Digital Commons Network^™

Trips And The Dynamics Of Intellectual Property Lawmaking (With R. Dreyfuss), Graeme B. Dinwoodie

Graeme B. Dinwoodie

In prior work, we took up the question of the TRIPs Agreement's resilience to changes in domestic law. We argued that such resilience is necessary because information production is a dynamic enterprise. As new industries emerge and mature, nations must have the flexibility to modify their intellectual property rules to readjust the balance between public and private rights. In the course of that study, we examined approaches to TRIPs dispute resolution that could cabin the choices of legislation available to deal with emergent substantive problems, and which could distort the legal environment in which creative enterprises are conducted. In this …

Embodying Tropicalities: Commentary On Felix Driver's 'Imagining The Tropics: Views & Visions Of The Tropical World', Karen M. Morin

Karen M. Morin

No abstract provided.

Development Of Software For Seismic & Vibration Analysis, Raman K. Attri

Raman K. Attri

Earthquake risk management is an issue of international priority since many countries in the world are affected adversely by sudden earthquake. Frequent earthquakes are being encountered in many parts of the world every year. Recently India had some earthquake in latur, chamoli, Utrakanshi, Bhuj regions. The occurrence of earthquake has been on increase due to geographical changes taking place under the earth crust all over world. The heavy and unpredictable loss of life and destruction of resources have forced the seismologist and instrumentation engineers to develop sophisticated earth quake monitoring instruments with quick data analysis software. The latest development in …

The Florida Evidence Code And The Separation Of Powers Doctrine: How To Distinguish Substance And Procedure Now That It Matters, Michael P. Dickey

Michael P. Dickey

No abstract provided.

La Interpretación Y La Integración De La Convención De Viena Sobre Compraventa Internacional De Mercaderías, Anselmo M. Martinez Cañellas

Anselmo M. Martinez Cañellas Pr. Dr.

This books deals with the peculiar interpretation of the most important instrument of Uniform Commercial Law, in force in more than 70 countries, the Vienna Convention on international sales of goods. It stress the necessity of taking into account the decisions of foreign and arbitral tribunals. Finally, it gives the hints to fill the gaps or the Convention by using its principles.

Negotiating Bankruptcy Legislation Through The News Media, Melissa B. Jacoby

Melissa B. Jacoby

No abstract provided.

Decreasing-Liability Contracts, Robert D. Cooter, Ariel Porat

Robert Cooter

Like constructing a building, performance on many contracts occurs in phases. As time passes, the promisor sinks more costs into performance and less expenditure remains. For phased performance, we show that optimal liability for the breaching party decreases as the remaining costs of completing performance decrease. In brief, efficiency requires a decreasing-liability contract. To implement such a contract, we recommend deducting past expenditures on incomplete performance from liability. We show that some types of progress-payment contracts are materially equivalent to decreasing-liability contracts. Our analysis should prove useful for elucidating progress-payment contracts and for drafting and litigating phased contracts.

Two Yankee Women At The St. Louis Fair: The Metcalf Sister And Their Bagobo Sojourn In Mindanao, Cherubim A. Quizon

Cherubim A Quizon

A “Special Need” For Change: Fourth Amendment Problems And Solutions Regarding Dna Databanking, Brendan Burke

Brendan Burke

Every state and the federal government have laws mandating DNA sampling from certain criminal offenders. Convicts’ DNA information is then stored in state and nationwide databanks for use in investigating crimes that the convicts might commit in the future. Law enforcement professionals applaud this system; civil libertarians abhor it. Because this is essentially a seizure of blood without probable cause, mandatory DNA sampling has been subject to close Fourth Amendment scrutiny. Courts have traditionally upheld mandatory DNA sampling statutes under the special-needs exception to the Fourth Amendment’s probable cause requirement, a doctrine that allows for administrative or regulatory searches if …

Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber

David J. Gerber

No abstract provided.

Courts As Experts In European Merger Law, David J. Gerber

David J. Gerber

No abstract provided.

