Law Commons^™

State Of Rhode Island And Providence Plantations: Survey Of State Documents And Law-Related Materials, Nanette Kelley Balliot, Tom Evans, Colleen Mcconaghy Hanna

Survey of RI State Documents and Law-Related Materials

No abstract provided.

Pure Software In An Impure World? Winny, Japan's First P2p Case, Ridwan Khan

East Asia Law Review

In 2011, Japan’s Supreme Court decided its first contributory infringement peer-to-peer case, involving Isamu Kaneko and his popular file-sharing program, Winny. This program was used in Japan to distribute many copyrighted works, including movies, video games, and music. At the district court level, Kaneko was found guilty of contributory infringement, fined 1.5 million yen, and sentenced to one year in prison. However, the Osaka High Court reversed the district court and found for Kaneko. The High Court decision was then affirmed by the Supreme Court, which settled on a contributory infringement standard based on fault, similar to the standard announced …

Collaborative Group On Sustainable Grazing For U.S. Forest Service Lands In Southern Utah: Final Report And Consensus Recommendations, Michele Straube

Environmental Dispute Resolution Program

In the fall of 2011, the Utah Department of Agriculture and Food and the Utah Department of Natural Resources jointly convened a collaborative group to discuss sustainable grazing on the U.S. Forest Service lands in southern Utah. The Forests under consideration were the Fishlake National Forest, the Manti‐La Sal National Forest, and the Dixie National Forest. A diverse array of stakeholders came together to learn from one another, identify current issues, and develop agreement on how Forest Service lands can be sustainably grazed. Representatives from the livestock industry, conservation interests, state and federal agencies, universities, sportsmen’s interests, and local government …

Analysis Of Crime Data Using Principal Component Analysis: A Case Study Of Katsina State, Shehu U. Gulumbe, Dikko H. .G., Bello Yusuf

CBN Journal of Applied Statistics (JAS)

This paper analyses Katsina State crime data which consists of the averages of eight major crimes reported to the police for the period 2006 – 2008. The crimes consist of robbery, auto theft, house and store breakings, theft/stealing, grievous hurt and wounding, murder, rape, and assault. Correlation analysis and principal component analysis (PCA) were employed to explain the correlation between the crimes and to determine the distribution of the crimes over the local government areas of the state. The result has shown a significant correlation between robbery, theft and vehicle theft. While MSW local government area has the lowest crime …

Boyd Briefs - December 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides monthly information regarding the scholarly and other activities of the faculty of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Note – The Right To Be Forgotten, Robert Kirk Walker

UC Law Journal

Information posted to the Internet is never truly forgotten. While permanently available data offers significant social benefits, it also carries substantial risks to a data subject if personal information is used out of context or in ways that are harmful to the subject’s reputation. The potential for harm is especially dire when personal information is disclosed without a subject’s consent. In response to these risks, European policymakers have proposed legislation recognizing a “right to be forgotten.” This right would provide persons in European Union countries with a legal mechanism to compel the removal of their personal data from online databases. …

Limitations On Government: A Comparative Constitutional Analysis Of American And Iraqi Efforts To Preserve Liberty And To Protect Against Arbitrariness, Hemin Ibrahim Qadir

Law Student Scholarship

This dissertation is a comparative study in constitutionalism, the historical process of limiting government powers to enable the people to be well served and protected in important aspects of their human dignity. The two constitutional systems explored here are those of the United States and Iraq.

People have to be guaranteed protection and the Constitution must restrict the government from being too powerful to enact whatever laws or acts they want. The United States of America passed through many stages from the colonial period until present day to limit government powers, to protect human rights, fundamental rights, natural rights, and …

Oil Development In Anwr: The Precautionary Principle Is Compatible With The Fish And Wildlife Service's Statutory Mandate, Trisna Tanus

Washington Journal of Environmental Law & Policy

The potential for oil production in the Arctic National Wildlife Refuge (ANWR) coastal plain, otherwise known as the 1002 Area, is significant, with a current value of $770 billion. Yet, there are considerable knowledge gaps and disagreements over the environmental impacts of oil development in ANWR. The Fish and Wildlife Service (FWS) manages ANWR and is tasked with advancing the refuge’s mission of ecological conservation. Before it can approve oil development in ANWR, the FWS is statutorily required to ensure that oil development is compatible with ANWR’s mission. This Comment argues that the precautionary principle is embedded within the laws …

Legal And Policy Implications Of The Perception Of Property Rights In Catch Shares, Mark Fina, Tyson Kade

Washington Journal of Environmental Law & Policy

Catch shares are a fishery management strategy under which persons are allocated exclusive access to specific portions of the total allowable catch of a fishery. Proponents of catch share management argue that these programs allow for more efficient management of annual catch limits and mitigate the negative biological and economic impacts associated with other management programs. Because of the exclusivity of their allocations, catch share programs have been characterized by their opponents as privatizing the public fisheries resource and granting catch share holders a property right to fish. However, case law suggests that a court is unlikely to conclude that …

