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Law of Property Rights Protection, 3rd Edition

Law of Property Rights Protection, 3rd Edition
Author: Laitos
Publisher: Wolters Kluwer
Total Pages: 1254
Release: 2019-12-17
Genre: Law
ISBN: 1543816509

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Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Note: Online subscriptions are for three-month periods. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition, ISBN 9781543802368


Employees’ Intellectual Property Rights

Employees’ Intellectual Property Rights
Author: Sanna Wolk
Publisher: Kluwer Law International B.V.
Total Pages: 872
Release: 2016-04-24
Genre: Law
ISBN: 9041192654

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In today’s knowledge-based global economy, most inventions are made by employed persons through their employers’ research and development activities. However, methods of establishing rights over an employee’s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This comparative law publication describes and analyses employers’ acquisition of employees’ intellectual property rights, first in general and then in depth. This second edition of the book considers thirty-four different jurisdictions worldwide. The book was developed within the framework of the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following: • different approaches in different law systems; • choice of law for contracts; • harmonizing international jurisdiction rules; • conditions for recognition and enforcement of foreign judgments; • employees’ rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis; • employee remuneration right; • parties’ duty to inform; and • instances for disputes. With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.


Law of Property Rights Protection

Law of Property Rights Protection
Author: Jan Laitos
Publisher: Wolters Kluwer Law & Business
Total Pages: 1260
Release: 2023
Genre: Eminent domain
ISBN: 1543879780

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Intellectual Property Law for Engineers and Scientists

Intellectual Property Law for Engineers and Scientists
Author: Howard B. Rockman
Publisher: John Wiley & Sons
Total Pages: 541
Release: 2004-07-26
Genre: Law
ISBN: 0471697397

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An excellent text for clients to read before meeting with attorneys so they'll understand the fundamentals of patent, copyright, trade secret, trademark, mask work, and unfair competition laws. This is not a "do-it-yourself" manual but rather a ready reference tool for inventors or creators that will generate maximum efficiencies in obtaining, preserving and enforcing their intellectual property rights. It explains why they need to secure the services of IPR attorneys. Coverage includes employment contracts, including the ability of engineers to take confidential and secret knowledge to a new job, shop rights and information to help an entrepreneur establish a non-conflicting enterprise when leaving their prior employment. Sample forms of contracts, contract clauses, and points to consider before signing employment agreements are included. Coverage of copyright, software protection, and the Digital Millennium Copyright Act (DMCA) as well as the procedural variances in international intellectual property laws and procedures.


Intellectual Property Law in China

Intellectual Property Law in China
Author: Hong Xue
Publisher:
Total Pages: 0
Release: 2010
Genre: Intellectual property
ISBN: 9789041133823

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The book provides a clear overview of intellectual property legislation and policy, and atthe same time offers practical guidance on which sound preliminary decisions may bebased. Lawyers representing parties with interests in China will welcome this very usefulguide, and academics and researchers will appreciate its value in the study of comparativeintellectual property law.


Law of Property Rights Protection, 2nd Edition

Law of Property Rights Protection, 2nd Edition
Author: Laitos
Publisher: Wolters Kluwer
Total Pages: 1344
Release: 2018-11-14
Genre: Eminent domain
ISBN: 1543802362

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Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522


The Law of Personal Property

The Law of Personal Property
Author: Michael G. Bridge
Publisher:
Total Pages: 0
Release: 2022
Genre: Personal property
ISBN: 9780414098152

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Property Law

Property Law
Author: Jerry L. Anderson
Publisher: Aspen Publishing
Total Pages: 1000
Release: 2024-01-30
Genre: Law
ISBN: 1543856268

