Duty And Control In Intermediary Copyright Liability: An Australian Perspective, 2014 Queensland University of Technology
Duty And Control In Intermediary Copyright Liability: An Australian Perspective, Kylie Pappalardo
IP Theory
In the internet age, copyright owners are increasingly looking to online intermediaries to take steps to prevent copyright infringement. Sometimes these intermediaries are closely tied to the acts of infringement; sometimes – as in the case of ISPs – they are not. In 2012, the Australian High Court decided the Roadshow Films v iiNet case, in which it held that an Australian ISP was not liable under copyright’s authorization doctrine, which asks whether the intermediary has sanctioned, approved or countenanced the infringement. The Australian Copyright Act 1968 directs a court to consider, in these situations, whether the intermediary had the …
Myriad Stands Alone, 2014 New York Law School
Myriad Stands Alone, Jacob S. Sherkow, Christopher T. Scott
Articles & Chapters
Myriad took no prisoners on its way to the top of the molecular diagnostics field. That strategy is unlikely to endure.
Myriad Genetics began in 1991 as a small University of Utah startup interested in the then-novel arena of diagnostic genetic testing. After winning a highly publicized race to sequence the BRCA1 and BRCA2 breast cancer genes, the company obtained patents on the gene sequences and methods of using them to determine cancer risk. The patents were broad and interlocking, covering BRCA genomic DNA, cDNA, methods of diagnosis and systems detecting mutations. Myriad also filed for diagnostic 'toolbox' patents, including …
Parameters – Full Issue, 2014 US Army War College
Parameters – Full Issue, Usawc Parameters
The US Army War College Quarterly: Parameters
Rebalancing the Rebalance by Michael Spangler Strategy Versus Statecraft in Crimea by Lukas Milevski Eisenhower and US Grand Strategy by Raymond Millen Private Contractors & Military Professionals by Scott L. Efflandt, Christopher Spearin, Birthe Anders Special Commentary: Insights from the Army's Drawdowns by Jason W. Warren
When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, 2014 Georgia State University College of Law
When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo
Faculty Publications By Year
James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …
The Experiences Of School Counselors With Court Involvement Related To Child Custody, 2014 Old Dominion University
The Experiences Of School Counselors With Court Involvement Related To Child Custody, Crystal E. Hatton
Counseling & Human Services Theses & Dissertations
Professional school counselors are often confronted with a myriad of legal and ethical challenges when working with students and their families. While school counselors are discouraged from becoming involved in child custody matters, many are unable to avoid the process for a variety of reasons. This qualitative phenomenological research inquiry explored professional school counselors' experiences with court involvement in child custody matters and sought to understand how such experiences may have affected how they perceive their role in assisting children and families who are undergoing divorce, separation, or child custody disputes. A series of semi-structured interview questions and a written …
Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, 2014 University of San Francisco
Light In The Darkness: How Leatpr Standards Guide Legislators In Regulating Law Enforcement Access To Cell Site Location Records, Susan Freiwald
Susan Freiwald
This article measures the new ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (LEATPR Standards) success by assessing the guidance they provide legislators interested in updating pertinent law regarding one specific type of data. Scholars should not expect the Standards to yield the same conclusions they would have furnished had they been able to draft a set of standards by themselves. The Standards emerged after years of painstaking consensus building and compromise no individual committee member got entirely what he wanted. Nonetheless, not every product of a committee turns out to have been worth the effort, …
Writing Across Cultures & Languages: Teaching Esl/Efl Students, 2014 John Marshall Law School
Writing Across Cultures & Languages: Teaching Esl/Efl Students, Lurene Contento
Lurene Contento
No abstract provided.
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, 2014 University of California - Davis
The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher Elmendorf, Douglas Spencer
Douglas M. Spencer
The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the …
How Ideas Turn Into Law: Abi Review Commission; Bankruptcy Code At 30; Sausage-Making 101, 2014 Boston College Law School
How Ideas Turn Into Law: Abi Review Commission; Bankruptcy Code At 30; Sausage-Making 101, Ingrid Hillinger
Ingrid Michelsen Hillinger
No abstract provided.
