Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by Oxford University Press (UK). This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.
Download or read book Exceptions in EU Copyright Law written by Tito Rendas and published by Kluwer Law International B.V.. This book was released on 2021-02-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
Download or read book The Cambridge Handbook of Copyright Limitations and Exceptions written by Shyamkrishna Balganesh and published by Cambridge University Press. This book was released on 2021-01-07 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
Download or read book The Exceptions written by David Cristofano and published by Hachette+ORM. This book was released on 2012-05-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: From David Cristofano, the Edgar Award-nominated author of The Girl She Used to Be, comes a poignant, darkly witty story about the ties that bind us together . . . and the choices that rip us apart. No loose ends. It's the Bovaro family motto. As part of the Bovaro clan, one of the most powerful and respected families in organized crime, Jonathan knows what he must do: take out Melody Grace McCartney, the woman whose testimony can lock up his father and disgrace his entire family. The only problem: he can't bring himself to do it. Had Jonathan kept his silence, Melody and her parents would never have been identified and lured into the Witness Protection Program, able to run but never to hide. So he keeps her safe the only way he knows how-by vowing to clean up his own mess while acting as her shield. But as he watches her take on another new identity in yet another new town, becoming a beautiful but broken woman, Jonathan can't get her out of his mind . . . or his heart. From the streets of Little Italy to a refuge that promises a fresh start, Jonathan will be forced to choose between the life he's always known, the destiny his family has carved out for him, and a future unlike anything he's ever imagined.
Download or read book The Public Order Exception in International Trade Investment Human Rights and Commercial Disputes written by Zena Prodromou and published by Kluwer Law International B.V.. This book was released on 2020-08-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Download or read book Exceptions to the Rule written by Molly E. Reynolds and published by Brookings Institution Press. This book was released on 2017-07-18 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.
Download or read book Exceptions in International Law written by Lorand Bartels and published by Oxford University Press. This book was released on 2020-06-18 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many international obligations are subject to exceptions. These can be expressed in several ways: an obligation may be vitiated by the presence of one of its constitutive negative requirements, an obligation may be set aside by the application of another more specific rule, or an actor might have a right to act in a certain way notwithstanding a contrary obligation. Exceptions are also of fundamental practical importance: for example, they affect the allocation of the burden of proof. This volume provides a systematic and analytic study of exceptions to legal obligations in international law and defences for breaches of these obligations. It features contributions written by legal philosophers, who introduce various theoretical approaches to the role of exceptions, and scholars of international law, who elaborate on generic issues applicable to exceptions in international law as well as examine specific issues arising from exceptions in their respective areas of expertise. Topics covered include the use of force, international criminal law, human rights, trade, investment, environment, and jurisdictional immunities.
Download or read book The International Law of Human Rights and States of Exception written by Anna-Lena Svensson-McCarthy and published by BRILL. This book was released on 2021-09-27 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
Download or read book The Exception written by Christian Jungersen and published by Anchor Canada. This book was released on 2011-01-28 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four women – intimate with the psychology of evil – work together for a small nonprofit that disseminates information on genocide. When two of them receive death threats, they immediately believe the messages come from one of their recently profiled war criminals. As the tensions mount among the women, each discovers that none of the others is exactly the person they seem to be. Their obsession with tracking down the killer turns into a witch hunt: one by one, the women dismiss the idea that the threats were sent from the outside and begin to suspect each other, disclosing the jealousies and contempt that have been simmering just beneath the surface. A tautly woven philosophical drama with all the trimmings of an electrifying murder mystery, The Exception heralds Christian Jungersen as a gifted storyteller and keen observer of the human psyche.
Download or read book Understanding the Linux Kernel written by Daniel Pierre Bovet and published by "O'Reilly Media, Inc.". This book was released on 2002 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: To thoroughly understand what makes Linux tick and why it's so efficient, you need to delve deep into the heart of the operating system--into the Linux kernel itself. The kernel is Linux--in the case of the Linux operating system, it's the only bit of software to which the term "Linux" applies. The kernel handles all the requests or completed I/O operations and determines which programs will share its processing time, and in what order. Responsible for the sophisticated memory management of the whole system, the Linux kernel is the force behind the legendary Linux efficiency. The new edition of Understanding the Linux Kernel takes you on a guided tour through the most significant data structures, many algorithms, and programming tricks used in the kernel. Probing beyond the superficial features, the authors offer valuable insights to people who want to know how things really work inside their machine. Relevant segments of code are dissected and discussed line by line. The book covers more than just the functioning of the code, it explains the theoretical underpinnings for why Linux does things the way it does. The new edition of the book has been updated to cover version 2.4 of the kernel, which is quite different from version 2.2: the virtual memory system is entirely new, support for multiprocessor systems is improved, and whole new classes of hardware devices have been added. The authors explore each new feature in detail. Other topics in the book include: Memory management including file buffering, process swapping, and Direct memory Access (DMA) The Virtual Filesystem and the Second Extended Filesystem Process creation and scheduling Signals, interrupts, and the essential interfaces to device drivers Timing Synchronization in the kernel Interprocess Communication (IPC) Program execution Understanding the Linux Kernel, Second Edition will acquaint you with all the inner workings of Linux, but is more than just an academic exercise. You'll learn what conditions bring out Linux's best performance, and you'll see how it meets the challenge of providing good system response during process scheduling, file access, and memory management in a wide variety of environments. If knowledge is power, then this book will help you make the most of your Linux system.
Download or read book Rules and Exceptions in Biology from Fundamental Concepts to Applications written by Alfredo V. Peretti and published by Springer Nature. This book was released on with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by OUP Oxford. This book was released on 2015-03-26 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.
Download or read book Effective Java written by Joshua Bloch and published by Addison-Wesley Professional. This book was released on 2008-05-08 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you looking for a deeper understanding of the JavaTM programming language so that you can write code that is clearer, more correct, more robust, and more reusable? Look no further! Effective JavaTM, Second Edition, brings together seventy-eight indispensable programmer’s rules of thumb: working, best-practice solutions for the programming challenges you encounter every day. This highly anticipated new edition of the classic, Jolt Award-winning work has been thoroughly updated to cover Java SE 5 and Java SE 6 features introduced since the first edition. Bloch explores new design patterns and language idioms, showing you how to make the most of features ranging from generics to enums, annotations to autoboxing. Each chapter in the book consists of several “items” presented in the form of a short, standalone essay that provides specific advice, insight into Java platform subtleties, and outstanding code examples. The comprehensive descriptions and explanations for each item illuminate what to do, what not to do, and why. Highlights include: New coverage of generics, enums, annotations, autoboxing, the for-each loop, varargs, concurrency utilities, and much more Updated techniques and best practices on classic topics, including objects, classes, libraries, methods, and serialization How to avoid the traps and pitfalls of commonly misunderstood subtleties of the language Focus on the language and its most fundamental libraries: java.lang, java.util, and, to a lesser extent, java.util.concurrent and java.io Simply put, Effective JavaTM, Second Edition, presents the most practical, authoritative guidelines available for writing efficient, well-designed programs.
Download or read book Drafting Copyright Exceptions written by Emily Hudson and published by Cambridge University Press. This book was released on 2020-04-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a detailed account of interpretative practices and the 'law in action' that draws lessons for the drafting of copyright exceptions.
Download or read book Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana Being an Official Continuation of Blackford s Reports with Tables of the Cases and Principal Matters written by Indiana. Supreme Court and published by . This book was released on 1884 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exceptions from EU Free Movement Law written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Download or read book Additional Observations on Bills of Exception written by William Adam and published by . This book was released on 1836 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
