Digital Commons Network^™

Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe

The University of New Hampshire Law Review

[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter of disagreement. In order …

A Human Rights-Oriented Approach To Military Operations, Federico Sperotto

Human Rights & Human Welfare

Counterinsurgency is the dominant aspect of US operations in Afghanistan, and since ISAF—the NATO-led security and assistance force—has assumed growing security responsibility throughout the country, it is also a mission for the Europeans.1 The frame in which military operations are conducted is irregular warfare, a form of conflict which differs from conventional operations in two main aspects. First, it is warfare among and within the people. Second, it is warfare in which insurgents avoid a direct military confrontation, using instead unconventional methods and terrorist tactics.

© Federico Sperotto. All rights reserved.

This paper may be freely circulated in electronic or …

Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips

San Diego International Law Journal

This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …

Poodles And Bulldogs: The United States, Britain, And The International Rule Of Law, Philippe Sands

Indiana Law Journal

Addison C. Harris Lecture

A "Chilling" Effect? -- Geopolitical Incentivizing And The Environmental Ramifications For The Arctic Region, Bryan J. Harrison

University of Miami International and Comparative Law Review

No abstract provided.

U.S. Department Of State Humanitarian Mine-Action Support In Colombia, Edmund Trimakas

The Journal of Conventional Weapons Destruction

Years of conflict between the Colombian government and the militant groupFuerzas Armadas Revolucionarias de Colombia has left the country littered with landmines and millions of internally displaced persons. The Colombian government is trying to address this situation. The Bureau of Political-Military Affairs’ Office of Weapons Removal and Abatement in the U.S. Department of State is working with Colombian organizations and nongovernmenal organizations to clean up contaminated areas and resettle Colombia’s IDPs.

If An (Endangered) Tree Falls In The Forest, And No One Is Around....: Resolving The Divergence Between Standing Requirements And Congressional Intent In Environmental Legislation, Preston Carter

Notre Dame Law Review

No abstract provided.

Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble

Marquette Intellectual Property Law Review

Injunctions enforcing a patentee's right to exclude provide an incentive to invent; however, injunctions are only effective if they can be enforced. Enforcing an injunction becomes problematic when other jurisdictions are involved, yet plaintiffs request such injunctions despite the potential inherent difficulties of cross-border enforcement. The author empirically analyzes the number and types of cross-border injunctions issued in the United States against foreign entities by discussing methods of enforcing injunctions abroad and the difficulties inherent in those methods. Comparing cases of cross-border injunctions issued by European courts, the author reviews the controversial pan-European injunction that covers not only the territory …

Administrative Law And Culture For The U.S. Collaborative Governance State, David H. Rosenbloomn, Mei Jen Hung

Journal of Dispute Resolution

During the 1980s and 1990s, collaborative governance emerged as a potentially new global paradigm for public administration. It comes in many forms. However, its essence is governmental reliance on nongovernmental entities for the delivery of public services and constraints. Simply put, collaborative governance calls on government to focus on "steering" while relying on third parties to do the "rowing." In the United States, collaborative government is not new in kind-the federal government relied on contractors to convey the mail from the early days of the republic. Rather it is new in scope, accounting for billions of dollars and millions of …

Spain, Reincarnated: Julio Medem’S Caótica Ana And New Spanish Media(Tion) In The World, Susan Martin-Márquez

Studies in 20th & 21st Century Literature

Spanish director Julio Medem’s visually stunning yet controversial 2007 film Chaotic Ana was panned for its ostensibly Manichaean treatment of gender relations and its crudely scatological ending, both of which have distracted attention from the work’s fascinating incursions into global politics. While the film’s complex layering of hawk and dove imagery figures centuries of male violence against women, it is also imbricated with an extended meditation on the divergent roles of the United States and Spain on the contemporary world stage. Through the male protagonist Said, a Saharawi painter, the film artfully shifts postcolonial guilt for the fate of the …

Adaptive Policymaking: Evolving And Applying Emergent Solutions For U.S. Communications Policy, Richard S. Whitt

