Gain-based damages : contract, tort, equity, and intellectual property / James Edelman

• Record Nr.: UNINA9910784276703321
• Autore: Edelman James
• Pubbl/distr/stampa: Oxford ; Portland, Oregon, : Hart Publishing, 2002
• ISBN: 1-4725-5920-7; 1-280-80791-1; 9786610807918; 1-84731-047-8
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (314 p.)
• Disciplina: 347.42077
• Soggetti: Damages - England; Damages - Wales
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographic references (pages [265]-273) and index
• Nota di contenuto: INTRODUCTION -- 1 THE NATURE OF "DAMAGES" -- 2 THE CATEGORY OF CIVIL WRONGS -- 3 TWO MEASURES OF GAIN-BASED DAMAGES -- 4 TORTS -- 5 BREACH OF CONTRACT -- 6 EQUITABLE WRONGS -- 7 INTELLECTUAL PROPERTY WRONGS -- 8 CONCLUSIONS
• Sommario/riassunto: On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits ; from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards

A fierce green fire : the American environmental movement / / Philip Shabecoff

• Record Nr.: UNINA9910952256603321
• Autore: Shabecoff Philip <1934->
• Pubbl/distr/stampa: Washington, DC, : Island Press, c2003
• ISBN: 9781597267595; 1597267597; 9781417539109; 1417539100
• Edizione: [Rev. ed.]
• Descrizione fisica: 1 online resource (xvi, 343 pages)
• Disciplina: 363.7/057/0973
• Soggetti: Environmentalism - United States - History; Environmental policy - United States - History; Environmental protection - United States - History
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Bibliographic Level Mode of Issuance: Monograph
• Nota di bibliografia: Includes bibliographical references (p. 329-333) and index.
• Nota di contenuto: The garden and the wilderness -- Subduing nature -- The awakening -- Keepers of the house -- Saving ourselves -- The environmental revolution -- Saving land -- Saving life -- The search for pax Gaia -- The counterrevolution -- The new people's army -- The third wave -- ; Ebb tide -- Rebuilding the house.
• Sommario/riassunto: In A Fierce Green Fire, renowned environmental journalist Philip Shabecoff presents the definitive history of American environmentalism from the earliest days of the republic to the present. He offers a sweeping overview of the contemporary environmental movement and the political, economic, social and ethical forces that have shaped it. More importantly, he considers what today's environmental movement needs to do if it is to fight off the powerful forces that oppose it and succeed in its mission of protecting the American people, their habitat, and their future. Shabecoff traces the ecological transformation of North America as a result of the mass migration of Europeans to the New World, showing how the environmental impulse slowly formed among a growing number of Americans until, by the last third of the 20th Century, environmentalism emerged as a major social and cultural movement. The efforts of key environmental figures -- among them Henry David Thoreau, George Perkins Marsh, Theodore Roosevelt, Gifford Pinchot, John Muir, Aldo Leopold, David Brower, Barry Commoner, and Rachel Carson -- are examined. So, too, are the activities of non-governmental environmental groups as well as government agencies such as the EPA and Interior Department, along with grassroots efforts of Americans in communities across the country. The author also describes the economic and ideological forces aligned against environmentalism and their increasing successes in recent decades. Originally published in 1993, this new edition brings the story up to date with an analysis of how the administration of George W. Bush is seeking to dismantle a half-century of progress in protecting the land and its people, and a consideration of the growing international effort to protect Earth's life-support systems and the obstacles that the United States government is placing before that effort. In a forward-looking final chapter, Shabecoff casts a cold eye on just what the environmental movement must do to address the challenges it faces. Now, at this time when environmental law, institutions, and values are under increased attack -- and opponents of environmentalism are enjoying overwhelming political and economic power -- A Fierce Green Fire is a vital reminder of how far we have come in protecting our environment and how much we have to lose.