Category: Law

By Jacob Hesser

Immateriella tjänster karakteriseras av att uppdraget inte är knutet until fysiska (materiella) föremål. Hit hör typiskt sett uppdrag until advokater, revisorer, fondkommissionärer, besiktningsmän, värderingsmän och andra konsulter samt until mäklare. Rättsområdet är i lag mestadels oreglerat och frågeställningarna är därför många.

Vad innebär uppdragstagarens metod- och informationsansvar?

Vem har bevisbördan för vilket arvode som avtalats?

Kan en svensk domstol ålägga en uppdragstagare att fullgöra en immateriell tjänst?

Hur bestäms ersättningen för en skada som uppdragstagaren vållat?

Hur tillämpas regeln om specialpreskription i 18 kap. nine § handelsbalken?

Ambitionen med denna kommenterade rättsfallsöversikt är att besvara dessa och många andra frågor och att samtidigt fylla den lucka som är förknippad med att en svensk rättsfallsöversikt över immateriella tjänster hittills saknats. Översikten vänder sig until både studenter och praktiskt verksamma jurister. Rättsfallsöversikten utgör en systematisk genomgång av Högsta domstolens centrala avgöranden på området avseende åren 1971-2005. Översikten är även försedd med utförliga förteckningar över förarbeten och doktrin. De refererade rättsfallen, ett sextiotal until eventually antalet, är ordnade efter ämne.

"Trots sitt begränsade layout rymmer denna skrift rikhaltig och nyanserad information."

Jan Rosén, professor i civilrätt, Stockholms universitet

E-boken baseras på den tryckta utgåvan från 2006.

By Kenneth W. Clarkson, Roger LeRoy Miller, Gaylord A. Jentz, Frank B. Cross

Entire, appropriate, and meticulously up to date, company legislation, 11th variation, combines in-depth assurance of industrial legislations in a different student-friendly structure. It can provide a vintage combination of black letter legislations and state of the art insurance of latest concerns and situations - making the legislation obtainable, attention-grabbing, and correct for readers. It presents a very good collection of circumstances, starting from precedent-setting landmarks to the newest judgements. moral, international, and e-commerce topics are built-in during the textual content, which additionally emphasizes critical-thinking abilities. a variety of good points and workouts make sure that scholars have a high-quality knowing of bankruptcy ideas. furthermore, the text's unequalled help fabrics comprise leading edge on-line examine instruments (available at the text's spouse site: www.cengage.com/blaw/clarkson) that may aid maximize efforts and increase effects. It's no ask yourself that enterprise legislations, 11th version, is utilized by extra schools and universities than the other company legislations textual content.

By Jerrianne Hayslett

The humans vs. O. J. Simpson ranks surely because the trial of the century. It featured a double homicide, a star defendant, a perjuring witness, and a glove that didn't healthy. The trial grew to become a media circus of outrageous proportions that led the pass judgement on to sequester the jury, eject disruptive journalists, and effective the attorneys millions of greenbacks. Now an insider at The humans vs. O. J. Simpson unearths the untold tale of the main largely trial in American heritage and the indelible impression it has had at the judiciary, the media, and the public.

As the la improved Court's media liaison, Jerrianne Hayslett had unparalleled entry to the trial—and met with pass judgement on Lance Ito daily—as she tried, occasionally unsuccessfully, to mediate among the court docket and individuals of the media and to stability their pursuits. In Anatomy of a Trial, she takes readers backstage to shed new mild on humans and complaints and to teach how the media and the trial members replaced the court-media panorama to the detriment of the public's realizing of the judicial system.

For those that imagine they've already learn all there's to understand concerning the Simpson trial, this booklet is an eye-opener. Hayslett stored an in depth magazine through the complaints during which she recorded anecdotes and remark. She additionally stocks formerly undisclosed info to show a number of the myths and stereotypes perpetuated via the trial, whereas maintaining different tales that emerged in the course of that point. by way of studying this trial after greater than a decade, she indicates the way it has produced a bunker mentality within the judicial procedure, shaping media and public entry to courts with lasting effect on such elements as cameras within the court docket, jury choice, admonishments from the bench, and fair-trial/free-press tensions.

The first account of the trial written with pass judgement on Ito's cooperation, Anatomy of a Trial is a page-turning narrative and lines photos that trap either the drama of the court and the excesses of the media. it's also views of felony and journalism experts and gives a blueprint for the way the courts and media can larger meet their tasks to the public.

Even at the present time, judges, legal professionals, and newshounds around the nation say the Simpson trial replaced every thing. This e-book ultimately tells us why.

By Paul G. Haskell

In Why attorneys Behave as They Do, Paul Haskell explains the pro ideas that govern how attorneys behave and which permit-or require-conduct that laypersons may well locate unethical. In his feedback of the normal function of legal professionals, Haskell proposes an alternative-and controversial-model of habit.

