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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 ......................... -
Public Administration in Great Britain
Public Administration in Great Britain OMAR GUERRERO-OROZCO Whoever shall read the admirable treatise of Tacitus on the manners of the Germans, will find that it is from them the English have bor- rowed the idea of their political government. This beautiful system was invented first in the woods. Montesquieu, De l’espirit des lois, 1741 Translated by Margaret Schroeder Revised by the author Layout by Leticia Pérez Solís Table of Contents Prologue .................................... 11 Introduction ................................. 15 Part One THE BRITISH PUBLIC ADMINISTRATION Chapter 1 THE BRITISH CULTURE ...................... 27 Cultural Diversity in Administration ............. 28 Neo-Latins and Anglo-Saxons .................. 30 Causes of the “decline” of the neo-latin peoples ............. 31 Looking to the future ................................ 35 Germanic Peoples in Britannia .................. 36 Roman Britannia .................................. 37 Germanic migration ................................ 43 Destruction of the Roman Civilization ................. 45 Halting National Unity ............................. 48 Chapter 2 THE CHARACTER OF THE BRITISH PEOPLE ... 51 Insularity and Territoriality ..................... 51 7 Omar Guerrero-Orozco The British ................................. 56 Politics ..................................... 63 The Language ............................... 67 Chapter 3 THE FORMATION OF THE BRITISH ADMINISTRATIVE STATE: INTERNAL FACTORS .................. 73 Causes of the Uniqueness of the British -
Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S
University of Richmond UR Scholarship Repository Bookshelf 2015 Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S. Bezio University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/bookshelf Part of the Leadership Studies Commons Recommended Citation Bezio, Kristin M.S. Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignty. Burlington, VT: Ashgate, 2015. NOTE: This PDF preview of Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity includes only the preface and/or introduction. To purchase the full text, please click here. This Book is brought to you for free and open access by UR Scholarship Repository. It has been accepted for inclusion in Bookshelf by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Staging Power in Tudor and Stuart English History Plays History, Political Thought, and the Redefinition of Sovereignty KRISTIN M.S. BEZIO University ofRichmond, USA LIBRARY UNIVERSITY OF RICHMOND VIRGINIA 23173 ASHGATE Introduction Of Parliaments and Kings: The Origins of Monarchy and the Sovereign-Subject Compact in the English Middle Ages (to 1400) The purpose of this study is to examine the intersection between early modem political thought, the history that produced the late Tudor and early Stuart monarchies, and the critical interrogation of both taking place on the public theatrical stage. The plays I examine here are those which rely on chronicle histories for their source materials; are set in England, Scotland, or Wales; focus primarily on governance and sovereignty; and whose interest in history is didactic and actively political. -
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. -
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. -
AJS Review Barry Scott Wimpfheimer. Narrating The
AJS Review http://journals.cambridge.org/AJS Additional services for AJS Review: Email alerts: Click here Subscriptions: Click here Commercial reprints: Click here Terms of use : Click here Barry Scott Wimpfheimer. Narrating the Law: A Poetics of Talmudic Legal Stories. Philadelphia: University of Pennsylvania Press, 2011. 248 pp. Steven D. Fraade AJS Review / Volume 37 / Issue 01 / April 2013, pp 135 139 DOI: 10.1017/S0364009413000093, Published online: 17 May 2013 Link to this article: http://journals.cambridge.org/abstract_S0364009413000093 How to cite this article: Steven D. Fraade (2013). AJS Review, 37, pp 135139 doi:10.1017/ S0364009413000093 Request Permissions : Click here Downloaded from http://journals.cambridge.org/AJS, IP address: 128.36.43.134 on 22 May 2013 AJS Review 37:1 (April 2013), 135–176 © 2013 Association for Jewish Studies BOOK REVIEWS FEATURED REVIEWS Barry Scott Wimpfheimer. Narrating the Law: A Poetics of Talmudic Legal Stories. Philadelphia: University of Pennsylvania Press, 2011. 248 pp. doi:10.1017/S0364009413000093 Barry Wimpfheimer makes an insightfully original and valuable contri- bution to the growing number of studies of the relation between law and narrative (halakhah and aggadah in rabbinic terminology) in ancient Judaism, as in Judaism and the humanities more broadly. His focus is on “talmudic legal stories,” that is, on narratives whose subjects are legal actors, which are set within a mainly legal setting in the Babylonian Talmud, and which, therefore, both draw meaning from and contribute meaning to that broader literary context. These stories have often baffled (or annoyed) previous commentators on the Talmud precisely because they complicate any neat division between rabbinic law and narrative and the con- ventional roles assigned to each. -
The Putative Spouse and Marriage by Estoppel Doctrines: an "End Run Around Marriage" Or Just a Marriage?