Social Security, Pensions, And Economic Rights Of Older Persons, 2014 John Marshall Law School
Social Security, Pensions, And Economic Rights Of Older Persons, Kathryn Kennedy
Kathryn J. Kennedy
No abstract provided.
Confusing The Role Of Lawyers And Guardians: A Threat To The System Of Juvenile Justice, 2014 John Marshall Law School
Confusing The Role Of Lawyers And Guardians: A Threat To The System Of Juvenile Justice, Alberto Bernabe
Alberto Bernabe
Extraterritoriality, Immunity, And Sovereign Debt, 2014 John Marshall Law School
Extraterritoriality, Immunity, And Sovereign Debt, Karen Cross
Karen Halverson Cross
No abstract provided.
Voulez-Vous Apprendre Avec Moi (Ce Soir)?, 2014 John Marshall Law School
Voulez-Vous Apprendre Avec Moi (Ce Soir)?, Mary Nagel, Juliana Campagna
Mary Nagel
No abstract provided.
Institutional Actors And Protecting Clients In A Post-Monopoly World, 2014 University of Oklahoma College of Law
Institutional Actors And Protecting Clients In A Post-Monopoly World, Melissa Mortazavi
Melissa Mortazavi
No abstract provided.
Is Contraception Mandate ‘No Big Deal?’, 2014 Widener Law
Is Contraception Mandate ‘No Big Deal?’, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Conventional Option, 2014 University of Miami
The Conventional Option, Gregory Koger
Gregory Koger
Table Annexed To Article: The Early Constitution In Mr Text Format, 2014 Purdue University
Table Annexed To Article: The Early Constitution In Mr Text Format, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic supplies text of important constitutional documents in MR (machine readable aka machine searchable) text format; these presentations follow strict guidelines as to punctuation and orthography. The 5,224 words of the Early Constitution are tabled. See also A Compendium of American Constitutions: Counting Constitutions and Constitutional Text in the Early American Republic, 2 OCL 378.
Table Annexed To Article: The Philadelphia Constitution In Mr Text Format, 2014 Purdue University
Table Annexed To Article: The Philadelphia Constitution In Mr Text Format, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic supplies text of important constitutional documents in MR (machine readable aka machine searchable) text format; these presentations follow strict guidelines as to punctuation and orthography. The 4,321 words of the Philadelphia Constitution are tabled, with the ‘In Witness Whereof’ excluded, but the Preamble included. See also A Compendium of American Constitutions: Counting Constitutions and Constitutional Text in the Early American Republic, 2 OCL 378.
Table Annexed To Article: The Articles Of Confederation In Mr Text Format, 2014 Purdue University
Table Annexed To Article: The Articles Of Confederation In Mr Text Format, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic supplies text of important constitutional documents in MR (machine readable aka machine searchable) text format and CTU (Constitutional Text Unit) format; these presentations follow strict guidelines. The 3,453 words of the Articles of Confederation are tabled, with the ‘In Witness Whereof’ excluded, but the Preamble included. MR Text is presented here
Skatteavtalstolkning Enligt Svensk Rätt, 2014 Lund University
Skatteavtalstolkning Enligt Svensk Rätt, Maria Hilling
Maria Hilling
This article examines the interpretation of tax treaties under Swedish law. More particularly, it addresses three separate, but related, issues for relevance of tax treaty interpretation. First, the relationship between domestic law and tax treaties, second, the textualism in tax treaty interpretation and its consequences for the possibility to combat tax-treaty-related tax avoidance and third, the interpretation of tax treaty provisions based on article 3 (2) of the OECD Model. The analysis of these issues proceeds in three parts followed by a conclusion.