Digital Commons Network^™

Sui Generis Protection For Plant Varieties And Traditional Knowledge In Biodiversity And Agriculture: The International Framework And National Approaches In The Philippines And India, Christoph Antons

Indian Journal of Law and Technology

The so-called ‘biotechnology clause’ of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an ‘effective sui generis system’ or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, ‘traditional knowledge’ remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The …

Copyright, Cultural Production And Open-Content Licensing, Lawrence Liang

Indian Journal of Law and Technology

This article seeks to introduce the complex world of open-content licences against the backdrop of the massive expansion of copyright in recent years and the increasing threat posed by copyright licences to the world of cultural production. The world of open content has been inspired by the free software movement and hence this article begins with an overview of the conceptual challenges posed to copyright by free software movement. It then moves into an analysis of the ways in which the terms of free software may be understood for the purposes of cultural production and what such a translation may …

"Everything I Believe Is Rooted In Love": Women And Non-Binary Activists Of Color Fighting For The Practice And Promise Of Abolition, Brittany Pearl Battle

Qualitative Criminology (QC)

"The police murders of Breonna Taylor and George Floyd in the first half of 2020 sparked a powerful movement against police violence, white supremacy, and the carceral state with millions taking to the streets in the U.S. and globally. The movement coalesced around calls for police accountability, and to defund and abolish the prison industrial complex. While these calls for abolition were certainly not new, they reached national dialogues in a way not previously experienced. Although there are significant projects exploring abolition as a theory, there is not much scholarship on the specific area of the social movement that advocates …

Free And Open Source Software And The Twin Tragedies, Ananth Padmanabhan

Indian Journal of Law and Technology

The past decade has seen the rise and rise of free and open source software (FoSS). Part I of this paper surveys the FoSS movement from its early days to the present, including its fundamental philosophy. This part also looks into the different factors that have contributed to the growth of FoSS, such as the motivations of coders to be part of a “free” creative endeavor, the relatively flexible hierarchical structures that give considerable space for “free play”, and the shared values that integrate coders completely into the movement thus nurturing new creative activity from time to time. Part II …

The Legal Nihilism Of Pashukanis, Stephen J. Powell

Florida Law Review

No abstract provided.

Law And Science As Rival Systems, Lee Loevinger

Florida Law Review

No abstract provided.

Jurisprudence In Policy-Oriented Perspective, Harold D. Lasswell, Myres S. Mcdougal

Florida Law Review

No abstract provided.

A Working Model For Jurisprudential Investigation: On The Lawyer As An Emerging Force In Modern Jurisprudence, Thomas A. Cowan

Florida Law Review

No abstract provided.

Theories And Practices In The Legal Profession, Walter Probert, Louis M. Brown

Florida Law Review

No abstract provided.

Lsd: A Challenge To American Drug Law Philosophy, Brian Alexander Rosborough

Florida Law Review

No abstract provided.

What Is A Crime?, Vernon Fox

Florida Law Review

No abstract provided.

Statutory Regulation Of Marriage Counselors, Charles J. Cheves Jr.

Florida Law Review

No abstract provided.

Victimless Sex Crimes: To The Devil, Not The Dungeon, Morgan Stevenson Bragg

Florida Law Review

No abstract provided.

Wandering Into Psychology And Law, Phoebe C. Ellsworth

Book Chapters

Some people have a passion for a single topic that motivates and engages them for life. I’m not one of them. I can get interested in almost anything, and my career looks more like a random walk through a candy store than a single-minded pursuit of a goal. I am both a theorist and researcher in the field of emotion and a contributor to the application of psychology to legal issues. In this piece I will focus on my work in psychology and law. A review of my research on emotion can be found in Ellsworth and Scherer (2003).

Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam

The Indonesian Journal of Socio-Legal Studies

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing …

The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors (Book Review), Jeffrey Bellin

Popular Media

No abstract provided.