Leopold's Last Talk, Eric T. Freyfogle

Washington Journal of Environmental Law & Policy

During the last decade of his life, Aldo Leopold (1887–1948) delivered more than 100 conservation talks to various popular, professional, and student audiences. In them, he set forth plainly the central elements of his conservation thought. By studying the extensive archival records of these talks one sees clearly the core elements of Leopold’s mature thinking, which centered not on specific land-use practices (good or bad), but instead on what he saw as deep flaws in American culture. Leopold’s sharp cultural criticism—more clear in these talks than in his lyrical, muted classic, A Sand County Almanac—called into question not just …

The Overlooked Role Of The National Environmental Policy Act In Protecting The Western Environment: Nepa In The Ninth Circuit, Michael C. Blumm, Keith Mosman

Washington Journal of Environmental Law & Policy

Critics widely disparage the National Environmental Policy Act (NEPA) for being a mere “paper tiger” or bureaucratic red-tape. The U.S. Supreme Court has surely encouraged this perception by treating the statute with consistent hostility, reducing it to a requirement only to follow prescribed administrative procedures but not produce any environmental results. But in the Ninth Circuit, NEPA lives a more important life, since that court has not forgotten NEPA’s essential environmental purpose. This article examines four lines of cases in the Ninth Circuit that may show that NEPA’s future might reflect its conservation purpose. These cases 1) deny NEPA plaintiffs …

Center For Terrorism Law: Monthly Activity Report, 2012-12, St. Mary's University School Of Law Center For Terrorism Law

Monthly Report

No abstract provided.

The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti

Elisabeth Haub School of Law Student Publications

This article explores the question of whether natural gas can still be considered a clean fuel by probing the relationship of water law and hydraulic fracturing in New York State. The paper begins by explaining the geology of tight shales, the engineering techniques needed to extract gas from solid rock, and the density and location of drilling that would be allowed under New York State law. Relying on information provided by the New York State Department of Environmental Conservation, scientific studies, and press accounts of the unprecedented citizen advocacy on this matter, it goes on to show the sharp distinction …

Public Performance Rights In The Digital Age: Fixing The Licensing Problem, G. S. Hans

Michigan Law Review First Impressions

Recent technological advances have allowed consumers to reinvent the mixtape. Instead of being confined to two sides of an audiocassette, people can now create playlists that stretch for hours and days on their computers, tablets, mobile devices, and MP3 players. This, in turn, has affected how people consume and listen to music, both in isolation and in groups. As individuals and business owners in the United States use devices to store, organize, and listen to music, they inevitably run up against the boundaries of U.S. copyright law. In general, these laws affect businesses more often than private individuals, who can …

Occupation Law During And After Iraq: The Expedience Of Conservationism Evidenced In The Minutes And Resolutions Of The Iraqi Governing Council, Jordan E. Toone

Jordan E. Toone

The legality of the 2003 invasion of Iraq has received extensive scholarly attention. The legality of America’s use of force and administrative authority during the occupation of Iraq, on the other hand, has received far less critical interest. Specifically, scholars have paid relatively limited attention to the manner and degree to which the U.S. adhered to its responsibilities under the international law of occupation. These scholars have either (1) confined their analyses merely to the relevance of traditional occupation law to contemporary occupations, thereby truncating serious investigation into the legal questions surrounding the occupation of Iraq, or (2) relied solely …

Jurisprudential Analysis Of The African Court On Human And Peoples Rights: From 2004 To 2010, Lucky Michael Mgimba Mr., Stephen J. Waters Mr.

Lucky Michael Mgimba

The paper is divided into four sections: (1) the paper begins with this introduction, consisting of a synopsis of the history and structure of the African human rights system; (2) section two of the paper analyses the establishment of the African Court on Human and Peoples Rights, and other substantial matters regarding the court; (3) the third section provides a critical analysis of the jurisprudential developments from 2004 to 2010, guided by a case study on the Michelot Yogombaye case; (4) the fourth and final section of the paper concludes with a brief summary of the material covered and concluding …

A Teoria Do Contrato No Paradigma Constitucional, Lucas Abreu Barroso

Lucas Abreu Barroso

The transition from the rule of law to the constitutional state resulted in the neoconstitutionalist model guided by the protection of fundamental rights. Indeed, civil law and its traditional institutions were conditioned by the public penetration in the private relations. The constitutionalization of civil law presupposes the existential dimension as the core of civil law, which is now concerned with the values emanated from the being in the political community. Therefore, it is necessary to have a reformulation of the concept of subject of rights in the way of a substantive equality as a legitimizing reason of civil law. The …

- Los Animales Desde Una Perspectiva Del Derecho ¿Son Realmente Objetos De Derecho O Requieren De Una Nueva Categorización?., Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.