Child and Family Law Journal Volume 8 Issue 1 Article 3 3-27-2020 The Putative Spouse and Marriage by Estoppel Doctrines: An "End Run Around Marriage" or Just a Marriage? Dana E. Prescott, Esq., Ph.D Follow this and additional works at: https://lawpublications.barry.edu/cflj Part of the Elder Law Commons, Family Law Commons, Juvenile Law Commons, and the Other Law Commons Recommended Citation Prescott, Esq., Ph.D, Dana E. (2020) "The Putative Spouse and Marriage by Estoppel Doctrines: An "End Run Around Marriage" or Just a Marriage?," Child and Family Law Journal: Vol. 8 : Iss. 1 , Article 3. Available at: https://lawpublications.barry.edu/cflj/vol8/iss1/3 This Article is brought to you for free and open access by Digital Commons @ Barry Law. It has been accepted for inclusion in Child and Family Law Journal by an authorized editor of Digital Commons @ Barry Law. The Putative Spouse and Marriage by Estoppel Doctrines: An “End Run Around Marriage” or Just a Marriage? Dana E. Prescott, Esq., Ph.D* I. INTRODUCTION For generations in the United States, each state determined the definition of a legally recognized marriage.1 Indeed, the United States Supreme Court long ago held that marriage “has always been subject to the control of the [state] legislature.”2 For the most part, these early notions of “federalism”3 permitted states to constrain the definition of a lawful marriage. States did so without much public controversy; at least when consistent with socially and legally *Dana E. Prescott is licensed to practice in Maine and Massachusetts and a partner with Prescott, Jamieson, & Murphy Law Group LLC, Saco, Maine. -
Statutory Instruments Revised May 2008
Factsheet L7 House of Commons Information Office Legislative Series Statutory Instruments Revised May 2008 Contents Introduction 2 Statutory Instruments 2 What is a Statutory Instrument? 2 Drafting 2 Preamble 2 This Factsheet has been archived so the Explanatory Notes 2 content and web links may be out of Explanatory Memoranda 3 date. Please visit our About Parliament Parliamentary procedure on SIs 3 pages for current information. Frequently used terms 3 Negative Procedure 4 Affirmative Procedure 5 Rejection of Statutory Instruments 5 Joint Committee on Statutory Statutory Instruments (SIs) are a form of Instruments 6 legislation which allow the provisions of an The Lords Committee on the Merits Act of Parliament to be subsequently of Statutory Instruments. 6 brought into force or altered without Debates on SIs in the House of Parliament having to pass a new Act. They Commons 7 are also referred to as secondary, delegated Delegated Legislation Committees 7 or subordinate legislation. This Factsheet Other types of delegated legislation 8 Regulatory Reform Orders 8 discusses the background to SIs, the Debates on Regulatory Reform procedural rules they must follow, and their Orders 9 parliamentary scrutiny. It also looks at the Remedial Orders 10 other types of delegated legislation. Commencement orders 10 Orders in Council 11 Orders of Council 11 Local SIs 11 Finding out about SIs 11 Publication and Bibliographic Control 12 Appendix A 13 Statistics on delegated legislation and deregulation orders 13 Appendix B 15 Comprehensive summary table of what can and cannot be presented or laid during recesses. 15 Further Reading 16 MayContact 2008 information 16 FSFeed No.backL7 Ed form 3.9 17 ISSN 0144-4689 © Parliamentary Copyright (House of Commons) 2008 May be reproduced for purposes of private study or research without permission. -
Jewish Law and Litigation in the Secular Courts of the Late Medieval Mediterranean Rena N
Jewish Law and Litigation in the Secular Courts of the Late Medieval Mediterranean Rena N. Lauer* Abstract Although medieval rabbinic law generally forbade Jews from suing their co-religionists in state courts, this practice was widely accepted among some Mediterranean Jewish com- munities. This study focuses on one such community, the Jews of Venetian Crete’s capital city of Candia, during the century following the Black Death (ca. 1350-1450). Court records indicate that Candiote Jews quite often sued each other in Venice’s coloni- al courts. Unlike many other medieval Jewish communities, the rabbinical leadership of Candia took this intra-Jewish litigation as a given. Moreover, these leaders themselves ac- cessed Venetian justice to sue fellow Jews. Among the factors that motivated Jewish use of the Venetian court was a special accommodation given to Cretan Jews: when litigation in the colonial court dealt with Jews’ marriages or divorces, judges were obligated to ad- judicate according to Jewish law. Many Candiote Jews utilized this personal law privilege, and the Venetian court actively implemented it. The Catholic judges of the colonial court in Crete learned about Jewish law mostly from the litigants themselves, and not from a panel of rabbinic experts, giving these Jewish litigants significant agency in shaping not only the outcome of their marriage and divorce cases but also the government’s under- standing of Jewish law. * * * Normative rabbinic consensus in medieval Europe squarely forbade Jews from suing each other in secular or so-called “gentile” courts. Instead of airing intracommunal grievances before state judiciaries, Jews were directed to settle their disputes in their local Jewish court (beit din).1 The responsa2 of the unrivaled Barcelonan legal authority Rabbi Solomon ibn Adret (the Rashba, d. -
