Art Law and Transactions


Author: Anne-Marie Rhodes
Publisher: N.A
ISBN: 9781594607738
Category: Law
Page: 455
View: 3518

Continue Reading →

Art Law & Transactions presents art law along a transactional timeline of acquisition, ownership, and disposition. Issues are framed within an art market orientation to immediately challenge students to think like lawyers. The transactional focus reveals the uneven development of art law as works of art alternate between ordinary commercial status and exceptional status. The chapters on Acquisition explore the three major acquisition venues (from an artist, a dealer, or at auction) and the core legal issues of authenticity and title. The chapters on Ownership begin with crossing borders, followed by moral rights, and art loans. Disposition concludes the transactional timeline with sales and exchanges (echoing acquisition), gratuitous dispositions (to family, friends, and charities), and valuation. Historic and contemporary vignettes from the domestic and international art world are sprinkled throughout the book to engage the reader and to underscore art law s roots and global impact. In addition to traditional and current art law cases, the transactional format uniquely incorporates student drafting exercises. For example, the first Chapter, "Acquisition from an Artist," includes two commission agreements one by an artist, the other by a lawyer. Students can readily see what each party values and use that to fashion an agreement for Mr. Smith, the hypothetical client. Mr. Smith appears regularly throughout the book: buying through a dealer, importing from abroad, lending to a museum, acting as an estate fiduciary, and bequeathing art in his will. The exercises are optional and could be used as team projects or negotiation exercises. Statutory materials, international treaties, and conventions are provided on a CD.

Customs Law


Author: Damon V. Pike,Lawrence M. Friedman
Publisher: N.A
ISBN: 9781594609206
Category: Law
Page: 772
View: 9897

Continue Reading →

As the world's largest economy, the Unites States imports and exports more merchandise than any other country. This book covers the “nuts and bolts” of laws administered by U.S. Customs and Border Protection (“CBP”), the agency charged with regulating imports into the U.S. and collecting duties, import fees, and related taxes. Those laws and regulations center on the tariff classification of merchandise under the Harmonized System (as set forth in the Harmonized Tariff Schedule of the U.S.), the valuation of goods under the GATT (now WTO) Valuation Agreement, and the rules (both preferential and non-preferential) for determining “country of origin.” The book also covers the entry and recordkeeping process for imports, intellectual property protection, CBP's penalty regime, the use of preferential trade programs (specifically examining the North American Free Trade Agreement and its attendant Rules of Origin and Regional Value Content calculations), marking requirements, and the relationship of income tax transfer pricing rules in determining how inter-company pricing impacts declared customs values and, thus, global corporate income taxes. The system of judicial review by the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit is also covered. Finally, the book summarizes the requirements of 47 other federal agencies that CBP is charged with administering and enforcing with respect to imported merchandise.

Kentucky Legal Research


Author: William A. Hilyerd,Kurt X. Metzmeier,David J. Ensign
Publisher: N.A
ISBN: 9781611637076
Category: Legal research
Page: 188
View: 1189

Continue Reading →

Kentucky Legal Research can be used as a textbook for teaching both first-year and advanced legal research courses, and in paralegal instruction. It is written in clear language with a process-oriented approach designed to make complex procedures accessible to readers. The first chapter discusses the research process and the rudiments of legal analysis. Following chapters discuss the state constitution, researching judicial opinions in law reporters, statutory research, finding the legislative history of statutes, and administrative law. The book concludes with chapters on court rules, updating with citators, secondary sources, and online legal research. There is an appendix that briefly discusses legal citation under Kentucky rules and customs, the Bluebook, and the ALWD manual. The second edition features revised and expanded chapters on citators and online research. The administrative law chapter has been expanded and new databases such as Bloomberg Law are now included throughout the text.

Understanding Immigration Law


Author: Kevin R. Johnson,Raquel Aldana,Bill Ong Hing,Leticia Saucedo
Publisher: LexisNexis
ISBN: 0769881971
Category: Law
Page: N.A
View: 2088

Continue Reading →

The Second Edition of Understanding Immigration Law lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The eBook also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and criteria in the Immigration and Nationality Act. The book ends with a chapter speculating about the future of U.S. immigration law and the challenges and opportunities facing the nation. This eBook provides a comprehensive overview of U.S. immigration law. It has been designed to supplement the most widely adopted immigration law casebooks. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Art and Museum Law

Cases and Materials
Author: Robert C. Lind,Robert M. Jarvis,Marilyn E. Phelan
Publisher: N.A
ISBN: N.A
Category: Law
Page: 718
View: 6685

Continue Reading →

Art, Cultural Heritage, and the Law

Cases and Materials
Author: Patty Gerstenblith
Publisher: N.A
ISBN: 9781611632040
Category: Law
Page: 1146
View: 6144

Continue Reading →

"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."

