Author: Stuart P. Green
Publisher: Harvard University Press
ISBN: 0674065034
Category : Law
Languages : en
Pages : 397
Book Description
Theft causes greater economic injury than any other criminal offense. Yet fundamental questions about what should count as stealing remain unresolved. Green assesses our legal framework at a time when our economy commodifies intangibles (intellectual property, information, ideas, identities, and virtual property) and theft grows more sophisticated.
Thirteen Ways to Steal a Bicycle
Author: Stuart P. Green
Publisher: Harvard University Press
ISBN: 0674065034
Category : Law
Languages : en
Pages : 397
Book Description
Theft causes greater economic injury than any other criminal offense. Yet fundamental questions about what should count as stealing remain unresolved. Green assesses our legal framework at a time when our economy commodifies intangibles (intellectual property, information, ideas, identities, and virtual property) and theft grows more sophisticated.
Publisher: Harvard University Press
ISBN: 0674065034
Category : Law
Languages : en
Pages : 397
Book Description
Theft causes greater economic injury than any other criminal offense. Yet fundamental questions about what should count as stealing remain unresolved. Green assesses our legal framework at a time when our economy commodifies intangibles (intellectual property, information, ideas, identities, and virtual property) and theft grows more sophisticated.
Thirteen Ways to Steal a Bicycle
Author: Stuart P. Green
Publisher: Harvard University Press
ISBN: 0674069986
Category : Law
Languages : en
Pages : 431
Book Description
Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved—especially misappropriations of intellectual property, information, ideas, identities, and virtual property. In Thirteen Ways to Steal a Bicycle, Stuart Green assesses our current legal framework at a time when our economy increasingly commodifies intangibles and when the means of committing theft and fraud grow ever more sophisticated. Was it theft for the editor of a technology blog to buy a prototype iPhone he allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was it theft for doctors to use a patient’s tissue without permission in order to harvest a valuable cell line? For an Internet activist to publish tens of thousands of State Department documents on his Web site? In this full-scale critique, Green reveals that the last major reforms in Anglophone theft law, which took place almost fifty years ago, flattened moral distinctions, so that the same punishments are now assigned to vastly different offenses. Unreflective of community attitudes toward theft, which favor gradations in blameworthiness according to what is stolen and under what circumstances, and uninfluenced by advancements in criminal law theory, theft law cries out for another reformation—and soon.
Publisher: Harvard University Press
ISBN: 0674069986
Category : Law
Languages : en
Pages : 431
Book Description
Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved—especially misappropriations of intellectual property, information, ideas, identities, and virtual property. In Thirteen Ways to Steal a Bicycle, Stuart Green assesses our current legal framework at a time when our economy increasingly commodifies intangibles and when the means of committing theft and fraud grow ever more sophisticated. Was it theft for the editor of a technology blog to buy a prototype iPhone he allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was it theft for doctors to use a patient’s tissue without permission in order to harvest a valuable cell line? For an Internet activist to publish tens of thousands of State Department documents on his Web site? In this full-scale critique, Green reveals that the last major reforms in Anglophone theft law, which took place almost fifty years ago, flattened moral distinctions, so that the same punishments are now assigned to vastly different offenses. Unreflective of community attitudes toward theft, which favor gradations in blameworthiness according to what is stolen and under what circumstances, and uninfluenced by advancements in criminal law theory, theft law cries out for another reformation—and soon.
Ashworth's Principles of Criminal Law
Author: Jeremy Horder
Publisher: Oxford University Press, USA
ISBN: 0198777663
Category : Law
Languages : en
Pages : 583
Book Description
Ashworth's Principles of Criminal Law, now in its ninth edition, takes a distinctive approach to the subject of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to enlighten the reader as to the underlying principles and theoretical foundations of the criminal law, critically engaging readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. Online Resources The text is accompanied by online resources housing a full bibliography as well as a selection of useful web links.
Publisher: Oxford University Press, USA
ISBN: 0198777663
Category : Law
Languages : en
Pages : 583
Book Description
Ashworth's Principles of Criminal Law, now in its ninth edition, takes a distinctive approach to the subject of criminal law, whilst still covering all of the vital topics found on criminal law courses. Uniquely theoretical, it seeks to enlighten the reader as to the underlying principles and theoretical foundations of the criminal law, critically engaging readers by contextualizing and analysing the law. This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject. Online Resources The text is accompanied by online resources housing a full bibliography as well as a selection of useful web links.
