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Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh Dec 2011

Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh

Ehsan Zarrokh

As domestic violence becomes increasingly recognized a widespread social problem, judicial system has begun playing larger roles in providing legal protection to these victims. One way they are doing this in the Iran is through the use of protective restraining orders or injunctions. The purpose of this research was to determine if permanent Injunctions for Protection provide victims of Domestic Violence with a sense of security in alleviating fear of retaliation or on-going violence.


The Value Of Government Mandated Location-Based Services In Emergencies In Australia, Anas Aloudat, Katina Michael, Roba Abbas, Mutaz M. Al-Debei Dec 2011

The Value Of Government Mandated Location-Based Services In Emergencies In Australia, Anas Aloudat, Katina Michael, Roba Abbas, Mutaz M. Al-Debei

Dr. Mutaz M. Al-Debei

The adoption of mobile technologies for emergency management has the capacity to save lives. In Australia in February 2009, the Victorian Bushfires claimed 173 lives, the worst peace-time disaster in the nation’s history. The Australian government responded swiftly to the tragedy by going to tender for mobile applications that could be used during emergencies, such as mobile alerts and location services. These applications, which are becoming increasingly accurate with the evolution of positioning techniques, have the ability to deliver personalized information direct to the citizen during crises, complementing traditional broadcasting mediums like television and radio. Indeed governments have a responsibility …


‘Breakfast At Tiffany’S’: Ebay Inc, Trade Mark Law And Counterfeiting, Matthew Rimmer Dec 2011

‘Breakfast At Tiffany’S’: Ebay Inc, Trade Mark Law And Counterfeiting, Matthew Rimmer

Matthew Rimmer

In an exploration of intellectual property and fashion, this article examines the question of the intermediary liability of online auction-houses for counterfeiting. In the United States, the illustrious jewellery store, Tiffany & Co, brought a legal action against eBay Inc, alleging direct trademark infringement, contributory trademark infringement, false advertising, unfair competition and trademark dilution. The luxury store depicted the online auction-house as a pirate bazaar, a flea-market and a haven for counterfeiting. During epic litigation, eBay Inc successfully defended itself against these allegations in a United States District Court and the United States Court of Appeals for the Second Circuit. …


Social Media And Legal Ethics, Jonathan I. Ezor Nov 2011

Social Media And Legal Ethics, Jonathan I. Ezor

Jonathan I. Ezor

A presentation on the legal issues arising out of attorney use of social media services, including for electronic discovery


A Proposal For A Clean Technology Directive: European Patent Law And Climate Change, Matthew Rimmer Nov 2011

A Proposal For A Clean Technology Directive: European Patent Law And Climate Change, Matthew Rimmer

Matthew Rimmer

This article charts the conflicted, dissonant policies of the European Union towards intellectual property and climate change. It contends that there is a mismatch between the empirical work of the European Patent Office and the quietist policy options contemplated by the European Union. This article contends that the European Union needs to develop a Clean Technology Directive to allow for a differentiated approach to patent law and clean technologies – especially given the past complicity of the European Union in global warming and climate change. It highlights essential elements in a comprehensive policy package for the reform of patent law …


Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García Oct 2011

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.


Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García Sep 2011

Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García

Bruno L. Costantini García

Presentación de las Generalidades de la Propiedad Intelectual en México (Propiedad Industrial y Derechos de Autor), legislación que la rige, aplicación y modalidades


A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer Sep 2011

A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer

Matthew Rimmer

As an intellectual property expert, I am of the view that the much threatened litigation by the Tobacco Industry against the proposed plain packaging for tobacco products is somewhat vexatious.Both the Tobacco Plain Packaging Bill 2011 (Cth) and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth) are clearly within the Commonwealth's legislative power and capacity; and represent an effective means of implementing some of Australia's obligations under the WHO Framework Convention on Tobacco Control.At the outset, it is worth recalling that internal documents from British American Tobacco emphasized that 'current conventions & treaties afford little protection' for tobacco …


La Jurisprudencia En México, Bruno L. Costantini García Aug 2011

La Jurisprudencia En México, Bruno L. Costantini García

Bruno L. Costantini García

Breve presentación de la jurisprudencia en México, su aplicación, objetivos y fines para el Derecho Mexicano. ¿Por qué es util para el derecho? ¿Quién la emite?


Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García Aug 2011

Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García

Bruno L. Costantini García

Introducción al Derecho Notarial y Registral en México, cuyo objeto es conocer los elementos de las figuras del notario y del corredor público, la formalización de sus actos y su registro.


Student Journalists V. School Administrators: A More Structured Way To Resolve Disputes, Jonathan Peters Aug 2011

Student Journalists V. School Administrators: A More Structured Way To Resolve Disputes, Jonathan Peters

Jonathan Peters

Public schools have wrestled for decades with the boundaries of free expression. Although students do not enjoy the same First Amendment rights as adults, they do not shed those rights at the schoolhouse gate. Disputes between student journalists and school administrators are common, and because they take place in the school environment, they have the potential to be disruptive. Student journalists and school administrators need a structured way to address and resolve those disputes.


A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo Aug 2011

A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …


Curtains, Bethel G.A Erastus-Obilo Jul 2011

Curtains, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

This is the story of life in all its glory and eternal ramifications. This is the story of us.


I Wept, Bethel G.A Erastus-Obilo Jul 2011

I Wept, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

It is not always what we expect to find in love but sometimes, we look in the worng places. We fail to notice that what we always wanted and sought was always in front of us.


Vanity Of Vanities, Bethel G.A Erastus-Obilo Jul 2011

Vanity Of Vanities, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

All that we see and all that we do are emptied into the eternal abyss of nothingness and vain glory. All the we have and all own us are intertwined in the great deception of man. Vanity of vanities, says the preacher, all is vanity


A Criminal Moment In Time, Bethel G.A Erastus-Obilo Jul 2011

A Criminal Moment In Time, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …


Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo Jul 2011

Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

We may well wonder how the Casey Anthony reached its verdict in spite of what many of us thought was a raft of compelling evidence. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system


Jury Continuum, Bethel G.A Erastus-Obilo Jul 2011

Jury Continuum, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …


Teaching Law With Online Role-Playing Simulations, Ira Nathenson Jun 2011

Teaching Law With Online Role-Playing Simulations, Ira Nathenson

Ira Steven Nathenson

This document contains materials prepared for the summer 2011 conference of the Institute for Law Teaching and Learning held at New York Law School. The concise materials include: a listing of useful online tools; documentation for a miniature simulation; suggested components of an "associate" case file; methodology for formative and summative evaluation; and a sample scoresheet incorporating all ten MacCrate skills. A summary of the presentation is provided below: Live websites provide a dynamic “sandbox” for role-playing simulations that cast students as “lawyers” acting for fictional clients. Such simulations, initially crafted for a Cyberlaw class, can also be used in …


Readers' Copyright, Jessica Litman Jun 2011

Readers' Copyright, Jessica Litman

Jessica Litman

This essay is part of a project intended to help reclaim copyright for readers, listeners, and viewers. A system of copyright protection makes little sense unless it is designed to encourage the use and enjoyment of the works it induces authors to create and publishers to disseminate. I argue that a clear-eyed examination of copyright's history reveals that solicitude for readers and members of the audience is, in fact, deeply encoded in copyright's DNA. Recently, readers' interests have faded in apparent importance in the copyright scheme in ways that have unbalanced the copyright system, and undermined public support for copyright …


Personal Data Protection In The Era Of Cloud Computing. New Challenges For European Regulators., Panagiotis Kitsos, Paraskevi Pappas May 2011

Personal Data Protection In The Era Of Cloud Computing. New Challenges For European Regulators., Panagiotis Kitsos, Paraskevi Pappas

Panagiotis Kitsos

It is widely aknowledged that we are entering in an era of revolutionary changes in the field of Information and Communication Technologies . The spread of broadband internet connections has led internet to function not only as a communications network but also as a platform for new computing applications. The most recent application is the so called "cloud computing", which permits the running of software applications or the storage of data to be performed at remote servers which are connected to our computers through the Internet. Examples of these applications are the web-based email services, online computer back up, data …


Wikileaks Would Not Qualify To Claim Federal Reporter’S Privilege In Any Form, Jonathan Peters May 2011

Wikileaks Would Not Qualify To Claim Federal Reporter’S Privilege In Any Form, Jonathan Peters

