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Like Silk
by Mary Lynn BaxterThe moment Collier Smith pulled to a stop on that rainy Tennessee mountain road and gently led the dazed, badly bruised woman into the warmth and safety of his car, his own life was shattered.
Likelihood of Confusion in Trade Mark Law: A Practical Guide to the Case Law of EU Courts
by Jeroen Muyldermans Paul MaeyaertSince 1994 European Union (EU) case law touching on trade mark confusion has become so diverse and has grown so numerous that it is difficult to see the wood for the trees. This is the first book to give a complete synthesis of the thousands of decisions that have been handed down over the past decades, illustrated with many examples and images. Providing a highly structured and complete overview of the confusion test and all assessment criteria as determined by the General Court and Court of Justice, the authors unravel the concept of likelihood of confusion and establish a sound and thorough methodology for resolving confusion in any trade mark case. Among the practical features offered by the analysis are the following: consideration of the constituent criteria of the confusion test through a simple three-step test examining the similarity among goods and services, similarity between different trade marks and global appreciation of confusion; the identification of the ‘relevant consumer’, including from territorial and linguistic points of view; guidance on procedural aspects of the confusion test before the EU courts, as well as before the EU Intellectual Property Office and its Boards of Appeal; identifying the dominant and distinctive components of a trade mark – phonetic, visual and conceptual; the concept of similarity and the Nice Agreement; the principle of ‘partial use’; effect of the terms of sale of the goods or services; consideration of the existence of a family or series of trade marks; and consideration of the effects of coexistence on the confusion test. Numerous illustrated examples of trade marks involved in confusion cases enhance the presentation. Any practitioner dealing with trademark confusion in infringement proceedings before EU or national courts, or in opposition proceedings before national offices or the EU Intellectual Property Office, will be enabled to approach each case with full awareness of applicable criteria of assessment. This much-needed synthesis of case law will quickly become a standard work among lawyers, examiners and judges acting in trade mark matters.
Likely To Die (Alexandra Cooper #2)
by Linda FairsteinAlexandra Cooper, Manhattan's top sex crimes prosecutor, is brought into what promises to be a messy case. Gemma Dogen was found in her own office in a New York hospital sexually assaulted, soaked in her own blood and considered likely to die before she can be moved to the emergency room.Alex combs through her files for murders with similar modus operandi, while Mike Chapman and the other detectives concentrate on possible motives amongst her friends and colleagues - many of whom had found Gemma a professional thorn in their sides.Two facts rapidly become apparent: the hospital itself is far from secure; and someone believes that Alex has discovered something far too damaging for them to let her live...
The Limit of Responsibility: Dietrich Bonhoeffer's Ethics for a Globalizing Era (T&T Clark Enquiries in Theological Ethics)
by Esther D. ReedThis volume frames the question of responsibility as a problem of agency in relation to the systems and structures of globalization. According to Ricoeur responsibility is a “shattered concept” when considered too narrowly as a problem of act, agency and individual freedom. To examine this Esther Reed develops a short genealogy of modern liberal and post-liberal concepts of responsibility in order to understand better the relationship dominant modern framings of the meanings of responsibility. Reed engages with writings by major modern (Schleiermacher, Hegel, Marx, Weber) and post-liberal (Buber, Levinas, Derrida, Badiou, Butler, Young, Critchley) theorists to illustrate the shift from an ethnic responsibility built on notions of accountability and attributions to an ethic responsibility that starts variously from the 'other'. Reed sees Dietrich Bonhoeffer as the most promising partner of this theological dialogue, as his learning of responsibility from the risen Christ present now in the (global) church is a welcome provocation to new thinking about the meaning of responsibility learned from land, distant neighbour, (global) church and the bible. Bonhoeffer's reflections on the centre, boundaries and limits of responsibility remain helpful to Christian people struggling with an increasingly exhausted concept of accountability.
