customs law trade law law casebook carolina academic press law casebook

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Customs Law

Author : Damon V. Pike
ISBN : 1594609209
Genre : Law
File Size : 70. 33 MB
Format : PDF, Docs
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As the world's largest economy, the Unites States imports and exports more merchandise than any other country. This book covers the “nuts and bolts” of laws administered by U.S. Customs and Border Protection (“CBP”), the agency charged with regulating imports into the U.S. and collecting duties, import fees, and related taxes. Those laws and regulations center on the tariff classification of merchandise under the Harmonized System (as set forth in the Harmonized Tariff Schedule of the U.S.), the valuation of goods under the GATT (now WTO) Valuation Agreement, and the rules (both preferential and non-preferential) for determining “country of origin.” The book also covers the entry and recordkeeping process for imports, intellectual property protection, CBP's penalty regime, the use of preferential trade programs (specifically examining the North American Free Trade Agreement and its attendant Rules of Origin and Regional Value Content calculations), marking requirements, and the relationship of income tax transfer pricing rules in determining how inter-company pricing impacts declared customs values and, thus, global corporate income taxes. The system of judicial review by the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit is also covered. Finally, the book summarizes the requirements of 47 other federal agencies that CBP is charged with administering and enforcing with respect to imported merchandise.

Art Law And Transactions

Author : Anne-Marie Rhodes
ISBN : 1594607737
Genre : Law
File Size : 69. 72 MB
Format : PDF, ePub
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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.

American Book Publishing Record

Author : Bowker Staff
ISBN : 0835240851
Genre : Reference
File Size : 88. 1 MB
Format : PDF, ePub, Mobi
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Kentucky Legal Research

Author : William A. Hilyerd
ISBN : 1611637074
Genre : Legal research
File Size : 56. 63 MB
Format : PDF
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Kentucky Legal Research can be used as a textbook for teaching both first-year and advanced legal research courses, and in paralegal instruction. It is written in clear language with a process-oriented approach designed to make complex procedures accessible to readers. The first chapter discusses the research process and the rudiments of legal analysis. Following chapters discuss the state constitution, researching judicial opinions in law reporters, statutory research, finding the legislative history of statutes, and administrative law. The book concludes with chapters on court rules, updating with citators, secondary sources, and online legal research. There is an appendix that briefly discusses legal citation under Kentucky rules and customs, the Bluebook, and the ALWD manual. The second edition features revised and expanded chapters on citators and online research. The administrative law chapter has been expanded and new databases such as Bloomberg Law are now included throughout the text.

Art And Museum Law

Author : Robert C. Lind
ISBN : STANFORD:36105060251340
Genre : Law
File Size : 47. 36 MB
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Art Cultural Heritage And The Law

Author : Patty Gerstenblith
ISBN : 1611632048
Genre : Law
File Size : 80. 11 MB
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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."

