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Full-Text Articles in Law

Scientific /Information Technology For Quality Enhancement In Rural Colleges, Sukdeo Ingale Nov 2012

Scientific /Information Technology For Quality Enhancement In Rural Colleges, Sukdeo Ingale

Sukdeo Ingale

This paper is devoted to the quality enhancement of education imparted by colleges in rural parts of India. Traditionally educational institutes are one of the most trusted and respected organizations in society. It is because such institutions are directly involved in developing the future of the Nation. The rural colleges carry additional responsibilities. They needs not only to prepare their students for life in the local community; but also for the adjustment into more urban society, so that they are able to function effectively in both environments. In modern era, it plays vital role in the life of student of …


Democracia E Biotecnologia: Argumentos Para A Construção De Um Discurso Pautado Na Agência Humana Como Vetor Transformador Da Realidade, Carolina Altoé Velasco Nov 2012

Democracia E Biotecnologia: Argumentos Para A Construção De Um Discurso Pautado Na Agência Humana Como Vetor Transformador Da Realidade, Carolina Altoé Velasco

Carolina Altoé Velasco

O artigo objetiva demonstrar que os processos biotecnológico e democrático têm em comum a interferência da agência humana como vetor transformador de suas realidades. Utiliza-se como marco teórico-metodológico as obras de Guillermo O’Donnell e Adela Cortina. Guillermo O’Donnell reconhece o impacto motivado pela tecnologia e globalização na sociedade e a agência humana como fomentadora do processo democrático. Já Adela Cortina considera a pessoa (contemplada por sujeito autônomo e solidário) a medida da democracia e esta como forma de vida. A eleição de Cortina para travar um diálogo com o pensamento de O’Donnell se dá em razão da abordagem feita a …


The America Invents Act May Be Constitutionally Infirm If It Repeals The Bar Against Patenting After Secret Commercial Use, Ron D. Katznelson Oct 2012

The America Invents Act May Be Constitutionally Infirm If It Repeals The Bar Against Patenting After Secret Commercial Use, Ron D. Katznelson

Ron D. Katznelson

No abstract provided.


Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin Aug 2012

Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin

Mathias Klang

Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production. The renegotiation …


Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit Jul 2012

Towards Determining Legal Parentage By Agreement In Israel, Yehezkel Margalit

Hezi Margalit

In Israel as in other parts of the world, families, parenthood, and relations between parents and children have changed dramatically over the past few decades. So, too, developments in modern medicine have enhanced the ability to separate sexuality from fertility and parenthood. Many researchers feel that the legal system has not kept pace with these changes, and that traditional models of familial relationships no longer provide adequate tools for dealing with them. In order to bridge the gap between a desired social status and current law, a growing number of parents seek to regulate the status, rights, and obligations of …


Viral Open Source: Competition Vs. Synergy, Michal Gal Jul 2012

Viral Open Source: Competition Vs. Synergy, Michal Gal

Michal Gal

The creation of free and open source software (FOSS) through social networks has been celebrated as one of the most interesting and inspiring developments of the information age. The main legal platform selected for facilitating this collaborative creation is the GNU General Public License (GPL). Software released under the GPL enables anyone to use, modify, and distribute the code. Yet, these rights are contingent upon virality: every copy or work based on the original code must also be subject to such terms and conditions. This article analyzes the interesting and intricate effects of virality on welfare and innovation. Virality increases …


The Discoverability Of E-Mails: The Smoking Gun Of The Modern Era, Michael J. Martin Jun 2012

The Discoverability Of E-Mails: The Smoking Gun Of The Modern Era, Michael J. Martin

Michael J Martin

The discoverability of e-mails is an area of law that every modern day lawyer must be familiar with in order to avoid the risk of being sanctioned. Over the past years, courts have awarded sanctions to moving parties at a steadily increasing pace. These sanctions have included adverse jury instructions, default judgments, attorney’s fees, large monetary fines, and in one instance, a jail sentence. Courts have sent the message that improper conduct will not be tolerated in this developing area of law by not hesitating to order sanctions. Thus, it is essential that modern day lawyers become acquainted with the …


La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García May 2012

La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García

Bruno L. Costantini García

La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)


An Environmental Legal Practitioner’S Guide To Epa’S Website, Taryn L. Rucinski May 2012

An Environmental Legal Practitioner’S Guide To Epa’S Website, Taryn L. Rucinski

Taryn L. Rucinski

Amidst the birth of the United States (U.S.) environmental movement of the twentieth century, one of the most important and far reaching developments in terms of the federal government was the creation of the U.S. Environmental Protection Agency (EPA), an agency whose sole purpose was to ensure the protection, development, and enhancement of the natural environment. Since its birth in 1970, the EPA has grown from a relatively small, underfunded department to one of the largest independent agencies within the federal government, with regulatory responsibilities running the gamut from household cleaners to drinking water, to waste disposal and beyond. However, …


Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr. Mar 2012

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.


