Art Law and Transactions

Author: Anne-Marie Rhodes
Publisher:
ISBN: 9781594607738
Format: PDF, ePub, Mobi
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Art Law & Transactions presents art law along a transactional timeline of acquisition, ownership, and disposition. Issues are framed within an art market orientation to immediately challenge students to think like lawyers. The transactional focus reveals the uneven development of art law as works of art alternate between ordinary commercial status and exceptional status. The chapters on Acquisition explore the three major acquisition venues (from an artist, a dealer, or at auction) and the core legal issues of authenticity and title. The chapters on Ownership begin with crossing borders, followed by moral rights, and art loans. Disposition concludes the transactional timeline with sales and exchanges (echoing acquisition), gratuitous dispositions (to family, friends, and charities), and valuation. Historic and contemporary vignettes from the domestic and international art world are sprinkled throughout the book to engage the reader and to underscore art law s roots and global impact. In addition to traditional and current art law cases, the transactional format uniquely incorporates student drafting exercises. For example, the first Chapter, "Acquisition from an Artist," includes two commission agreements one by an artist, the other by a lawyer. Students can readily see what each party values and use that to fashion an agreement for Mr. Smith, the hypothetical client. Mr. Smith appears regularly throughout the book: buying through a dealer, importing from abroad, lending to a museum, acting as an estate fiduciary, and bequeathing art in his will. The exercises are optional and could be used as team projects or negotiation exercises. Statutory materials, international treaties, and conventions are provided on a CD.

Mastering Art Law

Author: Herbert I. Lazerow
Publisher:
ISBN: 9781594609176
Format: PDF, ePub, Docs
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This book tracks all published Art Law casebooks. It begins by asking what art is, and why there should be special rules for it. It then deals with the treatment of art in war and occupation; the international movement of art in commerce; artists' rights and responsibilities like freedom of expression, copyright, and taxes; problems of authenticity and title; relationships between artists, collectors, dealers and auctioneers; law governing the organization and operation of museums, including employment law; the preservation of U.S. artistic heritage using historic preservation law; rules governing artifacts found both on land and under water, as well as special rules applicable to Native American artifacts; and issues of transnational litigation frequently encountered in art law controversies. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.

Law of the U s mexico Border

Author: Reich
Publisher:
ISBN: 9781594601644
Format: PDF
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This casebook is the first to focus on the interaction of the U.S. legal system with Mexican law in the border region. The work presents American court decisions supplemented with the author¿s commentary and study questions. As the U.S.-Mexico border has generated a wide array of controversies, the casebook covers boundary questions, border detentions, immigrants¿ rights, family law, real estate transactions, finance and trade, torts, crimes, environmental law, and Mexican law within the United States. It will teach law students in law, public policy, and undergraduate courses about the power and limitations of law in resolving border-related disputes.

Business Franchise Law

Author: Jeffrey A. Schneider
Publisher:
ISBN: 9780890894422
Format: PDF
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Although franchising has become one of the most common means of operating and expanding businesses, relatively few lawyers are prepared to counsel or represent clients in franchise transactions or disputes. While traditional contract law contemplates reducing a fixed agreement to black and white, the franchise relationship (albeit documented by a contract) is necessarily organic and amorphous. The franchisor must be able to grow and adapt its business over time and thereby cause its franchisees to adapt. This book is primarily a compilation of short stories found in entertaining and severely edited cases, most of which include as their protagonists a franchisor or a franchisee. Schneider and Nye have chosen cases not primarily for their precedential value, but rather for their effective explanations of the law, the policy behind the law, and the stories behind the policy behind the law. This book is designed for a semester course on franchise law without any prerequisites. Nevertheless, even students with a background in trademark law, anti-trust, contracts, and civil procedure will find that the chapters on those subjects enhance, rather than review, their earlier studies.

Commercial Leasing

Author: Daniel B. Bogart
Publisher:
ISBN: 9781594601057
Format: PDF, Mobi
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This book is the first among legal textbooks to examine a crucial component of real property practice: commercial lease law. Commercial leasing is the lifeblood of commercial real property development in the United States. Real property lawyers regularly represent landlords, tenants and lenders in the leasing of commercial space. This area of practice is transactional and centers on a single negotiated document — the commercial lease. By the end of a course based on this book, students will have developed a genuine understanding of the major terms of the commercial office lease, the goals and objectives of parties to the transaction, and the skills crucial to effective representation.Bogart and Hammond have crafted a book uniquely suited to teaching this important area of practice. The book utilizes a sophisticated commercial office lease form promulgated by the ABA. Each chapter focuses on a particular lease provision. Chapters pull apart contractual language and terms of art, reveal the motivations of the parties to the deal, and finally, examine the underlying substantive law. In addition to presenting interesting case opinions, each chapter provides numerous challenging, real-world problems. Chapters typically conclude by asking students to apply what they have learned to provisions taken from the much-publicized “Killer Lease.” The book includes a chapter explicitly discussing professionalism, ethics and negotiations, and contains drafting and negotiation exercises that force students to pull together skills and substantive law lessons. This book will form the basis of an exciting elective real estate transactions course.

Mastering Legal Analysis and Drafting

Author: George W. Kuney
Publisher:
ISBN: 9781594606281
Format: PDF, Kindle
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Mastering Legal Analysis and Drafting seeks to emphasize the fundamental structure and methods of legal drafting, which, the authors contend, is grounded in a surprisingly few but elemental rules and techniques of legal analysis and deployment of legal authorities amid relevant facts. It is designed to help the novice legal drafter identify those elemental rules and techniques and show how they are used to prepare effective legal writing in different formats, most of which share common elements and structures. The book begins with a discussion of legal analysis, followed by a discussion of general drafting principles and rules, and then proceeds to apply these concepts in the following chapters to specific forms of legal writing including: client letters, demand letters, research memoranda, motions and supporting documents, appellate briefs, contracts and instruments, and legislation. It closes with a chapter on “writing to build a record” that reprises the other chapters and highlights the key concepts.

Licensing Intellectual Property in the Information Age

Author: Kenneth L. Port
Publisher:
ISBN: 9780890898901
Format: PDF, ePub, Docs
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In addition to adding Jay Dratler, one of America?s leading authorities on licensing intellectual property, and Barbara Wrigley, a practitioner with many years experience in the field, to the list of co-authors, the Second Edition of Intellectual Property Licensing in the Information Age (formerly Licensing Intellectual Property in the Digital Age) has been largely redone. Keeping the same basic structure, each chapter has been updated with the most current developments in licensing law. Chapter 2 now works as a much more efficient introduction to intellectual property. Additionally, with the inclusion of the Uniform Electronic Transactions Act in Chapter 8 and an entirely new chapter on Biotechnology, the book is now the most up-to-date and authoritative textbook available.The book emphasizes application in actual situations, with chapters designed to simulate the work flow a lawyer is likely to face in the negotiation, formation, and enforcement of an intellectual property license. A teacher?s manual will be available.

Art Cultural Heritage and the Law

Author: Patty Gerstenblith
Publisher:
ISBN: 9781611632040
Format: PDF, Mobi
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"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."

Long Way Home

Author: Laura Caldwell
Publisher: Northwestern University Press
ISBN: 0810128268
Format: PDF, Kindle
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Falsely accused of murder, Jovan Mosley spends six years in a Supermax prison until two lawyers bring his case to trial and exonerate him.