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The Handbook of Environmental Policy Evaluation

By Pieter Leroy, Ann Crabbé
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Publisher:  Earthscan Publications Ltd.
Number Of Pages:  216
Publication Date:  2008-10
ISBN-10 / ASIN:  1844076180
ISBN-13 / EAN:  9781844076185
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Product Description:
Policy evaluation is an important and well-established part of the policy process, facilitating and feeding back to promote the ongoing effectiveness of policies that have been implemented or anticipating policies in the making. While all policy areas have their own peculiarities, which must be considered, these are often taken into account by standard evaluation methods, which have been honed over many years of testing. Environmental policy, however, is a special case which presents new complexities uncommon to other areas, and which standard evaluation tools are ill equipped to grapple with. It is also an area that is experiencing rapid growth throughout the world and knowledge is now needed at all levels of government and in NGOs, businesses and other organizations, all of whom are required to assess the effectiveness of their policies.

This handbook is the first guide to environmental policy evaluation in practice. Beginning with an introduction to the general principles of evaluation, it then explains the particular complexities native to the environmental sphere. The third section provides a comprehensive toolkit of evaluation methods and techniques, which the practitioner can employ and refer to repeatedly. The fourth section considers design issues which may face the policy evaluator, including involvement of stakeholders, the sensitivities between them, the a priori assessment of the evaluability of a field, the maximization of the utilization of the evaluations' outcomes, and much more. Throughout, the theory is illustrated with practical examples from around the world—all together making this the essential companion guide for anyone tasked with ensuring that environmental policy fulfils its aims and achieves its potential.

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Nolo's Simple Will Book (4th edition) (2001)

by Denis Clifford
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Paperback: 260 pages
Publisher: Nolo.com; 4th edition (March 2001)
Language: English
ISBN-10: 0873377125
ISBN-13: 978-0873377126
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From Library Journal
This book will enable most people to write their wills, valid in any state except Louisiana. Clifford, a lawyer, explains the importance of having a will and discusses relevant considerations such as executors, beneficiaries, treatment of children, and property ownership laws. There is also some coverage of basic estate planning, utilization of lawyers, and requirements for executing a valid will. Throughout, Clifford flags complex situations in which legal advice should be obtained. To some extent this is a workbook, with fill-in-the-blank, perforated pages. If it can be kept intact, it is an excellent source for public libraries. Jack Ray, Loyola/Notre Dame Lib., Baltimore
Copyright 1986 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

Review
... This is quintessential Nolo fare... -- Library Journal

An excellent source of information on wills that even helps people with complex financial affairs prepare for a lawyer. -- The New York Times

Contains very clear instructions for using its forms as well as many filled-in examples as good as any I've seen. -- San Francisco Chronicle

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How to Form a Nonprofit Corporation in California (How to Form a Nonprofit Corporation in California, 9th ed)

by Anthony Mancuso
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Paperback: 359 pages
Publisher: Nolo.com; 9th edition (September 2000)
Language: English
ISBN-10: 0873376137
ISBN-13: 978-0873376136
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Product Description
* community service groups * schools * art studios * dance and music groups * religious organizations and churches * environmental and activist groups

Most organizations trying to gain legal nonprofit status don't have the money to pay a lawyer thousands of dollars for help. Fortunately, they don't have to.

In this definitive guide for anyone who wants to start a nonprofit organization in California, corporation expert Attorney Anthony Mancuso shows you step by step how to form and operate a tax-exempt corporation.

How to Form a Nonprofit Corporation in California includes complete instructions for obtaining federal 501(c)(3) tax-exemption and for qualifying for public charity status with the IRS. It also provides:

* line-by-line instructions for completing your IRS tax exemption application * instructions and completed sample clauses for preparing Articles of Incorporation * ready-to-use bylaws for membership and non-membership nonprofits * ready-to-use minutes for the organizational meeting * state sheets with California's specific nonprofit legal and tax requirements

This 9th edition has been revised to include the most up-to-date tax and legal information, and it includes all the forms for articles, bylaws and minutes, both as tear-outs and on a CD-ROM.

