Hamilton and the Law

2020 ◽  
Keyword(s):  
Domestic Violence ◽  
Intellectual Property ◽  
Family Law ◽  
Alexander Hamilton ◽  
Constitutional Convention ◽  
Founding Fathers ◽  
The Public ◽  
American Experience ◽  
Second Amendment ◽  
The Law

Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. This book offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.

24. Intellectual Property

Business Law ◽  
2018 ◽  
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Intellectual Property ◽  
Employment Status ◽  
Brand Name ◽  
Passing Off ◽  
The Public ◽  
Appearance Design ◽  
The Law ◽  
Music Recordings ◽  
Intellectual Creativity

The final chapter in the book examines matters relating to the intellectual property created and/or owned by a business. Given the value of the outputs from the intellectual creativity of persons (software programs, books, music recordings etc.), this chapter outlines the rights available to protect them and the consequences for infringement. It first identifies the law surrounding creative ideas and work (copyright) before a product’s appearance (design rights) is considered. The chapter continues by assessing the protection of a brand name and image (trademarks) and finishes the substantive issues through examination of inventive ideas and works (patents). Confusion of the public through the unlawful use of an existing business’ name or product can result in the tortious liability of ‘passing-off.’ The chapter concludes with an assessment of the intellectual property produced by employees and the consequences of employment status for the rights to exploit the property.

scholarly journals Navigating the Family Law Provisions: Migrant Women’s Voices

2021 ◽  
Vol 10 (4) ◽  
pp. 131-145
Author(s):  
Ana Borges Jelinic
Keyword(s):  
Domestic Violence ◽  
Cultural Differences ◽  
Family Law ◽  
Migrant Women ◽  
Women's Voices ◽  
The Family ◽  
The Law ◽  
Permanent Residency ◽  
Set Up ◽  
Legal Immigration

This article considers the voices of migrant women engaging with Home Affairs to guarantee permanent residency (PR) in Australia after experiencing domestic violence. Data collected from longitudinal interviews with 20 participants were considered, with two participants’ stories analysed in detail. The research indicates how the legal immigration system is set up in a way that does not listen to women and disadvantages them. Particular issues pointed out include extended timelines, lack of concern for cultural differences and inconsistencies in the process, and how they affect women undermining the goal of the law, which is to protect migrants from sponsors’ violence.

scholarly journals Weighing intellectual property: Can we balance the social costs and benefits of patenting?

2018 ◽  
Vol 57 (1) ◽  
pp. 140-163
Author(s):  
Mario Biagioli
Keyword(s):  
Intellectual Property ◽  
Social Costs ◽  
Costs And Benefits ◽  
Ip Protection ◽  
The Public ◽  
Clear Sense ◽  
The Social ◽  
The Law ◽  
Social Costs And Benefits ◽  
Ip Law

The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked to justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful.

scholarly journals Results of an empirical study on the effectiveness of urgent measures in the Republic of Serbia

2021 ◽  
Vol 63 (1) ◽  
pp. 19-43
Author(s):  
Aleksandar Bošković ◽  
Tanja Kesić
Keyword(s):  
Domestic Violence ◽  
Public Prosecutor ◽  
Preventive Action ◽  
Criminal Proceedings ◽  
The Public ◽  
Individual Number ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
The Individual

Contemporary legislation, not only criminal and criminal proceedings law, has entered a new stage, that is currently underway and that is reflected in significant reforms and new legislation, as well as seeking new solutions to increase efficiency in preventing and combating domestic violence. The Republic of Serbia embarked on this path by adopting the Law on Prevention of Domestic Violence, which should primarily intensify the preventive action of the competent state bodies in cases of domestic violence. The Law on Prevention of Domestic Violence started to be applied on June 1, 2017 and given the fact that it has been applied for the past three years, it is necessary to carry out an adequate analysis and to evaluate whether it has increased efficiency when it comes to combating domestic violence. In this regard, the subject of this paper is primarily the analysis of the practical application of urgent measures provided by the Law imposed by the police, the public prosecutor and the court. This research will cover a period of two years of applying of the law, i.e. the period from June 1, 2017 to May 31, 2019. During the research, the statistical method was used along with the methods of analysis, deduction, comparison and description. The paper will analyse: both the total and the individual number of urgent measures imposed by the police; territorial distribution of the imposed urgent measures on the territory of the Republic of Serbia; imposing of extended urgent measures by the court, and a significant aspect of this research will be dedicated to the issue of violations of the imposed urgent measures.