Social Responsibility In Corporate Investment, Patrick M. Talbot

Patrick M Talbot

ABSTRACT

(Social Responsibility in Corporate Investment)

In our increasingly globalized economy, many transnational and multinational enterprises have sought to take advantage of investment opportunities in foreign nations, often in less developed countries. This can be a good opportunity for both the foreign investor and the host country, if properly managed and directed. In the last several decades, however, corporate investors have fallen under intense scrutiny for social problems they have caused or been directly or indirectly involved in. These have involved reports of abuse of labor, mistreatment of local inhabitants, misappropriation of land and resources, and crimes. Corporate involvement in …

Law Libraries Linking Data To Mobile Devices: Save Patrons’ Time And Stay Hip, Anna Russell, Carli Spina

AALL/LexisNexis Call for Papers

No abstract provided.

15 De La Ley General De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Recusal, Government Ethics, And Superannuated Constitutional Theory, Keith Swisher

Keith Swisher

Something good and something bad happened recently in government and judicial ethics; no one has truly noticed yet for some reason. The Supreme Court all but banned First Amendment analysis as applied to recusal laws, both legislative and judicial. That, actually, is the good thing, or so I argue. The bad thing is that the Court, in doing so, used a geriatric approach to constitutional theory. The approach is unduly reverent of anything “old;” and old is not limited to the practices of the Founding Fathers, but also includes “traditional” practices within some undefined range. But what is old is …

Fair Trial Guarantees Before The Court Of Arbitration For Sport, Jernej Letnar Cernic

Jernej Letnar Černič

The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees also exist before the Court of Arbitration for Sport. It attempts to identify whether the Court of Arbitration for Sport follows the fair trial guarantees developed in the jurisprudence of the European Court of Human Rights. This article thereafter tries to draw out an understanding of fair trial guarantees in sports arbitration.

The Romantic Corporation: Trademark, Trust, And Tyranny, Malla Pollack

Malla Pollack

Humans in the United States, and many other market-centric nations, live in a world extensively populated by friendly, helpful, honest, charitable, patriotic beings worthy of our respect and support – none of whom exist. Yet these fellow-beings speak to us humans so often that they must be part of our ingrained perception of the world. Who are they? They are the marketing personas created by totally self-interested businesses. They harm humans not only by misdirection in specific instances, but by providing cover for our government’s improper prioritization of corporate interests over human interests. This systemic distortion of public perception is …

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …

Asymmetries And Incentives In Plea Bargaining And Evidence Production, Saul Levmore, Ariel Porat

Ariel Porat

Legal rules severely restrict payments to fact witnesses, though the government can often offer plea bargains or other nonmonetary inducements to encourage testimony. This asymmetry is something of a puzzle, for most asymmetries in criminal law favor the defendant. The asymmetry seems to disappear where physical evidence is at issue. One goal of this Essay is to understand the distinctions, or asymmetries, between monetary and nonmonetary payments, testimonial and physical evidence, and payments by the prosecution as opposed to the defense. Another is to suggest ways in which law could better encourage the production of evidence, and thus the efficient …

Is Aid Conditionality The Answer To Antigay Legislation? An Analysis Of British And American Foreign Aid Policies Designed To Protect Sexual Minorities, Adam Kretz

Adam Kretz

This Article examines several emerging questions in international law. First, is aid conditionality that takes into account the treatment of LGBT people an effective mechanism to foment changes to antigay laws in other nations? If so, have the policies to do so announced by the British and American governments the appropriate way to institute these policies? After examining both aid policies and the attendant negative reactions to those policies by foreign governments, I conclude that the policies, while well intentioned, are not constructed in a manner that would encourage the bootstrapping-up of rights for LGBT people in countries threatened with …

Del “Descontrol” De La Producción Normativa En Materia De Contratación Pública En Colombia / The “Chaos” Of Public Procurement Legislation In Colombia, Javier Rincón Salcedo

Javier Rincón Salcedo

El presente artículo busca presentar una reflexión sobre los efectos que se derivan de la disfuncionalidad en la expedición de normas en materia de contratación pública. Una reflexión que concentrada en el análisis de las actividades de interventoría y supervisión contractual, procura demostrar cómo las disfuncionalidades normativas impiden alcanzar estándares adecuados de eficiencia en el desarrollo de la función pública. A su vez, aproximándose desde una perspectiva normativa a la reflexión sobre las consecuencias prácticas de las disfuncionalidades de tipo reglamentario y de control, el artículo busca dejar en evidencia que, contrario a lo afirmado por los órganos gubernamentales, las …

¿Qué Es Transparencia?, Rafael Ramírez Villaescusa

Rafael Ramírez Villaescusa

El reciente proceso de consolidación democrática experimentado por México en la última década ha estado acompañado de una serie de políticas públicas encaminadas a fortalecer la participación ciudadana dentro de la toma de decisiones, así como la rendición de cuentas gubernamental. Una de esas acciones consistió en la promulgación, durante el sexenio del Presidente Fox, de la Ley Federal de Transparencia y Acceso a la Información Pública Gubernamental. Lo anterior, además, se inscribió en el contexto de un movimiento global a favor del derecho a saber, impulsado por diversas organizaciones internacionales. Parece ser que la transparencia llegó para quedarse, lo …

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …