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Law

2009

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Articles 1 - 30 of 33

Full-Text Articles in Social and Behavioral Sciences

The Evolution Of Copyright Law In The Arts, Kevin Liftig Dec 2009

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made …


Private Fund Adviser Registration Act Hr-3818, Anita Krug Nov 2009

Private Fund Adviser Registration Act Hr-3818, Anita Krug

All Faculty Scholarship

This paper comments on the Obama administration's 2009 proposal for the regulation of hedge fund investment advisers.


Right By Children: Children's Rights And Rights Based Approaches To Policy Making In Early Childhood Education And Care: The Case Of Ireland, Noirin Hayes, Siobhan Bradley Nov 2009

Right By Children: Children's Rights And Rights Based Approaches To Policy Making In Early Childhood Education And Care: The Case Of Ireland, Noirin Hayes, Siobhan Bradley

Reports

No abstract provided.


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a bill that will give Rhode Island the prostitution law it needs to combat the growing sex industry and sex trafficking. 

Many letters and reports have been written describing the problems that decriminalized prostitution has created for Rhode Island. We know that women from foreign countries are here in the spa-brothels. We know that U.S teens are trafficked here from other states. We know there is much evidence of sex trafficking in the Asian spa-brothels and strip clubs. 


Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a trafficking bill that will do two things: 
1) Criminalize forced labor as a form of human trafficking. 
2) Make it easier to prosecute sex trafficking of minors by removing the requirement to prove force, fraud, or coercion. 


The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz Oct 2009

The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz

Nebraska State Constitution

No abstract provided.


September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins Sep 2009

September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins

David Randall Jenkins, Ph.D.

The September 11, 2001 attacks derive from British convictions involving the April 21, 1946 murder of John Maynard Keynes.


Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr. Sep 2009

Senators' Prostitution Bill Is A Sham, Donna M. Hughes Dr.

Donna M. Hughes

RHODE ISLAND needs a good prostitution law to halt the metastasizing problems of prostitution and sex trafficking. The growing number of spas and clubs are sordid destinations for foreign women and teens from around the Northeast. To address this problem, both the House and the Senate have passed bills they claim “close the loophole.” But the competing bills are profoundly different in their probable effectiveness. 


The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang Sep 2009

The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This paper is intended to be a contribution to the literature on claims of the democratising effect of the Internet. The paper begins by setting out the arguments and also critiques of claims of the democratising power of the Internet. In order to test the validity of these arguments, the author will undertake a comparative study of the impact of the Internet on recent general elections in Malaysia and Singapore. The study will demonstrate that in the case of Singapore, the Internet has merely exerted some pressure on the pre-existing laws and state-imposed norms governing free speech; in contrast, in …


Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr. Aug 2009

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Now is the time to speak your voice and urge your Senator to pass the House bill H5044A. Now is the time to close the loophole of indoor prostitution in Rhode Island. Negotiations are ongoing, so please write letters to your senator and circulate petitions now. 


Law, Economics, And Religion, Vikas Kumar Aug 2009

Law, Economics, And Religion, Vikas Kumar

Vikas Kumar

No abstract provided.


Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr. Aug 2009

Sex Radicals Target Rhode Island, Margaret Brooks, Donna M. Hughes Dr.

Donna M. Hughes

Citizens Against Trafficking responds to the letter from 50 academics who support the status quo of decriminalized prostitution (indoors) in Rhode Island.On July 31, 2009, a letter co‐authored by Ronald Weitzer and Elizabeth Anne Wood and signed by 48 other “members of the academic community” was sent to the Rhode Island General
Assembly opposing any bill banning prostitution indoors.


Financial Regulatory Reform And Private Funds, Anita Krug Jul 2009

Financial Regulatory Reform And Private Funds, Anita Krug

All Faculty Scholarship

This white paper comments on the Obama administration's June 2009 proposal for the regulation of hedge fund investment advisers.


The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr. Jul 2009

The Obstructionism Of Senator Paul Jabour, Donna M. Hughes Dr.

