Property Rights: A Re-Examination
Property Rights: A Re-Examination

Author: J. E Penner

Publisher: Oxford University Press

Published: 2020-02-14

Total Pages: 338

ISBN-13: 0192565796

DOWNLOAD EBOOK

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

Property Rights
Property Rights

Author: J. E. Penner

Publisher:

Published: 2020

Total Pages: 257

ISBN-13: 0198830122

DOWNLOAD EBOOK

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence. Book jacket.

Property Rights and Social Justice
Property Rights and Social Justice

Author: Rachael Walsh

Publisher: Cambridge University Press

Published: 2021-06-10

Total Pages: 321

ISBN-13: 110842693X

DOWNLOAD EBOOK

Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.

Patents in the Knowledge-Based Economy
Patents in the Knowledge-Based Economy

Author: National Research Council

Publisher: National Academies Press

Published: 2003-09-11

Total Pages: 352

ISBN-13: 0309086361

DOWNLOAD EBOOK

This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

DOWNLOAD EBOOK

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines
A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

Author: Joo-Young Lee

Publisher: Routledge

Published: 2016-03-09

Total Pages: 356

ISBN-13: 1317187806

DOWNLOAD EBOOK

This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.

Selected Texts of Legal Instruments in International Environmental Law
Selected Texts of Legal Instruments in International Environmental Law

Author: United Nations Environment Programme

Publisher: UNEP/Earthprint

Published: 2005

Total Pages: 751

ISBN-13: 9280725645

DOWNLOAD EBOOK

Each of our actions, each of our decisions, has a direct link to whether the world as we know it today will survive, or succumb during the lifetime of our children. Success in combating environmental degradation is dependent on the full participation of all actors in society. One of the major challenges that legal stakeholders in developing countries and countries with economies in transition face is getting access to relevant information and material on environmental law. This publication is designed to meet that demand and serve as a source of reference of basic documents on international environmental law. Publishing Agency: United Nations Environment Programme (UNEP).