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Articles 1 - 28 of 28
Full-Text Articles in Law
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Eileen Kaufman
No abstract provided.
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
From Music Tracks To Google Maps: Who Owns Computer-Generated Works?, Mark Perry, Thomas Margoni
Mark Perry
Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.
Three Stories And Their Morals, Robert B. Bennett
Three Stories And Their Morals, Robert B. Bennett
Robert B. Bennett
Fundamentally, the common law tradition is a collection of stories. Stories also become the law professor's stock in trade. We tell students stories or have them read stories in the form of cases or hypothetical situations and help them discern the morals to the stories-i.e., what the stories mean in the context of business or in their business lives? In a sense, that is what the Socratic Method is all about: analyzing stories in the form of cases and discerning their greater meaning. In this paper I will relate three true stories within the context of just-in-time production management and …
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
Mark Perry
Many papers in this collection discuss the history and development of Bill C-32, An Act to Amend the Copyright Act, introduced into the Canadian Parliament on 2 June 2010, so that analysis will not be duplicated here. Among the failures of copyright reform has been the lack of addressing the required “balancing” of proprietary rights on the one hand, with user rights and the public domain on the other. Rights Management Information (RMI) can aid in this balancing. The RMI of a work is simply data that provide iden- tification of rights related to that work, either directly or indirectly. …
Working For Another Miracle, César Rosado Marzán
Working For Another Miracle, César Rosado Marzán
César F. Rosado Marzán
No abstract provided.
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
Law For Foreign Business And Investment In China, Vai Lo, Xiaowen Tian
Law For Foreign Business And Investment In China, Vai Lo, Xiaowen Tian
Xiaowen Tian
In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution.Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts …
An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer
An Inconvenient Truth: Legal Implications Of Errors In Breath Alcohol Analysis Arising From Statistical Uncertainty, Ian R. Coyle, David Field, Graham A. Starmer
David Field
The general practice in courts throughout Australia is to accept without question the accuracy of what are popularly referred to as 'breathalysers', or breath analysis instruments as they are legally described. The possibility that they might be providing false readings is only considered if that possibility is raised as a matter of evidence by a motorist who has been breathalysed, and who now faces the prospect of legal sanctions as a result of what it is alleged was revealed by the breath analysis instrument. In this article, it is argued that the methodological and statistical bases for such an assumption …
Derecho Y Literatura, Jose R. Nina
Derecho Y Literatura, Jose R. Nina
Jose R. Nina Cuentas
Anotaciones sobre el significado de la creatividad literaria en el estudio y la aplicación del Derecho
Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire
Chad J McGuire
If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman
If Ethanol Is The Answer, What Is The Question, Peter Z. Grossman
Peter Z. Grossman
Since 2005, in the face of rising oil and gasoline prices, many Americans have looked to plant-based fuels, particularly ethanol, as the "answer" to our energy dilemmas. Section III examines the issues connected specifically to ethanol, how market forces as well as government subsidies have worked to make corn-based ethanol economically viable at times, why that viability has been lost in recent months even with subsidies, and further, why ethanol from corn on the scale the legislation demands is impractical. Clearly it would be technically possible to produce the mandated 15 billion gallons of ethanol, and distilling capacity will nearly …
Rethinking Immigration Detention, Anil Kalhan
Rethinking Immigration Detention, Anil Kalhan
Anil Kalhan
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have documented and analyzed a wide range of detention-related concerns, including mandatory and presumed custody, coercion and other due process violations, inadequate access to counsel, prolonged and indefinite custody, inadequate conditions of confinement, and violations of international law obligations. With the number of detainees skyrocketing since the 1990s, these concerns have rapidly proliferated - to the …
Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.
Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.
Donna M. Hughes
Should The Doctrine Of Undisclosed Principal Be Retained?, Ibrahim Sule
Should The Doctrine Of Undisclosed Principal Be Retained?, Ibrahim Sule
Ibrahim Sule
The article investigates whether or not the doctrine of undisclosed agency - one of the most criticized doctrines of agency law should be retained by English Law.
The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland
The Aims Of Public Scholarship In Media Law And Ethics, Erik Ugland
Erik Ugland
No abstract provided.
Bioacoustical Warfare: Winter V. Nrdc And False Choices Between Wildlife And Technology, Matthew Axtell
Bioacoustical Warfare: Winter V. Nrdc And False Choices Between Wildlife And Technology, Matthew Axtell
Matthew Axtell
No abstract provided.
Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen
Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen
Harlan J Onsrud
Access to earth observation data has become critically important for the wellbeing of society. A major impediment to achieving widespread sharing of earth observation data is lack of an operational web-wide system that is transparent and consistent in allowing users to legally access and use the earth observations of others without seeking permission from data contributors or investigating terms of usage on a case-by-case basis. This article explores approaches to supplying a license-based system to overcome this impediment in the context of the Global Earth Observation System of Systems. It discusses the benefits and drawbacks of the explored approaches and …
Keeping Incest In The Family, David Field
Keeping Incest In The Family, David Field
David Field
In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency …
Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud
Legal Interoperability In Support Of Spatially Enabling Society, Harlan J. Onsrud
Harlan J Onsrud
Spatial data is critically important for the wellbeing of society. Yet appropriate spatial data is often very difficult to find and, when found, the legal ability to use it is often in question. Lack of an operational web-wide capability allowing users to legally access and use the geospatial data of others without seeking permission on a case-by-case basis remains as an entrenched major impediment to general spatial enablement for all sectors in society. This chapter presents a legal inter-operability vision for offering, acquiring, and using spatial data and proposes an operational environment for gaining much greater legal clarity and efficiency …
The Public-Private Dichotomy In Morality And Law, Larry D. Barnett
The Public-Private Dichotomy In Morality And Law, Larry D. Barnett
Larry D Barnett
The article advances the thesis that the doctrines and concepts of law are attributable to the properties of society and to the forces molding these properties. The thesis, after being illustrated with the federal Investment Advisers Act, is assessed quantitatively using data from the General Social Survey. The Survey interviews a national sample of adults in U.S. households, and in 1991, it ascertained whether interviewees classified morality as a private matter or as a public issue. The social values of interviewees on the public-private nature of morality were the dependent variable in a study that assumed (i) an activity is …
Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber
Anthropology, History And The "More Economic Approach" In European Competition Law - A Review Essay, David J. Gerber
David J. Gerber
In several works over the last decade, Wolfgang Fikentscher has reminded us that there are ways of viewing competition law that need not begin and end with economics—its concepts, its language, and its science-based normative stance. Discussions of competition law in the United States and increasingly in Europe generally dismiss or marginalize views of competition law that are not circumscribed by economic science. In the works reviewed here, Fikentscher takes issue with the so-called “more economic approach” to law, particularly, competition law. As he has said on other occasions, he favors “a less economic approach” to competition law. Many in …
Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber
Convergence In The Treatment Of Dominant Firm Conduct: The United States, The European Union, And The Institutional Embeddedness Of Economics, David J. Gerber
David J. Gerber
Discussions of the competition law treatment of dominant firms often center on the issue of whether EU and U.S. law in this area are likely to converge and thereby provide a more uniform legal terrain for the activities of such firms. Curiously, however, discussions of convergence seldom pay careful attention to key issues such as “What are the differences in the role of economics in the respective legal systems and which factors are likely to affect significantly the likelihood of convergence?”. They often hover in a somewhat mystical realm in which convergence is just expected to “happen”.
In this essay, …
Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma
Dr. Saumya Uma
Kandhamal: The Law Must Change Its Course, Saumya Uma
Kandhamal: The Law Must Change Its Course, Saumya Uma
Dr. Saumya Uma
Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha
Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.
Dred Scott Vs. The Dred Scott Case: History And Memory Of A Signal Moment In American Slavery, 1857-2007, Adam Arenson
Dred Scott Vs. The Dred Scott Case: History And Memory Of A Signal Moment In American Slavery, 1857-2007, Adam Arenson
Adam Arenson
The Dred Scott Case centered on the Scott family—Dred and Harriet, and their daughters Eliza and Lizzie—but in the recorded history, after March 6, 1857 the Scotts suddenly fade, as if their lives ended that day in the courthouse. They did not. Elsewhere I have examined how the Dred Scott decision catalyzed the transformation of St. Louis politics, turning Missouri toward gradual emancipation just as the South’s proslavery advocates were declaring victory. And I have described how the Scotts’ lives were recovered to memory through the actions spearheaded by their descendents. Here I chronicle how the legacies of the Dred …
Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte
Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte
Prof. Ryan T. Holte
Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.