Could A Hub And Spoke, Homegrown Ceo Strategy Boost The Success Of University Start-Ups?, Brendan O. Baggot, Martin R. Graf Phd Mar 2012

Could A Hub And Spoke, Homegrown Ceo Strategy Boost The Success Of University Start-Ups?, Brendan O. Baggot, Martin R. Graf Phd

Brendan O. Baggot

How can universities make more money with their spinout company (SpinCo)‐suitable technologies? By “growing” their own CEOs to improve both the quality and quantity of startup company leaders available, that’s how. Surprisingly, however, at most universities little or no effort is made to interweave this critical need into tech transfer efforts.


Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García Feb 2012

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.


Patent Reversion: An Employee-Inventor's Second Bite At The Apple, Richard Kamprath Jan 2012

Patent Reversion: An Employee-Inventor's Second Bite At The Apple, Richard Kamprath

Richard Kamprath

In an attempt to more fully compensate employee-inventors without harming the return on investment of employers, a patent reversion is proposed in which the rights to the patent revert to joint ownership between the original inventor and the current owner. In Section I, the background of the relationship between employer and employee-inventor will be discussed in terms of patent rights. This section will outline the problems inherent in the pre-assignment status quo of these rights from employees to employers. Section II will begin with Part A, which is a review of previously proposed solutions to the under-compensation of employee-inventors. The …


Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman Jan 2012

Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman

Lawrence J. Trautman Sr.

In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …


Copyright Exhaustion And The Personal Use Dilemma, Aaron K. Perzanowski, Jason M. Schultz Jan 2012

Copyright Exhaustion And The Personal Use Dilemma, Aaron K. Perzanowski, Jason M. Schultz

Aaron K. Perzanowski

Copyright law struggles to provide a coherent framework for analyzing personal uses. Although there is widespread agreement that at least some such uses are non-infringing, the doctrinal basis for that conclusion remains unclear. In particular, the prevailing explanations of fair use and implied license are both flawed in important respects. This Article proposes a new explanation for the favored status of certain personal uses. Drawing on the principle of copyright exhaustion - the notion that once the copyright holder parts with a particular copy of a work, its power to control the use and disposition of that copy is constrained …


Putting Theory Into Practice: Thoughts From The Trenches On Developing A Doctrinally Integrated Semester-In-Practice Program In Health Law And Policy, Michele L. Mekel Jan 2012

Putting Theory Into Practice: Thoughts From The Trenches On Developing A Doctrinally Integrated Semester-In-Practice Program In Health Law And Policy, Michele L. Mekel

Michele L Mekel

With the employment market for attorneys currently in a subpar state, legal employers have the attention of both law students and law schools, and these employers are demanding practice-ready practitioners. In response, law schools are turning increasingly to experiential learning opportunities of various types. For law schools with concentrations, certificate programs, or centers of excellence, experiential learning presents synergies upon which to capitalize in offering students specialized, hands-on training that matches their interests and makes them more attractive employment candidates upon graduation.


High Speed Rail In America: An Evaluation Of The Regulatory, Real Property, And Environmental Obstacles A Project Will Encounter, Darren A. Prum, Sarah L. Catz Jan 2012

High Speed Rail In America: An Evaluation Of The Regulatory, Real Property, And Environmental Obstacles A Project Will Encounter, Darren A. Prum, Sarah L. Catz

Darren A. Prum

In 2009, President Barak Obama allocated $8 billion in stimulus funding for high speed rail projects across the United States. One year later, in 2010, an additional $2.5 billion was distributed to corridors with High Speed Rail Projects. Even though the most recent congressional budget eliminated high speed rail funding, many corridors are working diligently to break ground by the end of 2012. Before a high speed rail project can be fully implemented there are many legal and environmental issues and regulations to examine. This paper conducts a complete analysis of those issues and regulations and suggests how to apply …


Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson Jan 2012

Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.


Polar Law And Good Governance, Prof. Elizabeth Burleson Jan 2012

Polar Law And Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.