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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries that were part of the British Empire in the 20th century, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
Victoria Claflin Woodhull, later Victoria Woodhull Martin, was an American leader of the women's suffrage movement who ran for president of the United States in the 1872 election. While many historians and authors agree that Woodhull was the first woman to run for the presidency, some disagree with classifying it as a true candidacy because she was younger than the constitutionally mandated age of 35.
Eldred v. Ashcroft, 537 U.S. 186 (2003), was a decision by the Supreme Court of the United States upholding the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (CTEA). The practical result of this was to prevent a number of works from entering the public domain in 1998 and following years, as would have occurred under the Copyright Act of 1976. Materials which the plaintiffs had worked with and were ready to republish were now unavailable due to copyright restrictions.
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity.
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
The Comstock laws are a set of federal acts passed by the United States Congress under the Grant administration along with related state laws. The "parent" act was passed on March 3, 1873, as the Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use. This Act criminalized any use of the U.S. Postal Service to send any of the following items: obscenity, contraceptives, abortifacients, sex toys, personal letters with any sexual content or information, or any information regarding the above items.
Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to keep the states from intruding on the enumerated powers of the U.S. federal government.
The cy-près doctrine is a legal doctrine which allows a court to amend a legal document to enforce it "as near as possible" to the original intent of the instrument, in situations where it becomes impossible, impracticable, or illegal to enforce it under its original terms. The doctrine first arose in the English courts of equity, originating in the law of charitable trusts, but it has since been applied in the context of class action settlements in the United States.
William Claflin was an American politician, industrialist and philanthropist from Massachusetts. He served as the 27th Governor of the Commonwealth of Massachusetts from 1869 to 1872 and as a member of the United States Congress from 1877 to 1881. He also served as chairman of the Republican National Committee from 1868 to 1872, serving as a moderating force between the Radical and moderate wings of the Republican Party. His name is given to Claflin University in South Carolina, a historically black college founded with funding from him and his father.
The public trust doctrine is the principle that the sovereign holds in trust for public use some resources such as shoreline between the high and low tide lines, regardless of private property ownership.
Tax shelters are any method of reducing taxable income resulting in a reduction of the payments to tax collecting entities, including state and federal governments. The methodology can vary depending on local and international tax laws.
The theology of Martin Luther was instrumental in influencing the Protestant Reformation, specifically topics dealing with justification by faith, the relationship between the Law and Gospel, and various other theological ideas. Although Luther never wrote a systematic theology or a "summa" in the style of St. Thomas Aquinas, many of his ideas were systematized in the Lutheran Confessions.
Drainage law is a specific area of water law related to drainage of surface water on real property. It is particularly important in areas where freshwater is scarce, flooding is common, or water is in high demand for agricultural or commercial purposes.
The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities. In 1984, the Montana Supreme Court held that the streambed of any river or stream that has the capability to be used for recreation can be accessed by the public regardless of whether the river is navigable or who owns the streambed property. On January 16, 2014, the Montana Supreme Court, in a lawsuit filed by the Public Land/Water Access Association over access via county bridges on the Ruby river in Madison County, Montana reaffirmed the Montana Stream Access Law and the public's right to access rivers in Montana from public easements.
This collection of lists of law topics collects the names of topics related to law. Everything related to law, even quite remotely, should be included on the alphabetical list, and on the appropriate topic lists. All links on topical lists should also appear in the main alphabetical listing. The process of creating lists is ongoing – these lists are neither complete nor up-to-date – if you see an article that should be listed but is not, please update the lists accordingly. You may also want to include Wikiproject Law talk page banners on the relevant pages.
Charitable trusts in English law are a form of express trust dedicated to charitable goals. There are various advantages to charitable trust status, including exemption from most forms of tax and freedom for the trustees not found in other types of English trusts. To be a valid charitable trust, the organization must demonstrate both a charitable purpose and a public benefit. Applicable charitable purposes are normally divided into categories for public benefit, including the relief of poverty, the promotion of education, the advancement of health and saving of lives, the promotion of religion, and all other types of trusts recognized by the law. There is also a requirement that the trust's purposes benefit the public, and not simply a group of private individuals.
The cy-pres doctrine in English law is an element of trusts law that deals with charitable trusts. The doctrine states that when such a trust has failed because its purposes are either impossible or cannot be fulfilled, the High Court of Justice or the Charity Commission can issue an order redirecting the trust's funds to the nearest possible purpose. For charities worth under £5,000 and without land, the trustees may decide to redirect the trust's funds. The doctrine was initially part of ecclesiastical law, originating from the Norman French phrase cy près comme possible, but similar and possibly ancestral provisions have been found in Roman law, both in the Corpus Juris Civilis and later Byzantine law.
Gloria Blackwell, also known as Gloria Rackley, was an African-American civil rights activist and educator. She was at the center of the Civil Rights Movement in Orangeburg, South Carolina during the 1960s, attracting some national attention and a visit by Dr. Martin Luther King of the Southern Christian Leadership Conference. Her activities were widely covered by the local press.
Woodhull & Claflin's Weekly was an American weekly newspaper first published on May 14, 1870 by sisters Victoria Woodhull and Tennessee Claflin. It was among the first publications to be published by women. It lasted until June 10, 1876.
Khoo Jeffrey and others v Life Bible-Presbyterian Church and others [2011] SGCA is a landmark case decided in 2011 by the Court of Appeal of Singapore. It is the first case in Singapore which the apex court considered the issue of a breach of a charitable purpose trusts when a religious charity is alleged to have deviated from the fundamental principles upon which it was founded.
References
- Wiedenbeck, Peter (Fall 1985). "Missouri's Repeal of the Claflin Doctrine--New View of the Policy against Perpetuities". Missouri Law Review. 50 (4): 805–839. Retrieved 19 July 2017.
- Friedman, Lawrence (9 March 2009). Dead Hands: A Social History of Wills, Trusts and Inheritance Law. Stanford University Press. ISBN 9780804771085.
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