Digital Commons Network^™

Drug Clinical Trials Legislation In The European Union, Paola Sangiovanni, Flavio Monfrini, Marco Bertucci

Indian Journal of Law and Technology

The purpose of this article is to illustrate the basic tenets of European Union law on clinical trials. Such body of law has been progressively harmonized in the European Union over the years with the aim of subjecting interventional clinical trials conducted in any of the 27 European Union Member States to identical rules.

The article initially describes the reasons why clinical trials are important to measure the safety, efficacy and cost-effectiveness of innovative medical treatment. It then continues by illustrating the scope and basic principles of the current EU Regulation, as well as its main changes over the previous …

“Their Futures, So Full Of Dread”: How Barefoot’S Contamination Of The Death Penalty Trial Process Continues, Michael L. Perlin, Talia Harmon, Maren Geiger, Moana Houde-Camirand

Richmond Public Interest Law Review

Forty years ago, in its most roundly-criticized criminal procedure decision in modern history, the Supreme Court of the United States, in Barefoot v. Estelle (463 U.S. 880 (1983))—a decision premised on testimony by the responses to a hypothetical of a witness who had never directly evaluated the defendant—ruled that such testimony as to future dangerousness (testimony that had concluded there was a “100% chance” the defendant would commit more crimes if released into society) was permissible. Over a stinging dissent by Justice Blackmun, the Supreme Court ruled in Barefoot that it was not constitutional error for psychiatrists to testify that …

Guilty Pleasures: The Copyright And Labor Of Reality Television, Emily Tracy

Journal of Intellectual Property Law

The Writers Guild of America’s 2023 strike forced audiences to reckon with Hollywood’s labor issues and the powerhouse unions that seek to solve them. Television networks responded with “strike-proof” fall schedules that highlighted a gap in the entertainment industry’s union membership: reality television. This Note examines and questions that gap, focusing on the labor of reality story producers and the important role it plays in creating a copyrightable product. Although copyright doctrine offers story producers little to no protection against exploitation, copyright case law implicitly recognizes story producers as, essentially, writers. This Note uses that case law to argue that …

Another Round For Petrella V. Mgm, Laches, And Raging Bull: Resolving The Circuit Split Over Copyright’S Statute Of Limitations, David E. Shipley

Journal of Intellectual Property Law

There is a split between the Second Circuit and the Ninth and Eleventh Circuits over the interpretation and application of the Copyright Act’s three-year statute of limitations. The disagreement is about whether it bars a copyright infringement plaintiff from recovering for infringing acts occurring outside the statute’s three-year window. The Second Circuit stated in 2020 in Sohm v. Scholastic that the U.S. Supreme Court explicitly delimited damages to the three years prior to the commencement of an infringement action. However, the Ninth Circuit in Starz Entertainment in 2022 and the Eleventh Circuit Nealy v. Warner Chappell Music in 2023 both …

Climate Change In Arctic And Indigenous Peoples: Challenges And Solutions, Vera Solovyeva

Ocean and Coastal Law Journal

Climate change poses a serious threat to human well-being, negatively affecting health, traditional environmental management, water supply and food security. Changes in the environment are exacerbating indigenous peoples' problems. This is especially relevant to those who lead traditional lifestyles and whose well-being depends on agricultural and livestock production. This Article addresses the challenges and potential solutions to climate change in the Arctic ecosystem, including the Sub-Arctic regions. Physical changes to the landscape are examined alongside impacts on Indigenous culture and identity. In addition, the article explains the importance of Indigenous knowledge, values, and ethics in developing successful adaptation strategies. In …

Greenland's Foreign Policy, Past And Present: From The Merchants' Message To Bilateral Agreements, Kenneth Høegh

Ocean and Coastal Law Journal

No abstract provided.

The Materiality Of Esg Information: Why It May Matter, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Nabila Ikhsani Aulia Wibowo

Journal of Private International Law Studies

Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …

Proof Of Disciplinary Violations During Administrative Investigation Per Jordanian Civil Service Bylaw No. 9 Of 2020: A Comparative Study, Odai Alheilat, Nayel Alomran Chss- Department Of Legal Studies, Zayed University, Uae; Https://Orcid.Org/0000-0001-5165-4598.