The Founding Fathers: A Reform Caucus in Action

1961 ◽  
Vol 55 (4) ◽  
pp. 799-816 ◽  
Author(s):  
John P. Roche
Keyword(s):  
Economic Development ◽  
New Brunswick ◽  
Political Theory ◽  
American Revolution ◽  
Implicit Assumption ◽  
Alexander Hamilton ◽  
James Madison ◽  
Constitutional Convention ◽  
Founding Fathers ◽  
Democratic Revolution

Over the last century and a half, the work of the Constitutional Convention and the motives of the Founding Fathers have been analyzed under a number of different ideological auspices. To one generation of historians, the hand of God was moving in the assembly; under a later dispensation, the dialectic (at various levels of philosophical sophistication) replaced the Deity: “relationships of production” moved into the niche previously reserved for Love of Country. Thus in counterpoint to the Zeitgeist, the Framers have undergone miraculous metamorphoses: at one time acclaimed as liberals and bold social engineers, today they appear in the guise of sound Burkean conservatives, men who in our time would subscribe to Fortune, look to Walter Lippmann for political theory, and chuckle patronizingly at the antics of Barry Goldwater. The implicit assumption is that if James Madison were among us, he would be President of the Ford Foundation, while Alexander Hamilton would chair the Committee for Economic Development.The “Fathers” have thus been admitted to our best circles; the revolutionary ferocity which confiscated all Tory property in reach and populated New Brunswick with outlaws has been converted by the “Miltown School” of American historians into a benign dedication to “consensus” and “prescriptive rights.” The Daughters of the American Revolution have, through the ministrations of Professors Boorstin, Hartz, and Rossiter, at last found ancestors worthy of their descendants. It is not my purpose here to argue that the “Fathers” were, in fact, radical revolutionaries; that proposition has been brilliantly demonstrated by Robert R. Palmer in his Age of the Democratic Revolution.

scholarly journals LEGAL AND PSYCHOLOGICAL ASPECTS OF DOMESTIC VIOLENCE

2018 ◽  
Vol 64 ◽  
Author(s):  
O.I. Zinsu
Keyword(s):  
Domestic Violence ◽  
Depressive Disorders ◽  
Psychological Aspects ◽  
Scientific Article ◽  
Focused Attention ◽  
Psychological Violence ◽  
The Public ◽  
The Law

The scientific article is devoted to the coverage of certain aspects of psychological violence as a form of domestic violence and as a form of unlawful behavior of a person. The said basic legal acts concerning counteraction and prevention of domestic violence in Ukraine. Focused attention is paid to the consequences of psychological domestic violence in the form of depressive disorders. Attention is drawn to the program for the victim and the program of the offender, which are reflected in the Law of Ukraine "On Prevention and Combating Domestic Violence". The list of persons covered by the legislation on prevention and counteraction to domestic violence, regardless of the fact of joint residence, is indicated. Depressive disorders are described as consequences of psychological domestic violence. The role of the public and state structures in the implementation of legislation on the prevention and counteraction of domestic psychological violence is outlined.

scholarly journals LIMITED TURNOVER OF ECONOMIC INTELLECTUAL PROPERTY RIGHTS IN THE FIELD OF NATIONAL SUCURITY AND DEFENSE

2020 ◽  
Author(s):  
Олена Тверезенко
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
The State ◽  
Economic Rights ◽  
Defense Procurement ◽  
The Public ◽  
The Law ◽  
State Defense

During the execution of the state defense order (hereinafter — SDO) may be created objects of intellectual property rights (hereinafter — OIPR), namely: inventions, utility models, industrial designs and topographies of semiconductor products, as well as objects of copyright in the form of computer programs, databases, engineering, technological and software documentation, etc.The Law of Ukraine «On the State Defense Order», adopted in 1999, in no way regulates the legal relationship regarding the creation of OIPR, their use and disposal of economic intellectual property rights to such objects during the SDO. Economic rights to IPR are types of objects of civil rights. Based on the provisions of Art. 178 of the Civil Code of Ukraine objects of civil law are divided into 3 groups depending on degree of their turnover:1) objects that can be freely transferred to another person;2) objects with limited turnover (may belong only to certain participants in the turnover or whose stay in the civil turnover is allowed by special permission);3) objects withdrawn from civil circulation (which are not allowed in civil circulation).Economic rights to certain OIPR are restricted in civil circulation (for example, to a trade name) or withdrawn from civil circulation (for example, to a geographical indication).In addition, the exercise of intellectual property rights may be restricted in certain areas in order to protect the public interest. Such public interest consists, among other things, of the protection of the state interests during the introduction into civil circulation of property rights to OIPR, created during the execution of SDO.Taking into account the provisions of Article 17 of the Law of Ukraine «On Science Parks», we propose to establish an imperative provision in this Law and the draft Law of Ukraine «On Defense Procurement» (Reg. № 2398-d of November 27, 2019). Such changes should stipulate that economic rights to OIPR created during defense procurement are limited in civil turnover. The exercise of rights to such OIPR is possibleonly with the consent of the state customer in the field of defense.Restriction of civil turnover of economic intellectual property rights to these objects should be aimed not only at eliminating the possibility of transferring (assigning) economic rights to such objects, but should also implement other options for their introduction into civil circulation, including the right to use OIPR or to transfer economic rights to the specified OIPR into pledge. In order to improve the legal regulationof these legal relations, it is necessary to amend the legislation of Ukraine in the field of pledge. Peculiarities of securities of intellectual property rights should be enshrined in a separate section of the Law of Ukraine «On Pledge». Such changes should include, inter alia, the obligation to negotiate agreements on pledge of economic rights to OIPR, created during the implementation of the SDO with the public customer. Relevant provisions should be enshrined in the draft Law of Ukraine «On Defense Procurement». The improvement of the legislation studied in the article will contribute to a systematic solving of the issue of establishing the conditions for the execution of economicrights to OIPR, created as a result of SDO, namely the need for such approval of the state customer, that will ensure public interests in the field of national security and defense of Ukraine by the provision of control over the civil turnover of such objects. 

