25 resultados para Statute of frauds.
Resumo:
Case in which the King's Bench decided that a plaintiff could recover damages at common law for copyright infringement even though his work had not been registered with the Stationers' Company in accordance with the formalities set out in the Statute of Anne 1710 (uk_1710).
The case provides the first occasion on which the judiciary revisited and reconsidered the meaning of the House of Lords' decision in Donaldson v. Becket (uk_1774). The commentary explores the substance and significance of the decision and, in particular, the influence it had upon the manner in which the decision in Donaldson was subsequently understood throughout the early nineteenth century. The commentary also details the impact the decision had upon the extent to which publishers would adhere to the library deposit provision within the copyright legislation.
Resumo:
Legislation extending the effect of the Statute of Anne 1710 (uk_1710) to Ireland (following the Act of Union 1800 and the unification of Great Britain and Ireland), as well as the first statutory provision to make use of the term ‘copyright'. The commentary assesses the substance of the legislation, its relationship with the King's Bench decision of Beckford v. Hood (uk_1798a), and its impact upon the Irish book trade.
Resumo:
Legislation replacing the Statute of Anne 1710 (uk_1710) and providing that copyright in a literary work would last for twenty-eight years from the time of publication, but that ‘if the author shall be living' at the end of that period then the work was to be protected ‘for the residue of his natural life'.
The commentary explores the background to the legislation, and in particular the controversy over the library deposit provision in the wake of the decision in Beckford v. Hood (1798) (uk_1798a). The commentary suggests that the introduction of the reversionary lifetime copyright term had more to do with the opportunistic and timely intervention of one Member of Parliament (Samuel Egerton Brydges) than with any principled or considered position adopted on the part of the legislature.
Resumo:
The Irish hospitals sweepstake was established by statute in the Irish Free State in 1930 to fund the state’s hospital service. The vast majority of tickets were sold outside Ireland, particularly in countries where such gambling was illegal at the time. Initially the largest market was in the United Kingdom, but following the introduction of restrictive legislation there in 1934, the promoters of the sweepstake turned their attentions to North America and after 1936 the United States became the largest source of contributions to the Irish sweep. This article examines a number of factors concerning the relationship of the Irish sweep with the USA, including: an effort to estimate the amount of money contributed to the sweep by Americans; the role of the Irish diaspora and of prominent republicans, including Joseph McGarrity and Connie Neenan, in the illegal ticket distribution network; the efforts of American Federal agencies and government departments to disrupt the sweepstake organisation in America; how the sweep was used by those who sought to legalise gambling in the USA; the attitudes of both the Irish and American governments to the sweep’s activities in America; and how the legalisation of gambling in America brought about the demise of the Irish sweep.
Resumo:
Some geological fakes and frauds are carried out solely for financial gain (mining fraud), whereas others maybe have increasing aesthetic appeal (faked fossils) or academic advancement (fabricated data) as their motive. All types of geological fake or fraud can be ingenious and sophisticated, as demonstrated in this article. Fake gems, faked fossils and mining fraud are common examples where monetary profit is to blame: nonetheless these may impact both scientific theory and the reputation of geologists and Earth scientists. The substitution or fabrication of both physical and intellectual data also occurs for no direct financial gain, such as career advancement or establishment of belief (e.g. evolution vs. creationism). Knowledge of such fakes and frauds may assist in spotting undetected geological crimes: application of geoforensic techniques helps the scientific community to detect such activity, which ultimately undermines scientific integrity.
Resumo:
Purpose – In 2012, the European food industry was hit by a food fraud: horsemeat was found in
pre-prepared foods, without any declaration on the package. This is commonly referred to as the
“horsemeat scandal”. The purpose of this paper is to investigate consumers’ preferences across
Europe for a selected ready meal, ready to heat (RTH) fresh lasagne, to consider whether the effects of
potential food frauds on consumers’ choices can be mitigated by introducing enhanced standards of
RTH products.
Design/methodology/approach – An online survey was administered to 4,598 consumers of RTH
lasagne in six European countries (Republic of Ireland, France, Italy, Spain, Germany and Norway),
applying discrete choice experiments to estimate consumers’ willingness to pay for enhanced food
safety standards and highlight differences between countries.
Findings – Many similarities across countries emerged, as well as some differences. Consumers in
Europe are highly concerned with the authenticity of the meat in ready meals and strongly prefer to
know that ingredients are nationally sourced. Strong regional differences in price premiums exist for
enhanced food safety standards.
Originality/value – This research adds relevant insights in the analysis of consumers’ reaction to
food fraud, providing practical guidelines on the most appropriate practices that producers should
adopt and on the information to reduce food risk perception among consumers. This would prove
beneficial for the food processing industry and the European Union. The survey is based on a
representative sample of European consumers making this the largest cross-country study of this kind.
Resumo:
This paper argues that an important part of ensuring the jurisdictional basis of the crime of aggression is to secure a partnership between the UN Security Council and the ICC. Such a partnership should be conducive towards the reality of holding to account individuals that undertake an illegal use of force. This Paper puts forward guiding principles for a model that would benefit a constructive institutional relationship between the Council and the Court. It is through the application of these five guiding principles that the inclusion of the crime of aggression in the Rome Statute can translate into a constructive relationship between the International Criminal Court and the Security Council for the betterment of international peace and security as well as international justice. I maintain that it would be damaging to both the legitimacy and operational effectiveness of the Security Council and the ICC and detrimental to the overall institutional relationship if the final outcome proves unfavourable to international action against the crime of aggression and nothing more than dead letter law. Essentially the key to a viable cooperation regime between the Court and the Council will hinge on shared objectives regarding the crime of aggression rather than opposing views, namely combating impunity by holding individuals accountable for the illegal use of force.
Resumo:
The Commentary on the Law of the International Criminal Court provides an online provision-by-provision analysis of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court.