An-Najah University Journal for Research - B (Humanities)

Objectives: this study sheds light on disciplinary evidence and defines its features to ascertain if an employee has committed a disciplinary offence while carrying out his job duties. It demonstrates how the Administrative Investigation Committee can establish the burden of proof. Research Problem: the adequacy of organising special rules of evidence before the Administrative Investigation Committee to detect behavioural violations. The Jordanian legislator addressed these rules in Article 146/b/2 of the Jordanian Civil Service Law No. 9 of 2020. However, these rules are not integrated, as it is assumed that the administration has complete evidence of claims of behavioural …

A Government Branch Of Its Own: Reining In The Power Of The Regents Of The University Of California, Veronica Gray

UC Law Constitutional Quarterly

The University of California system is the crown jewel of American public universities. However, Californians have virtually no say over University of California policies. At the University of California’s inception, the drafters of the 1879 California Constitution envisioned a school system controlled by a Board of Regents who are largely insulated from politics. The autonomy from elected officials and the public allows the Regents to have nearly full control over a public good. The Regents’ autonomy and control over the University of California system has led to conflict between the Regents, the public, and state legislators regarding land use, labor, …

The Undignified First Amendment, Douglas E. Edlin

UC Law Constitutional Quarterly

Many commonly understand the constitutional right of free speech as an individual right of expression. One reason for this is the ascendance of the dignitarian or autonomy theory of free speech, which has supplanted the marketplace and democratic conceptions as the predominant theory of speech rights in the United States. As a result, scholars, judges, and citizens usually focus on the rights of speakers. But the United States Constitution does not describe a right to speak; the First Amendment protects a right to speech. This article argues that the preoccupation with the dignitarian basis for speech as expression has distorted …

Beyond Reform: Food Sovereignty And The Future Of Global Food Systems, Smita Narula

Elisabeth Haub School of Law Faculty Publications

We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food sovereignty movements are charting a normative path in international human rights law to secure peasants' rights and promote more sustainable and just alternatives to our industrial food system. Against the backdrop of the political economy of industrial agriculture, this Article compares mainstream approaches to food systems reform with transformative alternatives rooted in food sovereignty. It explores two key …

Filling The Enforcement Gap: Alternative Dispute Resolution As An Approach To Solving "Copyright" Disputes For Ai-Generated Content, Aly Rezek

Journal of Dispute Resolution

On August 12, 2019, the United States Copyright Office (“the Copyright Office”) sent Stephen Thaler a rejection letter stating it would not issue him federal copyright protection for artwork generated by a computer program he owned. After countless appeals to the Copyright Office and the Federal District Court under various legal theories, one thing was made clear: The U.S. Copyright system would not protect works created by non-human authors. This principle presents a problem. Artificial intelligence (“AI”) is a rapidly developing tool in business and a rapidly developing issue in the law. Courts have routinely held that to be copyrightable, …

Removing Methane Via Atmospheric Oxidation Enhancement: The Legal Framework, Romany M. Webb, Martin Lockman, Korey Silverman-Roati

Sabin Center for Climate Change Law

To achieve the Paris Agreement’s goal of limiting the increase in global average temperatures to “well below 2 degrees Celsius,” and ideally 1.5 degrees Celsius, above pre-industrial levels, global greenhouse gas (“GHG”) emissions must reach net zero in the second half of the century. The global community is not currently on track to achieve net zero emissions. In fact, with the exception of a slight dip during the Covid-19 pandemic, emissions have risen steadily in recent years. This, together with the increasingly visible impacts of climate change, has prompted growing interest in the possibility of removing GHGs directly from the …

Imperfect Insanity And Diminished Responsibility, E. Lea Johnston

UF Law Faculty Publications

Insanity’s status as an all-or-nothing excuse results in the disproportionate punishment of individuals whose mental disorders significantly impaired, but did not obliterate, their capacities for criminal responsibility. Prohibiting the trier of fact from considering impairment that does not meet the narrow definition of insanity contradicts commonly held intuitions about mental abnormality and gradations of responsibility. It results in systemic over-punishment, juror frustration, and, at times, arbitrary verdicts as triers of fact attempt to better apportion liability to blameworthiness.