Federal Communications Law Journal

This Article presents some specific ways that U.S. policymakers should use teachings from the latest thinking in economics to create a conceptual framework in order to grapple with current controversies in communications law and regulation. First, it provides a brief overview of Emergence Economics, with an emphasis on the "rough formula" of emergence and the unique role of technological change in creating and furthering innovation and economic growth. Second, this paper explicates the general concept of "Adaptive Policymaking" by governments and includes some proposed guiding principles, an outline of the public policy design space, and an adaptive toolkit to be …

The Fault Principle As The Chameleon Of Contract Law: A Market Function Approach, Stefan Grundmann

Michigan Law Review

This Article begins with a comparative law survey showing that all legal systems do not opt exclusively for fault liability or strict liability in contract law, but often adopt a more nuanced approach. This approach includes intermediate solutions such as reversing the burden of proof, using a market ("objective") standard of care, distinguishing between different types of contracts, and providing a "second chance" to breaching parties. Taking this starting point seriously and arguing that it is highly unlikely that all legal systems err, this Article argues that the core question is how and when each liability regime should prevail or …

The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh

Michigan Law Review

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …

The National Flood Insurance Program: Maintaining Its Head Above Water, Aparna Kirknel Majmudar

University of Miami International and Comparative Law Review

National flood insurance programs implement flood prevention, create flood zone land-use policy, and establish protocols for relief With climate change and development raising the risk and exposure of human populations to flood, the United States 'National Flood Insurance Program (NFIP) has been heavily scrutinized, especially in the wake of Hurricane Katrina. This article examines the validity of the two main criticisms of NFIP, and seeks to inform a better understanding of NFIP's integrity through a comparative analysis between NFIP and several different flood insurance models in Europe. As a result, this analysis yields recommendations that can benefit NFIP, as well …

An Indigenous Lens Into Comparative Law: The Doctrine Of Discovery In The United States And New Zealand, Robert J. Miller, Jacinta Ruru

West Virginia Law Review

No abstract provided.

A Model Of Employee Satisfaction: Gender Differences In Cooperative Extension, Richard P. Vlosky, Francisco X. Aguilar

The Journal of Extension

Employee satisfaction is an important issue for management and employees in any organizational setting. We developed a generalized model of employee satisfaction and tested it for both female and male U.S Extension employees. Results indicate that there are no differences in the antecedents of employee satisfaction between genders.

A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek

Osgoode Hall Law Journal

For most of the twentieth century, the dominant paradigm in comparative public law was particularism. This was accompanied by a strong skepticism towards universalist features and possibilities in public law and, especially, constitutional law. With the rise of judicial review after World War I--and especially in Eastern Europe after the collapse of the Soviet Union--comparative judicial review has begun to flourish. However, comparative scholarship on judicial review overemphasizes the centrality of "the question of legitimacy" of judicial review in a democratic polity. This has been a result of the mistaken extrapolation of the American debate over judicial review to other …

Demographics And Distrust: The Eleventh Circuit On Graduation Prayer In Adler V. Duval CountY, Paul Horwitz

University of Miami Law Review

No abstract provided.

Elizabeth Bayley Seton, Teacher: A Legacy Of Charity Education, Alice Ann M. O'Neill S.C., Ph.D.

Vincentian Heritage Journal

Elizabeth Seton was a teacher for almost her entire life. A major portion of her experience as a teacher came as she instructed her own children. The combination of roles as mother and teacher expanded as she opened St. Joseph’s Academy in Emmitsburg, where she acted as a mother to her students and was the religious mother of the Sisters of Charity. St. Joseph’s admitted poor and wealthy girls; although they were not formally admitted, free and enslaved black students also received some education there. The curricula and organization of the school are described. Long quotations from Elizabeth’s writings offer …

Memoir Of Sister Cecilia O'Conway: Sisters Of Charity Of St. Joseph's, Betty Ann Mcneil D.C.

