Damages Injunctive Relief And Other Remedies In Tort And Free Speech Cases

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Damages, Injunctive Relief, and Other Remedies in Tort and Free Speech Cases

Author : Russell L. Weaver,Duncan Fairgrieve
Publisher : Cambridge Scholars Publishing
Page : 236 pages
File Size : 51,5 Mb
Release : 2023-11-21
Category : Law
ISBN : 9781527504851

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Damages, Injunctive Relief, and Other Remedies in Tort and Free Speech Cases by Russell L. Weaver,Duncan Fairgrieve Pdf

This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.

Accountability and Corporate Human Rights Violations in Tort and International Law

Author : Emmanuel K. Nartey
Publisher : Cambridge Scholars Publishing
Page : 480 pages
File Size : 53,7 Mb
Release : 2021-10-04
Category : Law
ISBN : 9781527575752

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Accountability and Corporate Human Rights Violations in Tort and International Law by Emmanuel K. Nartey Pdf

This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.

Suing Government

Author : Peter H. Schuck
Publisher : Unknown
Page : 262 pages
File Size : 46,9 Mb
Release : 1984-07
Category : Administrative responsibility
ISBN : 0300032501

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Suing Government by Peter H. Schuck Pdf

Remedies for Breach of Privacy

Author : Jason NE Varuhas,N A Moreham
Publisher : Bloomsbury Publishing
Page : 471 pages
File Size : 43,5 Mb
Release : 2018-10-18
Category : Law
ISBN : 9781509915606

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Remedies for Breach of Privacy by Jason NE Varuhas,N A Moreham Pdf

Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance. Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.

The Law of Remedies

Author : Jeffrey Bruce Berryman,Rick Bigwood
Publisher : Unknown
Page : 784 pages
File Size : 40,9 Mb
Release : 2010
Category : Law
ISBN : 1552211843

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The Law of Remedies by Jeffrey Bruce Berryman,Rick Bigwood Pdf

This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland. Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another's experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.

Legal Perspectives on State Power

Author : Chris Ashford,Alan Reed
Publisher : Cambridge Scholars Publishing
Page : 439 pages
File Size : 52,5 Mb
Release : 2016-12-14
Category : Law
ISBN : 9781443857178

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Legal Perspectives on State Power by Chris Ashford,Alan Reed Pdf

The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.

Obligation, Entitlement and Dispute under the English Poor Laws

Author : Peter Jones,Steven King
Publisher : Cambridge Scholars Publishing
Page : 365 pages
File Size : 43,6 Mb
Release : 2015-11-25
Category : Language Arts & Disciplines
ISBN : 9781443886611

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Obligation, Entitlement and Dispute under the English Poor Laws by Peter Jones,Steven King Pdf

With its focus on poverty and welfare in England between the seventeenth and later nineteenth centuries, this book addresses a range of questions that are often thought of as essentially “modern”: How should the state support those in work but who do not earn enough to get by? How should communities deal with in-migrants and immigrants who might have made only the lightest contribution to the economic and social lives of those communities? What basket of welfare rights ought to be attached to the status of citizen? How might people prove, maintain and pass on a sense of “belonging” to a place? How should and could the poor navigate a welfare system which was essentially discretionary? What agency could the poor have and how did ordinary officials understand their respective duties to the poor and to taxpayers? And how far was the state successful in introducing, monitoring and maintaining a uniform welfare system which matched the intent and letter of the law? This volume takes these core questions as a starting point. Synthesising a rich body of sources ranging from pauper letters through to legal cases in the highest courts in the land, this book offers a re-evaluation of the Old and New Poor Laws. Challenging traditional chronological dichotomies, it evaluates and puts to use new sources, and questions a range of long-standing assumptions about the experience of being poor. In doing so, the compelling voices of the poor move to centre stage and provide a human dimension to debates about rights, obligations and duties under the Old and New Poor Laws.