Untangling the Law
Open Research Online The Open University’s repository of research publications and other research outputs Untangling the law Journal Item How to cite: Pywell, Stephanie (2013). Untangling the law. New Law Journal, 163(7553) pp. 321–322. For guidance on citations see FAQs. c 2013 Reed Elsevier (UK) Ltd. Version: Accepted Manuscript Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online’s data policy on reuse of materials please consult the policies page. oro.open.ac.uk Untangling the law Stephanie Pywell challenges a widely held view on the classification of delegated legislation IN BRIEF • The widespread view that there are three types of delegated legislation – statutory instruments, byelaws and Orders in Council – is incorrect. • There are two types of delegated legislation – statutory instruments and byelaws - and five forms of statutory instrument – Orders in Council, Orders of Council, orders, rules and regulations. Introduction Delegated legislation is so called because it is made by an individual or body to whom Parliament has delegated law-making powers, normally by a parent, or enabling, Act of Parliament. The delegated legislation has the same authority as the Act. The nature and classification of delegated legislation features in most introductory-level law courses. For many years, most students have been taught that there are three types of delegated legislation: statutory instruments (SIs), byelaws and Orders in Council. Research using parliamentary papers indicates that this method of classification is misleading, and that it is appropriate to identify two distinct types of delegated legislation: • SIs, of which there can be considered to be five forms, and • byelaws. -
Orders in Council – an Overview
Orders in Council – An Overview Simple Definition: a legal instrument made by the Governor in Council on the advice of the federal cabinet. Online: 1990 – current: http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng&Page=secretariats July 1, 1867 to 1910: http://www.collectionscanada.gc.ca/databases/orders/index-e.html (includes some with digital images of the Order-in-Council) Definitions: Governor in Council (GIC): In the Canadian context, the Governor in Council is the Governor General. Order-in-Council: Are notices of an administrative decision made by the federal cabinet, signed by the Governor in Council (Governor General). Orders in Council are notices of appointments, regulations, or legislative orders related to and authorized by existing legislation. Or, from Library and Archives web site: “The term orders-in-council refers to a legislative instrument generated by the governor-in- council, and constitutes a formal recommendation of Cabinet that is approved and signed by the governor general. Orders-in-council address a wide range of administrative and legislative matters, from civil service staffing to capital punishment, and from the disposition of Aboriginal lands to the maintenance of the Parliamentary Library.” http://www.collectionscanada.gc.ca/databases/orders/index-e.html Treasury Board (TB): a Committee of Cabinet responsible for considering and approving most submissions to Council. Statutory Instrument: a regulation, order, commission or other instrument authorized by an Act of Parliament. Instrument of Advice: a letter from -
PARLIAMENTARY COUNSEL OFFICE Contents
SHAPING THE LAW OF SCOTLAND DRAFTING MATTERS! PARLIAMENTARY COUNSEL OFFICE Contents Contents Introductory matters Foreword by the Lord Advocate, James Wolffe QC iv Why drafting matters by Andy Beattie, Chief Parliamentary Counsel vi Background viii Part 1: Drafting technique Language Plain language 2 Grammar and usage 2 Punctuation 3 Gender neutrality 3 Foreign words and Latin 3 Particular words and expressions 5 Style Conjunctions 8 Paragraphing 9 Periods of time 10 Dates 11 Numbers and symbols 11 Letter labels 13 Form and key components of Bills Form and content of Scottish Parliament Bills 14 Order of final provisions 16 Long title 17 Short title 18 Commencement provisions 19 Powers to make subordinate legislation 20 Form of subordinate legislation 23 Ancillary provision 24 Technicalities Citation of enactments 26 Cross-references 27 Definitions 28 Numbering 32 Schedules 34 i PARLIAMENTARY COUNSEL OFFICE Contents Amendments and repeals Textual amendments 36 Non-textual amendments 39 Formal headings and framework 40 Repeals 41 Specific legal expressions and terms Referring to a Bill in another Bill 43 Referring to bodies corporate 43 Referring to the Scottish Ministers (individually and collectively) 44 Mode of trial 46 Referring to ‘charges’ and ‘proceedings’ 46 Types of court 47 Part 2: Guidance on specific topics I. Arbitration Arbitration 52 II. Criminal law, justice and procedure Creating offences and penalties Structure of offence and penalty provisions 54 Formulations for creating offences 55 Giving offences names 57 Drafting