Barfield and Calfee clearly explain arcane issues of patent law and the tremendous effect that they can have on our economy, our technological progress, and our health. As Congress considers sweeping changes to the patent law, this book is a timely evaluation of the strengths and weaknesses of the current system and the risk of overly aggressive reform. Biotechnology and the Patent System analyzes the role of intellectual property protection in biomedical research, one of America’s leading growth industries. Barfield and Calfee explore ways in which patent law fosters future research and venture capital investment; they also evaluate whether the current system could potentially impede genomic research and the development of new treatment and diagnostic tools.

Кл.слова:
законодавство -- біотехнологія

From local trial courts to the United States Supreme Court, judges' decisions affect the fates of individual litigants and the fate of the nation as a whole. Scholars have long discussed and debated explanations of judicial behavior. This book examines the major issues in the debates over how best to understand judicial behavior and assesses what we actually know about how judges decide cases. It concludes that we are far from understanding why judges choose the positions they take in court. Lawrence Baum considers three issues in examining judicial behavior. First, the author considers the balance between the judges' interest in the outcome of particular cases and their interest in other goals such as personal popularity and lighter workloads. Second, Baum considers the relative importance of good law and good policy as bases for judges' choices. Finally Baum looks at the extent to which judges act strategically, choosing their own positions after taking into account the positions that their fellow judges and other policy makers might adopt. Baum argues that the evidence on each of these issues is inconclusive and that there remains considerable room for debate about the sources of judges' decisions. Baum concludes that this lack of resolution is not the result of weaknesses in the scholarship but from the difficulty in explaining human behavior. He makes a plea for diversity in research. This book will be of interest to political scientists and scholars in law and courts as well as attorneys who are interested in understanding judges as decision makers and who want to understand what we can learn from scholarly research about judicial behavior. Lawrence Baum is Professor of Political Science, Ohio State University.

Кл.слова:
судова система -- судовий процес

This volume assembles recent perspectives and fresh approaches in the field of criminology. It gives an overview of new paths that criminologists take to meet the challenges of social dynamics in different fields of the discipline. Scholars of criminology and sociol-legal studies have contributed to the volume thus furthering an integrative and complex perspective on crime and control. This volume includes the papers from a conference that took place at the International Institute for the Sociology of Law at Onati, Spain, from 23 to 24 October 1997. The VW-Foundation in Germany generously funded the conference. We are in particular indebted to Dr Hagen Hof of the VW-Foundation for his advice and support. We owe further thanks to the staff of the International Institute at Onati, especially Mrs Malen Gordoa, who all contributed to the perfect organisation and the inspiring atmosphere of the workshop.

Кл.слова:
кримінологія

The definitive volume on the sources of contemporary conflict and the array of possible responses to it.

Кл.слова:
війна

Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

Кл.слова:
конституція -- право

Too many laws, too many lawyers--that's the necessary consequence of a complex society, or so conventional wisdom has it. Countless pundits insist that any call for legal simplification smacks of nostalgia, sentimentality, or naiveté. But the conventional view, the noted legal scholar Richard Epstein tells us, has it exactly backward. The richer texture of modern society allows for more individual freedom and choice. And it allows us to organize a comprehensive legal order capable of meeting the technological and social challenges of today on the basis of just six core principles. In this book, Epstein demonstrates how. The first four rules, which regulate human interactions in ordinary social life, concern the autonomy of the individual, property, contract, and tort. Taken together these rules establish and protect consistent entitlements over all resources, both human and natural. These rules are backstopped by two more rules that permit forced exchanges on payment of just compensation when private or public necessity so dictates. Epstein then uses these six building blocks to clarify many intractable problems in the modern legal landscape. His discussion of employment contracts explains the hidden virtues of contracts at will and exposes the crippling weaknesses of laws regarding collective bargaining, unjust dismissal, employer discrimination, and comparable worth. And his analysis shows how laws governing liability for products and professional services, corporate transactions, and environmental protection have generated unnecessary social strife and economic dislocation by violating these basic principles. Simple Rules for a Complex World offers a sophisticated agenda for comprehensive social reform that undoes much of the mischief of the modern regulatory state. At a time when most Americans have come to distrust and fear government at all levels, Epstein shows how a consistent application of economic and political theory allows us to steer a middle path between too much and too little

Кл.слова:
закон -- юриспруденція -- правова система

Alexander Bain invented the fax machine. John Pemberton created Coca-Cola. James Harrison invented the refrigerator. All of them went broke because they didn't know how to run a business. Creating a successful invention isn't enough; this guide shows how to make it a business.

