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Books on the topic 'Legally protected good (legal good)'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Reiser, Dana Brakman, and Steven A. Dean. Prioritizing Mission with a Mission-Protected Hybrid. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190249786.003.0003.

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This chapter describes how state legislatures could create a legal form of organization to brand trustworthy social enterprises. It identifies the two key components of such an organizational form, and explains how to implement them. It asserts that to brand adopting entities as trustworthy social enterprises, statutes must mandate that they prioritize social good. This will distinguish adopting entities from traditional for-profits and nonprofits, and enable reliable enforcement by identifying their primary objective. The chapter also argues that an effective legal form must contain multiple

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2

Stelkens, Ulrich, and Agnė Andrijauskaitė, eds. Good Administration and the Council of Europe. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198861539.001.0001.

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This book is about the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards—called the ‘pan-European general principles of good administration’—cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. Thus, they are about the ‘limiting function’ of administrative law, i.e. its f

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Kuenzler, Adrian. Argumentation of the Courts and Contemporary Legal Scholarship. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190698577.003.0003.

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This chapter analyzes existing U.S. Supreme Court case law with respect to, on the one hand, antitrust’s minimum resale price maintenance plans, bundling and tying practices, as well as refusals to deal, and, on the other hand, trademark law’s dilution, postsale, sponsorship, and initial interest confusion doctrines, including design patent and selected areas of copyright law. It demonstrates that courts, based on the free riding hypothesis, have come to protect increasing amounts of artificial shortage of everyday consumer goods and services and corresponding incentives to innovate. Through t

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4

HO, Lusina. Contract Formation in Hong Kong. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0010.

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This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional

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5

Babor, Thomas, Jonathan Caulkins, Benedikt Fischer, et al. Drug Policy and the Public Good. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198818014.001.0001.

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Drug Policy and the Public Good presents the accumulated scientific knowledge of direct relevance to the development of drug policy on local, national, and international levels. The book explores both illicit drug use and non-medical use of prescription medications within a public health perspective. A conceptual basis for a rational drug policy is presented, along with new epidemiological data on the global dimensions of drug misuse, significant trends in drug epidemics, and the global burden of disease attributable to drug misuse. The markets for both illicit and legally prescribed psychoact

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6

Claus, Kreß, and Nußberger Benjamin K. Part 1 The Cold War Era (1945–89), 19 The Entebbe Raid—1976. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0019.

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In 1976, Israel conducted a successful, but highly controversial military rescue operation in Entebbe, Uganda, to save its nationals taken hostage on Ugandan territory by members of the ‘Popular Front of Liberation of Palestine’. From an international legal perspective, this case revolves around the existence of a right of a state to take military action to protect its nationals abroad in mortal danger. Following an extensive legal debate in the Security Council on the incident, it appears safe to conclude that a rescue operation such as conducted in Entebbe passes the threshold for a use of f

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7

Mills, Kurt, and Cian O’Driscoll. From Humanitarian Intervention to the Responsibility to Protect. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.440.

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In contrast with humanitarian access or the provision of humanitarian assistance, humanitarian intervention is commonly defined as the threat or use of force by a state to prevent or end widespread and grave violations of the fundamental human rights of individuals other than its own citizens, without the permission of the state within whose territory force is applied. In support of their cause, advocates of humanitarian intervention often draw upon and reference the authority of the notional “just war.” The four main ways by which humanitarian intervention has been connected to the idea of th

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8

Monaghan, Nicola. 10. Other offences against property. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0010.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores other offences against property such as robbery, burglary, aggravated burglary, blackmail, handling stolen goods, and criminal damage. The first four of these offences are found in the Theft Act 1968 and criminal damage is found in the Criminal Damage Act 1971. While these offences primarily seek to prot

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9

Woloch, Nancy. Gender, Protection, and the Courts, 1895–1907. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691002590.003.0003.

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This chapter discusses how the courts shaped protective policy from the 1890s to 1907. During this period, state and federal courts began a legal conversation about state protective laws. In court, challengers relied on the due process clause of the Fourteenth Amendment; they embraced freedom of contract and also cited the amendment's equal protection clause. Meanwhile, defenders gave wide latitude to the police power, the state's power to protect the health and welfare of its citizens. Throughout the era, the legal system imposed a discussion of gender. In cases that involved women workers, d

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10

Ray, Sumantra (Shumone), Sue Fitzpatrick, Rajna Golubic, Susan Fisher, and Sarah Gibbings, eds. Setting the scene and ICH GCP in clinical and healthcare research. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199608478.003.0008.