The Limit of Responsibility: Dietrich Bonhoeffer's Ethics for a Globalizing Era (T&T Clark Enquiries in Theological Ethics)
by Esther D. ReedThis volume frames the question of responsibility as a problem of agency in relation to the systems and structures of globalization. According to Ricoeur responsibility is a “shattered concept” when considered too narrowly as a problem of act, agency and individual freedom. To examine this Esther Reed develops a short genealogy of modern liberal and post-liberal concepts of responsibility in order to understand better the relationship dominant modern framings of the meanings of responsibility. Reed engages with writings by major modern (Schleiermacher, Hegel, Marx, Weber) and post-liberal (Buber, Levinas, Derrida, Badiou, Butler, Young, Critchley) theorists to illustrate the shift from an ethnic responsibility built on notions of accountability and attributions to an ethic responsibility that starts variously from the 'other'. Reed sees Dietrich Bonhoeffer as the most promising partner of this theological dialogue, as his learning of responsibility from the risen Christ present now in the (global) church is a welcome provocation to new thinking about the meaning of responsibility learned from land, distant neighbour, (global) church and the bible. Bonhoeffer's reflections on the centre, boundaries and limits of responsibility remain helpful to Christian people struggling with an increasingly exhausted concept of accountability.
Limitarianism: The Case Against Extreme Wealth
by Ingrid Robeyns‘The best case I've read for putting an upper limit on the accumulation of wealth’ Richard WilkinsonNo-one deserves to be a millionaire. Not even you. We all notice when the poor get poorer: when there are more rough sleepers and food bank queues start to grow. But if the rich become richer, there is nothing much to see in public and, for most of us, daily life doesn't change. Or at least, not immediately.In this astonishing, eye-opening intervention, world-leading philosopher and economist Ingrid Robeyns exposes the true extent of our wealth problem, which has spent the past fifty years silently spiralling out of control. In moral, political, economic, social, environmental and psychological terms, she shows, extreme wealth is not only unjustifiable but harmful to us all - the rich included.In place of our current system, Robeyns offers a breathtakingly clear alternative: limitarianism. The answer to so many of the problems posed by neoliberal capitalism - and the opportunity for a vastly better world - lies in placing a hard limit on the wealth that any one person can accumulate. Because nobody deserves to be a millionaire. Not even you.
Limitation of Liability for Maritime Claims
by Patrick Griggs Richard Williams Jeremy FarrThis fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.
Limitation of Liability for Maritime Claims
by Patrick Griggs Richard Williams Jeremy FarrThis fourth edition addresses certain developments, including the 1996 Protocol to the 1976 Limitation Convention, which have come into effect since publication of the previous edition. The chapters on limitation of liability for passenger claims and in relation to the carriage of goods have been updated, as has the chapter on limitation regimes worldwide. The book also focuses upon the practicalities of seeking to limit by reference to case law and procedural rules.
Limitation on Benefits Clauses in Double Taxation Conventions (EUCOTAX Series on European Taxation)
by Félix Alberto Vega BorregoUpfront planning for international structures is crucial to ensure coverage under bilateral tax treaties. However, because treaty shopping – whereby a third-party national or a corporation sets up a shell company in order to minimize or eliminate income tax – can potentially be facilitated by taking advantage of double taxation conventions, companies must carefully scrutinize and comply with requirements found in the limitation on benefits (LOB) clauses in tax treaties. This second edition of the only publication directly analysing the legal framework and application of LOB clauses in double taxation conventions adds detailed coverage of such major recent developments as the recent tax treaties concluded between the United States (US) and European Union (EU) Member States, the last version of the US Model Tax Convention (2016), the OECD/G20 project on Base Erosion and Profit Shifting (BEPS), and relevant new rulings handed down by the European Court of Justice. Among the subjects and topics covered are the following: – definition of the concepts of person and residence provided in the OECD model; – concept of beneficial owner; – application of domestic anti-avoidance rules; – adoption of specific provisions to counter the phenomenon of treaty shopping; – determination of sufficient nexus with the state of residence or a real business purpose;and – possible consequences of the incompatibility of LOB clauses with EU law. This new edition will continue to provide tax attorneys, tax professionals, and government officials with the perspective needed for effective decision-making in this realm of international taxation. Academics and researchers in taxation will also appreciate the in-depth and up-to-date coverage of this important subject.
