Kategoria BISAC: Law >> Civil Procedure

These essays on the Constitution were written by busy men in the midst of an active public and professional life, written with immense haste, and without proper time for consultation.... Yet even when they first appeared, the Federalist papers were recognized as the best explanation of and defense of the Constitution available, and they took their place, almost at once, as a classic. Jefferson-no Federalist himself-pronounced the volume, when it appeared, the best commentary on the principles of government which has ever been written.--From the Introduction by Editor, Henry S. Commager....

What sort of communicative activities are actually covered and specifically protected by the Constitution? What is a public forum? What is the clear and present danger test for political free speech? How are the courts grappling with a definition for obscenity? What are the rights of the press? What is commercial speech? When does the right to privacy overrule the right to free press? Are picket lines the same as demonstrations? These are just a few of the questions students will think about as they study how the Supreme Court has responded to these issues over the past century.

Experienced attorney and sports enthusiast Freedman provides a comprehensive and extremely informative discussion of the antitrust legislation that affects professional sports--now undeniably a major business in the United States. In addition to thorough coverage of such legal aspects of professional sports as exemption and non-exemption from antitrust laws, anti-competitive practices, restraints of trade, and state regulation, Freedman also provides relevant case law and supporting decisions throughout. Following an introductory section outlining the history of professional sports law and...

Although Americans enjoy the convenience and economic benefits of the world's most advanced air transportation system, the future of the airline industry is clouded by capacity constraints, safety and environmental concerns, the consolidation of carriers, and, especially, airline labor relations under the Railway Labor Act. In this volume, William E. Thoms and Frank J. Dooley provide a comprehensive, authoritative overview of the history, the law, and the mechanics of modern airline labor bargaining. The authors trace the development of airline labor law, the representation and labor...

Just a few years ago, the concept of job-related privacy was barely recognized by the law and virtually unknown to most employers. Under the legal doctrine of employment-at-will, the conditions of most employment were dictated by employers, and workers held their jobs at the discretion of their superiors. In the past two decades, however, numerous laws and court rulings have established the doctrine of workplace privacy: the protection of employees and job applicants from attempts by employers to learn information about them and to regulate their activities on and off the job. This book...

In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent...

This work examines the topic of dispute resolution, specifically the multi-criteria approach that seeks to arrive at a conclusion that is mutually beneficial to both sides. Through the use of decision-aiding software, the multi-criteria approach can allow each side to give on various criteria that are not important to it, but are important to the other side. In this way, a super-optimum solution may even be met, in which both sides receive something significantly better than they had expected. Such a result is very difficult, if not impossible, to achieve, Stuart Nagel points out, in...

As the United States banking system enters the 1990s, the industry and its regulators face a crisis of major proportions. Successive problems have plagued various lending markets, bank failure rates have increased, and traditional regulatory techniques of risk control have proved unsuccessful. In this work, Helen A. Garten examines the current crisis in bank regulation and the regulatory response. In addition, she provides a series of recommendations for reforming the system so that regulatory failure will not occur again.

Garten begins her study with a strategic view of bank regulation...

In dealing with recent advances in biological engineering and human reproduction, we are confronted with legal, ethical, and religious questions for which there are no precedents. Warren Freedman undertakes a comprehensive examination of this topic. Sorting through the tangle of issues surrounding artificial insemination, surrogate motherhood, and other aspects of contemporary reproduction trends, Freedman attempts to clarify the rights and responsibilities of individuals, families, and society in the face of these new developments.

The author begins with a survey of the legal...

Environmental conflicts are increasing in number and intensity, demanding new approaches to dispute resolution such as environmental mediation. This book contains the expertise of 28 specialists; stresses the need for mediated dispute resolution as an alternative to litigation; calls for a communitarian approach; explores conceptual foundations and conflicts resistant to mediation; and answers How do we know what we know? Addresses training mediators; discusses special problems of small communities, value of citizen participation, and EPA regulatory negotiation; explores ethics and social...

Dr. Holzmann introduces the manager and technologist as well as the student and the foreign patent practitioner to the United States Law of Patent Infringement. Dr. Holzmann directly addresses what to do when a patent is being infringed. The author explains and interprets the intricacies of the patent law and provides a strong basis of understanding future changes in patent law. This valuable volume should appeal to academics and students of law, attorneys specializing in corporate law, patent attorneys, CEOs in technical firms, and CEOs of foreign corporations.