This definitive guide to forming a nonprofit corporation in California is also available in a handy new format: a corporate records binder. Look up The California Nonprofit Corporation Kit for more details.

http://ifile.it/xtlz85k

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Quickie Divorce: Everything You Need to Save Time, Money and Get it Done Fast and Legally

By Linda Connel
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Publisher:  Sphinx Publishing
Number Of Pages:  304
Publication Date:  2007-07-01
ISBN-10 / ASIN:  1572486066
ISBN-13 / EAN:  9781572486065
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Product Description:
A divorce does not have to be a sticky situation. If you and are spouse are in agreement, there are many ways in which, by working together, you can shave months off of getting the divorce finalized. Quickie Divorce shows you what you can accomplish by working together and how everyone benefits.

But there are times when things are a little messier and all you want to do is get out now. Depending on your situation and where you live, with a little ingenuity, you can speed up the process, and Quickie Divorce can show you how.

http://ifile.it/c95miyv/1572486066.rar

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The Law's Two Bodies: Some Evidential Problems in English Legal History (Clarendon Law Lectures)

By J. H. Baker
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Publisher:  Oxford University Press, USA
Number Of Pages:  224
Publication Date:  2001-09-06
ISBN-10 / ASIN:  0199245185
ISBN-13 / EAN:  9780199245185
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Product Description:
The volume examines the informal sources of English Law that lie undiscovered because they are not included in Statutes, law reports, or in current legal teaching. Through his work with primary documents the author shows that this informal source of law is too important to go unnoticed by legal historians and commentators.

http://ifile.it/82l3zn9/0199245185.rar

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Seeking Environmental Justice

By Sarah Wilks
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Publisher:  Rodopi
Number Of Pages:  304
Publication Date:  2008-03-20
ISBN-10 / ASIN:  9042023783
ISBN-13 / EAN:  9789042023789
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Product Description:
The 5th Environmental Justice and Global Citizenship conference was held at Oxford, UK in 2006. This decidedly trans-disciplinary, international event attracted participants from traditionally separate academic perspectives; each ambassadors for their disciplines and each seeking and making connections with other disciplines and other understandings. Some of the presentations from this conference have been further developed for inclusion in this book, yielding 14 chapters of paradigmatic richness covering issues ranging from environmental education and the nature of global multinational corporations, to the role of environmental activism and consideration of how democratically representative some campaigns may be. This book will be of great interest to anyone working in these areas as well as an excellent introductory journey for those seeking to become pan-paradigmatic.

http://ifile.it/qtshafp/9042023783.zip

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Legislative Guide on Insolvency Law

By United Nations
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Publisher:  United Nations Pubns
Number Of Pages:  396
Publication Date:  2005-08-12
ISBN-10 / ASIN:  9211337364
ISBN-13 / EAN:  9789211337365
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http://ifile.it/3k4vbya/268510___9789211337365.zip
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California Tenants' Rights By Myron Moskovitz, Ralph E. Warner, Janet Portman ————————————————————————————————————————— Publisher:  Nolo.com Number Of Pages:  272 Publication Date:  2001-01 ISBN-10 / ASIN:  0873376447 ISBN-13 / EAN:  9780873376440 ————————————————————————————————————————— Product Description: Millions have relied on California Tenants' Rights since 1971! Many tenants have to deal with roommates who don't pull their weight, neighbors who routinely engage in illegal activities, landlords who don't know- or won't follow -- national or state laws and local rent ordinances. With California Tenants' Rights, you'll have what you need to: understand and negotiate a lease inspect a rental before moving in fight discrimination get needed repairs and maintenance deal with a nosy landlord break a lease with minimum fall-out get your security deposit back figure out rules for rent increases fight an eviction The 17th edition is completely updated with the latest laws and official legal forms, and now covers the new bankruptcy rules and how it affects evictions.Summary: Always the best resourceRating: 5These books are always great, full of helpful information and sample letters, etc. If renting, one should always have an updated version of this book on hand. Even if you never have to actually dazzle a landlord with your in depth knowledge acquired from this book, you will be happier just knowing you have the information.Summary: Tenants for the 1st timeRating: 5USeful, practical and if you are a renter, get this and companion landlord handbook. Everything you need to know to protect your rights and know your responsiblilities.Summary: What should a tenant's notice to terminate tenancy look like?Rating: 2Overall the book is good but there is a huge omission that has to be corrected. While there are sample forms in the book there is no sample notice to terminate tenancy. In fact, there is no information at all about what a tenant's notice to terminate should look like. This is an enormous problem and has to be corrected. The Landlord's version of this book is much more complete. It includes a CD with PDF files for printing notices, etc. This Tenant's Rights books needs a CD with forms, including notice, to be included.Summary: The book to have if your landlord is a jerk.Rating: 4If your landlord is a jerk and you want to know what he (or she) can legally do or not do, this book will help. It will also give you some idea of when to go for professional help. It is of less help in figuring out what to do before you have to bring in the lawyers. I found it very helpfull to leave this book on the coffee table when my nosy landlord was snooping around my apartment. Apparently bad landlords don't like it when tenants know their rights.Summary: Yes, Even Tenants Have Rights!Rating: 4Roof leaking? Sure, you can repair the problem and deduct it from your rent, but what if the landlord responds with an eviction notice? There is a lot of bad advice out there. Just because you CAN do something doesn't mean you SHOULD do something. Know your rights! This book will keep you on the right side of the law.