Donna M. Hughes

“I am disappointed in the last minute amendments [to the prostitution bill]. For Senator Jabour “to suggest that after all we have suffered through, with the way we are perceived as a state and the [lack of] tools we need in a court room; to suggest that [prostitution] is a violation, something like a traffic ticket, is a woeful decision. [Jabour’s amendments] are “what derailed [the prostitution bill] in the last week.” – Attorney General Patrick Lynch, on Channel 10 News Conference, July 12, 2009

Against all logic and political wisdom, in the closing weeks of the Assembly session last …


Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark Jul 2009

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark

Theses and Dissertations

The conflict between the First Amendment and the Sixth Amendment is not new nor is it easily decipherable. Both amendments appear to have absolute priority, yet they appear to conflict (Erickson, 1977). The First Amendment declares unequivocally, "Congress shall make no law...abridging the freedom of speech, or of the press[,]" while the Sixth Amendment states with equal force, "In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." (U.S. Constitution, Amendment I, Amendment VI). Free speech and an unrestricted …


Confidential Sources And Contempt Of Court: An Argument For Change, Angel Fahy Jul 2009

Confidential Sources And Contempt Of Court: An Argument For Change, Angel Fahy

Dissertations

This thesis sought to examine the law on contempt of court as it pertained to journalists’ refusal to give evidence that would reveal the identity of their confidential sources of information. It argued that current law in this jurisdiction does not go far enough to protect journalists’ sources and, consequently, press freedom. It contended that despite the introduction of a statutory provision in the UK to provide qualified immunity from contempt charges for journalists who refused to reveal their sources, the law is not sufficiently clear to allow journalists to grant confidentiality without fear of prosecution. This thesis found that …


Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr. Jun 2009

Governor Carcieri Calls For Passage Of Prostitution Bill, Donna M. Hughes Dr.

Donna M. Hughes

On Thursday (June 18, 2009), Governor Carcieri held a press conference to support Gianinni’s prostitution bill (H 5044A) and her House trafficking bill (H 5661A). Giannini’s bill will create laws against prostitution to “close the loophole” as it is often referred to. Joining the governor were Representative Joanne Giannini, the sponsor of the bills, Stacey Pires Veroni, Assistant Attorney General, Col. Doherty, Superintendent of the Rhode Island State Police, Representative Roberto DaSilva, and Donna M. Hughes, Professor at the University of Rhode Island. 


Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr. Jun 2009

Testimony In Support Of "An Act Relating To Criminal Offenses--Prostitution" At Governors Press Conference, Rhode Island, Donna M. Hughes Dr.

Donna M. Hughes

Prostitution is harmful to individuals involved, their families and the community. It is not a victimless activity or just a private sex act. Up to 90% of women in prostitution are beaten and raped by pimps and the men who buy sex. Approximately 90% are addicted to drugs and alcohol. They suffer depression and hopelessness; suicide attempts are common. For visual, physical evidence of the harm caused by prostitution, please look at this collection of serial photographs of prostitutes as they are being destroyed over time by prostitution and drug use. 

Because of decriminalized prostitution indoors, the sex industry is …


Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr. Jun 2009

Testimony On Human Trafficking Bill, Rhode Island Senate Judiciary Committee, Donna M. Hughes Dr.

Donna M. Hughes

 In 2007, the Rhode Island General Assembly passed an anti-human trafficking law. To date, there have been no prosecutions. There are three serious problems with the present Rhode Island law that need to be remedied in order to effectively combat human trafficking. 


Judicial Martial Law - Appendix, David Randall Jenkins Jun 2009

Judicial Martial Law - Appendix, David Randall Jenkins

David Randall Jenkins

No abstract provided.


