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La Publication En Libre Accès Au Cœur De La Demande Européenne. État Des Lieux Et Enjeux Juridiques En Matière De Diffusion De La Recherche, Lucie Guibault 2016 Dalhousie University Schulich School of Law

La Publication En Libre Accès Au Cœur De La Demande Européenne. État Des Lieux Et Enjeux Juridiques En Matière De Diffusion De La Recherche, Lucie Guibault

Articles, Book Chapters, & Popular Press

Impulsées par le numérique, de nouvelles méthodes de travail scientifique se sont développées, favorisant la diffusion et le partage des résultats et des données de la recherche dans un objectif d’intérêt public. Dans ce nouveau contexte, les acteurs de la recherche s’appuient de plus en plus sur des programmes européens afin de financer leurs projets scientifiques. Or, les pays de l’Union européenne ne sont pas dotés d’une législation harmonisée en matière de droit d’auteur. Ces nouveaux modes de diffusion bouleversent les systèmes de pensée, les modèles économiques mais aussi les usages. Une journée d'étude permettra d'aborder ces questions.


Constitutional Change And Wade's Ultimate Political Fact, Richard Kay 2015 Selected Works

Constitutional Change And Wade's Ultimate Political Fact, Richard Kay

Richard Kay

This is a retrospective review of H.W.R. Wades classic article on parliamentary sovereignty in the United Kingdom, The Basis of Legal Sovereignty, published in 1955. I discuss the legal background against which the essay was written and particularly the South African case of Harris v. Minister of the Interior that was the centerpiece of Wade’s analysis. I survey Wade’s differences with Ivor Jennings, the leading figure among the then active academic defenders of Parliament’s power to impose “manner and form” limitations on future parliaments. I also compare Wade’s identification of an “ultimate political fact” supporting the legal system with Hans …


Procedural Review And Substantive Review: Can The Two Be Combined? Towards A Semiprocedural Model In Israel ביקורת שיפוטית תוכנית וביקורת שיפוטית הליכית: הילכו שניים יחדיו? לקראת מודל סמי-פרוצדורלי בישראל, Ittai Bar-Siman-Tov 2015 Bar-Ilan University

Procedural Review And Substantive Review: Can The Two Be Combined? Towards A Semiprocedural Model In Israel ביקורת שיפוטית תוכנית וביקורת שיפוטית הליכית: הילכו שניים יחדיו? לקראת מודל סמי-פרוצדורלי בישראל, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article argues for the development of a semi-procedural model of judicial review in Israel. The semi-procedural model merges substantive judicial review, in which courts examine the constitutionality of the law’s content, and procedural judicial review, in which courts examine the law’s enactment process.
The article makes five main contributions to the study of judicial review models. First, the article develops the conceptual and theoretical understanding of the semi-procedural model and its differences from the two other models of judicial review. Second, the article analyzes the development of the semi-procedural model around the world. Third, the article reveals the ambivalent …


A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie M. Reid 2015 Lincoln Memorial University - Duncan School of Law

A Comparative Approach To Economic Espionage: Is Any Nation Effectively Dealing With This Global Threat?, Melanie M. Reid

Melanie M. Reid

In 1996, Congress passed the Economic Espionage Act (EEA) to help thwart attempts by foreign entities from stealing U.S. companies’ proprietary information and trade secrets. The EEA focuses on the state-sponsored targeting of U.S. trade secrets and technology misappropriated with the intent to benefit a foreign government or an instrumentality. Currently, any and all U.S. technology that is vulnerable and profitable is being targeted. However, few cases have been filed using 18 U.S.C. Section 1831 (EEA). This article identifies the United States’ and other countries’ responses to economic espionage and who are the leading offenders. The article then evaluates this …


Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After Title Iii Of The U.S. Jobs Act, Chang-hsien Tsai 2015 Institute of Law for Science & Technology, National Tsing Hua University

Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After Title Iii Of The U.S. Jobs Act, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