Vincentian Heritage Journal

Cecilia O’Conway was the first candidate for the Sisters of Charity. Her chronology of the community’s history is one of the earliest such sources we have. It covers the time period from 1805 to 1815, with entries missing for 1811, 1813, and 1814. Background on O’Conway is given, some of which comes from Elizabeth Seton’s letters; O’Conway’s extensive role in the community is also described. Her memoir is supplemented with clarifications and other information from written accounts by Rose White and Margaret George, two other early sisters. O’Conway ultimately left the community for reasons that are recounted, but she retained …

The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan

University of Miami International and Comparative Law Review

The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …

Actual Exploitation, Simulated Exploitation And A Tin Drum: A Comparative Analysis Of Child Pornography Law In The United States And Canada, Maurice "Mac" Verstandig

University of Miami International and Comparative Law Review

The United States and Canada two of the world's foremost modern, liberalized societies regularly combat an awkward and painful tension between free speech rights and the wellbeing of minors. Though there generally exists a consensus that child pornography represents a certain dark realm of material outside the oft-amorphous protections afforded speech, the establishment of an acceptable working definition of this criminal fodder has proven contentiously difficult. This paper explores each nation's struggles with this tension, through the lens of legislative efforts, judicial responses, and the productions that seem to perennially blur the line between art and crime. It is ultimately …

The Accused's Bad Character: Theory And Practice, David Culberg

Notre Dame Law Review

No abstract provided.

Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman

Michigan Journal of International Law

This Essay will focus on how Canada and the United States have both succeeded and failed in adopting cooperative approaches to managing ocean fishery resources. A critical factor that has influenced these efforts is the introduction of an international legal construct dictating that States have exclusive sovereign rights respecting all marine living resources within 200 nautical miles of their shores. Cooperative approaches to managing transboundary marine living resources between Canada and the United States are necessary for two reasons. First, in the case of marine living resources, the resource pays scant attention to human-constructed national boundaries. Put another way, marine …

Informal Homeownership In The United States And The Law, Heather K. Way

Saint Louis University Public Law Review

No abstract provided.

Reflections On The War In Iraq And Factionalism In American Politics, Christopher Shays

Sacred Heart University Review

The struggle over minority rights is at the center of the differences in creating a democratic government in Iraq. The Shias fear repeating history and losing power to the Sunnis minority. They believe if this happens, like in the past, we (the United States) will not be there to help them. And Sunnis fear having little or no power under an unsympathetic majority.

Americans feel justified, given the supreme sacrifice of our military and the expenditure of so much money, to lecture Iraqis about how they need to get their act together, forgetting they didn’t attack us. One US politician …

Robbed Of The American Dream, Megan Walker

Human Rights & Human Welfare

Many people have immigrated to the United States, hoping to live the “American dream.” Unfortunately, this romantic notion is part of the reason that the United States has become one of the most sought after destination countries for human trafficking. It is easy for traffickers to convince potential victims that they can live the American dream. Traffickers from all over the world and all walks of life profit in this booming market, by promising poor and vulnerable people high wages in legitimate jobs as farm workers, maids, and waitresses. Many of these people end up in terrible conditions as indentured …

The First Amendment In The Digital Age: Protecting Free Speech (And Other Values), Barry R. Schaller

Sacred Heart University Review

The First Amendment is alive but it must be interpreted and applied wisely in the context of our amazing digital age. While protection of political dissent is vital in a free society, as important today as it ever was, the protection must extend much further into every realm of human endeavor: arts, science, and all matters that people wish to think and speak about in human culture. We must be vigilant to preserve this enormous democratic resource and to work for a definition of free expression that recognizes the importance of individual creativity and expression and does not unduly protect …

The Six University Consortium Student Mobility Project: Promoting Conflict Resolution In The North American Context, Pauline Tennent, Jessica Senehi, Michael Ross Fowler, Sean Byrne

Peace and Conflict Studies

This article focuses on the North American Conflict Resolution Program - a twenty-first century mobility consortium in which universities in Canada, Mexico, and the United States exchanged students of conflict resolution. Drawing on student perceptions and, in particular, the experiences of the universities of Manitoba and Louisville, the authors discuss the positive outcomes of mobilizing students to study conflict resolution abroad for the students themselves, for faculty members involved, for university and other communities, and for the field of conflict analysis and resolution.

Competences Of The "Union" And Sex Equality: A Comparative Look At The European Union And The United States, Barbara Havelková

Michigan Law Review First Impressions

The delivery of substantive sex equality guarantees in the European Union and the United States is substantially affected by the division of powers ("competences" in European terminology) between the constituent units and the center. This Commentary compares the technical similarities and differences between the structures of competence of the federal systems of the United States and the European Union. This Commentary also briefly sketches their impact on substantive sex equality law.