Law Commons^™

Civil Society's Involvement In Post-Conflict Peacebuilding, Corinne Parver, Rebecca Wolf

Articles in Law Reviews & Other Academic Journals

War is a way of life – in some parts of the world it is an on-going struggle with no end in sight. Years of perpetual conflict have adversely affected the way in which political, socioeconomic, and cultural components of society have developed. Indeed, armed conflict negatively affects all aspects of society: not only does it destroy buildings and societies, but it also leaves surviving individuals and communities with deep wounds that can last a lifetime.

Many efforts have been employed around the world to build peace following a conflict. Some interventions have proven quite successful, while others have not. …

Fixing Fair Use, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …

Empirical Legal Studies, Or How I Learned To Stop Worrying And Love The Data, Amy M. Taylor

Newsletters & Other Publications

No abstract provided.

Jordan And The World Trading System: A Case Study For Arab Countries, Bashar Hikmet Malkawi

SJD Dissertation Abstracts

Arab countries are attempting to broaden their engagement in the multilateral trading system in a manner that has many implications. Not only have some Arab countries either acceded or are in the pipeline of acceding to the World Trade Organization (WTO), but their new commitments coincides with reorientations in their economic strategies. The purpose of this dissertation is to examine the implications on Arab countries.

Given Jordan's accession to the WTO and its free trade agreement with the United States (U.S.), the country serves as an ideal candidate for other Arab countries. Jordan applied for WTO membership in 1994. After …

The Movement For Open Access Law, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very …

A Primer On U.S. Intellectual Property Rights Applicable To Music Information Retrieval Systems, Michael Carroll

PIJIP Faculty Scholarship

Digital technology has had a significant impact on the ways in which music information can be stored, transmitted, and used. Within the information sciences, music information retrieval has become an increasingly important and complex field. This brief article is addressed primarily to those involved in the design and implementation of systems for storing and retrieving digital files containing musical notation, recorded music, and relevant metadata – hereinafter referred to as a Music Information Retrieval System (“MIRS”). In particular, this group includes information specialists, software engineers, and the attorneys who advise them. Although peer-to-peer computer applications, such as Napster’s MusicShare or …

A Non-Harmonized Perspective On Parallel Imports: The Protection Of Intellectual Property Rights And The Free Movement Of Goods In International Trade, Krithpaka Boonfueng

SJD Dissertation Abstracts

This dissertation aims to define an appropriate international legal standard for the exhaustion doctrine as it pertains to parallel imports, being the importation of genuine goods but without authorization from intellectual property owners. The clarification of this issue is needed because developed and developing countries have different perspectives on the application of the exhaustion doctrine. Under the exhaustion doctrine, once an intellectual property owner deliberately releases or authorizes others to release goods into the stream of commerce, his exclusive right to further control the goods is no longer valid. However, there are three diverse aspects in the application of exhaustion …

“Don't Buy Another Vote. I Won't Pay For A Landslide": The Sordid And Continuing History Of Political Corruption In West Virginia, Allen Hayes Loughry Ii

SJD Dissertation Abstracts

This study documents the long and sordid history of corruption--both perceived and corroborated--in the West Virginia political process. The researcher explores the considerable amounts of money spent by wealthy individuals for election or re-election. It documents the effect of high-cost elections, an effect which in many instances has spawned criminal activity. The author relates ostensibly ceaseless measures of corruption at the executive, legislative, and judicial levels. The findings indicate the existence of problems in West Virginia politics since the State's inception in 1863, including vote buying, vote rigging, undue geographical barriers, and lawlessness leading to numerous declarations of martial law. …

Battering, Forgiveness And Redemption, Brenda V. Smith

Project on Addressing Prison Rape - Articles

While there has been some acknowledgement that battered women kill, there has been less acceptance that battered women may have been arrested for some other offense. Can those fallible women be “forgiven” for their offenses and allowed to receive the community affirmation, validation, social services, and protection that other battered women receive? This Article focuses on a topic that, though discussed, has frequently been dismissed in the domestic violence discourse; battered women’s forgiveness of their batterers and battered women’s process of forgiving themselves for participating in the relationship.

Managed Health Care In Prisons As Cruel And Unusual Punishment, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION:Billy Roberts, a prisoner in an Alabama state prison, had a history of severe psychiatric disorders. He was often put on suicide watch, and received large doses of psychotropic drugs. A managed health care company, Correctional Medical Services (CMS), was responsible for the health care at the prison. After Roberts had a suicidal episode, CMS's statewide mental health care director reportedly put Roberts in an isolation cell rather than a psychiatric care unit. The mental health care director also ordered that Roberts' medication be discontinued pursuant to an alleged policy of CMS to get as many prisoners off psycho- tropic …

Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Legal Aspects Of Prison Riots, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: Riots are a recurrent phenomenon in American prisons. In the 1950s and the early 1970s, major riots erupted in prisons across the country, and many have occurred in the past several years.' Riots will continue to occur as long as the dominant function of prisons is the custodial confinement of inmates. As one commentator explains, "The way to make a strong bomb is to build a strong perimeter and generate pressure inside. Similarly, riots occur where ... pressures and demands are generated in the presence of strong custodial confinement."When such a bomb detonates and a prison riot erupts, a …

Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins

Book Reviews

Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.