📒 Unfair by Adam Benforado

Genre : Psychology
Publisher : Broadway Books
ISBN_10 : 9780770437770
Copyright Year : 2015-06-16
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"A law professor sounds an explosive alarm on the hidden unfairness of our legal system." —Kirkus Reviews, starred A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law. From the Hardcover edition.

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Genre : Law
Publisher : Springer Science & Business Media
ISBN_10 : 9783540718826
Copyright Year : 2007-07-28
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This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.

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Genre : Business & Economics
Publisher : Simon and Schuster
ISBN_10 : 9780743286619
Copyright Year : 2005-06-08
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A Silicon Valley veteran and author of the bestseller High Tech Start Up reveals the nature of unfair advantage -- that holy grail for every company, the mysterious quality that separates successful businesses from the nine out of ten that fail -- and then shows how to create an unfair advantage, build it into a business plan, and use it to maximum effect. Nesheim's first book, originally self-published during Silicon Valley's wild west days in the 1990s, quickly moved from underground hit to business bestseller. He witnessed the incredible highs and lows of the Internet bubble, and he got an intimate look at why some companies weathered the storm while others went under. Now, in The Power of Unfair Advantage, Nesheim shows you how to bring the pioneer spirit to your new enterprise -- whether you are starting a new company or trying to breathe new life into an old dog. Unfair advantage is an enduring but often overlooked dynamic and a crucial aspect of any successful business endeavor. To show you how to attain unfair advantage over your competitors, he begins with a clear model: Outsource everything you are not good at, concentrate on those things that can be differentiated, and strive for a unique, consistent difference that cannot be copied. Integrating these maxims with other essential elements, he demonstrates, with dozens of case studies, how to orchestrate unfair advantage through marketing, sales, engineering, and operations. Unfair advantage can take many forms. Pager maker RIM rocketed to the top of the mobile wireless email market with Blackberry by employing an unfair advantage that it alone possessed -- pager technology and pager infrastructure. Alternately, an unfair advantage can come from a unique relationship with a strategic alliance partner, as when Flextronics pulled Handspring out of a life-threatening crisis. The Power of Unfair Advantage is an essential handbook for every manager who is responsible for introducing a new product or service and every entrepreneur and would-be who plans to start a company. Unfair advantage is here to stay -- learn how to lasso its power, rise above the competition, and build a flourishing, long-lasting business.

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📒 Unfair Competition Law by Frauke Henning-Bodewig

Genre : Law
Publisher : Kluwer Law International B.V.
ISBN_10 : 9789041123299
Copyright Year : 2006-01-01
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The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.

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Genre : Law
Publisher : BRILL
ISBN_10 : 9789004150409
Copyright Year : 2006
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The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.

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📒 Business Torts And Unfair Competition Handbook by American Bar Association. Section of Antitrust Law

Genre : Law
Publisher : American Bar Association
ISBN_10 : 1590316533
Copyright Year : 2006
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This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.

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📒 Unfair Trading Practices by Dennis Campbell

Genre : Law
Publisher : Kluwer Law International B.V.
ISBN_10 : 9789041107213
Copyright Year : 1997-09-17
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The use of unfair trading practices constitutes a breach of the law against unfair competition. The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies' obtaining monopolies and then ruthlessly exercising market dominance. The ability of other companies to freely compete with such entities is necessary to protect consumers from, for example, highly inflated prices. On the other hand, the right to compete must be tempered to avoid abuse by traders using unscrupulous methods to sell products or services. Such misuse also threatens to impede the businesses of others and breach the principle of fair competition. This subject is particularly relevant in today's society, where competition plays such an important role and new technologies, such as the Internet, provide more and more room for competition. This special volume of the Comparative Law Yearbook of International Business addresses this important, controversial subject. It gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide. Each contribution is provided by a leading practitioner in the area of competition law. As a result, Unfair Trading Practices is a useful tool for anyone having to deal with unfair acts in the course of trading.

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Genre : Allgemeine Geschäftsbedingungen
Publisher : Sweet & Maxwell
ISBN_10 : 9780414045767
Copyright Year : 2011-01-01
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For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.

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📒 Regulating Unfair Trade by Pietro S. Nivola

Genre : Political Science
Publisher : Brookings Institution Press
ISBN_10 : 081572036X
Copyright Year : 2010-12-01
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In the early 1980s, American complaints about unfair trade practices began to intensify. Sunrise industries, such as manufacturers of semiconductors and telecommunications equipment, joined older complainants, including steel and textile producers, in seeking more safeguards against international competitors who priced their products too aggressively or whose governments subsidized exports or protected home markets. In this politically charged atmosphere, the U.S. government has devised increasingly stringent regulatory programs to address the claimed abuses and distortions. In this book, Pietro Nivola examines the strenuous effort to combat the objectionable trading practices of other countries. Through most of the postwar period, Nivola notes, policymakers had deemed it in the nation's economic and strategic interests to tolerate asymmetries and infractions in the international trading order. But that tolerance has been sharply lowered by heightened sensitivity to inequities, and a growing conviction that government should intervene, frequently and forcefully, to ensure a "level playing field." The book maintains that foreign protectionism lower East-West tensions, and alleged American decline in the face of international competition cannot fully explain the stiffening regulation of unfair trade. The world trading system, Nivola contends, is not more restrictive now than it was earlier. Cries about foreign commercial transgressions in recent years have remained shrill despite a formidable U.S. export boom and an improved current account valance. Much of the U.S. regulatory activity has acquired a political momentum of its own. The activity has increased not just because global competitive pressures have generally intensified but because we have developed more ways and inducement to complain about those pressures. Nivola cautions that trade regulations now bears too much of the burden for ameliorating economic imbalances and deficiencies. The tendency adds to a sense of frustration that fuels demands for additional regulations. While recognizing the need for an explicit and responsible trade policy, Nivola concludes that such a policy must be based, first and foremost, on realistic expectations. Trade actions need to compliment, not subordinate, a more basic agenda: improvement in the national rates of saving and investment, better preparation of the work force, control of runaway health care costs, less litigation, and more regulatory reform—all of which are likely to be far more consequential for the nation's long-term competitiveness and living standards.

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📒 Model Provisions On Protection Against Unfair Competition by World Intellectual Property Organization

Genre : Law
Publisher : WIPO
ISBN_10 : 9280506420
Copyright Year : 1996
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Published in 1996. These model provisions were prepared by the WIPO secretariat and give, where appropriate, explanatory notes on the provisions in question. There are a total of six articles, ranging from general principles to causing confusion, damaging goodwill or reputation, misleading the public and the use of secret information.

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