24. Intellectual Property and Data Protection

Business Law ◽  
2020 ◽  
pp. 647-682
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Intellectual Property ◽  
Data Protection ◽  
Brand Name ◽  
Passing Off ◽  
The Public ◽  
Appearance Design ◽  
The Law ◽  
Music Recordings ◽  
Intellectual Creativity

The final chapter in the book examines matters relating to the intellectual property created and/or owned by a business and their responsibilities for the data they access and/or produce. Given the value of the outputs from the intellectual creativity of persons (software programs, books, music recordings etc.), this chapter outlines the rights available to protect them and the consequences for infringement. It first identifies the law surrounding creative ideas and work (copyright) before a product’s appearance (design rights) is considered. The chapter continues by assessing the protection of a brand name and image (trademarks) and finishes the substantive issues through examination of inventive ideas and works (patents). Confusion of the public through the unlawful use of an existing business’ name or product can result in the tortious liability of ‘passing-off’. Intellectual property is produced by employees and the consequences of employment status for the rights to exploit the property must be effectively managed. The chapter concludes with an assessment of developments in data protection—the GDPR, Data Protection Act, and the tactics available to businesses to avoid transgression of the law.

THE PROBLEM OF DOMESTIC VIOLENCE IN THE CONTEXT OF ARTICLES 116 AND 116.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
pp. 36-41
Author(s):  
K. K. Novikova ◽  
◽  
D. D. Khmelnitskaya ◽  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Public ◽  
The World Bank ◽  
The Family ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of

Currently, the problem of domestic violence is quite urgent due to the annually increasing number of victims. Besides the increased attention from the legislation to this issue, the public itself is anxious about the existing situation: victims of domestic violence are treated disrespectfully as they either excessively draw attention to the situation that has arisen, or they are blamed for a late appeal to the law enforcement authorities. The paper defines the concept of domestic violence, specifies character traits of a person committing domestic violence as well as of a potential victim. Based on the analysis of litigation practice, the authors conclude on the absence of a unified approach to the definition of crime and the existence of gaps when punishing the third episode of a committed socially dangerous act. The analysis of data of the World Bank annual research “Women, Business and the Law” and the RF Ministry of Internal Affairs on domestic violence in the Russian Federation confirmed the existence of an acute problem, which remains unsolved on the legislative level for the rather long period. Within the current research, the authors propose introducing a new domestic violence body of evidence to the RF Criminal Code, whereby domestic violence should be considered willful damage for the life and health of a person being in the family, personal, or household relations. Specified innovations will allow significantly facilitating the work of law enforcement authorities and courts when classifying the acts and imposing a just punishment through the introduction of classified types of domestic violence when implementing the protection of rights of victims.

scholarly journals Public prosecutor as the agency of protection of domestic violence victims in the legal system of Serbia

Temida ◽  
2018 ◽  
Vol 21 (2) ◽  
pp. 293-313
Author(s):  
Gorjana Mircic-Calukovic ◽  
Emir Corovic
Keyword(s):  
Domestic Violence ◽  
Legal System ◽  
Family Law ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Domestic Violence Victims ◽  
Legal Texts ◽  
The Republic

This paper examines the role of a public prosecutor in the protection of domestic violence victims in the legal system of the Republic of Serbia. Prior to the analysis of relevant provisions of the laws referring to the authority and competences of the public prosecutor in relation to the protection of domestic violence victims, the term ?victim? in the legal system of Serbia is defined. The term ?victim? is commonly used in the legal texts, but it is not defined; thus, it is necessary to specify certain aspects of this term. In the analysis of certain legal provisions, the focus is on some of the most significant criminal, misdemeanor and family law institutes, as well as on the provisions of the Law on the Prevention of Domestic Violence, which could affect the role of the public prosecutor in prevention of domestic violence and protection of its victims. In the final part the authors propose certain solutions which should enhance implementation of existing mechanisms available to the public prosecutor in practice, which could contribute to better protection of domestic violence victims.

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