Digital Commons Network^™

Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton

Vanderbilt Law School Faculty Publications

A fundamental conceptual problem has long dogged discussions about scientific and other expert evidence in the courtroom. In American law, the problem was most famously posed by Judge Learned Hand, who asked: "[H]ow can the jury judge between two statements each founded upon an experience confessedly foreign in kind to their own? It is just because they are incompetent for such a task that the expert is necessary at all." This puzzle, sometimes known as the "expert paradox," is quite general. It applies not only to the jury as factfinder, but also to the judge as gate- keeper under the …

Developing Ecological Security Pattern For Coastal Wetlands Based On “Three-Line Integration” Spatial Strategy, Xiaowen Li, Liehui Zhi, Tiantian Ma, Zengli Liu, Baoshan Cui, Dongdong Shao, Yu Cao, Yonglin Mu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Coastal wetlands function as key socioeconomic resources as well as ecological barriers for sustainable development in coastal regions. Although previous research and practices indicate that restoration of degraded wetlands needs combination with intact natural wetlands to achieve best integrated ecosystem services, this kind of integration is still lacking both in research and practice. In the past decades, increased land reclamation coupling with climate change (e.g. sea level rise) have led considerable coastal squeeze effects and intensified degradation and loss in coastal wetlands along Chinese coastline, restoration of damaged coastal wetlands is therefore urgently needed to enhance the overall ecological functions …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

Strengthening China's Response To Economic Losses Caused Byship Oil Pollution: Advancing Compensation Mechanisms, Meiyi Gai

Chulalongkorn University Theses and Dissertations (Chula ETD)

China's oil pollution compensation system, established relatively late, has an imperfect legal framework, leading to numerous issues in claim settlements. Frequent oil pollution incidents significantly damage its marine ecosystem and harm affected parties. Despite initial efforts, China's compensation framework is less effective than those of developed countries. This paper examines the current challenges in China's compensation mechanism for ship oil pollution damage, drawing lessons from Canada and the United States, and proposing improvements. Through a comprehensive literature review and comparative analysis, the study identifies legislative strengths and weaknesses, aiming to improve China's system by adopting a dual-track compensation mechanism that …

Big Data Technology Enabling Legal Supervision, Qingjie Liu, Shuo Liu, Yirong Wu, Yueqiang Weng, Yihao Wen, Ming Li

Bulletin of Chinese Academy of Sciences (Chinese Version)

Legal supervision plays an important role in the national governance system and capacity. In the era of digital revolution, the rapid development of digital procuratorial work with big data legal supervision as the core promotes to reshape the legal supervision and governance system. In this study, the inherent need of legal supervision for active prosecution in the new era, and the innovative role of new public interest litigation in comprehensive social governance, are firstly analyzed. Then, the core meaning and reshaping role of big-data-enabling-legalsupervision and supervision-promoting-national-governance of digital prosecution are discussed. After summarizing the practical experiences and challenges of big …

Path Choice Of Algorithm Intellectual Property Protection, Yulu Jin, Youdan Xiao

Bulletin of Chinese Academy of Sciences (Chinese Version)

Protection of algorithm by intellectual property is a powerful way to stimulate innovation and regulate the risk of the algorithm. Algorithm that can be protected by intellectual property right is the program algorithm, which is compiled in computer language, in the form of coded instruction sequence, run by the computer and produce independent rational value results. The article is combed out that there are drawbacks to the traditional path of IP to protect program algorithms:it has conflict between program algorithm and copyright law system; the trade secret path is at odds with program algorithmic governance; and program algorithm can hardly …

Life Sciences & Health Law, Carly Toepke, Katrin Hanschitz, Yevgeniya Ocheretko, Danny Shebaclo

The Year in Review

No abstract provided.

Can You Dig It? Yes, You Can! But At What Cost?: A Proposal For The Protection Of Domestic Fossils On Private Land, Bridget Roddy

Texas A&M Journal of Property Law

Paleontological resources require similar protections to archaeological resources because the threat of looting, improper excavation, and market demand are analogous. Paleontological resources are responsible for informing much of scientists’ understanding of evolution and the history of the planet, just as cultural property helps to inform the evolution of humanity and culture. Once either object is removed from its original context, there is an immediate and invaluable loss of information that could have illuminated important information about the past. When either is removed from the environment in which they were created, a nonrenewable link to the past is lost.