Medical Negligence And Mrsa Claims:Is The Law Of Tort Efficient Enough?, Bridget Kelleher May 2009

Medical Negligence And Mrsa Claims:Is The Law Of Tort Efficient Enough?, Bridget Kelleher

Dissertations

In the last number of years, the Irish Health Service has come under major criticism. The emergence of Hospital Acquired Infections has sent the Health sector in to a state of disarray. The most common of these infections is Methicillin Resistant Staphylococcus Aureus (MRSA) which has now become a term of everyday language. By 1960, the United Kingdom (U.K) discovered that methicillin could combat this staphylococcus (staph) aureus infections. However by 1961,the staph aureus strain had evolved and created a new resistance to methicillin which became known as MRSA. The law of medical negligence, has devised it's own rules to …


Religion, The Law And The Human Rights Of Women In The Middle East: A Quantitative Analysis, Tyra Murielle Bouhamdan Apr 2009

Religion, The Law And The Human Rights Of Women In The Middle East: A Quantitative Analysis, Tyra Murielle Bouhamdan

Political Science Theses

The human rights of women in The Middle East and North Africa (MENA) have been a subject of unresolved debate among sociologists, economists, and political scientists alike, as this region’s gender related human rights performance remains uniquely weaker compared to other geographic regions in the world. Most notably, the human rights of women in the region have been lagging in the area of family law. The following paper assesses gender inequity in the MENA region from a legal perspective, with a focus on family law and legal pluralism, and with the intent to shed light on domestic legal institutions as …


Social Networking As A Communications Weapon To Harm Victims: Facebook, Myspace, And Twitter Demonstrate A Need To Amend Section 230 Of The Communications Decency Act, Joshua N. Azriel Apr 2009

Social Networking As A Communications Weapon To Harm Victims: Facebook, Myspace, And Twitter Demonstrate A Need To Amend Section 230 Of The Communications Decency Act, Joshua N. Azriel

Faculty and Research Publications

The article discusses how social networking sites can pose a danger to victims of online offensive content. Part II provides an overall analysis of the dangers the Internet, especially social networking, poses to victims. Part III reviews Section 230 of the CDA, including the “Good Samaritan” provisions for social networking websites such as Twitter and Facebook. Part IV analyzes three recent court cases that demonstrate how these social networking tools are used as weapons to harm victims. Part V concludes with a discussion of how the growing number of online incidents stem from social networking sites. It recommends that Congress …


The Regulatory Response To Madoff, Anita Krug Mar 2009

The Regulatory Response To Madoff, Anita Krug

All Faculty Scholarship

This white paper evaluates investor protection mechanisms in the securities regulatory regime at the time the Madoff fraud was exposed. It considers whether the post-Madoff call for additional regulation of hedge funds and/or their managers - and/or their respective activities - was warranted.


Judicial Martial Law, David Randall Jenkins Feb 2009

Judicial Martial Law, David Randall Jenkins

David Randall Jenkins

No abstract provided.


The Hedge Fund Transparency Act Of 2009, Anita Krug Feb 2009

The Hedge Fund Transparency Act Of 2009, Anita Krug

All Faculty Scholarship

This white paper provides a review and critique of a bill introduced by Senators Charles Grassley (R-Iowa) and Carl Levin (D-Mich.) in the Senate in early 2009 that, if enacted, would have imposed certain registration and disclosure requirements on hedge funds and certain other private funds.


The Supremacy Of Ec Law In Ireland, Elaine Fahey Jan 2009

The Supremacy Of Ec Law In Ireland, Elaine Fahey

Articles

No abstract provided.


Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal Jan 2009

Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal

Ashok Agrwaal

The idea for the paper was born out of a consultation called by the Calcutta Research Group (CRG), on critically engaging with the issue of social justice in India. The discussions ranged over a broad spectrum, from the gritty essence of social justice issues in daily life, to theoretical constructs based upon accepted cannons, to the notion of examining the matter afresh, from first principles. After several false starts, I realised that I was allowing the vastness of the issue to overwhelm me. Finally, I decided to choose a theme and strictly adhere to the limitations imposed by my choice. …


Thesis On Adverse Possession, Kathleen O'Dwyer Jan 2009

Thesis On Adverse Possession, Kathleen O'Dwyer

Dissertations

Adverse possession has been described as a “debilitating” experience and acts as a “blunt instrument” of necessary legislation in modern society. It is a device that ends litigation. Legislation for abolition would lead to greater societal difficulties. Statistically land theft is rare and given that ownership of property carries a duty an owner should be vigilant. One sentence on the property folio could alert an owner of the danger of inadequate fencing. Although aspects of notification as in the Land Registration Act 2002 may be more desirable. The area of compensation payable to the title holder would be unworkable and …