Digital Commons Network^™

High Turnover And Low Reputation? Elements Of Sociology Of The Supreme People’S Court Grand Justices (Summary), Meng Hou

Hou Meng

No abstract provided.

Filmmaking In The Precinct House And The Genre Of Documentary Film, Jessica M. Silbey

Jessica Silbey

This Article explores side-by-side two contemporary and related film trends: the recent popular enthusiasm over the previously arty documentary film and the mandatory filming of custodial interrogations and confessions. The history and criticism of documentary film, indeed contemporary movie-going, understands the documentary genre as political and social advocacy (recent examples are Michael Moore’s Farenheit 9/11 and Errol Morris’s Fog of War). Judges, advocates, and legislatures, however, view films of custodial interrogations and confessions those that reveals a truth and lacks a distorting point of view. As this Article will explain, the trend at law, although aimed at furthering venerable criminal …

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.

Grippe Aviaire Et Tamiflu. En Cas De Pandémie La Belgique N'Utilisera Pas De Génériques, Même S'Il Y A Pénurie De Médicaments De Marque, Daniel De Beer, Serge Gutwirth, Isabelle Stengers, Jean Paul Van Bendegem

Serge Gutwirth

No abstract provided.

Vogelgriep En Tamiflu. In Geval Van Pandemie Zal België Geen Generische Equivalenten Gebruiken, Zelfs Al Is Er Gebrek Aan Merkproducten, Daniel De Beer, Serge Gutwirth, Isabelle Stengers, Jean Paul Van Bendegem

Serge Gutwirth

Er wordt ons gezegd dat de regering zijn wapens scherpt tegenover de dreiging van de vogelgriep. Zelfs al zijn er wel degelijk maatregelen genomen, dan toch zegt de regering niet alles en speelt zij Russische roulette. Indien een pandemie zich tijdens de komende twee jaar kan ontwikkelen, dan is de kans groot dat ze erg moorddadig zal zijn. Dit is des te absurder daar zulke dramatische ontknoping gemakkelijk kan worden vermeden

The Common Law And The Constitution: John Locke And The Missing Link In Law, Steve Sheppard

Steve Sheppard

Locke's concept of rights influenced the Framers of the Constitution, which has increased the stakes in later interpretation of what Locke’s model of rights entailed. “Lockean rights” now suggests a perfect right unlimitable by the state in the public interest. Such a right is theoretically interesting, but it is not what Locke had in mind, and it was not the model of rights Madison, Jefferson, Hamilton, and other inherited from Locke's Second Treatise.

This paper was an initial reconstruction of Locke's model of a right, locating it within the legal culture of his time and place. His model of what …

The Problem Of Moral Dirigisme: A New Argument Against Moralistic Legislation, Mario Rizzo

Mario Rizzo

This Article applies a theory of rational choice to moral decisionmaking. In this theory, agents act primarily on local and personal knowledge to instantiate moral principles, virtues and moral goods. The State may seek to prevent them from acting as they independently determine by prescribing or proscribing certain conduct by formal legal means. If its purpose is to ensure that people act morally or become better persons, we call this “moral dirigisme.” Our thesis is that the need to use decentralized knowledge to determine the moral status of an act makes the task of the moral dirigiste well-neigh impossible. The …

The Corporate "Person": A New Analytical Approach To A Flawed Method Of Constitutional Interpretation, Jess M. Krannich

Jess M. Krannich

No abstract provided.

The Role Of Levies In Canada's Digital Music Market , Jeremy F. De Beer

Jeremy de Beer

Parties not directly involved in the use of copyright-protected music have increasingly become the targets of established or proposed schemes to provide revenues for the music industry. It has been suggested that rather than obtaining payments directly from consumers or distributors of digital music in exchange for licenses to use or transmit that music, levies should be imposed on the goods and services of third parties, such as recording media, digital devices and/or Internet access. This paper considers whether levies are an appropriate way to deal with the challenges and opportunities that are arising in Canada's digital music market.

