Chapter 5 Sources of American Law Chapter Outline 1. Introduction 2
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Industrial Property
ANNUAL SURVEY OF CANADIAN LAW INDUSTRIAL PROPERTY William L. Hayhurst, Q.C. * I. INTRODUCTION ....................................... 394 II. RECENT LEGISLATION ................................. 395 III. PROPOSED LEGISLATION ................................ 398 IV . PATENTS ............................................ 399 A. Matters in Which the Patent Office has OriginalJurisdiction ............................... 399 1. Conflicts ...................................... 399 2. Compulsory Licences ............................ 400 3. Subject Matter Capable of Being Patented .......... 401 (a) Printed M atter .............................. 402 (b) Gam es ..................................... 402 (c) Mental Processes and Computer Programs ...... 402 (d) Living M atter ............................... 405 (e) Medical Treatment of Animals and Humans ...... 407 (f) Medical Inventions .......................... 408 (g) The Progeny of Sandoz v. Gilcross ............. 410 (h) Aggregations and Exhausted Combinations ...... 412 (i) Synergism .............................. 412 (ii) M ixtures ............................... 412 (iii) The Aggregative or Unnecessary Addition ... 413 4. D ivision ....................................... 4 15 5. R eissue ....................................... 4 16 6. D isclaimer .................................... 417 B. Substantive Matters in the Courts .................... 418 1. Intervening Rights .............................. 418 2. Personal Liability of Persons in Control of CorporateInfringers ......................... -
Labor and Employment Law Paralegal
LABOR AND EMPLOYMENT LAW PARALEGAL 2007 Revision and update drafted by Kimberly Browning, Holland & Hart, LLP. 2007 review by Brian Mumaugh, Esq., of Holland & Hart, LLP. Originally drafted by Kathy Sercel and David Steadmon. Originally reviewed by Daniel Satriana, Jr., Esq., of Hall & Evans, LLC and Glenn D. Chadwick, Esq., of Beattie & Chadwick. ALL OF THE BELOW DUTIES ARE ASSUMED TO, AND MUST BE, UNDER THE DIRECTION AND SUPERVISION OF A LICENSED ATTORNEY. Labor and Employment is a unique area of law that encompasses many different specialties and sub-specialties. A paralegal must have extensive knowledge of the state and federal rules of civil procedures, along with knowing the practice procedures of the various federal, state and other related governmental agencies, in order to assist a Labor and Employment lawyer. The following material provides a general guideline of a paralegal’s duties within the context of this specialty. A. EMPLOYMENT LITIGATION 1. ERISA (Employee Retirement Income Security Act): a. Conduct the initial review of the employees claim file. b. Create detailed claim file summaries. c. Assist attorney during settlement, mediation, arbitration and trial. d. Draft settlement agreements. 2. EEOC (Equal Employment Opportunity Commission) and CCRD (Colorado Civil Rights Division): a. Investigate discrimination claims under federal or state statutes. b. Assist attorney during trial, arbitration, grievance hearings, and other formal proceedings for grievance and/or discharge. c. Assist employers with drafting of proposed policies and procedures which comply with related state, federal, local or agency employment practice regulations. 3. National Relations Labor Board (NLRB)/Union Activity: a. Assist employers with personnel policies and practices to avoid unionization. -
Corporate Governance
CCCorporateCorporate Governance Carsten Burhop Universität zu KKölnölnölnöln Marc Deloof University of Antwerp 1. General introduction Since the late 1990s, a series of papers published in leading economics and finance journals contain evidence for a significant impact of institutions on financial and economic development (e.g., Acemoglu et al., 2001, 2005; La Porta, Lopez-de-Silanes, Shleifer, and Vishny – LLSV henceforth – 1997, 1998, 2000; La Porta, Lopez-de-Silanes, Shleifer – LLS henceforth – 1999, 2008). According to this literature, high-quality institutions cause financial development. In turn, financial development is a driving force behind economic growth. The historical legacy seems to play an important role in the relationship between the financial development of countries, their current institutions and their past institutions. Indeed, prominent contributions demonstrate a strong positive correlation between legal origins (common law is considered to be better than civil law) and three further elements: first, current indices of the rule of law (Acemoglu et al., 2001; Beck et al., 2003); second, financial development (LLSV 1997, 1998; Beck et al, 2003); and third, the dispersion of share ownership and the separation of ownership and control (LLS 1999). In general, shareholders are supposed to have the strongest protection in common-law countries, followed by German-style civil- law countries. Shareholder protection is the weakest in French style civil law countries. In contrast, secured creditors are supposed to be best protected in the German legal system. Consequently, common-law countries have relatively high numbers of listed firms and of initial public offerings and a relatively high ratio of stock market capitalisation to GDP. -
Handout Book Template.Pub
2019 Masters-In-Equity Bench Bar 19-41 Friday, October 11, 2019 presented by The South Carolina Bar Continuing Legal Education Division http://www.scbar.org/CLE SC Supreme Court Commission on CLE Course No. 196251 2019 Masters-In-Equity Bench Bar DATE This program qualifies for 6.0 MCLE, 1.0 LEPR, 1.0 SA/MH, 2.0 BKY SC Supreme Commission on CLE Course # 196251 8:30 a.m. Registration 8:55 a.m. Welcome and Opening Remarks Hon. Joseph K. Coffey Coffey & McKenzie, PA 9:00 a.m. Emotional Intelligence for Lawyers and Judges Henry L. Deneen Murphy & Grantland, PA 10:00 a.m. The ABA and Cybersecurity Ethics for Lawyers Jamie Khan McCullough Khan, LLC Richard J. Krenmayer Stasmayer Inc. 11:00 a.m. Break 11:15 a.m. Equity Principles Stephen A. Spitz Stevens & Lee 12:15 p.m. Lunch (on your own) 1:30 p.m. Resistible Force Meets Immovable Object: How Your Findings of Fact and Conclusions of Law Fare on Appeal Hon. George “Buck” James, Jr. S.C. Supreme Court 2:30 p.m. Break 2:45 p.m. Pinckney Act W.T. Geddings, Jr. Geddings Law Firm 3:45 p.m. Orders of Reference and Surplus Funds and Bankruptcy, Oh My! Reginald P. Corley Scott & Corley, PA Hon. John E. Waites U.S. Bankruptcy Court 4:45 p.m. Adjourn Masters‐In‐Equity Bench Bar SPEAKER BIOGRAPHIES (by order of presentation) Hon. Joseph K. Coffey Coffey & McKenzie, PA Manning, SC (course planner) Judge Coffey received his Bachelor of Science in Business Administration from The Citadel in 1992, and his J.D. -
SOURCES of PUBLIC INTERNATIONAL LAW Introduction
SOURCES OF PUBLIC INTERNATIONAL LAW introduction Marta Statkiewicz Department of International and European Law Faculty of Law, Administration and Economics University of Wrocław sources of law sources of sources of international international law obligations art. 38 of the Statute of the International Court of Justice 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: • international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; • international custom, as evidence of a general practice accepted as law; • the general principles of law recognized by civilized nations; • subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. art. 38 of the Statute of the Permanent Court of International Justice The Court shall apply: 1. International conventions, whether general or particular, establishing rules expressly recognized by the contesting States; 2. International custom, as evidence of a general practice accepted as law; 3. The general principles of law recognized by civilized nations; 4. Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
Paralegal Support Network
The Paralegal’s Handbook Paralegal Support Network Table of Contents Chapter 1: How to Use this Handbook Chapter 2: The Role of the Paralegal Worker Chapter 3: Law and Society Chapter 4: Institutions for the Implementation of the Law Chapter 5: The Constitution Chapter 6: Human Rights Chapter 7: Democracy Chapter 8: Elections Chapter 9: Governance Chapter 10: Gender and Development Chapter 11: Gender-based Violence Chapter 12: Employment and Labour Relations Chapter 13: Claims Arising from Personal Harm Chapter 14: Business Relations and Contracts Chapter 15: Land Law Chapter 16: Family Relations and Succession Chapter 17: Crimes Chapter 18: Court Procedures Chapter 19: Dispute Resolution and Conflict Management Chapter 20: Community Mobilization Chapter 21: Children and the Law Chapter 22: Environment and Natural Resource Management Chapter 23: Human Rights Institution Building Chapter 1 How to Use This Handbook Why the Handbook? This handbook has been developed by the Paralegal Support Network (PASUNE). The handbook was developed in fulfillment of the mandate of PASUNE. PASUNE as a network of leading human rights organizations involved in paralegal training has been working towards standardizing the content and methods of training paralegals in Kenya. As part of that process in the year 2003 it developed a curriculum for community paralegal workers. The curriculum has been very useful in ensuring that all organizations involved in paralegal training cover an agreed set of issues in the process of training and that the eventual trainees are of a certain quality. The curriculum however only highlights the areas to be covered. The substance is to be filled during the actual training. -