Existing laws …

Acceptance Of Modern International Law In Japan, Motoyasu Nozawa

Japanese Society and Culture

From the end of the Edo period to the beginning of the Meiji period, there was almost no knowledge of international law in the government. I have examined, under these circumstances, how Japan accepted and applied modern international law through several events and national practices. I also discussed how international jurists were born, what role they played in the development of international law, and what influence they had on the subsequent development of modern international law in Japan.

A New Prescription For The Opioid Epidemic: 360- Degree Accountability For Pharmaceutical Companies And Their Executives, Rebecca A. Delfino

UC Law Journal

We can no longer ignore this—a national crisis resulting in almost one million American deaths, costing hundreds of millions of dollars, ravaging the health care system, and devastating state and local communities. This narrative describes the COVID-19 pandemic and something else: the epidemic of opioid addiction and abuse. In the last twenty years, the opioid epidemic claimed the lives of more than 700,000 people at the cost of more than 500 billion dollars to the economy. The COVID-19 pandemic has made the opioid epidemic worse, causing a staggering increase in opioid-related overdose deaths. Even now, on average, 140 people die …

Towards New Era Of Innovation Law—Comments On 2021 Revision Of Law Of The People’S Republic Of China On Science And Technology Progress, Youdan Xiao

Bulletin of Chinese Academy of Sciences (Chinese Version)

On December 24, 2021, the Standing Committee of the National People's Congress adopted the second amendment to the Law of the People's Republic of China on Science and Technology Progress. This revision systematically and comprehensively updates the existing basic laws on science and technology, and the depth, strengthen, and scope of this revision are unprecedented in the history of China's science and technology legislation. On this basis, the major highlights, key systems, and possible issues of this amendment are systematically reviewed from three perspectives:institutional response, institutional innovation, and implementation challenge, with designation to providing reference for the effective implementation of …

Diplomatic Impact In The Stars? A Review Of The Impact Of The Artemis Accords On Global Relationships, Joshua Lee, Elsbeth J. Magilton 4721662, Amelia Ruffolo

Catholic University Journal of Law and Technology

This essay examines the near-term and possible long-range impacts of the Artemis Accords on our relationships to our allies and whether the accords amount to a significant narrative shift in international space relations. Per the National Aeronautics and Space Administration (NASA), the Accords “describe a shared vision for principles, grounded in the Outer Space Treaty of 1967, to create a safe and transparent environment which facilitates exploration, science, and commercial activities for all of humanity to enjoy.” Many U.S. space allies have already signed, but do these accords truly strengthen our international relationships? Will they create a notable change in …

Cross-Cultural Communication In A Crisis: The Universality Of Visual Narrative In The Covid-19 Pandemic, Michael D. Murray

Law Faculty Scholarly Articles

A primary goal of twenty-first century legal works is to communicate the law effectively to diverse audiences. Many of the most needful and most vulnerable audiences for legal information have members who lack basic literacy skills and suffer linguistic and cultural confusion from verbal textual media—namely, the printed word. Yet for centuries, legal rules and government restrictions have been communicated nearly exclusively through the printed word. Recent scholarship in visual legal rhetoric, visual literacy studies, and visual cultural studies is informed by cognitive psychology and neuroscience that all points to a solution: visual communication of the law. Visual communication is …

The Covid-19 Vaccine: A Spotlight On Distribution Challenges, Erica Gray

Notre Dame Journal of International & Comparative Law

No abstract provided.