Criminal Law
Author: Jens David Ohlin
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1094
Book Description
Jens Ohlin’s Criminal Law is designed to respond to the changing nature of law teaching by offering a shorter, flexible, and more doctrinal approach, with an emphasis on application. Materials are presented, in a visually lively style, via a consistently structured pedagogy within each chapter: Doctrine (treatise-like explanation), Application (cases), and Practice/Policy (questions providing an opportunity for normative critique of the law and exploration of practical and strategic challenges facing criminal lawyers). Theory is integrated into the doctrine section rather than conveyed through law review excerpts, so as to help students make the necessary connections to doctrinal issues. Aggressively-edited cases help keep the length to a minimum, and modern cases will engage younger students and professors. New to the Fourth Edition: Completely reconfigured chapter on accomplice liability: Streamlined discussion of the required mens rea and different cases for both mens rea and the natural and probable consequences doctrine. Relegation of the Rosemond case to the notes. Relegation of advanced aspects of the doctrine to the notes. The chapter is reconfigured to acknowledge statutory changes in California sharply limiting the natural and probable consequences doctrine in homicide cases. Changes in the chapter on manslaughter, especially the jurisdictional split on recklessness versus negligence as the required mental element for involuntary manslaughter, with a cataloguing of the required mens rea in each state. Re-edited Norman case in the Self-Defense chapter to enhance teachability. New material in the Act Requirement chapter dealing with addiction/intoxication and homelessness as status crimes. Benefits for instructors and students: Structure and content which line up with how professors actually teach the course, as opposed to how the course was taught a generation ago Integrated notes throughout the casebook, directing students to view a series of 20 short video clips that bring the doctrinal controversies to life in a fictional courtroom Shorter-than-average casebook length, helping to make it more manageable for professors with reduced course hours Brief chapters, each focusing on a single doctrine Innovative pedagogy emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) Theory interwoven into doctrine materials (rather than rigorous law review excerpts) New, fresh, tightly-edited cases Post-case notes and questions to invite closer examination of doctrine/application and to generate class discussion “Problem Case” boxes (featuring high-profile cases and which include discussion questions) Hypotheticals “Afterward” boxes (following some cases) “Advice” boxes “Practice and Policy” sections in each chapter, urging students to consider how the various actors in the process (prosecutors, defense counsel, judges and juries) make particular decisions and the strategic calculations that informed them, and make this casebook more practice-ready than others Open, two-color design with appealing visual elements (including carefully-selected photographs)
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1094
Book Description
Jens Ohlin’s Criminal Law is designed to respond to the changing nature of law teaching by offering a shorter, flexible, and more doctrinal approach, with an emphasis on application. Materials are presented, in a visually lively style, via a consistently structured pedagogy within each chapter: Doctrine (treatise-like explanation), Application (cases), and Practice/Policy (questions providing an opportunity for normative critique of the law and exploration of practical and strategic challenges facing criminal lawyers). Theory is integrated into the doctrine section rather than conveyed through law review excerpts, so as to help students make the necessary connections to doctrinal issues. Aggressively-edited cases help keep the length to a minimum, and modern cases will engage younger students and professors. New to the Fourth Edition: Completely reconfigured chapter on accomplice liability: Streamlined discussion of the required mens rea and different cases for both mens rea and the natural and probable consequences doctrine. Relegation of the Rosemond case to the notes. Relegation of advanced aspects of the doctrine to the notes. The chapter is reconfigured to acknowledge statutory changes in California sharply limiting the natural and probable consequences doctrine in homicide cases. Changes in the chapter on manslaughter, especially the jurisdictional split on recklessness versus negligence as the required mental element for involuntary manslaughter, with a cataloguing of the required mens rea in each state. Re-edited Norman case in the Self-Defense chapter to enhance teachability. New material in the Act Requirement chapter dealing with addiction/intoxication and homelessness as status crimes. Benefits for instructors and students: Structure and content which line up with how professors actually teach the course, as opposed to how the course was taught a generation ago Integrated notes throughout the casebook, directing students to view a series of 20 short video clips that bring the doctrinal controversies to life in a fictional courtroom Shorter-than-average casebook length, helping to make it more manageable for professors with reduced course hours Brief chapters, each focusing on a single doctrine Innovative pedagogy emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) Theory interwoven into doctrine materials (rather than rigorous law review excerpts) New, fresh, tightly-edited cases Post-case notes and questions to invite closer examination of doctrine/application and to generate class discussion “Problem Case” boxes (featuring high-profile cases and which include discussion questions) Hypotheticals “Afterward” boxes (following some cases) “Advice” boxes “Practice and Policy” sections in each chapter, urging students to consider how the various actors in the process (prosecutors, defense counsel, judges and juries) make particular decisions and the strategic calculations that informed them, and make this casebook more practice-ready than others Open, two-color design with appealing visual elements (including carefully-selected photographs)
Modern Bribery Law
Author: Jeremy Horder
Publisher: Cambridge University Press
ISBN: 110735496X
Category : Law
Languages : en
Pages : 383
Book Description
The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Publisher: Cambridge University Press
ISBN: 110735496X
Category : Law
Languages : en
Pages : 383
Book Description
The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.
