The Law and the Dead

Author: Heather Conway
Publisher: Routledge
ISBN: 1317964330
Format: PDF, Docs
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The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased’s remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.

Choreographing Copyright

Author: Anthea Kraut
Publisher: Oxford University Press
ISBN: 0199360383
Format: PDF, Mobi
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Choreographing Copyright is a new historical and cultural analysis of U.S. dance-makers' investment in intellectual property rights. Stretching from the late nineteenth century to the early twenty-first, the book reconstructs efforts to win copyright protection for choreography and teases out their raced and gendered politics, showing how dancers have embraced intellectual property rights as a means to both consolidate and contest racial and gendered power. A number of the artists featured in the book are well-known in the history of American dance, including Loie Fuller, Hanya Holm, and Martha Graham, Agnes de Mille, and George Balanchine. But the book also uncovers a host of marginalized figures--from the South Asian dancer Mohammed Ismail, to the African American pantomimist Johnny Hudgins, to the African American blues singer Alberta Hunter, to the white burlesque dancer Faith Dane--who were equally interested in positioning themselves as subjects rather than objects of property. Drawing on critical race and feminist theories and on cultural studies of copyright, Choreographing Copyright offers fresh insight into the raced and gendered hierarchies that govern the theatrical marketplace, white women's historically contingent relationship to property rights, legacies of ownership of black bodies and appropriation of non-white labor, and the tension between dance's ephemerality and its reproducibility.

The Eureka Myth

Author: Jessica Silbey
Publisher: Stanford University Press
ISBN: 0804793530
Format: PDF, Docs
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Are innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the "progress of science and the useful arts" has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centering on the stories told by artists, scientists, their employers, lawyers and managers, describing how and why they create and innovate and whether or how IP law plays a role in their activities. Their employers, business partners, managers, and lawyers also describe their role in facilitating the creative and innovative work. Silbey's connections and distinctions made between the stories and statutes serve to inform present and future innovative and creative communities. Breaking new ground in its examination of the U.S. economy and cultural identity, The Eureka Myth draws out new and surprising conclusions about the sometimes misinterpreted relationships between creativity and intellectual property protections.

The Right of Publicity

Author: Jennifer E. Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Format: PDF, Kindle
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Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Dead Hands

Author: Lawrence M. Friedman
Publisher: Stanford University Press
ISBN: 9780804771085
Format: PDF, ePub
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The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about. Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. Dead Hands uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.

I the Supreme

Author: Augusto Antonio Roa Bastos
Publisher: Dalkey Archive Press
ISBN: 9781564782472
Format: PDF, ePub, Docs
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"An elaborate and erudite opus saturated in the verbal bravura of classic modernism." The New Yorker

Flags of Our Fathers

Author: James Bradley
Publisher: Delacorte Books for Young Readers
ISBN: 0307979261
Format: PDF
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Now abridged for young people, Flags of Our Fathers is the unforgettable chronicle of perhaps the most famous moment in American military history: the raising of the U. S. flag at Iwo Jima. Here is the true story behind the immortal photograph that has come to symbolize the courage and indomitable will of America. In February 1945, American Marines plunged into the surf at Iwo Jima–and into history. The son of one of the flag raisers has written a powerful account of six very different men who came together in the heroic battle for the Pacific’s most crucial island.

Gangs of America

Author: Ted Nace
Publisher: Berrett-Koehler Publishers
ISBN: 1609943481
Format: PDF, Mobi
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The corporation has become the core institution of the modern world. Designed to seek profit and power, it has pursued both with endless tenacity, steadily bending the framework of law and even challenging the sovereign status of the state. Where did the corporation come from? How did it get so much power? What is its ultimate trajectory? After he sold his successful computer book publishing business to a large corporation, Ted Nace felt increasingly driven to find answers to these questions. In Gangs of America he details the rise of corporate power in America through a series of fascinating stories, each organized around a different facet of the central question: "How did corporations get more rights than people?" Beginning with the origin of the corporation in medieval Great Britain, Nace traces both the events that shaped the evolution of corporate power and the colorful personalities who played major roles. Gangs of America is a uniquely accessible synthesis of the latest scholarly research, a compelling historical narrative, and a distinctive personal voice.