แนวทางการพัฒนากฎหมายการระงับข้อพิพาททางเลือกด้วยรูปแบบผสมระหว่างการไกล่เกลี่ยและการอนุญาโตตุลาการ, เอเซีย หยุ่นจิตต์

Chulalongkorn University Theses and Dissertations (Chula ETD)

วิทยานิพนธ์เล่มนี้มีวัตถุประสงค์เพื่อศึกษาแนวทางการพัฒนากฎหมายการระงับข้อพิพาททางเลือกด้วยรูปแบบผสม (Mixed Mode / Hybrid Process) โดยการนำเอาการระงับข้อพิพาทด้วยวิธีการไกล่เกลี่ยและการระงับข้อพิพาทด้วยการอนุญาโตตุลาการรวมเข้าด้วยกันซึ่งเป็นทางเลือกใหม่ในข้อพิพาทเชิงพาณิชย์ระหว่างประเทศ โดยมุ่งจะศึกษาแนวความคิดของการระงับข้อพิพาททางเลือกด้วยรูปแบบผสมในแต่ละภูมิภาค ได้แก่ กฎหมายในระดับพระราชบัญญัติ (Act) ในเขตอำนาจศาลต่าง ๆ (Jusrisdiction) หลักเกณฑ์ทางกฎหมายที่อยู่ในกฎของสถาบันการระงับข้อพิพาท (Rules) ตลอดจนแนวทางปฏิบัติของผู้ประกอบวิชาชีพ (Professional Practice Guideline) รวมถึงวิเคราะห์การบังคับตามผลลัพธ์ของการระงับข้อพิพาทด้วยรูปแบบผสมไม่ว่าจะอยู่ในรูปแบบของคำชี้ขาดตามความยินยอม (Consent Award) ภายใต้อนุสัญญาว่าด้วยการยอมรับและบังคับตามคำชี้ขาดอนุญาโตตุลาการต่างประเทศ ค.ศ. 1958 (New York Convention 1958) และการบังคับในฐานะข้อตกลงเพื่อการระงับข้อพิพาท (Settlement Agreement) ภายใต้อนุสัญญาสหประชาชาติว่าด้วยข้อตกลงการระงับข้อพิพาทระหว่างประเทศอันเป็นผลมาจากการไกล่เกลี่ย ค.ศ. 2019 (Singapore Convention on Mediation 2019) เพื่อเป็นแนวทางในการออกแบบกฎหมายกฎหมายการระงับข้อพิพาททางเลือกด้วยรูปแบบผสมที่เหมาะสมในบริบทของประเทศไทย

Review Of Eu’S Carbon Neutral Policy System And Its Enlightenment, Liping Dong, Jingjing Zeng, Jiansheng Qu, Huijuan Pei, Qin Liao, Yanfei Liu, Lina Liu, Bingxue Qin

Bulletin of Chinese Academy of Sciences (Chinese Version)

Carbon neutrality is a redefinition of human development mode, and a "self-reform" of the production paradigm. It not only affects the economic development of various countries, but also rebuilds the global geopolitical pattern. Since 2060 carbon neutrality target was proposed in September 2020, China has been working hard on exploring how to establish a system of the carbon neutral policy. By considering the system of carbon neutral policy in European Union that is relatively mature, this study comprehensively reviews and analyzes the EU's system of carbon neutral policy from policy framework, key industry measures, R&D deployment support, and fiscal and …

Trusts From A To Z: Legal Ethics, Thomas Simmons

Faculty Publications

No abstract provided.

Openness Through The Lenses Of The Three-Step-Test: International Perspectives On Copyright Protection, Marinos Papadopoulos, Nikos Koutras

Research outputs 2014 to 2021

This paper is focused on openness movement and the principles that said movement declared regarding the use of works set under copyright protection to enable for open access works. The three-step-test legal edifice is deeply rooted in international copyright law; its meaning and application is of vital importance for any consideration of amending copyright law with the aim to include provisions for openness. Unless a provision for openness passes the three-step-test there can be no sustainable amendment of copyright law in favour of openness.

Parameters Autumn 2021, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Using Experimental Realism To Reevaluate Factors Related To Eyewitness Identification, Victoria Beck, Chris Rose

Journal of Criminal Justice and Law

There is a wealth of research on eyewitness accuracy dating back to the early 1900s, which has identified a variety of factors influencing eyewitness misinformation and misidentifications. However, this body of research has primarily utilized laboratory designs that do not reflect the reality of an eyewitness experiencing a criminal event. The current study expands research in this area by uniquely utilizing experiential realism (a staged theft in real time) to reevaluate some of the known factors related to eyewitness misidentification. After viewing a staged theft, study participants were randomly assigned to experimental conditions, and their ability to accurately identify the …

International Intellectual Property Law, Caroline Berube, Susan Brushaber, Amanda Covington, Manish Dhingra, Robin S. Fahlberg, Carolina Keller Jupitz, Jennifer Kwon, Mrityunjay Kumar, Daniel Marugg, Bruce A. Mcdonald, David Taylor, Sameep Vijayvergiya, Uche Ewelukwa Ofodile, Ralph Cathcart, Michelle Wynne

The Year in Review

No abstract provided.