Technology
Author: Penny Crofts
Publisher: Routledge
ISBN: 1000381463
Category : Computers
Languages : en
Pages : 114
Book Description
Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.
Publisher: Routledge
ISBN: 1000381463
Category : Computers
Languages : en
Pages : 114
Book Description
Placing contemporary technological developments in their historical context, this book argues for the importance of law in their regulation. Technological developments are focused upon overcoming physical and human constraints. There are no normative constraints inherent in the quest for ongoing and future technological development. In contrast, law proffers an essential normative constraint. Just because we can do something, does not mean that we should. Through the application of critical legal theory and jurisprudence to pro-actively engage with technology, this book demonstrates why legal thinking should be prioritised in emerging technological futures. This book articulates classic skills and values such as ethics and justice to ensure that future and ongoing legal engagements with socio-technological developments are tempered by legal normative constraints. Encouraging them to foreground questions of justice and critique when thinking about law and technology, the book addresses law students and teachers, lawyers and critical thinkers concerned with the proliferation of technology in our lives.
Essays in Criminal Law in Honour of Sir Gerald Gordon
Author: James Chalmers
Publisher: Edinburgh University Press
ISBN: 0748686932
Category : Law
Languages : en
Pages : 377
Book Description
This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.
Publisher: Edinburgh University Press
ISBN: 0748686932
Category : Law
Languages : en
Pages : 377
Book Description
This volume is a Festschrift in honour of Sir Gerald Gordon who has been one of the most influential figures in Scottish criminal law and procedure in the last century.
Information Technology Law in India
Author: Talat Fatima
Publisher: Kluwer Law International B.V.
ISBN: 9403539860
Category : Law
Languages : en
Pages : 203
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to information technology law – the law affecting information and communication technology (ICT) – in India covers every aspect of the subject, including the regulation of digital markets, intellectual property rights in the digital context, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, and cybercrime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the monograph assembles its information and guidance in six main areas of practice: (1) the regulatory framework of digital markets, including legal aspects of standardization, international private law applied to the online context, telecommunications law, regulation of audio-visual services and online commercial platforms; (2) online public services including e-government, e-health and online voting; (3) contract law with regard to software, hardware, networks and related services, with special attention to case law in this area, rules with regard to electronic evidence, regulation of electronic signatures, online financial services and electronic commerce; (4) software protection, legal protection of databases or chips, and other intellectual property matters; (5) the legal framework regarding cybersecurity and (6) the application of criminal procedure and substantive criminal law in the area of cybercrime. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this monograph a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.
Publisher: Kluwer Law International B.V.
ISBN: 9403539860
Category : Law
Languages : en
Pages : 203
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to information technology law – the law affecting information and communication technology (ICT) – in India covers every aspect of the subject, including the regulation of digital markets, intellectual property rights in the digital context, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, and cybercrime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the monograph assembles its information and guidance in six main areas of practice: (1) the regulatory framework of digital markets, including legal aspects of standardization, international private law applied to the online context, telecommunications law, regulation of audio-visual services and online commercial platforms; (2) online public services including e-government, e-health and online voting; (3) contract law with regard to software, hardware, networks and related services, with special attention to case law in this area, rules with regard to electronic evidence, regulation of electronic signatures, online financial services and electronic commerce; (4) software protection, legal protection of databases or chips, and other intellectual property matters; (5) the legal framework regarding cybersecurity and (6) the application of criminal procedure and substantive criminal law in the area of cybercrime. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this monograph a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in India will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.
Against Progress
Author: Jessica Silbey
Publisher: Stanford University Press
ISBN: 1503631923
Category : Law
Languages : en
Pages : 567
Book Description
When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Publisher: Stanford University Press
ISBN: 1503631923
Category : Law
Languages : en
Pages : 567
Book Description
When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Megaregulation Contested
Author: Benedict Kingsbury
Publisher: Oxford University Press
ISBN: 0192559095
Category : Law
Languages : en
Pages : 983
Book Description
The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.
Publisher: Oxford University Press
ISBN: 0192559095
Category : Law
Languages : en
Pages : 983
Book Description
The Japan-led Trans-Pacific Partnership (CPTPPA) of 2018 is the most far-reaching 'megaregional' economic agreement in force, with several major countries beyond its eleven negotiating countries also interested. Still bearing the stamp of the original US involvement before the Trump-era reversal, TPP is the first instance of 'megaregulation': a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and trans-regional scale. Its text and ambition have influenced other negotiations ranging from the Japan-EU Agreement (JEEPA) and the US-Mexico-Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channelling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labour rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the WTO and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.