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Property Law: Practice, Problems, and Perspectives is a truly contemporary 1L Property text. This book is distinguished by its extraordinarily clear and engaging writing, and by the degree to which the authors make material accessible to students in this foundational course. Anderson and Bogart’s text is a joy to read, for both student and teacher. The authors embrace the task of training lawyers, and as a result, their text regularly asks students to answer questions and solve problems from the perspective of attorneys. The authors delve fully into legal doctrine and address profound policy issues in a direct and understandable manner. The casebook draws upon an outstanding range of case opinions, including those from seminal cases as well as recent and provocative disputes. The text uses a two-color design and includes a wonderful selection of photographic images. Each chapter begins with an introduction that captures themes and issues that run throughout and ends with a bulleted summary of the law. Property Law: Practice, Problems, and Perspectives is NextGen Bar ready. The text covers all of the substantive topics covered on the new bar exam. Moreover, the problems and exercises train students to think of real-world applications of the material, just like the NextGen format. New “Preparing for Practice” exercises develop the skills tested on the NextGen Bar. The book’s unique online simulation resource features practice-ready materials and professionally-produced author-scripted videos that illuminate property law issues and disputes. The text regularly references documents used in practice; these documents are available to students in the simulation. New to the 3rd Edition: NextGen Bar Ready! The authors have carefully curated the substance of the book to ensure that it covers the topics tested on the new bar exam. In addition, the “Preparing for Practice” exercises throughout the book should help develop the practice-oriented thought processes and skills necessary to succeed in the new exam format. Revised and updated case opinions and textual discussion. For example, the section addressing the Fair Housing Act now includes additional discussion of disparate impact litigation after Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. Similarly, the authors updated the chapter devoted to takings law to include the latest cases, such as Cedar Point Nursery. The IP Chapter includes the 2023 Supreme Court decision on trademark protection involving Jack Daniel’s and dog toys. Enjoyable new problems drawn from the most recent reported case opinions. New problems include: the application of the takings clause to taxi licenses in the wake of Uber/Lyft; covenants against short-term rentals like VRBO and AirBnB; easements involving proposed carbon capture pipelines; the application of the Fair Housing Act to eviction based on the use of a service dog in violation of the lease; the use of part performance by a son to enforce a contract breached by his parents. Professors and students will benefit from: A blend of property doctrine and real-world practice. A stimulating, challenging presentation that is also transparent. The book retains the subtlety of the classic texts but comments explicitly on the overlapping elements to ensure that students can see all the connections among legal doctrines. Numerous examples that richly illustrate the introduction of new material. A unique interactive element that teaches students how to read a land survey. The authors present this element during the discussion of the importance of the description of real property in deeds and contracts. This exercise helps students understand the issues presented by the text in case opinions and problems. The transactional perspective adopted by the authors in chapters where that is especially relevant, such as real estate transactions and landlord/tenant law. A unique border along the edge of the text in the chapter on the real property transaction, allowing students to place key concepts and doctrinal material in the context of phases of the transaction. A robust electronic version of the casebook, along with online videos and practice-ready materials. A book that is the ideal text for a four-unit course, but includes ample coverage permitting a professor to construct a five- or six-unit course. Revealing and sometimes startling images, such as a subdivision-marketing poster from San Diego in 1915, reflecting racially-restrictive covenants -- a frightening visual example of pervasive discriminatory housing practices that existed prior to the Fair Housing Act.


Intellectual Property and International Trade: The TRIPS Agreement

Intellectual Property and International Trade: The TRIPS Agreement
Author: Carlos M. Correa
Publisher: Kluwer Law International B.V.
Total Pages: 586
Release: 2016-06-27
Genre: Law
ISBN: 9041166580

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The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.


The Law of Property

The Law of Property
Author: William B. Stoebuck
Publisher: West Academic Publishing
Total Pages: 1156
Release: 2000
Genre: Law
ISBN:

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Reliable source on property laws surveys estates in land-;present, future, and concurrent, comparable interests in personalty, landlord and tenant law, and rights against neighbors and other third persons. Also examines easements and profits, running covenants, governmental controls on land use, land contracts, conveyances, titles, and recording systems. Contains footnote citations to leading court decisions for easy location of primary authority.