This Article proposes a generic partial excuse: Diminished Responsibility from Mental Disability. This excuse could be asserted as an affirmative defense at …

Sino-American Sanctions Convergence?, Ryan Martinez Mitchell

Cardozo International & Comparative Law Review

The People's Republic of China is rapidly constructing a new regime for economic and diplomatic sanctions. With its Anti-Foreign Sanctions Law (AFSL) and related legislation, Beijing has taken a step towards legally formalizing the means of pressure it uses against states, organizations, or individuals seen as threatening its core interests. Meanwhile, various informal coercive measures also continue to be employed. While questions remain about their scope and future uses, Beijing has especially extolled AFSL sanctions as countermeasures to U.S. interference.

This Article undertakes a detailed examination of the new Chinese sanctions framework, its historical origins, and its role in Beijing's …

Legal And Policy Issues For A Growing Agritourism Industry, Peggy Kirk Hall, Jesse J. Richardson Jr., Kristine Tidgren

Law Faculty Scholarship

Agritourism activity has increased dramatically over the past 10 years, both in number of operations and income. The types of agritourism activity have also expanded rapidly in recent years. The law, on the other hand, moves slowly. The disconnect between the pace ofchange in the industry and the legal regime creates uncertainty for operators, regulators, and policy makers. The difficulty in defining the rapidly changing industry lies at the center of much of the uncertainty. This Article provides an overview of the agritourism industry and recent changes in agritourism activities. The authors discuss different definitions of agritourism in a variety …

When (And Where) Is A Crime A Crime? “Double Criminality” As A Principle Of Fundamental Justice, Robert J. Currie

Articles, Book Chapters, & Popular Press

The idea that crime crosses borders is fast becoming ordinary, even old hat, particularly in an age of online crime such as ransomware attacks, cyber-extortion and the like. As we have become more geographically mobile, however, it is increasingly common for people to have engaged in criminal conduct in one state1 but then seek to exercise legal rights, or face legal entanglements, in others. Legal questions can then arise about what effect should be given by one state—in this article, Canada—to an individual’s conduct that was, or is alleged to have been, a crime in a foreign state. The inquiry …

Do Private Actors Have Rights Under The Wto? The Motivation For And (Inadequate) Implementation Of Gatt Article X, Adeet Dobhal, Petros C. Mavroidis, Lucas Moreira Jiminez, Sunayana Sasmal, Robert Wolfe

Faculty Scholarship

General Agreement on Tariffs and Trade (GATT) Article X has been consistently overlooked in literature even though it is a unique provision in the GATT-regime: it acknowledges standing for private actors who can challenge trade-related administrative action by World Trade Organization (WTO) members. This provision is an unusual instantiation of the need to provide transparency for private actors about state policy. It is equally eccentric in seeming to provide a right for private actors to challenge governments, albeit only before domestic fora. How did the GATT end up with this provision? And are these apparent private rights meaningful in practice? …

Fast Forward: The Changing Landscape Of Sports Media, Jeffrey S. Moorad Sports Law Journal Symposium

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

"No One Likes Us, We Don't Care": The Legality Of Ticket Bans On Opposing Fans, Rebecca Black

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …

Schrodinger's Dissent: The Hybrid Authority Of A Dissenting Opinion, Christina Frohock

Articles

A dissenting opinion is the Schrodinger's cat of authorities: both the law and not the law simultaneously. Courts and scholars often clarify that a dissenting opinion is not binding. Outside the universe of precedent, that authority defies easy description. Emerging from the pen of a judge wearing a black robe and acting in an official capacity, a dissenting opinion exhibits the form of the law. Yet, beneath that lofty sheen, a dissent exhibits the substance of commentary. A dissenting judge writes to undercut the law, providing a case law coda. This Article describes the traditional categories of authority, primary and …

Race Against The Clock: A Comparative Analysis Of New York State's And Germany's Ambitious High-Voltage Transmission Sitting Laws And What New York Can Adopt From The German Model, Andrew Leahy

Cardozo International & Comparative Law Review

The note argues that New York should adopt elements of Germany's centralized regulatory model to streamline the approval and construction of high-voltage transmission lines, which are critical for meeting renewable energy goals. While both New York and Germany face similar challenges in expanding their grids, Germany's centralized approach, including federal oversight and coordinated planning, has proven more efficient. The note critiques New York's decentralized and uncoordinated process, suggesting that adopting Germany's methods could help New York meet its ambitious renewable energy targets and reduce reliance on peaker plants.