The Court and the World

American Law and the New Global Realities
Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Category: Law
Page: 400
View: 9677

Continue Reading →

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

Trade and the Environment

Law and Policy
Author: Chris Wold,Sanford E. Gaines,Greg Block
Publisher: N.A
ISBN: N.A
Category: Law
Page: 933
View: 354

Continue Reading →

Since 1991, when a panel of the General Agreement on Tariffs and Trade (GATT) found that U.S. import restrictions on tuna from countries with high dolphin mortality violated GATT's trade rules, an entire field of law has emerged called “Trade and the Environment.” This book provides a thorough and balanced assessment of this developing area of law that affects consumer, regulatory and trade policy choices for governments around the world. It encompasses trade agreements and the evolving jurisprudence, from the 1991 tuna-dolphin case up to actions on agricultural subsidies in late 2004.This book is designed to teach students with no prior background in trade law or environmental law. It is also designed to be equally accessible to students and professors from civil law as well as common law jurisdictions. Opening chapters present key trade and environmental policy theories and concepts, and introduce the structure of the World Trade Organization (WTO) and its process for adjudicating trade disputes. Substantive chapters comprehensively assess the GATT's core obligations and the “general exceptions” to those obligations for certain types of environmental measures. WTO agreements such as the Agreement on Technical Barriers to Trade, the Agreement on Application of Sanitary and Phytosanitary Measures, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Agriculture are covered. There are substantial excerpts from decisions in the key trade-environment disputes, including the famous cases addressing protection of sea turtles in shrimp fisheries, growth hormones and risk assessment, natural resource and agricultural subsidies, and bans on the use of asbestos. Unresolved issues such as ecolabels and genetically modified foods and the legal status of trade measures in multilateral environmental agreements are also discussed. In addition, the book has a chapter on the North American Free Trade Agreement (NAFTA) and its environmental side agreement, including investment provisions and investor-State arbitration.Throughout, the book presents policy arguments about the connections between trade and environmental protection and the linkage with broader concerns about sustainable development and the economic and environmental prospects for developing countries. It also considers the work of international institutions created to address these connections and the role of public participation in both disputes and trade agreement negotiations.Because the complexity of trade and environment issues often obscures the real significance of the decisions, a special feature of this book is extensive background material and commentary and numerous “Questions and Discussion” points. These features are designed to make trade policy and trade jurisprudence accessible to teachers and students alike.

The Bluebook

A Uniform System of Citation
Author: N.A
Publisher: N.A
ISBN: 9789998255289
Category: Citation of legal authorities
Page: 415
View: 3689

Continue Reading →

Provides a guide to legal citation information inthe United States. Compiled from the Columbia LawReview, 105th edition, c2005; Harvard Law Review,118th edition, c2005; Univ. of Pennsylvania LawReview, 153rd edition, c2005; and the Yale LawJournal, 114th edition, c2005. New edition offersthe Bluepages for beginning law students.

Advanced Torts

Cases and Materials
Author: Peter B. Kutner,Osborne M. Reynolds (Jr.)
Publisher: N.A
ISBN: 9781611633016
Category: Law
Page: 749
View: 3838

Continue Reading →

The Advanced Torts casebook is designed for courses on the major tort law subjects that are not included in the basic first-year tort courses. The popularity and consistent use of this casebook reflect the fact that the book is unique in its in-depth coverage of advanced torts subjects, which are now the principal growth areas of tort law. Subjects covered in Advanced Torts include defamation, the rights of privacy and publicity, harm to family relationships, wrongful birth, malicious prosecution, abuse of process, interference with common law civil rights, liability for economic loss, interference with contracts, interference with business relations, unfair competition, common law rights to literary and commercial creations and ideas, trade secrets, and other economic torts including injurious falsehood. The fourth edition maintains the casebook¿s clear organization and rich range of cases from not only the United States, but also England, Canada, Australia and other common law legal systems¿cases selected as the most valuable for instructional purposes as well as for their influence in shaping tort law. New cases and notes, addressing such developing areas as liability for defamation in Internet communications, bring the material fully up-to-date. The casebook has ample material for courses and seminars on economic torts (business torts) or defamation and privacy (tort law and the communications media).

Comparative Contract Law

A Transystemic Approach with an Emphasis on the Continental Law : Cases, Text and Materials
Author: Tadas Klimas
Publisher: N.A
ISBN: 9780890895061
Category: Law
Page: 660
View: 6979

Continue Reading →

This is a casebook with an emphasis on Continental law, in a comparative, American-style format, with many references to U.S. and U.K. law. It illustrates the treatment of the most important topics of contract law by the various civil-law jurisdictions. Each chapter begins with an introductory exposition, comparing and contrasting the law of the various jurisdictions, with numerous examples. This is followed by cases drawn from France, Brazil, Lithuania, Quebec, Russia, and other jurisdictions, as well as some from the United States. Each chapter ends with a set of exercises. The book serves as a good introduction to the principles of European Contract Law, which is the first step taken by Europe towards a pan-European contracts code. It can be used to teach American law students about Continental law in a familiar, case-based, format. It can also be used for teaching comparative contract law to European law students in the Socratic method. A teacher's manual will be available.