Write First: Putting Writing Before Reading Is An Effective Approach To Teaching And Learning, Peter Elbow

Peter Elbow

Black Women And Intimate Partner Violence: New Directions For Research, Carolyn M. West

Carolyn M. West

Australia’S Eggleston Principles In Takeover Law: Social And Economic Sense?, Benedict Sheehy

Benedict Sheehy

Australia has yet to give up its distinctive approach to take-over law. Although there has been and continues to be pressure to submit to the US model, this article argues that to do so is not likely to produce the desired effect while giving up something of particular value to Australians.

Entering And Succeeding In The “Culture Of College”: The Story Of Two Mexican Heritage Students, Nolan L. Cabrera, Amado M. Padilla

Nolan L. Cabrera

In this retrospective study, the academic resilience of two individuals of Mexican heritage who graduated from Stanford University is described. The respondents (a woman and a man) now in their early 20s came from home backgrounds of extreme impoverishment and adversity. By means of in-depth interviews the challenges the two respondents faced in school beginning in kindergarten and continuing through their graduation from Stanford is described. Both respondents attribute their academic success to the support given them by their mothers and their personal motivation to succeed in school; however, the authors show that this was also possible because the respondents …

Book Review, J.O. Haley's Antitrust In Germany And Japan, The First Fifty Years, 1947-1998, David J. Gerber

David J. Gerber

No abstract provided.

Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber

David J. Gerber

No abstract provided.

Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown

Bartram Brown

No abstract provided.

Authority Heuristics, David J. Gerber

David J. Gerber

Language plays two roles in acquiring knowledge of foreign law. One is obvious - it provides access to information. Language also performs, however, a second function that is less frequently acknowledged, but no less important: it shapes what we know. This knowledge-shaping (or "cognitive") role conditions all knowledge of foreign law, and it is seldom explored. This article focuses on one aspect of this cognitive role of language. It examines the ways in which assumptions about the authority of legal language shape and often fundamentally distort our knowledge of foreign law and foreign legal systems. My central claim is that …

How Racial Profiling & Other Unnecessary Post-9/11 Anti-Immigrant Measures Have Exacerbated Long-Standing Discrimination Against Latino Immigrants & Citizens, Katherine Culliton

KATHERINE CULLITON-GONZÁLEZ

No abstract provided.

Comparisons Compared: A Methodological Survey Of Comparisons Of Religion From ‘A Magic Dwells’ To A Magic Still Dwells, David M. Freidenreich

David M. Freidenreich

No abstract provided.

Constructing Competition Law In China: The Potential Value Of European And U.S. Experience, David J. Gerber

David J. Gerber

No abstract provided.

Monopoly Pricing As An Antitrust Offense In The U.S. And The Ec: Two Systems Of Belief About Monopoly?, Michal Gal

Michal Gal

Monopoly pricing per se, that is without need of proof of anti-competitive conduct or intent, is regulated very differently on both sides of the Atlantic, at least in theory. U.S. antitrust law sets a straightforward rule: monopoly pricing, as such, is not regulated. In contrast, under EC law excessive pricing is considered an abuse of dominance and is punishable by fine and subject to a prohibitory order. These approaches fit the divide between the regulation of exclusionary and exploitative conduct: whereas exclusionary conduct is an offense against antitrust law on both sides of the Atlantic, exploitative conduct generally only breaches …

Barely Borders: Issues Of International Law, Bartram Brown

Bartram Brown

No abstract provided.

Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown

Bartram Brown

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Robyn L. Meadows, Russell A. Hakes, Stephen L. Sepinuck

Robyn L Meadows

No abstract provided.

A Great Loss, Robert C. Power

Robert C Power

No abstract provided.

Justice Thomas In Grutter V. Bollinger: Can Passion Play A Role In Judicial Reasoning?, Mary Kate Kearney

Mary Kate Kearney

No abstract provided.

Recognizing Friends Amidst The Rubble: Seeking Truth Outside The Culture Wars, Randy Lee

Randy Lee

No abstract provided.

When Would Jesus Sue? Tort Law In The Hands Of Christ, Randy Lee

Randy Lee

No abstract provided.