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As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. Rabin, Kwall, Kwall, and Arnold's Fundamentals of Modern Property Law tracks contemporary trends in property law with particular attention to emerging issues of environmental sustainability. The problem-based structure of the casebook comports with the student learning outcomes and assessment approach emphasized in recent years by the American Bar Association and the Carnegie Endowment Report. This edition provides a comprehensive introduction to intellectual property law. The novel legal problems raised by advances in technology demand that students receive early exposure to this area of law. This edition also emphasizes a planning perspective since lawyers spend a significant amount of time planning, as well as resolving controversies.
The sixth edition tracks contemporary trends in property law with particular attention to emerging issues of environmental sustainability. The sixth edition continues to use the problem method because lawyers attempt to solve specific problems. The problem-based structure of the casebook comports with the student learning outcomes and assessment approach emphasized in recent years by the American Bar Association and the Carnegie Endowment report. The sixth edition also provides a comprehensive introduction to Intellectual Property law. The novel legal problems raised by advances in technology demand that students receive early exposure to this area of law. This edition also emphasizes a planning perspective. The first-year of law school tends to focus on controversies and may mislead students into thinking that lawyers spend all their time resolving controversies when most lawyers devote substantial time to planning.
An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.
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This introductory text explores the origins, sources, function, and values of the exciting world of Intellectual Property (IP). Topics covered include copyright, trademark, patent, trade secret, domain names, and geographical indication, with primary attention given to IP law in the United States and ample coverage of key international laws. The history, development, and modern language is presented in an easy-to-absorb modular format. This book is designed as a text for classroom use.Text Outcomes: Paralegal and Legal Studies students using this text should be able to: 1. Identify and describe the basic types of protectable IP rights in the United States; 2. Differentiate between the different forms of IP and the specific common law and statutory rights secured under both United States and, to a more limited degree, foreign law; 3. Identify the limits of IP rights by duration and statutory interpretation of language like the ''fair use'' doctrine for copyrights, and constitutional boundaries under the First Amendment; 4. Understand the basic research process used to discover or locate existing protectable interest in IP in the United States; 5. Understand the basic application processes used in the United States to register certain types of IP in order to obtain greater protection, and be familiar with the scope of that greater protection; 6. Demonstrate a basic familiarity with some common government websites and online research tools used in IP legal practice; 7. Articulate causes of action to protect IP rights, and understand the common defenses to claims of infringement or unfair competition; 8. Understand the various remedies available to address IP infringement or unfair competition in the United States, including civil and criminal proceedings and monetary and non-monetary remedies; 9. Discuss the public policy and societal value considerations behind modern IP rights and their limits.
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.
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.