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4,587 full-text articles. Page 105 of 112.

Bending Nature, Bending Law, David Owen 2010 University of South Carolina - Columbia

Bending Nature, Bending Law, David Owen

Faculty Publications

No abstract provided.


Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García 2010 ITESM Campus Puebla

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.


Reply: The Complexity Of Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg 2010 University of Pittsburgh School of Law

Reply: The Complexity Of Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

New York University Law and Economics Working Papers

Constructing Commons in the Cultural Environment, and responses to that article by Professors Thráinn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Lawrence Solum. This short Reply comments briefly on each of those responses.


Reply: The Complexity Of Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg 2010 University of Pittsburgh - School of Law

Reply: The Complexity Of Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

New York University Public Law and Legal Theory Working Papers

Constructing Commons in the Cultural Environment, and responses to that article by Professors Thráinn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Lawrence Solum. This short Reply comments briefly on each of those responses.


La Globalización De La Legislación Cambiaria, Bruno L. Costantini García 2010 ITESM Campus Puebla

La Globalización De La Legislación Cambiaria, Bruno L. Costantini García

Bruno L. Costantini García

No abstract provided.


Die Institutionalisierung Von Wissensbeständen In Österreich. Die Diskrepanz Zwischen Wirtschaftlicher Realität Und Politik (The Institutionalization Of Knowledge In Austria: Coming To Grips Between Economic Reality & Policy), Roya Ghafele 2010 Oxfirst

Die Institutionalisierung Von Wissensbeständen In Österreich. Die Diskrepanz Zwischen Wirtschaftlicher Realität Und Politik (The Institutionalization Of Knowledge In Austria: Coming To Grips Between Economic Reality & Policy), Roya Ghafele

Roya Ghafele

The University Act 2002 redefines ownership structures over intellectual property in Austria, thus paving the way for enhanced knowledge transfer and knowledge commercialization from public research institutions. This study discusses the various featers of the different models of generating and leveraging knowledge. It does so, by explaining the characteristics of technology markets and assesses the strengths and weaknesses of proprietary versus open knowledge generation from a perspective of new institutional economics. Particular emphasis is being put on the preservation of the public interest, deemed particularly important in the context of publicly funded research. The paper concludes by offering a rough ...


Accounting For Intellectual Property?, Roya Ghafele 2010 Oxfirst

Accounting For Intellectual Property?, Roya Ghafele

Roya Ghafele

Accounting constitutes a very specific form of language, which is highly standardized, mathematical in nature and seeks to uniformly and systematically describe events while avoiding expressions of individual creativity or explicit political positions. In this sense, accounting is a social, cultural and historical artefact rather than a natural or technical phenomenon and can therefore be viewed as the decisive instrument to create and maintain imagined business communities. On the balance sheet, IP experiences a specific form of authorization. It is represented in the discourse of accounting by ‘intangibles’, an imprecise term associated with the increasingly observed ‘gap between the market ...


Insurance In Sociolegal Research, Tom Baker 2010 University of Pennsylvania

Insurance In Sociolegal Research, Tom Baker

Faculty Scholarship

Insurance has a long history in sociolegal research, most prominently as a window on accident compensation and related tort law in action. Recent work has extended that research, with the result that tort law in action may be the best mapped of any legal field outside criminal law. Sociological research has begun to explore insurance as a form of governance, with effects in many legal fields and across the economy. This essay reviews developments in both bodies of work. Part one examines the relationship between liability insurance and tort law in action using the metaphors of window and frame. Part ...


Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos 2010 Pace University

Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos

Cornerstone 3 Reports : Interdisciplinary Informatics

No abstract provided.


Global Warming Advocacy Science: A Cross Examination, Jason S. Johnston 2010 Law University of Pennsylvania Law School

Global Warming Advocacy Science: A Cross Examination, Jason S. Johnston

Faculty Scholarship

Legal scholarship has come to accept as true the various pronouncements of the Intergovernmental Panel on Climate Change (IPCC) and other scientists who have been active in the movement for greenhouse gas (ghg) emission reductions to combat global warming. The only criticism that legal scholars have had of the story told by this group of activist scientists – what may be called the climate establishment – is that it is too conservative in not paying enough attention to possible catastrophic harm from potentially very high temperature increases. This paper departs from such faith in the climate establishment by comparing the picture of ...


True And False Speech, Christopher P. Guzelian 2010 formerly, Northwestern University School of Law

True And False Speech, Christopher P. Guzelian

Boston College Law Review

First Amendment law is structurally unstable because it does not adequately distinguish true and false speech. Free speech law, therefore, is “unpredictable,” meaning that speakers cannot accurately predict whether their contemplated speech will suffer sanction. Unpredictable law causes the Rule of Law’s collapse. This Article demonstrates that an effective first step in improving First Amendment law would be to create well-defined liability for false speech. We conclude that, in particular, scientific speech—a form of speech readily determined to be true or false— must face additional scrutiny. Anticipating serious objections to formalized false-speech liability, we then show that these ...


Elawyering And The Future Of Legal Work, Richard Granat, Blair Janis, Stephanie Kimbro, Marc Lauritsen 2010 MyLawyer.com

Elawyering And The Future Of Legal Work, Richard Granat, Blair Janis, Stephanie Kimbro, Marc Lauritsen

Continuing Legal Education (CLE) Lecture Series

eLawyering is doing legal work – not just marketing it – over the Web. Pioneering practitioners have found dramatic new ways to communicate and collaborate with clients and other lawyers, produce documents, settle disputes, interact with courts, and manage legal knowledge. There are exciting initiatives underway now that deserve attention by all lawyers – present and future. The legal profession is being disrupted from without and from within. To be successful in the coming era, lawyers will need to know how to practice over the Web, manage client relationships in cyberspace, and offer “unbundled” services. This program discusses the knowledge and skills you ...


Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez 2010 ITESM Campus Puebla

Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez

Bruno L. Costantini García

Introducción a la regulación de la protección de datos personales en México.


In Re Bilski And The “Machine-Or-Transformation” Test: Receding Boundaries For Patent Eligible Subject Matter, Matthew Moore 2010 Duke Law

In Re Bilski And The “Machine-Or-Transformation” Test: Receding Boundaries For Patent Eligible Subject Matter, Matthew Moore

Duke Law & Technology Review

In order for a hopeful applicant to be granted a patent over his invention, his application must satisfy several procedural and substantive requirements. Among the substantive hurdles that an applicant must clear is the mandate that patents only be issued to applications claiming statutory subject matter within the meaning of §101 of the Patent Act. However, the Court of Appeals for the Federal Circuit (Federal Circuit) has not construed that Section consistently over the years. Since that court’s formation in 1982, it has espoused two tests for statutory subject matter, and each time has substantially abrogated, if not overruled ...


Unveiling The Distinction Between The University And Its Academic Researchers: Lessons For Patent Infringement And University Technology Transfer, Jennifer Carter-Johnson 2010 Michigan State University College of Law

Unveiling The Distinction Between The University And Its Academic Researchers: Lessons For Patent Infringement And University Technology Transfer, Jennifer Carter-Johnson

Faculty Publications

This Article explores the idea that a faculty member acting in the role of an academic researcher in the scientific disciplines should be viewed in the context of patent law as an autonomous entity within the university rather than as an agent of the university. The structure of the university laboratory within the university and the social norms associated with the activities that members of the research laboratory conduct supports such a view. Additionally, the data from the implementation of the Bayh-Dole Act reveal that universities and faculty scientists have different goals and motivations regarding the transfer of new technology ...


An Illustration Of Hashing And Its Effect On Illegal File Content In The Digital Age, Stephen Hoffman 2010 University of Minnesota - Twin Cities

An Illustration Of Hashing And Its Effect On Illegal File Content In The Digital Age, Stephen Hoffman

Stephen P. Hoffman

I aim to show, through practical examples, that computer forensics techniques such as the use of hash values are inherently flawed in tracking illegal computer files. First, I describe the underlying theory of hashing algorithms and hash values, as well as explain that several U.S. government agencies keep detailed file databases in order to track or detect illegal files, e.g. pirated media or child pornography. These databases include the file’s unique hash values. Then, I provide real examples of hash values using MD5 and SHA-1 hashing algorithms to show how extremely minor alterations to a computer file ...


Neuroscience's New Techniques For Evaluating Future Dangerousness: Are We Returning To Lombroso's Biological Criminality, J. W. Looney 2010 University of Arkansas at Little Rock William H. Bowen School of Law

Neuroscience's New Techniques For Evaluating Future Dangerousness: Are We Returning To Lombroso's Biological Criminality, J. W. Looney

University of Arkansas at Little Rock Law Review

No abstract provided.


Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers 2010 St. John's University School of Law

Brave New World: The Use And Potential Misuse Of Dna Technology In Immigration Law, Janice D. Villiers

Boston College Third World Law Journal

DNA technology revolutionized criminal law, family law and trust and estates practice. It is now revolutionizing immigration law. Currently the Department of Homeland Security does not require DNA tests, but it recommends these tests when primary documentation, such as marriage licenses, birth certificates and adoption papers are not available to prove the relationship between the U.S. citizen petitioner and the beneficiary who is seeking permanent resident status in the United States. DNA tests are attractive to the government as a result of administrative convenience and as a means of countering fraud, but adoption of a wholesale policy of DNA ...


Moral And Legal Issues Concerning Contemporary Human Cloning Technology : Quest For Regulatory Consensus In The International Community To Safeguard Rights And Liberties Essential To The Future Of Humanity, Ching-Pou Shih 2010 Golden Gate University School of Law

Moral And Legal Issues Concerning Contemporary Human Cloning Technology : Quest For Regulatory Consensus In The International Community To Safeguard Rights And Liberties Essential To The Future Of Humanity, Ching-Pou Shih

Theses and Dissertations

The research topic for this dissertation would focus its efforts on resolving at least two questions as follows: First, what are the major moral and legal problems in current human cloning technology and what are the intelligent choices of public policy? Second, how could respective nations, regions, and the international community corporately clarify those problems in the realm of contemporary human dignity imperative and human rights jurisprudence.


Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner 2010 IIT Chicago-Kent College of Law

Undermined Norms: The Corrosive Effect Of Information Processing Technology On Informational Privacy, Richard Warner

All Faculty Scholarship

Informational privacy is a matter of control; it consists in the ability to control when one’s personal information is collected, how it is used, and to whom it is distributed. The degree of control we once enjoyed has vanished. Advances in information processing technology now give others considerable power to determine when personal information is collected, how it is used, and to it is whom distributed. Privacy advocates sound the alarm in regard to both the governmental and private sectors. I focus exclusively on the later. Relying on the extensive privacy advocate literature, I assume we should try to ...


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