Кл.слова:
організація бізнесу -- управління бізнесом

This text presents a realistic view of the role of statistics in the courtroom. While obviously intended to introduce statistics to attornies, it provides statisticians such as myself with a clearcut view of what works and what doesn't work in a courtroom setting. Recommended both for attornies who want to brush up or relearn their statistics to get the most out of a statistician, and statisticians who want to develop productive working relationships with attornies.

Кл.слова:
судовий процес -- судова система

As the branch of law dealing with the exercise of governmental power, and so directly concerned with politics, policy issues and good governance values, administrative law can challenge even the advanced student. In response, this classic text looks at both the law and the factors informing it, elaborating the foundations of the subject. This contextualised approach allows the reader to develop a broad understanding of the subject. The authors consider the distinctive theoretical frameworks which inform study of this challenging subject. Case law and legislation are set out and discussed and the authors have built in a range of case studies, to give a clear practical dimension to the study. This new and updated edition will cement the title’s prominent status.

Кл.слова:
право

What are the common forms of identity theft? Who are the most likely targets? What is law enforcement doing to counter a crime perpetrated not only by petty thieves and sophisticated con artists, but by terrorists, money-launderers, and those involved in human trafficking, drug trafficking, and illegal immigration? Identity Theft: A Reference Handbook examines these questions and more. With the 1998 Identity Theft and Assumption Deterrence Act as its starting point, this informative volume begins by explaining the federal, state, and global definitions of identity theft and how the lack of a standardized approach masks the true pervasiveness of the problem. In addition to addressing the crime's perpetrators, methods, and victims, the book also looks at what individuals, businesses, and the government are doing—and should consider doing—to curb the growth of this crime.

Кл.слова:
персональні дані -- ідентифікатор особистості

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The source book contains the reports of participants of the International scientific-practical conference "Human safety in the age of globalization: current legal paradigms", which was held by the Akademie HUSPOL (Czech Republic) with the assistance of the NGO "European Institute for Further Education" on May 29-30, 2020. The conference is dedicated to solving current problems in ensuring human safety in the age of globalization and finding ways to improve the legal practice of Ukraine and the Czech Republic.

Sbírka obsahuje materiály zpráv účastníků mezinárodní vědecko-praktické konference „Lidská bezpečnost v kontextu globalizace: moderní právní paradigmata“, kterou pořádala Akademie GUSPOL (Česká republika) za pomoci nevládní organizace „Evropský institut postgraduálního vzdělávání“ 29-30 Května 2020. Konference je věnována řešení současných problémů v oblasti zajištění lidské bezpečnosti v kontextu globalizace a hledání způsobů, jak zlepšit právní praxi Ukrajiny a České republiky.

Збірник містить матеріали доповідей учасників Міжнародної науково-практичної конференції «Безпека людини в умовах глобалізації: сучасні правові парадигми», яка була проведена Академією ГУСПОЛ (Чеська Республіка) за сприянням ГО «Європейський інститут післядипломної освіти» 29-30 травня 2020 року. Конференцію присвячено розв’язанню актуальних проблем в забезпеченні безпеки людини в умовах глобалізації та пошуку шляхів удосконалення правової практики України та Чехії.

Since the mid-1970s, there has been a dramatic shift in America's socioeconomic system, one that has gone virtually unnoticed by the general public. Tax policies and their enforcement have become a disaster, and thanks to discreet lobbying by a segment of the top 1 percent, Washington is reluctant or unable to fix them. The corporate income tax, the estate tax, and the gift tax have been largely ignored by the media. But the cumulative results are remarkable: today someone who earns a yearly salary of $60,000 pays a larger percentage of his income in taxes than the four hundred richest Americans.

Кл.слова:
економіка -- податок

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics. The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage. On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions. Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

Кл.слова:
суд -- політика

The textual legacy of southern Mesopotamia during the seventh, sixth and fi fth centuries BCE stands out for its abundance. The vast majority of these texts pertain to legal and administrative, rather than literary, matters. Loans, contracts, sales, marriages, adoptions and other day-to-day affairs were recorded on clay tablets by scribes writing in cuneiform script. Thousands of these tablets are known to today’s scholars, while many more are believed to exist and await discovery or publication.1 Modern Assyriological scholarship refers to these texts as Neo-Babylonian legal and administrative texts. They offer pictures of many aspects of Mesopotamian socio-economic and legal institutions in the centuries immediately preceding the Common Era.

Кл.слова:
юриспруденція -- судова система

Forensic ergonomics and human factors is the application of ergonomics theory, principles, and data to determine causes of system failures, often involving personal injury, considered in the context of litigation. The International Ergonomics Association defines ergonomics (or human factors) as the scientific discipline concerned with the understanding of interactions among humans and other elements of a system, and the profession that applies theory, principles, data, and methods to design in order to optimize human well-being and overall system performance.

Кл.слова:
судова система -- судочинство