Public Rights
Public Rights

Author: Graham Greenleaf

Publisher: Cambridge University Press

Published: 2018-06-21

Total Pages: 667

ISBN-13: 1108577156

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Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author: Zena Prodromou

Publisher: Kluwer Law International B.V.

Published: 2020-08-12

Total Pages: 313

ISBN-13: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

For All These Rights
For All These Rights

Author: Jennifer Klein

Publisher: Princeton University Press

Published: 2010-01-02

Total Pages: 370

ISBN-13: 1400835666

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The New Deal placed security at the center of American political and economic life by establishing an explicit partnership between the state, economy, and citizens. In America, unlike anywhere else in the world, most people depend overwhelmingly on private health insurance and employee benefits. The astounding rise of this phenomenon from before World War II, however, has been largely overlooked. In this powerful history of the American reliance on employment-based benefits, Jennifer Klein examines the interwoven politics of social provision and labor relations from the 1910s to the 1960s. Through a narrative that connects the commercial life insurance industry, the politics of Social Security, organized labor's quest for economic security, and the evolution of modern health insurance, she shows how the firm-centered welfare system emerged. Moreover, the imperatives of industrial relations, Klein argues, shaped public and private social security. Looking closely at unions and communities, Klein uncovers the wide range of alternative, community-based health plans that had begun to germinate in the 1930s and 1940s but that eventually succumbed to commercial health insurance and pensions. She also illuminates the contests to define "security"--job security, health security, and old age security--following World War II. For All These Rights traces the fate of the New Deal emphasis on social entitlement as the private sector competed with and emulated Roosevelt's Social Security program. Through the story of struggles over health security and old age security, social rights and the welfare state, it traces the fate of New Deal liberalism--as a set of ideas about the state, security, and labor rights--in the 1950s, the 1960s, and beyond.

Private Rights and Public Problems
Private Rights and Public Problems

Author: Keith Eugene Maskus

Publisher: Peterson Institute

Published: 2012

Total Pages: 391

ISBN-13: 0881325074

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Consumers constantly confront intellectual property rights (IPRs) every day, from their morning cup of Starbucks coffee to the Intel chip on their computer at work. Intellectual property rights help protect creative inventions in the form of trademarks, copyrights, and patents. Despite legal protection, many goods--including music and video files--are easily copied or shared, which affects industries, innovators, and customers. In his follow-up to one of the most popular PIIE titles of all time, Keith Maskus looks at the expansion of private legal rights into international trade markets, not only for technological items but also for international public goods like vaccines and prescription drugs. Private Rights and Public Problems assesses IPR issues for users, producers, and innovators and the difficulty of establishing an international policy regime that governs IPRs in all markets. Post-industrial countries have preferential terms for licensing and selling products, in part because they develop more global brands and products. Maskus observes that in these countries the primacy of private property raises contentious international debate between innovation owners in rich countries and followers and users in emerging and poor countries. Maskus explores if increased privacy regulations limit innovation and pose artificial and real barriers, such as decreased information accessibility and increased cost. This book addresses a fundamental issue: should basic scientific and technological knowledge be commoditized? In this guide to the current global impact of IPRs, the author analyzes the economic contribution of IPRs underlying features: innovation and access to international technologies.

Our Rights
Our Rights

Author: David J. Bodenhamer

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 258

ISBN-13: 0195325672

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"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box

Can the European Court of Human Rights Shape European Public Order?
Can the European Court of Human Rights Shape European Public Order?

Author: Kanstantsin Dzehtsiarou

Publisher: Cambridge University Press

Published: 2021-12-02

Total Pages: 251

ISBN-13: 1108752349

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In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

Pocket Guide to the Public Safety Officers Procedural Bill of Rights Act
Pocket Guide to the Public Safety Officers Procedural Bill of Rights Act

Author: Cecil Marr

Publisher:

Published: 2019

Total Pages: 161

ISBN-13: 9781928925811

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Known statewide as the definitive guide to the rights and obligations established by the act covering peace officer discipline. CPER’s Pocket Guide offers a clear explanation of the protections relating to investigations, interrogations, self-incrimination, privacy, polygraph exams, searches, personnel files, administrative appeals, and more. The Guide also includes the text of the act and summaries of all important cases, a table of cases, glossary, and index of terms. -- from publisher.

Rights in Transit
Rights in Transit

Author: Kafui Ablode Attoh

Publisher: University of Georgia Press

Published: 2019

Total Pages: 178

ISBN-13: 082035421X

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Is public transportation a right? Should it be? For those reliant on public transit, the answer is invariably "yes" to both. Indeed, when city officials propose slashing service or raising fares, it is these riders who are often the first to appear at that officials' door demanding their "right" to more service. Rights in Transit starts from the presumption that such riders are justified. For those who lack other means of mobility, transit is a lifeline. It offers access to many of the entitlements we take as essential: food, employment, and democratic public life itself. While accepting transit as a right, this book also suggests that there remains a desperate need to think critically, both about what is meant by a right and about the types of rights at issue when public transportation is threatened. Drawing on a detailed case study of the various struggles that have come to define public transportation in California's East Bay, Rights in Transit offers a direct challenge to contemporary scholarship on transportation equity. Rather than focusing on civil rights alone, Rights in Transit argues for engaging the more radical notion of the right to the city.

Public Interest and Private Rights in Social Media
Public Interest and Private Rights in Social Media

Author: Cornelis Reiman

Publisher: Elsevier

Published: 2012-09-10

Total Pages: 255

ISBN-13: 178063353X

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Social media has an increasing role in the public and private world. This raises socio-political and legal issues in the corporate and academic spheres.Public Interest and Private Rights in Social Media provides insight into the use, impact and future of social media. The contributors provide guidance on social media and society, particularly the use of social media in the corporate sector and academia, the rising influence of social media in public and political opinion making, and the legal implications of social media. The Editor brings together unusual perspectives on the use of social media, both in developed and developing countries.This title consists of twelve chapters, each covering a salient topic, including: social media in the context of global media; the First Amendment and online calls for action; social media and the rule of law; social networks and the self; social media strategy in the public sector; social media in humanitarian work; social media as a tool in business education; social media and the ‘continuum of transparency’; business and social media; making a difference to customer service with social media; social analytics data and platforms; and altruism as a valuable dimension of the digital age. Provides a guide to the key components of corporate and academic use of social media Offers technological and non-technological, legal, and international perspectives Considers socio-political impact and legal issues

Public Rights, Private Relations
Public Rights, Private Relations

Author: Jean Thomas (Law teacher)

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 289

ISBN-13: 0199677735

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Many of the interests protected by public law are regularly violated by powerful private actors. Analyzing the application of public law rights to the private sphere, this book develops a theoretical framework for the application of human and constitutional rights in relations between private parties.