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Business in the Contemporary Legal Environment is a well-written, comprehensive coursebook providing complete coverage of the areas typically included in a one-semester legal environment course. The authors explain various areas of the law in plain English, with an emphasis on the implications and applications of these areas in a business setting. A combination of classic and contemporary cases clearly illustrates how the law is applied. In addition, helpful discussion questions and You Decide questions at the end of each chapter teach students how to identify and analyze legal issues that are frequently encountered in business. Thoughtful pedagogy and well-designed exhibits throughout the book help make the concepts easier to understand. New to the Fourth Edition: New Contemporary cases are included throughout the book, focusing on current and timely issues. Coverage dedicated to diversity and inclusion thoughtfully integrated into the text. Several chapters discuss technology issues including protecting employee passwords (Chapters 12 and 20); punishing computer crimes (Chapter 13); and protecting technology (Chapters 8 and 20). Students are asked to consider the impact of artificial intelligence (AI) in several chapters. Part III on Contracts streamlined to make the content even more accessible and teachable. Professors and students will benefit from: Student-friendly introduction to those legal topics most relevant to businesspeople. Effective use of cases. Every chapter begins with a Classic Case, a case from the past that helped to set the precedents for the material covered in the chapter. The authors then conclude each chapter with a Contemporary Case, a recent decision that shows a current application of one of the principles discussed in the chapter. The authors wrote the facts, issues, and holdings, and excerpted the reasons from the court opinion to make the cases more manageable. An Ounce of Prevention strategy boxes discuss situations that frequently occur in a business environment and strategies for handling those situations in a manner that will reduce potential legal problems. You Decide questions, based on current issues in the news, engage students with high-interest and relevant topics. Good balance between court cases and author-written text. Exercises and examples that help students to identify and analyze legal issues that are frequently encountered in business. Helpful exhibits that summarize concepts but don't overwhelm the text. Thoughtful, classroom-tested text written by an experienced author team. Helpful glossary of legal terms
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.