Crowdfunding has caused a worldwide revolution in early-stage startup financing during recent years.  In the United States, the expansion of for-profit crowdfunding platforms to fund small businesses and startups prompted Congress to pass the game-changing law on equity crowdfunding, Title III of the JOBS Act in 2012 (“CROWDFUND Act”).  While its specific rules and regulations as adopted by the SEC takes effect this year, the substance of the JOBS Act as a whole is geared more towards the goal of capital formation, over the historically promoted goal of investor protection.  The use of equity crowdfunding has extended over to Taiwan …


Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler 2015 John Marshall Law School

Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler

Raizel Liebler

YouTube’s first music awards surprised many mainstream music fans in 2013, when the Korean pop (“K-pop”) group Girls’ Generation beat out many U.S. pop music stars for Video of the Year (Yang, 2013). In 2015, the fans of K-pop group T-ara won Billboard’s Fan Army Face-Off, beating out the fans of well-established Western artists like One Direction and Beyoncé (“Fan Army,” 2015). The matchup against One Direction led to the globally trending hashtag on Twitter, #WeLove1DandKpop (“Fan Army,” 2015). While some U.S. critics and Western music fans may see these events as flukes, there is a complex history at play …


Genealogies Of Cost–Benefit Analysis In Transatlantic Regulatory Cooperation, Fernanda Nicola 2015 American University Washington College of Law

Genealogies Of Cost–Benefit Analysis In Transatlantic Regulatory Cooperation, Fernanda Nicola

Fernanda G. Nicola

Cost–benefit analysis (CBA) has become a quintessential tool in administrative law informing a variety of modes of regulatory governance. It provides a justification for the regulation of markets based on a quasi-scientific and seemly neutral logic to assess the impact of secondary legislation by government agencies. A new frontier for CBA is the promotion of trade liberalization. It features prominently in the regulatory chapter of the Transatlantic Trade and Investment Partnership (TTIP). During the TTIP negotiations, scholars deployed CBA as a “neutral” tool to achieve greater convergence or reassert divergence and experimentalism in regulatory governance across the Atlantic. A genealogical …


Comparative Perspectives On Strategic Remedial Delays, Holning Lau 2015 University of North Carolina School of Law

Comparative Perspectives On Strategic Remedial Delays, Holning Lau

Holning Lau

In controversial constitutional cases, courts sometimes grant the government an extended period of time to correct rights violations — what I call “remedial grace periods” — hoping that the postponed implementation of change will temper backlash. The most well-known example of such remedial delay followed the United States Supreme Court decision in Brown v. Board of Education II. This Article spotlights a more recent remedial grace period. In Minister of Home Affairs v. Fourie, South Africa’s highest court ruled that depriving same-sex couples of marriage was unconstitutional. It could have implemented same-sex marriage immediately by reading it into law, but …


Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao 2015 Catholic University of America, Columbus School of Law

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Authoritarian Member States In International Organizations, Matt Barg 2015 University of San Francisco

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …


The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna 2015 University of San Francisco

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …


Tilting Toward The Light: Translating The Medieval World On The Ming-Mongolian Frontier, Carla Nappi 2015 University of British Columbia

Tilting Toward The Light: Translating The Medieval World On The Ming-Mongolian Frontier, Carla Nappi

The Medieval Globe

Ming China maintained relationships with neighboring peoples such as the Mongols by educating bureaucrats trained to translate many different foreign languages. While the reference works these men used were designed to facilitate their work, they also conveyed a specific vision of the past and a taxonomy of cultural differences that constitute valuable historical sources in their own right, illuminating the worldview of the Chinese-Mongolian frontier.


Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler 2015 University of Illinois, Urbana-Champaign

Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler

The Medieval Globe

This essay explores how the poetry collection Wakan rōeishū becomes an important allusive referent for two medieval Japanese works, the travelogue Kaidōki and the nō play Tsunemasa. In particular, it focuses on how Chinese poems from the collection become the means for describing Japanese spaces and their links to power, in the context of a changing political landscape.