Crisis, Rupture and Anxiety

Author : Will Jackson,Bob Jeffrey,Mattia Mariano
Publisher : Cambridge Scholars Publishing
Page : 205 pages
File Size : 53,8 Mb
Release : 2011-12-14
Category : Social Science
ISBN : 9781443836166

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Crisis, Rupture and Anxiety by Will Jackson,Bob Jeffrey,Mattia Mariano Pdf

Crisis, Rupture and Anxiety: An Interdisciplinary Examination of Contemporary and Historical Human Challenges brings together a range of original contributions that seek to critically interrogate the concept of 'crisis', a seemingly omnipresent and defining metonym of our times. Both international and interdisciplinary in perspective, the leading doctoral scholars and early-career researchers represented in this volume unsettle hegemonic notions of crisis (and possible remedies) by exploring ...

Law, Politics and Revenue Extraction on Intellectual Property

Author : Toshiaki Iimura,Mei-Hsin Wang,Thomas J. R. Voit,Randall R. Rader
Publisher : Cambridge Scholars Publishing
Page : 240 pages
File Size : 42,6 Mb
Release : 2015-06-18
Category : Law
ISBN : 9781443879262

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Law, Politics and Revenue Extraction on Intellectual Property by Toshiaki Iimura,Mei-Hsin Wang,Thomas J. R. Voit,Randall R. Rader Pdf

This book examines numerous pressing issues on intellectual property rights, such as the updated legal framework on technology transfers in Europe and the US; developments in the unified courts and unitary patent system in Europe; neighboring rights and royalty collection in China; patent securitization; and compulsory licensing. These analyses are complemented by in-depth case studies, and demonstrations of how companies can benefit enormously from an integrated application of all kinds of i ...

What Comes After Occupy?

Author : Todd A. Comer
Publisher : Cambridge Scholars Publishing
Page : 295 pages
File Size : 45,6 Mb
Release : 2015-10-05
Category : Political Science
ISBN : 9781443884464

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What Comes After Occupy? by Todd A. Comer Pdf

Occupy Wall Street, as centered in New York City, received much publicity. Little attention, however, has been granted to the hundreds of Occupy groups in marginal locations whose creative politics were certainly not limited by the influential example of Occupy in Zuccotti Park. This volume rectifies this oversight, with thirteen essays critically addressing the politics of occupation in places such as Indiana, Oregon, Texas, Ohio, Pennsylvania, Montana, and California. It initiates an interdisciplinary and critical discussion concerned with the importance of the ‘local’ to contemporary politics; the evolution of Occupy Wall Street tactics as they changed to fit differing, non-spectacular contexts; and what worked or did not work politically in various contexts. All of the above is designed to inform and improve that as-of-yet-unnamed movement which will come after Occupy. Boasting scholars from sociology, English, anthropology, peace studies, and history, the volume is divided into three major sections: Occupying the Local: Promise and Predicament; Occupying Space and Borders: South, East, and West; and Occupying the Media: Local, Regional, and National Dilemmas.

The Palestinian Constitutional Court

Author : Osayd Awawda
Publisher : Cambridge Scholars Publishing
Page : 340 pages
File Size : 47,9 Mb
Release : 2022-02-06
Category : Law
ISBN : 9781527580176

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The Palestinian Constitutional Court by Osayd Awawda Pdf

This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.

Modern Essays on Nigerian Law

Author : Remigius N Nwabueze
Publisher : Cambridge Scholars Publishing
Page : 242 pages
File Size : 53,6 Mb
Release : 2019-10-08
Category : Law
ISBN : 9781527541207

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Modern Essays on Nigerian Law by Remigius N Nwabueze Pdf

This collection of essays provides critical and in-depth analyses of Nigerian law, with comparisons to the laws of England and Wales, Canada, Australia, the USA and Singapore. It brings together world-class Nigerian legal academics who teach in various and leading law schools across the globe. The contributions represent the entire gamut of Nigerian law, from land law and the Land Use Act, through banking law, to commercial law. They also encompass insights from human rights law and procedures, criminal law, international law and the concept of self-determination, and Internet law and the regulation of electronic commerce. This book will be exceedingly useful to legal practitioners and academics, students and comparatists.