Limitations (Kindle County #7)
by Scott TurowLife would seem to have gone well for George Mason. His days as a criminal defence lawyer are long behind him. At fifty-nine, he has sat as a judge on the Court of Appeals in Kindle County for nearly a decade. Yet, when a disturbing rape case is brought before him, the judge begins to question the very nature of the law and his role within it. What is troubling George Mason so deeply? Is it his wife’s recent diagnosis? Or the strange and threatening emails he has started to receive? And what is it about this horrific case of sexual assault, now on trial in his courtroom, that has led him to question his fitness to judge? In Limitations, Scott Turow, the master of the legal thriller, returns to Kindle County with a page-turning entertainment that asks the biggest questions of all. Ingeniously, and with great economy of style, Turow probes the limitations not only of the law, but of human understanding itself.
Limitations of National Sovereignty through European Integration (Ius Gentium: Comparative Perspectives on Law and Justice #51)
by Rainer ArnoldThe book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is “constitutional identity”, a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State’s power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).
Limited Liability Companies For Dummies
by Jennifer ReutingThere’s no better time than now to start a new business and tap into the power of the LLC LLCs For Dummies is your comprehensive guide to limited liability companies. You’ll explore whether an LLC is the right business structure for your business, how to set up a corporate structure and membership, and the best ways of managing an LLC. Author Jennifer Reuting explains the pros and cons of LLCs and shares insider tips on choosing members, selecting a company name, creating and filing Articles of Organization, managing day-to-day operations, and beyond. This updated edition covers all the latest tax and regulatory information, plus new laws that make it more attractive than ever to start your own business. You’ll also find real-world advice on customizing your LLC for your specific business needs, creating a great operating agreement, keeping accurate records, and filing the proper paperwork with Uncle Sam. Learn to start a new business by founding a limited liability company (LLC) Get a handle on the differences between LLCs and other business structures, including state-specific tips Keep up on the latest information on federal taxes, regulations, and fees Discover online tools, new documents and forms, and helpful resourcesAnyone who wants to learn the best practices of LLC formation, management, and long-term growth will love this beginner-friendly Dummies guide.
Limited Liability Companies For Dummies
by Jennifer ReutingThere’s no better time than now to start a new business and tap into the power of the LLC LLCs For Dummies is your comprehensive guide to limited liability companies. You’ll explore whether an LLC is the right business structure for your business, how to set up a corporate structure and membership, and the best ways of managing an LLC. Author Jennifer Reuting explains the pros and cons of LLCs and shares insider tips on choosing members, selecting a company name, creating and filing Articles of Organization, managing day-to-day operations, and beyond. This updated edition covers all the latest tax and regulatory information, plus new laws that make it more attractive than ever to start your own business. You’ll also find real-world advice on customizing your LLC for your specific business needs, creating a great operating agreement, keeping accurate records, and filing the proper paperwork with Uncle Sam. Learn to start a new business by founding a limited liability company (LLC) Get a handle on the differences between LLCs and other business structures, including state-specific tips Keep up on the latest information on federal taxes, regulations, and fees Discover online tools, new documents and forms, and helpful resourcesAnyone who wants to learn the best practices of LLC formation, management, and long-term growth will love this beginner-friendly Dummies guide.
The Limits and Legitimacy of Referendums
by Richard Albert and Richard StaceyThe possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making. Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice? These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.