The Unraveling Of The Federal Home Loan Banks, Kathryn Judge

Faculty Scholarship

The Federal Home Loan Bank system is a $1.3 trillion government-sponsored enterprise that operates primarily for the benefit of member financial institutions. Federal Home Loan Bank members enjoy generous dividends and ready access to fresh liquidity. The biggest beneficiaries are the biggest users of the system, including the largest banks and insurance companies in the country and banks facing financial distress. This essay explains the original aims of the Federal Home Loan Bank system, how the system fulfilled those aims quite successfully for decades following its creation in 1932 and how the system evolved to serve primarily private aims. By …

The Price Of Consent, Zohra Ahmed

Faculty Scholarship

This Article demonstrates how hierarchies in the international economy and in international financial institutions have facilitated the U.S.-led Global War on Terror (GWOT). Using U.S.-Pakistan relations as a case study, it shows how the United States has deployed its powerful position at the International Monetary Fund (IMF) to claim Pakistan's consent for its military activities in the region. In the GWOT's first decade, beginning in 2001, the United States openly sought forcible regime change, as in Afghanistan and Iraq; in its second and (now) third decades, the United States has waged covert counterinsurgency campaigns allegedly against militant groups in Muslim-majority …

Offsetting, Paul Govind, Donna Houston, Michelle Mei Ling Lim, Andrew Mcgregor, Emily O'Gormon, Sandie Suchet-Pearson, Jonathan Symons

Research Collection Yong Pung How School Of Law

In Australia, the State of the Environment 2021 report (hereafter, SOE) revealed an unprecedented rate of biodiversity loss. 1 Yet development projects that will reduce biodiversity further continue to receive legal approval. Indeed, shortly after the release of the report, a new outer ring road was approved for construction in the state of Western Australia. 2 Land clearing undertaken as part of the project will result in significant loss of existing habitat for critically endangered western ringtail possums and endangered black cockatoos. This destruction was legitimized through the state government’s commitment to undertake “biodiversity offsetting,” whereby the loss of possum …

Kebebasan Beragama Dan Berkeyakinan Dalam Negara Hukum Indonesia: Dualisme Tafsir Konseptual Dan Putusan Mahkamah Konstitusi, Dixon Sanjaya, Akhlish Aulia Rahim

Jurnal Konstitusi & Demokrasi

Religious life in Indonesian state of law is still faced with friction and instability. This is due to dualism of interpretation of constitutional norms, differences in human rights perspectives on the freedom of religion and belief, and conflicts over statutory regulations. This research analyzes the concept of freedom of religion and belief (Religious Freedom) by conceptually exploring the discourse on relationship between religion and state and mapping the Constitutional Court's decision on commitment of the Religious Freedom. Normative juridical research is carried out using case, historical, and conceptual approaches. The finding is that relationship between state and religion is conceptually …

Pembangunan Sebagai Proses Eksklusi: Kajian Hukum Dan Ekonomi-Politik Atas Proyek Strategis Nasional, Agung Wardana, Dzaki Aribawa Darmawardana

Jurnal Hukum & Pembangunan

Indonesia’s National Strategic Project (NSP) is a priority development agenda of Joko Widodo’s administration. Claiming to serve the public interest, they impact people's livelihoods in order to produce new spaces for the circulation of capital. This article aims to examine PSN by situating it within development discourse and practice. The authors argue that PSN is a mode of development that works through the power of exclusion because it is derived from certain assumptions about class, race, and gender, resulting in different consequences among social groups in society that have unequal power relations. Therefore, the authors suggests that a critical examination …

Forced Pooling: The Unconstitutional Taking Of Private Property, Kevin J. Lynch

Sturm College of Law: Faculty Scholarship

Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we must stop burning fossil fuels as fast as possible. This poses a huge political challenge, as many people make a lot of money from the fossil fuel industry, and they resist change. But an overlooked legal doctrine shows that we are not even going after the lowest hanging fruit. Oil and gas rights are often privately held in the United States. Some owners of those rights would be happy to leave their oil and gas safely in the …