Aspen Publishers, Inc.

Law, ethics, and the visual arts, 5th ed.

What compelled US museums to return works of art to Holocaust survivors? What prevents plundering of works of art in times of war? This edition has been completely updated to reflect recent changes in treaty, statutory and case law relating to the visual arts. Merryman (law emeritus, Stanford U. Law School) and his co-authors describe how international trade in art differs from other types of trade, analyze who owns what in terms of both art and antiquities, describe the latest in repatriation of cultural property and cover plunder, reparations and the consequences of destruction of art objects. They address the artist's rights in the work of art, including copyright and resale rights, regulations concerning artistic freedom, including in cases where the state is the consumer, the law life of the artists, including relations with patrons and consumers and tax considerations, and laws and regulations applying to collectors and museums. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2008 Book News Inc. Portland, OR)

The law student's pocket mentor; from surviving to thriving.

Iijima (William Mitchell College of Law, Minnesota) offers tips to beginning law students on smart ways to borrow money for school, time management plans, learning styles, different techniques for reading and briefing cases, career preparation, and exam writing. Example applications and templates are included. (Annotation ©2008 Book News Inc. Portland, OR)

Learning about the law, 3d ed.

Writing in a conversational tone with many examples, Scaros (law, New York University) offers a student-friendly overview of the American legal system, an introduction to substantive law, practical information on professional responsibility and careers in law, and insight into the essential skills of case briefing, legal writing, legal research, and litigation. Appendices offer a discussion of paralegal careers, the US Constitution, the Emancipation Proclamation, and eight court cases. This third edition features chapter critical thinking questions and additional court cases, and new or expanded coverage of alternative dispute resolution, sources of American law, and recent Supreme Court cases. The text is for students who wish to become paralegals or legal secretaries, and those wishing to work in or with the law in other capacities. (Annotation ©2008 Book News Inc. Portland, OR)

Managing business disputes in today's China; duelling with dragons.

This volume introduces the law and practice of commercial dispute settlement in China. The 12 chapters, contributed by lawyers based in China, Hong Kong, the US, and France, address arbitration, litigation, administrative appeals, intellectual property rights, employment and labor disputes, corruption, bribery, criminal law, investor-state arbitration, and enforcement and dispute outcomes, through a continuous hypothetical scenario. Practice, and not theory, is emphasized, with a focus less on what the law says than how it is applied. The idea for the book is based on a series of presentations Moser, an attorney based in China, developed for an arbitration group of a firm. The book is aimed at corporate and international lawyers, business people, and students of dispute resolution. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2008 Book News Inc. Portland, OR)

Montreal Convention; proceedings.

This volume contains the rules and regulations to be applied under the Montreal Convention, enacted in November 2003 to provide a common liability standard for international carriage by air. The first chapter addresses the history of the prior Warsaw Convention and its scope of application, showing the development of applications that resulted in the Montreal Convention. Separate articles are expanded in subsequent chapters, breaking down the provision of each article into parts, with remarks and notes concerning individual cases. Appendices provide comparative tables of the Montreal and the Warsaw Conventions and the general conditions of carriage utilized by Lufthansa, among other materials. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2008 Book News Inc. Portland, OR)

Private international law and the internet.

Useful at so many levels, and dangerous at so many more, the growth of the Internet is causing significant legal heartburn, especially at the international level. The authors survey private international law solutions for a variety of countries, including China, the UK, Germany, Sweden, Australia and the US, covering the idea of the borderless Internet and its effect on private law, issues of jurisdiction and declining jurisdiction, choice of law and recognition and enforcement of judgments. They describe the conditions under which the Internet operates and the resulting applications to tradition common law (as in Australia, England and Hong Kong), private law n the US, European civil law (Germany and Sweden), and the People's Republic of China. They describe international instruments, current rules of private international law, technology as an alternative to geo-identification, the proposed "defamation convention model" and proposed "contracts convention model." (Annotation ©2008 Book News Inc. Portland, OR)

Scientific and expert evidence.

Conley (University of North Carolina) and Moriarty (University of Akron) introduce the scientific techniques that regularly enter the courtroom and the evidentiary principles that govern their use. After explaining the Federal Rules of Evidence and the current standard for expert testimony, the law textbook present cases illustrating the use of DNA in the legal process, expert testimony about behavioral science, identification methods, medical causation, economic analysis of liability, and accident reconstruction. (Annotation ©2008 Book News Inc. Portland, OR)

Taxation of capital gains under the OECD Model Convention; with special regard to immovable property.

Capital resources have become increasingly mobile as globalization continues, resulting in significant questions about the taxation of transnational capital gains, particularly in cases of investment in immovable property. This has led to strong interest in the implications of Article 13 of the Organization for Economic Co-operation and Development (OECD) Model Convention. Simontacchi traces the background of the OECD approach from its deepest roots, the model conventions drafted under the auspices of the League of Nations in the 1920s and 1940s. Simontacchi provides a very close reading of Article 13 and commentary on Article 13 (1) through (4), describing the OECD's approach to capital gains, its definitions, coverage and edicts on the appreciation of the value of property, the gains derived from the alienation of immovable property, and the gains derived from the alienation of shares in immovable property. The next edition will doubtless include an index. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2008 Book News Inc. Portland, OR)

Trademarks and unfair competition; law and policy, 2d ed.

Structuring the work such that it is compatible with the traditional case method of law school teaching, Dinwoodie (intellectual property law, U. of London, UK) and Janis (intellectual property law, U. of Iowa, US) present an updated edition of their textbook on trademark and unfair competition law in the United States. In addition to adopting the traditional case approach, they also adhere to a traditional understanding of intellectual property systems. Following the introduction, they discuss the creation of trademark rights, including separate chapters on distinctiveness, functionality, use, and registration. They then examine the scope and enforcement of trademark rights in chapters separately focused on geographic limits on trademark rights, confusion-based trademark liability theories, non-confusion-based trademark liability theories, permissible use of another's trademarks, false advertising, trade identity rights in one's persona, and remedies. A final chapter examines exploitation of trademarks (trademark transactions). The material is current with legislation and litigation activity through 2006. (Annotation ©2008 Book News Inc. Portland, OR)