Digital Commons Network^™

Swimming Upstream: Negotiating Music Licenses For Interactive Streaming In The United States And Canada. How Copyrights Holders Can Participate In New Media And Still Protect Their Rights., Daniela Paola Oliva

Daniela Oliva

This article compares the music licensing process for interactive streaming in Canada and the United States. Unbeknownst to many, the process of acquiring a music license for interactive streaming in Canada and the United States is similar.

The unique portion of this article discusses the reasons why Canada may not have been the primary destination for interactive streaming companies. The article also discusses the benefits and windfalls of interactive streaming. Ultimately, copyright holders have the ability to negotiate with interactive streaming companies to attempt to receive a fair licensing rate. This article emphasizes that copyright holders should familiarize themselves with …

Embedded Socio-Legal Activism, Hualing Fu

Hualing Fu

Socio-legal activism abounds in China, but why are some organizations and campaigns more successful than others? This paper discusses factors that lead to successful socio-legal activism in China and its potential pitfall. It offers a case study of the legal and political mobilization against health-based discrimination by the Beijing Yirenping Centre.

Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King

Erik J King

Under the Foreign Corrupt Practices Act (FCPA), it is an affirmative defense if the payments in question were lawful under the written laws of a foreign country. This defense has been largely overlooked by commentators and used sparingly in the court system. This Note examines the utility of this defense, and finds that although the concept underlying the defense remains somewhat alive in certain types of foreign laws that could conceivably excuse a foreign investor, the defense has lost all practical value. U.S. judicial interpretations, multilateral efforts against similar exceptions in other anti-bribery laws, and the subsuming effect of other …

The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad

Winston P Nagan

This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …

A Prenup For Prince William And Kate - England Inches Toward Twentieth Century Law Of Antenuptial Agreements: How Shall It Enter The Twenty First, Robert E. Rains

Faculty Scholarly Works

No abstract provided.

Reflections On Rothko And Writing: A Response To Pierre Schlag's Lecture On The State Of Legal Scholarship, Olympia Duhart

Faculty Scholarship

No abstract provided.

Supply And Demand Of Weapons In Political Uprisings: Past Lessons, Current Applications, And Suggestions For Guidelines In The Future, Katherine E. Peterson

Katherine Peterson

In the past, the United States has provided support to foreign states or political factions within a foreign state in the context of an armed conflict. The motivation for these actions has ranged from protecting allies or private capital interests to keeping the former Soviet Union at bay. These interests are important considerations for the Government to take into account when forming and carrying out its foreign policy; however, it is unnerving that this support seems to have often been given with a focus on achieving short-term goals without much regard to the potential consequences—domestic terrorist attacks, further international conflict, …

Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth Thornburg, Camille Cameron

Articles, Book Chapters, & Popular Press

Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …

Foreign Citizens In Transnational Class Actions, Jay Tidmarsh, Linda Sandstrom Simard

Jay Tidmarsh

This Article addresses an increasingly important question: When, if ever, should foreign citizens be included as members of an American class action? The existing consensus holds that courts should exclude from class membership those foreign citizens whose country does not recognize an American class judgment. Our analysis begins by establishing that this consensus is flawed. Rather, to minimize the costs associated with relitigation in a foreign forum, we must distinguish between foreign claimants who are likely to commence a subsequent foreign proceeding from those who are unlikely to do so; distinguishing between those who come from recognizing and nonrecognizing countries …

International Jurisdictional Competition Under Globalization: From The U.S. Regulation Of Foreign Private Issuers To Taiwan’S Restrictions On Outward Investment In Mainland China, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

Drawing a lesson from the story that the Sarbanes-Oxley Act drives away foreign issuers and then their physical exit provokes a change in the U.S. regulation of non-U.S. issuers, this article takes as another case study the phenomenon that Taiwanese firms list shares overseas, to further test how usual law market demand and supply forces (or underlying exit and voice rights) interplay under international jurisdictional competition. Put simply, both cases of the U.S. and Taiwan significantly elaborate that law market forces underlying international jurisdictional competition are similarly at work even on both sides of the Pacific Ocean. Specifically, globalization strengthens …

The Good Faith Principle In Iberoamerican B2b Contract Law, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.

La Convención Americana Sobre Derechos Humanos: Piedra Angular Del Derecho A La Vida Del No Nacido En Latinoamérica Y El Caribe [The American Convention On Human Rights: Cornerstone Of The Unborn’S Right To Life In Latin America And The Caribbean], Ligia M. De Jesus

Ligia De Jesus Castaldi