Fair Balance
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| Author | : Jonas Christoffersen |
| Publisher | : BRILL |
| Total Pages | : 686 |
| Release | : 2009-06-02 |
| Genre | : Law |
| ISBN | : 9004180818 |
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
| Author | : Patricia Aufderheide |
| Publisher | : University of Chicago Press |
| Total Pages | : 214 |
| Release | : 2011-07-15 |
| Genre | : Law |
| ISBN | : 0226032442 |
In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when some permissions “i” proves undottable. Patricia Aufderheide and Peter Jaszi chart a clear path through the confusion by urging a robust embrace of a principle long-embedded in copyright law, but too often poorly understood—fair use. By challenging the widely held notion that current copyright law has become unworkable and obsolete in the era of digital technologies, Reclaiming Fair Use promises to reshape the debate in both scholarly circles and the creative community. This indispensable guide distills the authors’ years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals into no-nonsense advice and practical examples for content producers. Reclaiming Fair Use begins by surveying the landscape of contemporary copyright law—and the dampening effect it can have on creativity—before laying out how the fair-use principle can be employed to avoid copyright violation. Finally, Aufderheide and Jaszi summarize their work with artists and professional groups to develop best practice documents for fair use and discuss fair use in an international context. Appendixes address common myths about fair use and provide a template for creating the reader’s own best practices. Reclaiming Fair Use will be essential reading for anyone concerned with the law, creativity, and the ever-broadening realm of new media.
| Author | : Eve Rodsky |
| Publisher | : Penguin |
| Total Pages | : 385 |
| Release | : 2021-01-05 |
| Genre | : Social Science |
| ISBN | : 0525541942 |
AN INSTANT NEW YORK TIMES BESTSELLER • A REESE'S BOOK CLUB PICK Tired, stressed, and in need of more help from your partner? Imagine running your household (and life!) in a new way... It started with the Sh*t I Do List. Tired of being the “shefault” parent responsible for all aspects of her busy household, Eve Rodsky counted up all the unpaid, invisible work she was doing for her family—and then sent that list to her husband, asking for things to change. His response was...underwhelming. Rodsky realized that simply identifying the issue of unequal labor on the home front wasn't enough: She needed a solution to this universal problem. Her sanity, identity, career, and marriage depended on it. The result is Fair Play: a time- and anxiety-saving system that offers couples a completely new way to divvy up domestic responsibilities. Rodsky interviewed more than five hundred men and women from all walks of life to figure out what the invisible work in a family actually entails and how to get it all done efficiently. With 4 easy-to-follow rules, 100 household tasks, and a series of conversation starters for you and your partner, Fair Play helps you prioritize what's important to your family and who should take the lead on every chore, from laundry to homework to dinner. “Winning” this game means rebalancing your home life, reigniting your relationship with your significant other, and reclaiming your Unicorn Space—the time to develop the skills and passions that keep you interested and interesting. Stop drowning in to-dos and lose some of that invisible workload that's pulling you down. Are you ready to try Fair Play? Let's deal you in.
| Author | : Rohinton Mistry |
| Publisher | : McClelland & Stewart |
| Total Pages | : 834 |
| Release | : 2010-10-29 |
| Genre | : Fiction |
| ISBN | : 1551991381 |
A Fine Balance, Rohinton Mistry’s stunning internationally acclaimed bestseller, is set in mid-1970s India. It tells the story of four unlikely people whose lives come together during a time of political turmoil soon after the government declares a “State of Internal Emergency.” Through days of bleakness and hope, their circumstances – and their fates – become inextricably linked in ways no one could have foreseen. Mistry’s prose is alive with enduring images and a cast of unforgettable characters. Written with compassion, humour, and insight, A Fine Balance is a vivid, richly textured, and powerful novel written by one of the most gifted writers of our time.
| Author | : Mark R. Scherer |
| Publisher | : Plains Histories |
| Total Pages | : 272 |
| Release | : 2008 |
| Genre | : History |
| ISBN | : |
"A multiple murder case in Nebraska in October 1975 attracted massive media attention, spawning a collision between the rights of free press and fair trial. Scherer details the criminal prosecution and the ensuing legal battles that led to a landmark constitutional ruling regarding these rights by the U.S. Supreme Court"--Provided by publisher.
| Author | : Douglas J. Pisano |
| Publisher | : CRC Press |
| Total Pages | : 466 |
| Release | : 2008-08-11 |
| Genre | : Medical |
| ISBN | : 1040061974 |
Examines harmonization of the US Federal Food, Drug, and Cosmetic Act with international regulations as they apply to human drug and device development, research, manufacturing, and marketing. The Second Edition focuses on the new drug approval process, cGMPs, GCPs, quality system compliance, and corresponding documentation requirements. Written in
| Author | : Great Britain. Parliament. House of Commons |
| Publisher | : |
| Total Pages | : 486 |
| Release | : 1853 |
| Genre | : |
| ISBN | : |
| Author | : Alice Margaria |
| Publisher | : Cambridge University Press |
| Total Pages | : 205 |
| Release | : 2021-02-11 |
| Genre | : Law |
| ISBN | : 9781108465861 |
This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.
| Author | : Stefan Kulk |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 543 |
| Release | : 2019-10-02 |
| Genre | : Law |
| ISBN | : 9403514906 |
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
| Author | : Yulia Levashova |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 278 |
| Release | : 2019-07-18 |
| Genre | : Law |
| ISBN | : 9403510153 |
Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.