http://ifile.it/a63esov

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Hiring Independent Contractors: The Employers' Legal Guide 3rd edition By Stephen Fishman ————————————————————————————————————————— Paperback: 295 pages Publisher: Nolo.com; 3rd edition (September 1999) Language: English ISBN-10: 0873375769 ISBN-13: 978-0873375764 ————————————————————————————————————————— Product Description Using independent contractors can save you a bundle in payroll taxes, health insurance costs, workers’ compensation premiums and overtime pay. But the rules about who qualifies are complicated, and the IRS and state revenue agencies keep a close eye on businesses that hire independent contractors. Misclassifying a worker can result in serious financial penalties in a state or federal audit. Now for the first time in decades, the IRS has made the rules about hiring independent contractors a lot simpler. New IRS rules make it easier for employers to prove that a worker is an independent contractor; they also allow employers that have misclassified workers to pay reduced assessments and penalties—or avoid them altogether. Hiring Independent Contractors reflects these important IRS changes and shows employers how to: * assess who qualifies as an independent contractor * hire ICs without risking an audit * retain ownership of intellectual property when using ICs * handle an IRS audit * take advantage of the IRS's "Safe Harbor" law All independent contractor agreements are included on disk and as tear-outs.

http://ifile.it/6xn3rv8 http://rapidshare.com/files/198280413/Hiring_Independent_Contractors.pdf

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A Fateful Time: The Background and Legislative History of the Indian Reorganization Act

By Elmer R. Rusco
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Hardcover: 360 pages
Publisher: University of Nevada Press (October 2000)
Language: English
ISBN-10: 0874173450
ISBN-13: 978-0874173451
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Product Description
The Indian Reorganization Act (IRA) of 1934 has been generally acknowledged as the most important statute affecting Native Americans after the General Allotment Act of 1887, and it is probably the most important single statute affecting Native Americans during the two-thirds of a century since its passage. Over half the Native governments in the contemporary U.S. are organized under its provisions or under separate statutes that parallel the IRA in major ways. Although the impact of the IRA has been widely studied and debated, no scholar until now has looked closely at the forces that shaped its creation and passage. Author Elmer Rusco spent over a decade of research in national and regional archives and other repositories to examine the legislative intent of the IRA, including the role of issues like the nature and significance of judge-made Indian law; the allotment policy and its relation to Indian self-government; the nature of Native American governments before the IRA; the views and actions of John Collier, commissioner of Indian Affairs and leader in the campaign to reform the nation's Indian policy; and the influence of relations between the president and Congress during the second year of the New Deal. Rusco also discusses the role of conflicting ideologies and interests in this effort to expand the rights of Native Americans; the general ignorance of Native American concerns and policy on the part of legislators engaged in the writing and passage of the law; and the limited but crucial impact of Indian involvement in the struggle over the IRA.
This is a magisterial study, based on meticulous research and thoughtful analysis, that will stand as a major contribution to the study of Native American life in the twentieth century. Whatever the lasting impact of the IRA, this brilliant study of the "fateful time" leading to its creation will endure as the definitive discussion of the origins of that landmark law.