By Ross Guberman

With Point Made, criminal writing professional Ross Guberman throws a existence preserver to legal professionals, who're less than extra strain than ever to provide compelling prose. what's the most powerful beginning for a movement or short? find out how to draft successful headings? easy methods to inform a persuasive tale while the checklist is dry and dense? The solutions are "more technology than art," says Guberman, who has analyzed stellar arguments via unique lawyers to enhance step by step directions for reaching the consequences you will have.

the writer takes an empirical technique, drawing seriously at the writings of the nation's 50 so much influential legal professionals, together with Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their techniques, demystified and damaged down into particular, learnable concepts, turn into a close writing advisor jam-packed with useful types. In FCC v. Fox, for instance, Kathleen Sullivan conjures the possibly harmful, accidental results of discovering for the opposite aspect (the "Why may still I Care?" technique). Arguing opposed to permitting the FCC to proceed fining broadcasters that permit the "F-word" slip out, she highlights the chilling impact those fines have on America's radio and television stations, "discouraging stay programming altogether, with attendant loss to worthy and colourful programming that has lengthy been a part of American culture."

each one bankruptcy of Point Made specializes in a in general tricky problem, delivering a strategic roadmap and functional assistance in addition to annotated examples of the way renowned legal professionals have resolved that problem in diverse trial and appellate briefs. brief examples and causes with enticing titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty fabrics with a mild tone, making the ideas effortless to recollect and observe.

By Curzon

Jurisprudence is an unlimited, open-ended, and infrequently daunting topic, relatively as a result of its hyperlinks with quite a few different disciplines, reminiscent of philosophy, sociologyand political technology. The solutions given within the textual content clarify the character and value of those hyperlinks and search to resolve their complexity. Descriptions and definitions of jurisprudential phrases are given in the course of the booklet.

By Stephen Gardiner, Simon Caney, Dale Jamieson, Henry Shue, Rajendra Kumar Pachauri

This assortment gathers a suite of seminal papers from the rising quarter of ethics and weather switch. themes coated comprise human rights, foreign justice, intergenerational ethics, person accountability, weather economics, and the ethics of geoengineering. Climate Ethics is meant to function a resource publication for common reference, and for collage classes that come with a spotlight at the human dimensions of weather swap. it may be of large curiosity to all these serious about worldwide justice, environmental technology and coverage, and the way forward for humanity.

By Norbert Paulo

The legislation serves a functionality that isn't frequently taken heavily adequate by means of ethicists, specifically practicability. A final result of practicability is that legislations calls for elaborated and specific methodologies that be certain the way to do issues with norms. This outcome kinds the center thought at the back of this publication, which employs tools from felony concept to notify and think about debates on technique in utilized ethics, quite bioethics. it's argued that most criminal equipment have opposite numbers in utilized ethics, which exhibits that a lot may be received from comparative learn of the 2.

The writer first outlines equipment as utilized in criminal conception, concentrating on deductive reasoning with statutes in addition to analogical reasoning with precedent instances. He then examines 3 consultant forms of modern moral theories, Beauchamp and Childress’s principlism, Jonsen and Toulmin’s casuistry, and types of consequentialism—Singer’s choice utilitarianism and Hooker’s rule-consequentialism—with regards to their tools. those examinations bring about the Morisprudence version for tactics in utilized ethics.

How the Chicago tuition Overshot the Mark is set the increase and up to date fall of yankee antitrust. it's a number of 15 essays, just about all expressing a deep main issue that conservative fiscal research is top judges and enforcement officers towards an procedure that would finally damage purchaser welfare.

For the prior forty years or so, U.S. antitrust has been ruled intellectually via an surprisingly conservative form of fiscal research. Its advocates, sometimes called "The Chicago School," argue that the unfastened industry (better than any unelected band of regulators) can do a greater task of accomplishing potency and inspiring innovation than intrusive law. The leading edge of Chicago university doctrine originated in academia and used to be popularized in books by way of great and leading edge legislations professors like Robert Bork and Richard Posner. Oddly, a reaction to that sort of conservative doctrine might be prepare via collections of ratings of articles yet beforehand can't be present in anyone booklet. This choice of essays is designed partly to treatment that scenario.

The chapters during this e-book have been written through teachers, former legislation enforcers, inner most area protection legal professionals, Republicans and Democrats, representatives of the left, correct and heart. nearly all agree that antitrust enforcement this day is healthier due to conservative research, yet nearly all additionally agree that there were examples of utmost interpretations and misinterpretations of conservative fiscal idea that experience led American antitrust within the incorrect path. the matter isn't with conservative financial research yet with these parts of that evaluation that experience "overshot the mark" generating an enforcement procedure that's highly beneficiant to the non-public area. If the rankings of practices that frequently were considered as anticompetitive are overlooked, or now not subjected to full of life enforcement, costs may be larger, caliber of goods reduce, and innovation lowered. in any case shoppers can pay.

By Pamela R. Tepper

Are looking to examine the fundamentals of transparent, powerful criminal writing? The utilized, sensible method of simple criminal Writing for Paralegals combines criminal suggestions and terminology with hands-on functions in felony drafting. It presents scholars with the entire simple instruments they should speak successfully within the felony box. this article introduces the most important strategies within the felony box of Contracts in a clean gentle, whereas providing the themes in a simple and accomplished demeanour. The Paralegal Supersite web site