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Ripa V Hra: An Analysis Of Kennedy V Uk, Daithi Mac Sithigh, Karen McCullagh 2009 Salford Law School

Ripa V Hra: An Analysis Of Kennedy V Uk, Daithi Mac Sithigh, Karen Mccullagh

Karen McCullagh

No abstract provided.


Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, Jane Moriarty 2009 Duquesne University School of Law

Will History Be Servitude?: The Nas Report On Forensic Science And The Rule Of The Judiciary, Jane Moriarty

Jane Campbell Moriarty

For several decades, the prosecution and its witnesses have maintained that despite little research and virtually no standards, they can match a fingerprint, handwriting, bullet and bullet cartridge, hair, dental imprint, footprint, tire track, or even a lip print to its unique source (collectively, “individualization evidence”). Not only can they match it, they claim, they can do so often without any error rate. In the last few decades, with the help of lawyers and academics, litigants have challenged the underlying reliability of individualization evidence. Scholars in various disciplines have written about the startling state of individualization evidence, including its lack ...


Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson 2009 Selected Works

Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.


Bridging The Accountability Gap: Rights For New Entities In The Information Society?, Mireille Hildebrandt, Bert-Jaap Koops, David-Olivier Jaquet-Chiffelle 2009 Radboud University Nijmegen

Bridging The Accountability Gap: Rights For New Entities In The Information Society?, Mireille Hildebrandt, Bert-Jaap Koops, David-Olivier Jaquet-Chiffelle

Mireille Hildebrandt

New entities in the information society that operate at increasing distance from the physical persons ‘behind’ them, such as pseudonyms, avatars, software agents, and robots, challenge the law. One way of addressing this challenge is to attribute legal rights and/or duties in some contexts to non-humans, thus creating entities that are addressable in law themselves rather than the persons ‘behind’ them. In this article, we review existing literature on rights for non-humans, with a particular focus on emerging entities in the information society. We discuss three strategies for the law to deal with the challenge of these new entities ...


Start As You Mean To Go On: A Little Scottish Generational Intelligence To Help You Get The Most Out Of The First Hour Of Your First Year Law Class., Mary Shariff 2009 University of Manitoba School of Law

Start As You Mean To Go On: A Little Scottish Generational Intelligence To Help You Get The Most Out Of The First Hour Of Your First Year Law Class., Mary Shariff

Mary J. Shariff

Bringing your teaching philosophy into the challenging dynamics of a first year law classroom does not necessarily require you to be up to speed with the latest high-tech innovations or solutions. Sometimes, innovative solutions can be found in small wisdoms shared down through the generations. “Start as you mean to go on” is a piece of “generational intelligence” provided to me by my Scottish mother (and her Irish mother before her) that has helped me to re-conceptualize certain predictable classroom dynamics that tend to arise when first year students finally become comfortable with discussing “the law”. The “start as you ...


The Missing Link Of Democracy, Fernando Leila 2009 Fordham University

The Missing Link Of Democracy, Fernando Leila

Fernando Leila

The Missing Link of Democracy: The Federal Reserve Submission to the Democratic Government

“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, (i.e., the "business cycle") the banks and corporations that will grow up around them will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.”

Thomas Jefferson

Abstract

This paper examines the shortcomings of the Federal Reserve (the “Fed”) as an institution, its power and policy under a democratic system of government, and the consequences thereof.

America is ...


Patent Reforms Must Focus On The U.S. Patent Office, Ron Katznelson 2009 Bi-Level Technologies

Patent Reforms Must Focus On The U.S. Patent Office, Ron Katznelson

Ron D. Katznelson

No abstract provided.


An Evolutionary Study Of Cloud Computing Services Privacy Terms, Konstantinos Stylianou 2009 Harvard University

An Evolutionary Study Of Cloud Computing Services Privacy Terms, Konstantinos Stylianou

Konstantinos Stylianou

This paper presents an empirical study on the evolution of privacy terms of cloud computing services. The purpose is to see whether the transition to cloud computing also means that users are bound by more intrusive terms of use that pose a greater threat to their privacy. In that direction several typical cloud services (e.g. GoogleDocs, Amazon EC2) are examined from their start of operation till today and numerous versions of their privacy terms are juxtaposed in an effort to pinpoint and interpret the differences between them. The paper concludes that with the spread of cloud computing services more ...


Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas Faunce, Hitoshi Nasu 2009 Australian National University

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on ...


Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas Faunce, James Bai, Duy Nguyen 2009 Australian National University

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...


Legal Strategies. How Corporations Use Law To Improve Performance, Mary Shariff 2009 University of Manitoba School of Law

Legal Strategies. How Corporations Use Law To Improve Performance, Mary Shariff

Mary J. Shariff

Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm’s business and economic agendas.


Responsibility Of And Trust In Isps, raphael cohen-almagor 2009 University of Hull

Responsibility Of And Trust In Isps, Raphael Cohen-Almagor

raphael cohen-almagor

This discussion is about the neglected concepts of trust and social responsibility on the Internet. I will discuss and explain the concepts and their implications to people and society. I then address the issue of moral and social responsibilities of ISPs and web-hosting companies. I argue that ISPs and web-hosting companies should aspire to take responsibility for content and that they should respect and abide by their own terms of conduct.


Cyberstalking, And The Internet Landscape We Have Constructed, Merritt Baer 2009 Harvard Law School

Cyberstalking, And The Internet Landscape We Have Constructed, Merritt Baer

Merritt Rachel Baer

Criminalizing behavior online will necessarily test Constititional rights in novel ways; cyberstalking, as a crime of accumulated words, challenges the First Amendment overtly. This article shows the disconnect between the rationale for criminalizing cyberstalking, and the application and enforcement of statutes addressing stalking online. The multidimensional harms in cyberstalking force us to transcend kinetic-world frameworks and recognize that the Internet is not merely a new medium for speech but a space in which actions occur. Because patterns of victiminization create dynamics of domination, cyberstalking’s impact inserts itself into and molds the Internet landscape. This article argues for a consistent ...


The Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, yehezkel Margalit 2009 Selected Works

The Rise, Fall And Rise Again Of The Genetic Foundation For Legal Parentage Determination, Yehezkel Margalit

Hezi Margalit

Recently, we have witnessed dramatic changes in the formation of the family and parenthood. One of the results of those shifts is a growing number of children growing up outside of the traditional marriage framework. Therefore, the dilemma of determining a child's parentage, which was usually resolved by a legal fiction as to the child's legal parents, is becoming increasingly problematic. It is appropriate that any discussion of the establishment of legal parentage should start with a study of the rise of the most popular modern model, the genetic model.

It is relevant to point out that from ...


Cloud Computing: Legal Storms Forecast, Karen McCullagh 2009 Salford Law School

Cloud Computing: Legal Storms Forecast, Karen Mccullagh

Karen McCullagh

No abstract provided.


Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, Christopher Wadlow 2009 University of East Anglia

Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, Christopher Wadlow

Christopher Wadlow

This article describes the history and origins of the Strasbourg Convention on the Unification of Certain Points of Substantive Law on Patents for Invention from the "Longchambon Proposal" of 1949, through to the end of the first phase of negotiations in about 1955. It describes the rival proposals of Reimer and de Haan, and their reception. Particular attention is given to the proposals by Reimer for a European Court with international jurisdiction over patent matters, and its correspondence to proposals for a European Patents Jurisdiction which are currently under consideration.


Facebook Privacy – A Scary Story, Karen McCullagh 2009 Salford Law School

Facebook Privacy – A Scary Story, Karen Mccullagh

Karen McCullagh

No abstract provided.


“It Really Tastes Good With Mayonnaise”, Review Of “Get Real, Get A Prescription” Advertisement Campaign, Christopher Wadlow 2009 University of East Anglia

“It Really Tastes Good With Mayonnaise”, Review Of “Get Real, Get A Prescription” Advertisement Campaign, Christopher Wadlow

Christopher Wadlow

A television advertising campaign based on the assertion that counterfeit medicines bought over the internet have been found to contain rat poison is criticised as having no demonstrable basis in fact.


China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson 2009 Selected Works

China In Context: Energy, Water, And Climate Cooperation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Climate resilient communities can be achieved with the support of global research, development, deployment, and diffusion of environmentally sound low GHG emission technologies and processes. Technology cooperation should lower emissions remaining mindful of biodiversity, ecosystem services and livelihoods. China and the United States need to respond effectively to both economic and climate crises and can do so in part by cooperating on environmentally sound technology that transforms the global use of energy.


Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson 2009 Selected Works

Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.


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