Traditional …

Morgen Nu (In: Jubileum Nummer Ier, 2005), Severin De Wit

Severin de Wit

This article appeared in the Dutch language magazine (IER) in 2005

Retuning The Harmonization Of Eu Asylum Law: Exploring The Need For An Eu Asylum Appellate Court, Ariel Meyerstein

Ariel Meyerstein, JD, PhD

This Comment takes as its starting point the adoption of the first five pieces of harmonized legislation created as part of the EU’s asylum regime overhaul of the early 2000s and proposes constructive solutions to compensate for the inadequate results of the May 2004 negotiations in Brussels. Specifically, it is proposed that an EU-wide asylum appellate court could assist the Member States in completing the work they started by creating a comprehensive harmonization consistent with international law.

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …

Claims For A New Social And Legal Structure In The World Trade Organization And The Brazilian Experience, Michelle Sanchez-Badin

Michelle R Sanchez-Badin Mrs.

The work departs from the assumption that some new challenges instigated by the globalization process affected the multilateral trade system, especially the World Trade Organization (WTO) regulation. Taking into account the complexity of relations among different actors in the international system, the focus of the analysis is the claims for a new social and legal structure in the WTO. In other words, on the claims for institutional structures recognizing new personalities and new sources of law in the multilateral trade system. The analysis is developed under the perspective of the sociology of law. The main hypothesis is that if there …

Advertisements Misrepresentation And Remedies, Narsimha Rao A.V

Dr. A.V Narsimha Rao

Advertisements, with their effective designs and statements, influence people in their decision-making. With the exaggerated information, advertisments mislead and dissatisfy the consumer, who in turn becomes a bad advertiser. Due to this, the advertisers face embarrassing situations and pay a heavy price for their mistake. So it is essential to formulate a policy for advertising and make sure they work within the legal framework and in accordance with the codes created for the purpose of maintaining advertisement standards.

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

David M. Smolin

This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.

Intercountry Adoption As Child Trafficking, David M. Smolin

David M. Smolin

This article analyzes when intercountry adoption constitutes a form of child trafficking, particularly under international law. The article reviews relevant Treaties on the subjects of slavery and human trafficking, as well as analyzing the problem of money and adoption within the domestic (United States) adoption system.

El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi

Horacio M. LYNCH

Este trabajo comprende un estudio realizada entre el 21 de febrero y el 21 de mayo de 2005 sobre la labor de la Corte Suprema de Justicia de la Nación Argentina con relación al Recurso Extraordinario Arbitrariedad de Sentencia. Presenta la situación objetiva y actual generada por este peculiar recurso extraordinario y su incidencia en el trabajo de la Corte a través del análisis estadístico de sus fallos y de su estudio comparativo. Asimismo, se integra y completa con otros documentos – un folleto con las conclusiones más importantes, presentadas en forma gráfica y una presentación en Power Point – …

Originalism, J.E.M., And The Food Supply, Or Will The Real Decision Maker Please Stand Up?, Malla Pollack

Malla Pollack

In 2001, the United States Supreme Court decided that sexually reproduced plants (which include major crop plants such as corn) are statutorily proper subject matter for utility patents. See J.E.M. Ag Supply, v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001). Since that decision, critics from many disciplines have argued that the world's food supply is at risk from giant agribusinesses' manipulation of utility patents on genetically modified plants and animals. In light of these fears, this paper revisits J.E.M. and then highlights a related, still-open legal problem with biotechnology patents.

Looking backwards to J.E.M., the paper reaches several negative …

A Network Effects Perspective On Software Piracy, Ariel Katz

Ariel Katz

The software industry frequently maintains that software piracy is no more than theft and a cause of huge losses. Courts and other policy makers easily adopt that straightforward argument. Surprisingly, however, many software publishers do not employ any technological measures to protect their software from piracy and many popular software products are distributed without any means of protection and are easily pirated. This lack of protection is puzzling; a solution for that puzzle is the focus of the article. The first part of the article challenges the conventional explanations that are usually given for the failure to protect software and …

A Textualist Defense Of Article I, Section 7, Clause 3: Why Hollingsworth V. Viriginia Was Rightly Decided, And Why Ins V. Chadha Was Wrongly Reasoned, Seth Barrett Tillman