The Limits and Legitimacy of Referendums
The possibility of democracy-enhancing uses and anti-democratic abuses of referendums reveals a paradox: mechanisms of democracy can be exploited to do violence to the basic principles of democracy. The Limits and Legitimacy of Referendums seeks to identify standards we might use to assess the democratic legitimacy of a referendum when we cannot rely on the norms of traditional liberal democracy. This innovative book explores how referendums manage the tension between liberalism and democracy, and whether this device holds promise for reconciling these two commitments. A range of scholars from around the world expose how referendums may be abused on one hand to achieve short-term political or even personal gains, and how, on the other, they may aspire to reflect the best traditions of deliberative, innovative, democracy-enhancing popular decision-making. Structured around three big questions, this book seeks to identify what makes a referendum legitimate. First, why have referendums on issues of fundamental political importance become so frequent around the world? Second, who are - or who should be - the people that make decisions about a political community's future? And third, are referendums an effective and reliable mechanism of popular sovereignty or democratic choice? These essays - written for scholars, public lawyers, political actors and citizens - bring together diverse perspectives on referendums, constitutionalism, liberalism and democracy in ways that challenge the conventional wisdom, prompt new answers to enduring questions, and urge reconsideration of how we evaluate the legitimacy of referendums.
The Limits and Lies of Human Genetic Research: Dangers For Social Policy (Reflective Bioethics)
by Jonathan Michael KaplanIn The Limits and Lies of Human Genetic Research, Jonathan Kaplan weighs in on the controversial subject of the roles genes play in determining aspects of physical and behavioral human variation. Limits and Lies makes the case that neither the information we have on genes, nor on the environment, is sufficient to explain the complex variations among humans.
The Limits and Lies of Human Genetic Research: Dangers For Social Policy (Reflective Bioethics)
by Jonathan Michael KaplanIn The Limits and Lies of Human Genetic Research, Jonathan Kaplan weighs in on the controversial subject of the roles genes play in determining aspects of physical and behavioral human variation. Limits and Lies makes the case that neither the information we have on genes, nor on the environment, is sufficient to explain the complex variations among humans.
The Limits of Asset Confiscation: On the Legitimacy of Extended Appropriation of Criminal Proceeds
by Johan BouchtThis book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues.The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.
The Limits of Asset Confiscation: On the Legitimacy of Extended Appropriation of Criminal Proceeds
by Johan BouchtThis book provides a normative analysis of the justifications and limits of asset confiscation as a crime control measure in a comparative perspective. More specifically, it deals with what in this context is referred to as extended appropriation, that is, confiscation in cases where the causal link between the property (the proceeds of crime) in question and the predicate offence(s) is less obvious. Particular focus is placed on extended criminal confiscation and civil recovery. These forms of confiscation give rise to a number of complex legal issues.The overarching purpose of the book is to provide an analysis of the nature of extended appropriation within the criminal justice system and to discuss a normative framework that may assist in assessing the legitimacy of such confiscation schemes. It also seeks to explore what a fair and reasonable balance between the interests of the state and those of the individual in this field might look like. The analysis starts from an acknowledgement not only of the need for having effective confiscation regimes in place, but also of the need for protecting the interests of the individual. It is hoped that the book will stimulate further discussion on the legitimacy of asset recovery as a crime control measure.
The Limits of Blame: Rethinking Punishment and Responsibility
by Erin I. KellyFaith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.
The Limits of Bodily Integrity: Abortion, Adultery, and Rape Legislation in Comparative Perspective
by Ruth A. MillerThis volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.
The Limits of Bodily Integrity: Abortion, Adultery, and Rape Legislation in Comparative Perspective
by Ruth A. MillerThis volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, bio-political scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing 'civilizational' relationships. In focusing on the Ottoman Empire, Turkey, France and Italy as case studies, Miller presents a discussion of what 'Europe' is, and the role of sexuality and reproduction in defining it.
The Limits of Constitutional Democracy
by Jeffrey K. Tulis Stephen MacedoConstitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.
The Limits of Constitutional Democracy
by Jeffrey K. Tulis Stephen MacedoConstitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.