The Painter, The Warrior, And The Sultan: The World Of Marco Polo In Three Portraits, Sharon Kinoshita 2015 University of California, Santa Cruz

The Painter, The Warrior, And The Sultan: The World Of Marco Polo In Three Portraits, Sharon Kinoshita

The Medieval Globe

In the wake of Edward Said’s Orientalism and postcolonial theory, Marco Polo is often cast as a quintessentially Western observer of Asian cultures. This essay seeks to break his text out of the binaries in which it is frequently understood. Returning the text to its original title, “The Description of the World,” it reconstructs the diversity of late thirteenth-century Asia through the portraits of three figures who were Marco’s contemporaries.


Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn 2015 De Montfort University

Towards A Connected History Of Equine Cultures In South Asia: Bahrī (Sea) Horses And “Horsemania” In Thirteenth-Century South India, Elizabeth Lambourn

The Medieval Globe

This article explores ways that the concept of equine cultures, developed thus far principally in European and/or early modern and colonial contexts, might translate to premodern South Asia. As a first contribution to a history of equine matters in South Asia, it focuses on the maritime circulation of horses from the Middle East to Peninsular India in the thirteenth century, examining the different ways that this phenomenon is recorded in textual and material sources and exploring their potential for writing a new, more connected history of South Asia and the Indian Ocean world.


The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles 2015 University of Illinois, Urbana-Champaign

The Geographic And Social Mobility Of Slaves: The Rise Of Shajar Al’Durr, A Slave-Concubine In Thirteenth-Century Egypt, D. Fairchild Ruggles

The Medieval Globe

Large numbers of outsiders were integrated into premodern Islamic society through the institution of slavery. Many were boys of non-Muslim parents drafted into the army, and some rose to become powerful political figures; in Egypt, after the death of Ayyubid sultan al-Salih (r. 1240–49), they formed a dynasty known as the Mamluks. For slave concubines, the route to power was different: Shajar al-Durr, the concubine of al-Salih, gained enormous status when she gave birth to his son and later governed as regent in her son’s name, converting to Islam after her husband’s death and then reigning as sultan in her …


Identity In Flux: Finding Boris Kolomanovich In The Interstices Of Medieval European History, Christian Raffensperger 2015 Wittenberg University

Identity In Flux: Finding Boris Kolomanovich In The Interstices Of Medieval European History, Christian Raffensperger

The Medieval Globe

The politics of kinship and of monarchy in medieval eastern Europe are typically constructed within the framework of the modern nation-state, read back into the past. The example of Boris Kolomanovich, instead, highlights the horizontal interconnectivity of medieval Europe and its neighbors and demonstrates the malleability of individual identity within kinship webs, as well as the creation of situational kinship networks to advance individuals’ goals.


Periodization And “The Medieval Globe”: A Conversation, Kathleen Davis, Michael Puett 2015 University of Rhode Island

Periodization And “The Medieval Globe”: A Conversation, Kathleen Davis, Michael Puett

The Medieval Globe

The period categories “medieval” and “modern” emerged with—and have long served to define and legitimate—the projects of western European imperialism and colonialism. The idea of “the medieval globe” is therefore double edged. On the one hand, it runs the risk of reconfirming the terms of the colonial, Orientalist history through which the “medieval” emerged, thus homogenizing the plural temporalities of global cultures and effacing the material effects of the becoming of the Middle Ages and its relationship to conditions of globalization. On the other hand, “the medieval globe” brings to bear a comparative focus that does not ask when and …


Editor’S Preface, Carol Symes 2015 University of Illinois, Urbana-Champaign

Editor’S Preface, Carol Symes

The Medieval Globe

No abstract provided.


The Medieval Globe 2.1 (2016), Carol Symes 2015 University of Illinois, Urbana-Champaign

The Medieval Globe 2.1 (2016), Carol Symes

The Medieval Globe

No abstract provided.


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