Whose City Is That? Culture, Design, Spectacle and Capital in Istanbul

Author : Dilek Özhan Koçak,Orhan Kemal Koçak
Publisher : Cambridge Scholars Publishing
Page : 335 pages
File Size : 42,7 Mb
Release : 2014-06-26
Category : Social Science
ISBN : 9781443862820

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Whose City Is That? Culture, Design, Spectacle and Capital in Istanbul by Dilek Özhan Koçak,Orhan Kemal Koçak Pdf

Whose City is That? shows that Istanbul is produced not only by strong and systematic efforts, corporate influences and/or marketing activities, but also by individual contributions and coincidences. As such, the primary purpose of this book is to find the answer of to whom Istanbul does belong, presenting the reader with the richness of human experience and the practice of everyday life. The chapters in this book are therefore focused on the physical and economic dimensions, as well as the imaginary, fictional and hyper-real dimensions, expressing the concern of bringing the real and imaginary borders of the city together. The book provides an understanding that for each inhabitant there is another city, another Istanbul. Each person living in the city creates or lives in another city which is made of their own personal and particular experiences. In addition, the Istanbul the authors understand and describe turns into something different moment by moment, which cannot be defined or identified because of its very nature as a megacity. However, its flow is not aimless and non-directional, and each sign is not causeless or dateless. In this context, in order to make the possibilities of the city visible, the contributors to this volume ask: “Istanbul, whose city is it?” The title of the book enables different academics to ask the same question using different methodologies and subjects. The question “Whose City is That?” and the necessity of studying Istanbul using multidisciplinary perspectives brought many researchers from different fields together, because the city is larger than one approach and the constraints of one “unique” field. Gathering researchers and academics from various disciplines, such as communication studies, cultural studies, cinema/media studies, literature, the fine arts, city and regional planning, political science, social and economic geography, anthropology, and architecture enables each to think about the city alone and together, so as to create new forms of thought and discourse about Istanbul.

Good Hygiene Practices and Their Prevention of Biofilms in the Food Industry

Author : Roy Fink
Publisher : Cambridge Scholars Publishing
Page : 167 pages
File Size : 49,7 Mb
Release : 2019-07-12
Category : Science
ISBN : 9781527536777

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Good Hygiene Practices and Their Prevention of Biofilms in the Food Industry by Roy Fink Pdf

This book highlights the importance of hygiene in the food industry with regard to biofilms, which can be found on the contact materials of various food production facilities, including bakery, brewing, seafood processing, and dairy and meat processing. Good hygiene practices in such facilities can prevent microbial niches and harbourage sites, facilitate cleaning and disinfection, maintain or increase product shelf-life, and improve food safety. This book provides essential information on the updated information on biofilm growth conditions, detection methods, and prevention and control strategies.

Contested Tourism Commodities

Author : Konstantinos Tomazos
Publisher : Cambridge Scholars Publishing
Page : 318 pages
File Size : 53,9 Mb
Release : 2020-05-21
Category : Business & Economics
ISBN : 9781527552234

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Contested Tourism Commodities by Konstantinos Tomazos Pdf

This book discusses tourism niches as contested commodities that have grown and become part of the tourist setting in many destinations. Over time, they develop organically, and, in some cases, underground before they explode into the mainstream, and, more often than not, cause controversy. The text traces the roots of different tourism trends, using examples from both industry and existing studies, revealing the importance of understanding their key drivers, dynamics and impacts. It is in managers’ interest to monitor such trends and tourist pursuits as they cross over because they hold the potential to influence new markets, as destinations diversify their tourist offering. This volume explores a number of different tourism niches, including slum tourism, trophy hunting tourism, cosmetic surgery tourism, volunteer tourism, and sex tourism, to name but a few. It shows that the margins between contested commodity and mainstream acceptance are fluid and relative, becoming increasingly blurred. In this environment, it is easy for a seemingly marginal tourist pursuit to cross into the mainstream. What is pivotal in this emerging picture is that, as the understanding of each niche matures into the broader public’s consciousness, and supply grows, it becomes another experience that can be replicated, homogenised and sold. Turning these niches into tourism products requires enough understanding of them to be sold commercially and further segmented to benefit as many stakeholders as possible. In this reality, it is paramount that the tourism industry maintains an open mind and explores the potential of turning new trends into products for tourist consumption.