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Mark Tushnet presents the story of the NAACP's legal campaign against segregated schools as a case study in public interest law, which in fact began in the United States with that very campaign.
Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm’s business and economic agendas.
In Legal Strategy, well-known professor, Paul J. Zwier focuses on pre-litigation, transactional, and negotiation processes, and describes each in a way that brings together the basics of each discipline. Zwier describes how, once a lawyer determines the end goal the client desires, the lawyer must explore the facts and procedural alternatives most likely to get there. By getting lawyers to focus in a continual exercise of deliberating on what matters most, Zwier sets forth three steps in legal strategy: fact investigation, client counseling, and implementations of the client's decision.
Create and capture value, no matter what path you've chosen. How to Create Joint Value Alliances, partnerships, acquisitions, mergers, and joint ventures are no longer the exception in most businesses—they are part of the core strategy. As managers look to external partners for resources and capabilities, they need a practical roadmap to ensure that these relationships will create value for their firm. They must answer questions like these: Which business combinations do we need? How should we govern them? Will their results justify our investments? Benjamin Gomes-Casseres explains how companies create value by “remixing” resources with other companies. Based on decades of consulting and academic research, Remix Strategy shows how three laws shape the success of any business combination: • First Law: The combination must have the potential to create more value than the parties could create on their own. Which elements from each business need to be combined to create joint value? • Second Law: The combination must be designed and managed to realize the joint value. Which partners best fit our strategic goals? How should we manage the integration? • Third Law: The value earned by the parties must motivate them to contribute to the collaboration. How will we share the joint value created? Will the returns shift over time? Supported by examples from a wide range of industries and companies, and filled with practical tools for applying the three laws, this book helps managers design and lead a coherent strategy for creating joint value with outside partners.
Many applicants use the Patent Cooperation Treaty (PCT) system as a first step to obtain patent protection for their inventions in a large number of countries. This practice-oriented book on the PCT – the only such book available – provides expert guidance on how to carry out the treaty’s procedures, from filing a single international patent application to starting prosecution before a plurality of national Offices. Building from an authoritative overview of the PCT’s sources and how they link to form the legal basis for a complete procedure, the contributors elucidate such invaluable practical details as the following: complete details on filing under the PCT, including the means of filing, fee payments, and priority, both in general and in specific national patent Offices; strategy points for making decisions on options in procedures and for drawing attention to important issues; citations from the Practical Advices published by the World Intellectual Property Organization (WIPO); differences between several regional and national Offices, such as the EPO and the USPTO; extensive treatment of remedies available in each procedure; guidance through the PCT – Patent Prosecution Highway (PCT-PPH); and extensive linking to international and national resources for the PCT. The authors include legal experts from WIPO and the European Patent Office (EPO), as well as well-known patent law practitioners. With its wealth of guidance ranging from a broad introduction to specific details of procedural strategy, this book will be of immeasurable value in the day-to-day practice of patent attorneys, corporate counsel, and paralegals worldwide. It will be of great use to candidates preparing for exams where a profound knowledge of the PCT is required.
This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. The casebook begins with discussions of who to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues. The Third Edition includes new material on pharmaceutical litigation under the Hatch-Waxman Act and the most developments in the law of invalidity and infringement. The book next addresses issues surrounding remedies, including injunctive relief (with a discussion of the Supreme Court's eBay decision), contempt proceedings, and damages. Also included are post-trial matters including jury instructions, special verdict forms, the preclusive effect of final judgments, judgment as a matter of law, and new trial motions. Finally, the book covers the appeal process and reexamination and reissue proceedings.
About the publication This book focuses on the strategies that activists for LGBTIQ+ equality in Africa deploy to challenge deep seated homophobia and transphobia, as well as the politicisation of LGBTIQ+ issues. It is a peer-reviewed, edited volume with scholarly contributions from lawyers, anthropologists, and LGBTIQ+ activists. It covers different country situations – those where equality is taking root, as the case is in South Africa, Botswana and Mozambique; those where homophobia reigns and LGBTIQ+ rights are politicised such as, Ghana, Kenya, Malawi, Nigeria, Senegal, Uganda, and Zambia; and those where traditional LGBTIQ+ activism is almost a nonstarter, such as in Ethiopia, Sudan and The Gambia. Table of Contents Acknowledgments Acronyms and abbreviations Introduction Queer lawfare in Africa: Introduction and theoretical framework Siri Gloppen, Adrian Jjuuko, Frans Viljoen & Alan Msosa PART I: LAWFARE IN THE CONTEXT OF LIBERALISATION AND PROTECTION OF THE SEXUAL RIGHTS OF LGBT PEOPLE IN AFRICA Chapter 1 War by other means: The law and politics of sexual minority freedom in post-apartheid South Africa Jaco Barnard-Naudé & Pierre de Vos Chapter 2 Progressive legislation in the context of generalised conservative public opinion: The case of LGBT rights in Mozambique Carmeliza Rosário & Camila Gianella Chapter 3 Queer lawfare in Botswana Monica Tabengwa & Anthony Oluoch PART II: LAWFARE IN THE CONTEXT OF ACTIVE POLITICISATION Chapter 4 Queer lawfare in Kenya: Shifting opportunities for rights realisation Nicholas Wasonga Orago, Siri Gloppen & Matthew Gichohi Chapter 5 Court focused lawfare over LGBT rights: The case of Uganda Adrian Jjuuko & Stella Nyanzi Chapter 6 LGBT+ rights lawfare in Malawi Alan Msosa & Chrispine Gwalawala Sibande Chapter 7 Against ‘the order of nature’: Towards the growth of queer lawfare in Nigeria Ayodele Sogunro PART III: LAWFARE IN THE CONTEXT OF RELIGIOUS AND CULTURAL NATIONALISM Chapter 8 LGBT lawfare in response to heterosexual nationalism and the retention of the anti-sodomy laws in Zambia Landilani Banda Chapter 9 LGBTQI+ lawfare in response to the politicisation of homosexuality in Ghana Ernest Yaw Ako & Amanda Odoi Chapter 10 Senegal: Mobilising for gay rights in the shadow of HIV/AIDS Vegard Vibe Chapter 11 From a ‘crusade to root out homosexuality like malaria’ to a ‘non-issue’: The absence of sexual minority lawfare in The Gambia Satang Nabaneh Chapter 12 Digital lawfare and activism by lesbian, gay and bisexual persons in Ethiopia Getnet Tadele & Woldekidan Amde Chapter 13 Activism from the closet: Fear of a double backlash against a nascent queer movement in Sudan Liv Tønnessen, Samia al-Nagar & Samah Khalaf Allah Conclusion The kaleidoscope of queer lawfare in Africa Adrian Jjuuko, Frans Viljoen, Siri Gloppen & Alan Msosa
1. Law firms as a response to the environment 2. The theory of the law firm 3. Law firms as business organisations 4. Law firms as client-driven organisations 5. Law firms as social organisations 6. Law firms as economic organisations 7. Ownership of law firms 8. The way ahead
Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. The authors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss the specific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficult negotiations.