About the Author
Elmer R. Rusco is Professor Emeritus of History at the University of Nevada, Reno. He is the editor of A Reporter at Large: Dateline: Pyramid Lake, Nevada published by the University of Nevada Press. In 1998, he was honored by the Reno/Sparks chapter of the NAACP with a Lifetime Achievement Award for African American History.

http://ifile.it/7o8uehm

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Criminal Justice Laminated Reference Guide (Quickstudy: Academic)

By Inc. Barcharts
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Publisher: Barcharts
Number Of Pages: 6
Publication Date: 2007-05-16
ISBN-10 / ASIN: 1423203054
ISBN-13 / EAN: 9781423203056
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http://ifile.it/jb5mfks/1423203054.rar
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An Emerging Intellectual Property Paradigm: Perspectives from Canada (Queen Mary Studies in Intellectual Property)

By Ysolde Gendreau
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Publisher: Edward Elgar Pub
Number Of Pages: 318
Publication Date: 2009-01
ISBN-10 / ASIN: 1847205976
ISBN-13 / EAN: 9781847205971
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Product Description:
In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada's intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment.

Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.

Table of Contents 1 The challenge of trademark law in Canada's federal and bijural system Teresa Scassa Scassa, Teresa 3
2 A watershed year for well known or famous marks Robert G. Howell Howell, Robert G. 22
3 Canada's treatment of geographical indications: compliant or defiant? An international perspective Dianne Daley Daley, Dianne 35
4 From Pasteur to Monsanto: approaches to patenting life in Canada Mark Perry Perry, Mark 67
5 Canadian pharmaceutical patent policy: international constraints and domestic priorities Melanie Bourassa Forcier Forcier, Melanie Bourassa Jean-Frederic Morin Morin, Jean-Frederic 81
6 Canadian colonial copyright: the colony strikes back Pierre-Emmanuel Moyse Moyse, Pierre-Emmanuel 107
7 Canadian originality: remarks on a judgment in search of an author Abraham Drassinower Drassinower, Abraham 139
8 Moral rights in Canada: an historical and comparative view Elizabeth Adeney Adeney, Elizabeth 163
9 A uniquely Canadian institution: the Copyright Board of Canada Daniel J. Gervais Gervais, Daniel J. 197
10 Battleground between new and old orders: control conflicts between copyright and personal data protection Margaret Ann Wilkinson Wilkinson, Margaret Ann 227
11 When intellectual property rights converge - tracing the contours and mapping the fault lines 'case by case' and 'law by law' Myra J. Tawfik Tawfik, Myra J. 267
12 Surfacing: the Canadian intellectual property identity Ysolde Gendreau Gendreau, Ysolde 295
Index 311

http://rapidshare.com/files/213544297/1847205976_Emerging_Intellectual.rar

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Property Rights, Consumption and the Market Process (New Horizons in Institutional & Evolutionary Economics Series)

By David Emanuel Andersson
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Publisher:  Edward Elgar Publishing
Number Of Pages:  175
Publication Date:  2008-12-31
ISBN-10 / ASIN:  1847209556
ISBN-13 / EAN:  9781847209559
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Product Description:

"roperty Rights, Consumption and the Market Process" extends property rights theory in new and exciting directions by combining complementary insights from Austrian, institutional and evolutionary economics. Mainstream economics tends to analyze property rights within a static equilibrium framework. In this book David Andersson reformulates property rights theory as an evolutionary theory of the market process.This original work includes many valuable insights and new analysis such as: combining Yoram Barzel's theory of property rights, Ludwig Lachmann's theory of capital, the resource-based view of the firm and the entrepreneurship theories of Frank Knight, Joseph Schumpeter and Israel Kirzner; applying Ronald Inglehart's theory of value change to discontinuities in how imitative behaviour influences consumer choice; a new distributional perspective on the Hayekian knowledge problem; a model of consumer choice that combines lexicographic characteristics and learning processes; a methodological approach that considers the perceived causal and evidential utilities of a theory; and, original empirical material (hedonic price functions and case studies) and new areas of application for important computer simulation results. David Andersson's book will be warmly welcomed by heterodox economists, new institutional economists as well as economists of entrepreneurship studies, regional development and urban planning.