Seth Barrett Tillman

U.S. Constitution Article I, Section 7, Clause 3 reads:

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Madison, in his Notes on the Debates in the Federal Convention (Aug. 15 …

The Domain Of Constitutional Delegations Under The Orders, Resolutions And Votes Clause: A Reply To Professor Gary S. Lawson, Seth Barrett Tillman

Seth Barrett Tillman

U.S. Constitution: art. I, S. 7, cU.S. Constitution Article I, Section 7, Clause 3 reads:

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Madison, in his Notes on the Debates …

Supreme Court In Vicissitude Of Economic System (1949-1978)【经济体制变迁中的最高人民法院（1949─1978年）】, Meng Hou

Hou Meng

No abstract provided.

The Effect Of Auburn University’S Business-Engineering-Technology Program On The Predisposition Towards Entrepreneurship In Business And Engineering Graduates, Paul Swamidass, Daniel Butler

Paul Swamidass

The unique Business-Engineering-Technology (BET) minor at Auburn University trains business and engineering students in teamwork and entrepreneurship. All eleven graduates of the first BET class (2003) and nineteen graduates from the second BET class (2004) were surveyed to assess their entrepreneurial skills, knowledge and abilities. Their responses were compared against the Auburn University norm for graduating seniors. The norm was developed using 254 responses from business and engineering students who were cohorts of the BET students. In this lock-step program, students design and develop three different products and matching businesses to exploit their products. Over the two years, they prepare …

Study Of Canadian Health Policy Research Centres: Final Report, Michele L. Mekel, Samuel Shortt

Michele L Mekel

With today’s escalating demands for accountability, Canada’s academic-linked health policy centres are feeling pressure from key funders to prove their effectiveness. At the same time, their contributions through applied health services and policy research and knowledge-transfer activities have become increasingly critical to health policy development and decision making.

To assist in easing the tension, this study identifies key operational success strategies so individual centres can adopt those that are most suited to their particular structural model. Furthermore, this study documents the challenges shared by centres so that they can jointly develop tools and solutions. Utilizing the findings in these ways, …

Fairness In Consumer Law: A Vague, Flexible Notion, Anna Giordano Ciancio

Anna Giordano Ciancio Dr.

Fairness in Consumer Law: a vague, flexible notion This paper focuses on the notion of ‘fairness’ in consumer law with regard to the issue of unfair terms in consumer standard form contracts. This issue is addressed through a comparative analysis concerning the meaning of fairness as well as (un-)fairness related concepts. In particular, emphasis is placed on the intertextual, semantic links existing between ‘ fairness ‘ and ‘reasonableness’ as notions that prevail in the English legal system. As a reference normative text, the Unfair Contract Terms Act 1977 (UCTA) is examined and compared to the Unfair Terms in Consumer Contracts …

The Promise Of Internet Intermediary Liability, Ronald Mann

Ronald Mann

Analyzes the propriety of using intermediaries to regulate misconduct on the Internet.

Empirical Study Of Civil Justice Systems: A Look At The Literature, Michael Lines

michael lines

The exploitation of empirical methodologies has had a late start in law compared with other social sciences. Though there have been consistent calls for the scientific study of law-related problems since the late 1800s, the main impetus to actually begin conducting sophisticated and useful empirical studies has come from outside the profession, starting mainly in the 1950s. Since then, a growing number of evidence-based studies of legal topics have appeared, some authored by those trained in the law, others by those trained in other disciplines, often as collaborative efforts, and occasionally by scholars trained in both the law and empirical …

Conflicts Between Domain Names And Trademarks (Arabic), Rami M. Olwan

Rami M Olwan

No abstract provided.

Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard

Steve Sheppard

In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but his conclusion--hierarchies in law are wrong and must be resisted--is misplaced. Kennedy’s Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, claims law schools breed a hierarchical system, where rank plays an important part in how law schools relate to each other; how faculty members relate to each other and to students; and how students relate to other students. This system trains students to accept and prepare for their place within the hierarchy of the legal profession. According to Kennedy, such …