Trade And The Environment

Author : Chris Wold
ISBN : STANFORD:36105063987403
Genre : Law
File Size : 75. 54 MB
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Since 1991, when a panel of the General Agreement on Tariffs and Trade (GATT) found that U.S. import restrictions on tuna from countries with high dolphin mortality violated GATT's trade rules, an entire field of law has emerged called “Trade and the Environment.” This book provides a thorough and balanced assessment of this developing area of law that affects consumer, regulatory and trade policy choices for governments around the world. It encompasses trade agreements and the evolving jurisprudence, from the 1991 tuna-dolphin case up to actions on agricultural subsidies in late 2004.This book is designed to teach students with no prior background in trade law or environmental law. It is also designed to be equally accessible to students and professors from civil law as well as common law jurisdictions. Opening chapters present key trade and environmental policy theories and concepts, and introduce the structure of the World Trade Organization (WTO) and its process for adjudicating trade disputes. Substantive chapters comprehensively assess the GATT's core obligations and the “general exceptions” to those obligations for certain types of environmental measures. WTO agreements such as the Agreement on Technical Barriers to Trade, the Agreement on Application of Sanitary and Phytosanitary Measures, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Agriculture are covered. There are substantial excerpts from decisions in the key trade-environment disputes, including the famous cases addressing protection of sea turtles in shrimp fisheries, growth hormones and risk assessment, natural resource and agricultural subsidies, and bans on the use of asbestos. Unresolved issues such as ecolabels and genetically modified foods and the legal status of trade measures in multilateral environmental agreements are also discussed. In addition, the book has a chapter on the North American Free Trade Agreement (NAFTA) and its environmental side agreement, including investment provisions and investor-State arbitration.Throughout, the book presents policy arguments about the connections between trade and environmental protection and the linkage with broader concerns about sustainable development and the economic and environmental prospects for developing countries. It also considers the work of international institutions created to address these connections and the role of public participation in both disputes and trade agreement negotiations.Because the complexity of trade and environment issues often obscures the real significance of the decisions, a special feature of this book is extensive background material and commentary and numerous “Questions and Discussion” points. These features are designed to make trade policy and trade jurisprudence accessible to teachers and students alike.

International Criminal Law Cases And Materials

Author : Ellen S. Podgor
ISBN : 9780327175124
Genre : Law
File Size : 64. 51 MB
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International Criminal Law provides a set of teaching materials furnishing students with a grounding in the transnational issues likely to arise in federal criminal cases, and also in the law produced as a consequence of international efforts to impose criminal responsibility on the perpetrators of human rights atrocities. International Criminal Law offers, for teaching purposes, a collection of cases (mainly domestic) and other materials, together with notes and questions about those cases and materials. The first part introduces the field of international criminal law, and includes a chapter on the general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals. The second part covers the specific application of those principles to cases involving the Foreign Corrupt Practices Act, antitrust and securities regulation, export controls, computer crimes, narcotics and money laundering, piracy and terrorism, and torture. The third part addresses procedural aspects of trying such cases in U.S. courts. This section also treats the extraterritorial application of the U.S. Constitution, immunities from jurisdiction, mutual assistance in criminal cases, extradition, alternatives to extradition, prisoner transfers, recognition of foreign criminal judgments, and the bearing on international human rights instruments on criminal procedure. The final part of International Criminal Law deals with the prosecution of international crimes, and takes up the question of what crimes constitute international crimes. This section also discusses the Nuremberg and Tokyo precedents, the ad hoc tribunals for the former Yugoslavia and for Rwanda, the Rome Statute of the International Criminal Court, and the substantive law of international crimes such as aggression, genocide, crimes against humanity, and war crimes. International Criminal Law is supplemented annually. This eBook features links to Lexis Advance for further legal research options.

The Indigo Book

Author : Christopher Jon Sprigman
ISBN : 9781892628022
Genre : Citation of legal authorities
File Size : 30. 46 MB
Format : PDF, Kindle
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This public domain book is an open and compatible implementation of the Uniform System of Citation.

Understanding Immigration Law

Author : Kevin R. Johnson
ISBN : 9780769881973
Genre : Law
File Size : 73. 30 MB
Format : PDF, Mobi
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The Second Edition of Understanding Immigration Law lays out the basics of U.S. immigration law in an accessible way to newcomers to the field. It offers background about the intellectual, historical, and constitutional foundations of U.S. immigration law. The eBook also identifies the factors that have historically fueled migration to the United States, including the economic "pull" of jobs and family in the United States and the "push" of economic hardship, political instability, and other facts of life in the sending country. In the middle chapters, the authors provide a capsule summary of the law concerning the admissions and removal procedures and criteria in the Immigration and Nationality Act. The book ends with a chapter speculating about the future of U.S. immigration law and the challenges and opportunities facing the nation. This eBook provides a comprehensive overview of U.S. immigration law. It has been designed to supplement the most widely adopted immigration law casebooks. The eBook versions of this title feature links to Lexis Advance for further legal research options.

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