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Secured Transactions Reform And Access To Credit (Elgar Financial Law)

By Frederique Dahan, John Simpson
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Publisher:  Edward Elgar Publishing
Number Of Pages:  283
Publication Date:  2009-01-15
ISBN-10 / ASIN:  1847205984
ISBN-13 / EAN:  9781847205988
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Product Description:
Secured transactions reform, also known as collateral or pledge law reform, is increasingly seen as an important building block for economic development. The commonly held view is that the availability and cost of credit, as well as the efficiency of the market for secured credit, are directly influenced by the laws affecting secured transactions and their implementation. However, there is still a lot of confusion about this relatively obscure and technical area of the law and its role in promoting access to credit and economic growth. This collection of essays gives for the first time a truly comprehensive and cutting-edge view of the subject - from both a legal and economic perspective. It starts at the macro level of financial systems, moving towards the behaviours of lenders (commercial banks and micro-lenders), policy options for government and the mechanisms of collateral law reform.By approaching the subject from different angles and experiences, this work advocates an inclusive approach to the subject where all stakeholders' interests can be taken into account. It addresses the question of what role laws and institutions can play to encourage access to credit. This book will be of primary interest to those involved in economic development and the interaction between law and economics, either for practical reasons (e.g. working on reform or providing advice on investment in transition economies) or for research purposes.

http://rapidshare.com/files/213582047/1847205984_Secured_Transactions.rar

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Basic Documents on International Migration Law

By Plender, R. (ed.)
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Publisher:  BRILL
Number Of Pages:  850
Publication Date:  2006-10-25
ISBN-10 / ASIN:  9004152393
ISBN-13 / EAN:  9789004152397
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Product Description:
Since the publication of the second edition of this outstanding collection there has been a continued and rapid growth in the number international conventions, protocols, declarations and recommendations governing migration; and a transformation of the European Union's the legislation on the subject. The present edition takes account of these developments.
Among the new instruments appearing in this edition are the EU's Minimum Standards Directive, its Responsibility Directive and the Family Union Directive, the European Convention on Nationality, several Conclusions of the Executive Committee of the UNHCR and Protocol No 12 to the European Convention on Human Rights. Account has been taken of the entry into force of certain of the instruments which, at the time of the second edition, remained without legal effect. Chief among these is the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which entered into force on 1 July 2003 and at the end of 2005 had 27 parties. As in the second edition, the first four Parts deal respectively with general multilateral instruments, texts governing nationality and statelessness, general instruments on refugees and Council of Europe Instruments. Parts Five, Six, Seven and Eight, which are substantially composed of new measures, deal with aspects of EU law or policy, replacing the two parts devoted to this subject in the second edition, which in turn replaced a single chapter in the first edition.
This publication is not intended for scholars alone, but also for practitioners in migration law. The texts are of practical significance for those concerned with the administration of the laws affecting migration and for representatives of those affected by these laws. It also serves as a companion to Richard Plender's monograph, International Migration Law.

http://ifile.it/o6paiws/9004152393.zip

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An Emerging Intellectual Property Paradigm: Perspectives from Canada (Queen Mary Studies in Intellectual Property)

By Ysolde Gendreau
————————————————————————————————————————————
Publisher:  Edward Elgar Pub
Number Of Pages:  318
Publication Date:  2009-01
ISBN-10 / ASIN:  1847205976
ISBN-13 / EAN:  9781847205971
————————————————————————————————————————————
Product Description:
In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada's intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment.

Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.