Why Do You Want to Be a Paralegal? By: Rachel G
Why do you want to be a Paralegal? By: Rachel G. Roberson I want to be a paralegal because this profession allows you to make a difference in the lives of others while impacting the world in a meaningful way. A paralegal will often interact with people, businesses, organizations and the community and can shape how others view and are affected by the law. Paralegals are front-line advocates for their clients and their skills allow them to work in various roles that serve the greater good. The greatest impact a paralegal can make is to improve the wealth of knowledge that others have of the legal community and how it affects others. As a paralegal I plan to continue to make an impact on the non-profit organizations at which I am currently employed by. I currently work as a Legal Assistant for two Non-Profit, Rural Electric Cooperatives that are member-owned. Non-profit rural electric cooperatives are fundamental within our communities because they promote the seven (7) Cooperative Principles which are: (1) Concern for community; (2) Democratic Member Control; (3) Member economic participation; (4) Voluntary and open membership; (5) Autonomy and independence; (6) Education, training and information, and; (7) Cooperation among Cooperatives. Not only do these Cooperatives provide electric utilities to underserved rural communities but they give back to their members by providing educational opportunities, electric initiatives and economic benefits to their local communities. Non-profits serve an important role in linking communities and organizations to the assets they need by providing opportunities they otherwise would not be capable of reaching. -
The Law, Corporate Finance, and Management
The Law, Corporate Finance, and Management v. 1.0 This is the book The Law, Corporate Finance, and Management (v. 1.0). This book is licensed under a Creative Commons by-nc-sa 3.0 (http://creativecommons.org/licenses/by-nc-sa/ 3.0/) license. See the license for more details, but that basically means you can share this book as long as you credit the author (but see below), don't make money from it, and do make it available to everyone else under the same terms. This book was accessible as of December 29, 2012, and it was downloaded then by Andy Schmitz (http://lardbucket.org) in an effort to preserve the availability of this book. Normally, the author and publisher would be credited here. However, the publisher has asked for the customary Creative Commons attribution to the original publisher, authors, title, and book URI to be removed. Additionally, per the publisher's request, their name has been removed in some passages. More information is available on this project's attribution page (http://2012books.lardbucket.org/attribution.html?utm_source=header). For more information on the source of this book, or why it is available for free, please see the project's home page (http://2012books.lardbucket.org/). You can browse or download additional books there. ii Table of Contents About the Authors................................................................................................................. 1 Acknowledgments................................................................................................................. 5 -
Federalizing Contract Law
LCB_24_1_Article_5_Plass_Correction (Do Not Delete) 3/6/2020 10:06 AM FEDERALIZING CONTRACT LAW by Stephen A. Plass* Contract law is generally understood as state common law, supplemented by the Second Restatement of Contracts and Article 2 of the Uniform Commercial Code. It is regarded as an expression of personal liberty, anchored in the bar- gain and consideration model of the 19th century or classical period. However, for some time now, non-bargained or adhesion contracts have been the norm, and increasingly, the adjudication of legal rights and contractual remedies is controlled by privately determined arbitration rules. The widespread adoption of arbitral adjudication by businesses has been enthusiastically endorsed by the Supreme Court as consonant with the Federal Arbitration Act (“FAA”). How- ever, Court