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This chapter looks at the purpose and history of the development of good clinical practice (GCP). The international conference on harmonisation (ICH) GCP is the international quality standard for conducting clinical research to ensure the rights and well-being of patients are protected and the resulting data are valid. The cornerstone of ethics in research stems from the Declaration of Helsinki and the chapter looks at the changes in the Declaration and the impact on clinical trials. The development of the ICH process is described and the E, S, Q and M guidelines are discussed, The efficacy gu

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11

Frevel, Bernhard, and Thomas Heinicke, eds. Managing Corona. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748909323.

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As a result of the Corona pandemic, far-reaching regulations and laws intervened in the shaping of people's lives, the economy and social life in 2020. A variety of legal, economic and sociological questions arise concerning the political-administrative crisis management of the Corona crisis. These concern, for example, fundamental aspects of the separation of powers and legal control by means of ordinances, or questions of public procurement law concerning the procurement of protected goods. In this work, researchers from the University of Police and Public Administration NRW analyze the coro

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12

Banet, Catherine. Techno-nationalism in the Context of Energy Transition. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198822080.003.0005.

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Techno-nationalism is governments’ protectionist behaviour towards technology innovation and transfer.— Development of law and policy to secure national interest stems from belief that restricting transfer of innovation will benefit national economic growth and protect wealth and energy independency. Although not a new phenomenon, there is a global techno-nationalism revival in the energy transition context. This chapter looks at the compatibility of techno-nationalist measures with the WTO international law regime. It reviews how national legal frameworks support these policies by reference t

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13

Iovane, Massimo, Fulvio M. Palombino, Daniele Amoroso, and Giovanni Zarra, eds. The Protection of General Interests in Contemporary International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192846501.001.0001.

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This book is aimed at analysing the notions of global public goods, global commons, and fundamental values as conceptual tools geared towards the protection of the general interests of the international community. After having provided the readers with a general overview of the abovementioned concepts, the book examines how international law has responded to what qualifies as global public goods, global commons, and fundamental values in a wide range of fields. Moreover, the work also investigates how global governance has improved (or worsened) this response. Authors have discussed which gene

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14

Chang, Jason Oliver. Conclusion. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040863.003.0007.

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This chapter concludes the book by first reflecting on the legacy of antichinismo in Mexican culture by reflecting on the 1970s exhumation and relocation of hundreds of Chinese peoples’ graves in Mexicali, Baja California. The pervasive character of antichinismo in Mexican culture in the 1930s is traced through the substitute presidency of Ábelardo Rodríguez. Rodriguez gained national notoriety as a leading antichinista in his role as governor of Baja California. His presidency represents the ascendancy of antichinismo to an ideology of the mestizo racial state. This ideology is traced through

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15

Greenawalt, Kent. Realms of Legal Interpretation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190882860.001.0001.

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Legal norms may forbid, require, or authorize a particular form of behavior. The law of contracts, for example, informs people how to enter into agreements that will bind both sides, and from this we establish legal requirements on how they should behave. In public law, legal standards provide authority to legislators and executive officials to set standards for citizens, and also give judges the authority to decide disputes by applying and interpreting governing standards. This book focuses on how courts decide what is legally forbidden or authorized, and how context shapes their decisions. T

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16

Frei, Gabriela A. Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198859932.001.0001.

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The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in par

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17

Hartog, Hendrik. The Trouble with Minna. University of North Carolina Press, 2018. http://dx.doi.org/10.5149/northcarolina/9781469640884.001.0001.

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In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna’s case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate—about care as a “mere voluntary courtesy”—became routine in a wide range of subsequent cases about “good Samaritans.” Using Minna’s case as a springboard, Hartog explores the statutes, situations, and conflicts that helped

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18

Broyde, Michael J. Sharia Tribunals, Rabbinical Courts, and Christian Panels. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190640286.001.0001.

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This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and regulate religious arbitration, including those from Rabbinical Courts, Sharia Tribunals, and any faith-based arbitration tribunals. It covers the history of religious arbitration, the kinds of faith-based dispute resolution models currently in use, how the law should perceive them, and what the role of religious arbitration in the United States should be. Part I examines why religious individ

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