Jonathan Peters

This article addresses whether WikiLeaks could claim a federal reporter’s privilege if the U.S. government or a U.S. entity tried to compel one of the site’s staff members to disclose the source(s) of any documents it has released. After exploring the origins of the First Amendment-based privilege, I argue that WikiLeaks would not be able to claim it. First, the website does not engage in investigative reporting. Second, it has not taken steps consistently to minimize harm. I also discuss congressional attempts to pass a federal shield law, paying special attention to H.R. 985 and S. 448, the two most …


Wikileaks, The First Amendment, And The Press, Jonathan Peters Apr 2011

Wikileaks, The First Amendment, And The Press, Jonathan Peters

Jonathan Peters

This article focuses on one question: When can the government, consonant with the First Amendment, punish the publication of classified information related to national security? To that end, Part I outlines the constitutional standards that could apply to such a prosecution of WikiLeaks. Part II discusses whether WikiLeaks is part of the press and whether that matters for constitutional purposes. Part III concludes by urging the Justice Department to consider carefully whether it should prosecute WikiLeaks.


Cyberspace Self-­‐Governance And Its Role And Limits In Regulating Virtual World Property Relationships, Linda Margaret Broughton Mar 2011

Cyberspace Self-­‐Governance And Its Role And Limits In Regulating Virtual World Property Relationships, Linda Margaret Broughton

Linda Margaret Broughton

The purpose of this paper is to explore the limits of cyberspace self-governance in governing property relationships in the virtual world. First this paper will explore what constitutes a virtual world and the theory of cyberspace self-rule within a virtual world. Next this paper will explore the four common types of property relationships originating from a virtual world. Then this paper will explore the concept of cyberspace self-rule as it is applied in virtual worlds, drawing on current academic literature covering this topic. Finally, this paper will demonstrate the limitations of self-determination in adequately governing these property relationships.


Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer Mar 2011

Owning Omega-3: Monsanto And The Invention Of Meat, Matthew Rimmer

Matthew Rimmer

In August of 2010, Anna Salleh of the Science Unit of the Australian Broadcasting Corporation broke a story about Monsanto seeking to patent the enhancement of meat, including omega-3 fatty acids:‘Enhanced port is sparking debate over the ethics of placing patents on food. Patent applications covering the enhancement of meat, including pork with omega-3 fatty acids, are stimulating debate over the ethics and legalities of claiming intellectual property over food. Monsanto has filed patents that cover the feeding of animals soybeans, which have been genetically modified by the company to contain stearidonic acid (SDA), a plant-derived omega-3 fatty acid... Omega-3s …


El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva Feb 2011

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Google Books Rejected: Taking The Orphans To The Digital Library Of Alexandria, Giancarlo Francesco Frosio Jan 2011

Google Books Rejected: Taking The Orphans To The Digital Library Of Alexandria, Giancarlo Francesco Frosio

Giancarlo Francesco Frosio

The idea of the Library of Alexandria has powerfully expanded over the centuries, embodying the dream of universal wisdom and knowledge centralized in one single place. Digitization projects, such as the Google books project, are reviving the hope that this dream may come true. Moreover, the ubiquity of the networked environment promises to open access to this aiber-library to everybody with an Internet connection. Today the entire collection of human knowledge may be only one click away. Whether the dream of the Library ofAlexandria will be achieved by the Google books project is highly debated. Recently, a court decision concluded …


Cyberinfrastructure Inside Out: Definition And Influences Shaping Its Emergence, Development, And Implementation In The Early 21st Century, Kerk F. Kee, Lucy Cradduck, Bridget Blodgett, Rami Olwan Jan 2011

Cyberinfrastructure Inside Out: Definition And Influences Shaping Its Emergence, Development, And Implementation In The Early 21st Century, Kerk F. Kee, Lucy Cradduck, Bridget Blodgett, Rami Olwan

Rami M Olwan

No abstract provided.


The Rule Of Entertainment Law; Or Lack Thereof: Exposing The Diminishing Rule Of Law In The Entertainment Industry, Noah J. Wald Jan 2011

The Rule Of Entertainment Law; Or Lack Thereof: Exposing The Diminishing Rule Of Law In The Entertainment Industry, Noah J. Wald

Noah J Wald

No abstract provided.


Don't Circumvent My Dongle! Misinterpretation Of The Digital Millennium Copyright Act Threatens Digital Security Technology, Noah J. Wald Jan 2011

Don't Circumvent My Dongle! Misinterpretation Of The Digital Millennium Copyright Act Threatens Digital Security Technology, Noah J. Wald

Noah J Wald

No abstract provided.