precedents have concluded that only bilateral or individualized arbitration promotes the goals of the FAA, while class arbitration is destruc- tive. Businesses and the Court have theorized that bilateral arbitration is an efficient process that reduces the transaction costs of all parties thereby permit- ting firms to reduce prices, create jobs, and innovate or improve products. But empirical research tells a different story. This Article discusses the constitu- tional contours of crafting common law for the FAA and its impact on state and federal laws. It shows that federal common law rules crafted for the FAA can operate to deny consumers and workers the neoclassical contractual guar- antee of a minimum adequate remedy and rob the federal and state govern- ments of billions of dollars in tax revenue. From FAA precedents the Article distills new rules of contract formation, interpretation, and enforcement and shows how these new rules undermine neoclassical limits on private control of legal remedies. -
LEGL - Legal Studies LEGL - Legal Studies
LEGL - Legal Studies LEGL - Legal Studies Global Citizenship Program facilities. Students will also study United States Constitutional Knowledge Areas (....) Amendments that deal with criminal law, as well as statutory laws involving crimes against persons and property. Prerequisite: ARTS Arts Appreciation LEGL 2400 or POLT 2400. GLBL Global Understanding LEGL 4460 Methods of Legal Research and Writing I (3) PNW Physical & Natural World A primary purpose of this course is to focus on the practical QL Quantitative Literacy skills and ethical decisions required of practicing paralegals. This course focuses on familiarizing the student with legal ROC Roots of Cultures reference materials by locating, analyzing, and summarizing state SSHB Social Systems & Human statutes, local ordinances, court opinions, and administrative Behavior rules. Students learn the essential skills of legal researching and legal and logical reasoning, and begin to develop legal writing skills. This course enables the student to apply the theory of legal Global Citizenship Program research and writing to practical problems encountered in the Skill Areas (....) legal environment. Prerequisites: Junior standing or permission of the department chair and LEGL 2400 or POLT 2400. CRI Critical Thinking ETH Ethical Reasoning LEGL 4470 Methods of Legal Research and Writing II (3) INTC Intercultural Competence As this course is designed to train paralegals with the theoretical Course Descriptions OCOM Oral Communication and practical skills necessary to be a successful paralegal in the legal environment, this course continues to develop the WCOM Written Communication knowledge and skills learned in LEGL 4460 Legal Research and Writing I. Students will focus on finding, analyzing, and ** Course fulfills two skill areas summarizing federal statutes, court opinions and administrative rules. -
Sources of International Law: an Introduction
Sources of International Law: An Introduction by Professor Christopher Greenwood 1. Introduction Where does international law come from and how is it made ? These are more difficult questions than one might expect and require considerable care. In particular, it is dangerous to try to transfer ideas from national legal systems to the very different context of international law. There is no “Code of International Law”. International law has no Parliament and nothing that can really be described as legislation. While there is an International Court of Justice and a range of specialised international courts and tribunals, their jurisdiction is critically dependent upon the consent of States and they lack what can properly be described as a compulsory jurisdiction of the kind possessed by national courts. The result is that international law is made largely on a decentralised basis by the actions of the 192 States which make up the international community. The Statute of the ICJ, Art. 38 identifies five sources:- (a) Treaties between States; (b) Customary international law derived from the practice of States; (c) General principles of law recognized by civilised nations; and, as subsidiary means for the determination of rules of international law: (d) Judicial decisions and the writings of “the most highly qualified publicists”. This list is no longer thought to be complete but it provides a useful starting point. 2. Customary International Law It is convenient to start with customary law as this is both the oldest source and the one which generates rules binding on all States. Customary law is not a written source.