On Firms, Sanjukta Paul

Law & Economics Working Papers

This paper is about firms as an instance of economic coordination, and about how we think about them in relation to other forms of coordination as well as in relation to competition and markets. The dominant frame for thinking about firms--which has strongly influenced contemporary competition law as well as serving as a vital adjunct to the fundamental concepts of neoclassical price theory that guide many areas of law and policy--implicitly or explicitly explains and justifies the centralization of both decision-making rights and flows of income from economic activity on productive efficiency grounds. We have very good reasons to doubt …

The Ramifications Of Wisconsin V. Yoder: Six Foundational Problems With A 50-Year Old Landmark Case, Torah Bontrager

Journal of Amish and Plain Anabaptist Studies

My essay introduces the 1972 United States Supreme Court case Wisconsin v. Yoder to readers who don’t come from a legal background who want to understand the negative ramifications of the case and how it affects their individual rights. Yoder says that children of practicing Amish don’t have a right to any education and future other than one inside the Amish Church. My essay deconstructs the case from the perspective of an Amish American woman— yours truly — who escaped in the middle of the night at age 15 because of how this ruling has shaped the Amish people. I …

Not Just A Descending Trail: Traversing Holmes' Many Paths Of The Law, Winston P. Nagan

Florida Law Review

No abstract provided.

The Intersections Of Psychology, Peace, And Human Rights, Winston P. Nagan

Florida Law Review

No abstract provided.

Sex, Lies, And Genetic Testing: What Are Your Rights To Privacy In Florida?, Jon Mills

Florida Law Review

No abstract provided.

Illegal Aliens: Extraterrestrials And White Fear, Kenneth B. Nunn

Florida Law Review

No abstract provided.

Giving Some Back — A Reprise, Carol M. Rose

Florida Law Review

No abstract provided.

Giving, Trading, Thieving, And Trusting: How And Why Gifts Become Exchanges, And (More Importantly) Vice Versa, Carol M. Rose

Florida Law Review

No abstract provided.

On Thinking Theologically Of Lawyers As Counselors, Thomas L. Shaffer

Florida Law Review

No abstract provided.

Setting The Agenda For The 1990s: The Historical Foundations Of Gender Bias In Law: A Context For Reconstruction, Ricki Lewis Tannen

Florida Law Review

No abstract provided.

Challenging Law, Establishing Differences: The Future Of Feminist Legal Scholarship, Martha L. Fineman

Florida Law Review

No abstract provided.

"Who Is A Negro?"* Revisited: Determining Individual Racial Status For Purposes Of Affirmative Action, Chris Ballentine

Florida Law Review

No abstract provided.

Transcending The Impasse: Towards An Indigenous Vision Of Legality In Palestine, Juman Abujbara

LLM Theses

This thesis attempts to demonstrate that the international legal impasse surrounding Palestine is animated by incommensurable visions of legality. It argues that in portraying the Palestinian struggle for liberation as a struggle for state sovereignty, international law subjects the indigenous worldview to a violent and perpetual erasure. The thesis employs Aaron Mills' theoretical framework to argue for an incommensurability between Palestine's indigenous conception of legality and the dominant conception of legality underlying international law. Further, the thesis offers a reading of Ghassan Kanafani's novel The Other Thing to explore the consequences and normative implications of an impasse characterized by incommensurability. …

Amphibious Legal Geographies: Toward Land–Sea Regimes, Irus Braverman

Contributions to Books

Published as ine introduction to Laws of the Sea: Interdisciplinary Currents, Irus Braverman, ed.

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the juridical thinking that has enshrined the land/sea divide into contemporary governmental infrastructures, disciplinary traditions, and regulatory apparatuses, and charts the disastrous implications that such a legal fixation on the land/sea binary has wrought on human and other-than-human lifeworlds. As the collection proceeds, a second broad theme emerges, building on the first: when one rethinks the abstraction of law as played out on the ground, the …