Table of Contents 1 The challenge of trademark law in Canada's federal and bijural system Teresa Scassa Scassa, Teresa 3
2 A watershed year for well known or famous marks Robert G. Howell Howell, Robert G. 22
3 Canada's treatment of geographical indications: compliant or defiant? An international perspective Dianne Daley Daley, Dianne 35
4 From Pasteur to Monsanto: approaches to patenting life in Canada Mark Perry Perry, Mark 67
5 Canadian pharmaceutical patent policy: international constraints and domestic priorities Melanie Bourassa Forcier Forcier, Melanie Bourassa Jean-Frederic Morin Morin, Jean-Frederic 81
6 Canadian colonial copyright: the colony strikes back Pierre-Emmanuel Moyse Moyse, Pierre-Emmanuel 107
7 Canadian originality: remarks on a judgment in search of an author Abraham Drassinower Drassinower, Abraham 139
8 Moral rights in Canada: an historical and comparative view Elizabeth Adeney Adeney, Elizabeth 163
9 A uniquely Canadian institution: the Copyright Board of Canada Daniel J. Gervais Gervais, Daniel J. 197
10 Battleground between new and old orders: control conflicts between copyright and personal data protection Margaret Ann Wilkinson Wilkinson, Margaret Ann 227
11 When intellectual property rights converge - tracing the contours and mapping the fault lines 'case by case' and 'law by law' Myra J. Tawfik Tawfik, Myra J. 267
12 Surfacing: the Canadian intellectual property identity Ysolde Gendreau Gendreau, Ysolde 295
Index 311

http://rapidshare.com/files/213544297/1847205976_Emerging_Intellectual.rar

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A Short History of Distributive Justice

By Samuel Fleischacker
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Publisher:  Harvard University Press
Number Of Pages:  204
Publication Date:  2004-06-15
ISBN-10 / ASIN:  0674013409
ISBN-13 / EAN:  9780674013407
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Product Description:
Samuel Fleischacker argues that guaranteeing welfare to the poor in the name of justice is a modern idea, developed only in the last two centuries.
Earlier notions of justice, including Aristotle's, were concerned with the distribution of political office, not of property. It was only in the eighteenth century, in the work of philosophers such as Adam Smith and Immanuel Kant, that justice began to be applied to the problem of poverty. To attribute a longer pedigree to distributive justice is to fail to distinguish between justice and charity.
Fleischacker explains how confusing these principles has created misconceptions about the historical development of the welfare state. Socialists, for instance, often claim that modern economics obliterated ancient ideals of equality and social justice. Free-market promoters agree but applaud the apparent triumph of skepticism and social-scientific rigor. Both interpretations overlook the gradual changes in thinking that yielded our current assumption that justice calls for everyone, if possible, to be lifted out of poverty. By examining major writings in ancient, medieval, and modern political philosophy, Fleischacker shows how we arrived at the contemporary meaning of distributive justice.

http://ifile.it/uwxi9ny

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The Problematics of Moral and Legal Theory (Belknap)

By The Honorable Richard A. Posner
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Publisher:  Belknap Press
Number Of Pages:  336
Publication Date:  1999-03-01
ISBN-10 / ASIN:  0674707710
ISBN-13 / EAN:  9780674707719
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Product Description:
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification - an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia - the true professionalism foreseen by Holmes a century ago.

http://ifile.it/6o0kh3r

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Law, Pragmatism, and Democracy

By The Honorable Richard A. Posner
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Publisher:  Harvard University Press
Number Of Pages:  416
Publication Date:  2003-03-31
ISBN-10 / ASIN:  0674010817
ISBN-13 / EAN:  9780674010819
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Product Description:
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner's theory steers between political theorists' concept of deliberative democracy on the left and economists' public-choice theory on the right. It makes a significant contribution to the theory of democracy--and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

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Fairness versus Welfare


By Louis Kaplow, Steven Shavell
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Publisher:  Harvard University Press
Number Of Pages:  576
Publication Date:  2002-04-30
ISBN-10 / ASIN:  0674006224
ISBN-13 / EAN:  9780674006225
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Product Description:
By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.

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http://rapidshare.com/files/213706489/0-674-00622-4.zip