Training Manual on International Environmental Law


Author: Lal Kurukulasuriya,Nicholas A. Robinson
Publisher: UNEP/Earthprint
ISBN: 9789280725544
Category: Political Science
Page: 388
View: 4290

Continue Reading →

Offers an overview of the body of environmental law. This report is intended for legal stakeholders from various backgrounds including government representatives, judges, university professors and students to enable them to more effectively participate in the global, regional and national efforts to preserve the Earth for future generations.

Economic Principles of Law


Author: Cento G. Veljanovski
Publisher: Cambridge University Press
ISBN: 1139464892
Category: Business & Economics
Page: N.A
View: 4066

Continue Reading →

Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.

Gendering African Social Spaces

Women, Power, and Cultural Expressions
Author: Toyin Falola,Shadrack Wanjala Nasong'o
Publisher: N.A
ISBN: 9781611637410
Category: Sex role
Page: 336
View: 7370

Continue Reading →

This collection focuses on the role of gender in African social spaces. It is noteworthy that, at one time or another in the past, many societies were essentially patriarchal in nature. The dynamic of women's empowerment is thus a pertinent issue in the contemporary world. In this book, gender empowerment and the notion of gendering social spaces are approached broadly. The social spaces addressed range from the political arena to socio-economic spheres and church leadership, as well as spaces for artistic expressions. Accordingly, the editors have divided Gendering African Social Spaces into four parts. The first focuses on the issue of the politics of women's empowerment with particular reference to activities in the political and policy-making spaces in Africa. Part Two deals with women's marginalization, victimization, and violent abuse, along with the special treatment of women with both physical and mental disabilities. Part Three of the book takes on the issue of gender and artistic expressions with a view to assessing the contributions of women to creativity. Part Four rounds out the book with a focus on the role of women in church leadership, with particular focus on Pentecostal churches in Nigeria. The chapters in this book are written by scholars, academics, and practitioners from multiple disciplinary perspectives including the social sciences, humanities, and the natural sciences. This collection is thus rich in interdisciplinary and multidisciplinary frameworks. This book is part of the African World Series, edited by Toyin Falola, Jacob and Frances Sanger Mossiker Chair in the Humanities, University of Texas at Austin.

National Security Law


Author: John Norton Moore,Robert F. Turner
Publisher: Berghahn Books
ISBN: N.A
Category: Law
Page: 1375
View: 9343

Continue Reading →

The academic field of national security law began more than three decades ago at the University of Virginia School of Law when Professor John Norton Moore recognized a need to prepare law students to deal with legal problems involving the national security of the United States and began offering a course entitled "law and national security." In 1981, the editors co-founded the Center for National Security Law (CNSL) at Virginia, and in 1990 the first edition of this landmark text was published. Since then, CNSL has run more than a dozen summer National Security Law Institutes to help prepare professors and government practitioners to teach or work in this growing new field, and courses dealing with national security law are being taught at most American law schools.This remarkable new edition includes contributions by more than two dozen scholars and practitioners from the United States and abroad, including a judge on the International Court of Justice, a former Director of the Arms Control and Disarmament Agency, the senior national security lawyer at the FBI, a former Legal Adviser to the National Security Council, and distinguished professors from major universities. In addition to updated revisions of more traditional topics like war powers, terrorism, intelligence, arms control, treaties, human rights, immigration, trade, environmental law, and freedom of expression, the new edition includes chapters on space law, homeland defense, information warfare, and a revolutionary new theoretical approach to the origins of war ? making National Security Law the most comprehensive and up-to-date text in the field.A new document supplement is forthcoming.

Rain Without Thunder

The Ideology of the Animal Rights Movement
Author: Gary Francione
Publisher: Temple University Press
ISBN: 9781439905227
Category: Nature
Page: 288
View: 3096

Continue Reading →

A powerful re-examination of the animal rights movement and its shortcomings.

Global Business Law

Principles and Practice
Author: David Frisch,Raj Bhala
Publisher: N.A
ISBN: 9780890896839
Category: Law
Page: 1157
View: 5107

Continue Reading →

International Banking

Cases, Materials, and Problems
Author: Michael P. Malloy
Publisher: N.A
ISBN: 9781611632385
Category: Law
Page: 613
View: 9717

Continue Reading →

This casebook is the first of its kind to integrate fully the issues concerning the continuing international financial crisis, and the current impact of government efforts to respond to the crisis -- not just an isolated discussion, but a thoroughly embedded treatment. It is organized around the birth-to-death experience of international financial services institutions. The book contains case excerpts, related materials and over 200 detailed problems and notes that are accessible yet challenging. It focuses on the regulation of international banking at the federal level, but with extensive international and comparative law materials. An accompanying documents supplement includes up-to-date statutory materials and the revised Core Principles for Effective Banking Supervision.