Download or read book Misappropriation and the Morality of Free Riding written by Michael E. Kenneally and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concern about free-riding drives intellectual property law, especially its misappropriation doctrine. Freely enjoying goods that are costly to produce may be bad for society as a whole (because it weakens private incentives to create such goods) and also unfair to those who have created them (because they are not compensated for all the value they produced). In recent decades, courts in misappropriation disputes have focused exclusively on the incentives worry, believing the fairness worry yields an unbounded misappropriation doctrine that conflicts with and is preempted by copyright law. But this view misunderstands the morality of free-riding. Whether free-riding is morally objectionable depends on the particular characteristics of the free-rider, not the fact of free-riding alone. And under copyright case law, that means the misappropriation doctrine can be based on ethics and yet not preempted. A better understanding of free-riding's moral dimensions helps repair a now broken doctrine, and more than that shores up intellectual property law's broader response to one of its driving concerns.
Download or read book Judicially Crafted Property Rights in Valuable Intangibles written by Apostolos G. Chronopoulos and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle C. Dreyfuss and published by Oxford University Press. This book was released on 2018-04-12 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
Download or read book Intellectual Property Law written by Lionel Bently and published by Oxford University Press. This book was released on 2022-10-31 with total page 1561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks
Download or read book The Dubious Morality of Modern Administrative Law written by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University and published by Rowman & Littlefield. This book was released on 2020-03-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.
Download or read book Handbook of Intellectual Property Research written by Irene Calboli and published by Oxford University Press. This book was released on 2021 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Download or read book Cases and Materials on Torts written by Richard A. Epstein and published by Aspen Publishing. This book was released on 2020-02-13 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.
Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
Download or read book Intellectual Property at the Edge written by Rochelle Cooper Dreyfuss and published by Cambridge University Press. This book was released on 2014-06-19 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.
Download or read book The Law and Ethics of Restitution written by Ḥanokh Dagan and published by Cambridge University Press. This book was released on 2004-08-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book provides acomprehensive account of the American law of restitution.
Download or read book Introduction to AI Safety Ethics and Society written by Dan Hendrycks and published by Dan Hendrycks. This book was released on with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethics for a Digital Era written by Deni Elliott and published by John Wiley & Sons. This book was released on 2017-10-05 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Elliott and Spence have produced a tight, teachable, and timely primer on media ethics for users and creators of information in the digital age. Pitched at just the right depth of detail to provide a big picture contextualization of changing media practices grounded in concerns for democracy and the public good, the book explores and reflects the implications of the convergence of the Fourth and Fifth Estates with an open-access, hyper-linked architecture which invites self-reflective practice on the part of its users” Philip Gordon, Utah Valley University 2019 PROSE Award Finalist in the Media & Cultural Studies category! The rapid and ongoing evolution of digital technologies has transformed the waythe world communicates and digests information. Fueled by a 24-hour news cycleand post-truth politics, media consumption and the technologies that drive ithave become more influential in shaping public opinion, and it has become more imperative than ever to examine their social and ethical consequences. Ethics for a Digital Era provides a penetrating analysis of the ethical issues that have emerged as the digital revolution progresses, including journalistic practices that impact on the truth, reliability, and trustworthiness of communicating information. The volume explores new methods and models for ethical inquiry in a digital world, and maps out guidelines for web-based news producers and users to conceptualize ethical issuesand analyze ethically questionable acts. In each of three thematic sections, Deni Elliott and Edward H. Spence reflect upon shifts in media ethics as contemporary mass communication combines traditional analog practices with new forms like blogs, vlogs, podcasts, and social media posts, and evolves into an interactive medium with users who both produce and consume the news. Later chapters apply a process of normative decision-making to some of the most important issues which arise in these interactions, and encourage users to bridge their own thinking between the virtual and physical worlds of information and its communication. Timely and thought-provoking, Ethics for a Digital Era is an invaluable resource for undergraduate and graduate students in media and mass communication, applied ethics, and journalism, as well as general readers interested in the ethical impact of their media consumption.
Download or read book Hastings Law Journal written by and published by . This book was released on 2012 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Casenote Legal Briefs for Torts Keyed to Epstein and Sharkey written by Casenote Legal Briefs and published by Aspen Publishing. This book was released on 2022-10-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. The series is trusted for its expert summary of the principal cases in your casebook. Its proven reliability makes Casenote Legal Briefs the most popular case brief series available. With more than 100 titles keyed to the current editions of major casebooks, you know you can find the help you need. The brief for each case saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, and important points of the holding and decision. Quicknotes are short definitions of the legal terms used at the end of each brief. Use the Glossary in the end of your text to define common Latin legal terms. Such an overview, combined with case analysis, helps broaden your understanding and supports you in classroom discussion. Each title is keyed to the current edition of a specific casebook; it s your trusted guide to the text throughout the semester.The brief for each principal case in the casebook saves you time and helps you retain important issues. Each brief has a succinct statement of the rule of law/black letter law, description of the facts, important points of the holding and decision, and concurrences and dissents included in the casebook excerpt. This overview is combined with a short analysis: all to help you broaden your understanding and support you in classroom discussion. Quicknotes at end of each brief give you short definitions of the legal terms used. A handy Glossary of common Latin words and phrases is included in every Casenote. Detailed instruction on how to brief a case is provided for you. A free Quick Course Outline accompanies all Casenote Legal Briefs in these course areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence, Property, and Torts.
Download or read book Intellectual Property and the Common Law written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2013-09-02 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, leading scholars of intellectual property and information policy examine what the common law - a method of reasoning, an approach to rule making, and a body of substantive law - can contribute to discussions about the scope, structure and function of intellectual property. The book presents an array of methodologies, substantive areas and normative positions, tying these concepts together by looking to the common law for guidance. Drawing on interdisciplinary ideas and principles that are embedded within the working of common law, it shows that the answers to many of modern intellectual property law's most puzzling questions may be found in the wisdom, versatility and adaptability of the common law. The book argues that despite the degree of interdisciplinary specialization in the field, intellectual property is fundamentally a creation of the law; therefore, the basic building blocks of the law can shed important light on what intellectual property can and should (and was perhaps meant to) be.
Download or read book Sport Ethics and Leadership written by Jack Bowen and published by Taylor & Francis. This book was released on 2017-07-12 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sport ethics prompt discussion of the central principles and ideals by which we all live our lives, and effective leadership in sport is invariably ethical leadership. This fascinating new introduction to sport ethics outlines key ethical theories in the context of sport as well as the fundamentals of moral reasoning.
Download or read book What is an Exchange written by Ruben Lee and published by OUP Oxford. This book was released on 1998-11-12 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: New technology has revolutionized the nature and threatened the existence of traditional stock and futures exchanges. This book analyses how they have responded to developments in automation,