Enhancing Protection And Use Of Intellectual Property Of National Strategic Scientific & Technological Power—Case Study Of Chinese Academy Of Sciences, Yafeng Zhang, Bing Xiao, Haibo Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Chinese Academy of Sciences (CAS) undertakes the relevant responsibility and missions of national strategic scientific & technological (S&T) power, and has a history of emphasizing intellectual property (IP) work. The research analyzes the institutional regulations and main measures of CAS in protecting and using IP, and summarizes the model characteristics. Based on the practice of CAS, we put forward suggestions of protecting and using IP for national strategic S&T power in terms of strategy and institution, professional arrangement, models and measures, management process.

Ownership Rights Of Research & Development Outputs In Historical Perspective: From Public Ownership, Ownership Right Of Scientific And Technological Achievements To Intellectual Property Rights, Youdan Xiao, Xin Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Empowering Scientists to retain ownership or long-term access rights of government-funded research & development outputs (R&D outputs), is a key exploration and reform for China's central government to promote the market mechanism's decisive role in allocating innovation resources. As a result of the public ownership-based economic and social system, how to properly coordinate the relationship between the state, the collectives and the individuals will inevitably become the core issue in China's reform on the ownership rights of R&D outputs. By reviewing the institutional changes and reform process on the ownership policy of government-funded R&D outputs in China, this paper clarifies …

Nuclear Terrorism: Statutory Shortcomings And Prosecutorial Opportunities, Rohan Mishra

International Law Studies

In 2016, President Barack Obama warned that “[t]he danger of a terrorist group obtaining and using a nuclear weapon is one of the greatest threats to global security.” Thus far, however, U.S. and international efforts to address nuclear terrorism have faced a fundamental dilemma: While the importance of preventing this threat is unquestioned, there has been limited opportunity or need to conduct prosecutions that hinge on nuclear terrorism charges. This dilemma reflects the current piecemeal approach to nuclear terrorism, which prioritizes policies that address the “back-end” risk of nuclear terrorism (i.e., the detonation of nuclear weapons or attack of nuclear …

A Review Of Open Research Data Policies And Practices In China, Lili Zhang, Robert R. Downs, Jianhui Li, Liangming Wen, Chengzan Li

Copyright, Fair Use, Scholarly Communication, etc.

This paper initially conducts a literature review and content analysis of the open research data policies in China. Next, a series of exemplars describe data practices to promote and enable the use of open research data, including open data practices in research programs, data repositories, data journals, and citizen science. Moreover, the top four driving forces are identified and analyzed along with their responsible guiding work. In addition, the “landscape of open research data ecology in China” is derived from the literature review and from observations of actual cases, where the interaction and mutual development of data policies, data programs, …

Surveying The Safety Culture Of Academic Laboratories, Emily Faulconer, Zachary Dixon, John C. Griffith, Hayden Frank

Publications

The university traditionally has been the foundation for young adults’ professional development, yet the proclivity toward safety culture has garnered less focus in higher education than in the workforce. A survey of faculty at a medium-sized, research-active, private institution revealed specific areas of policy noncompliance as well as specific safety attitudes that can be targeted for interventions. Albeit a snapshot view, the survey implies that safety needs better representation in the classroom, teaching laboratories, and research facilities at universities. Safety is not abandoned by any means, and there is a strong presence of safety-oriented individuals, but the data show barriers …

2020-2021 Supreme Court Preview: Biographies Of 2020 Supreme Court Preview Panelists, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Corporal Punishment, Social Norms, And Norm Cascades: Examining Cross-National Laws And Trends In Homes Across The Globe, Melissa L. Breger, Lucy Sorensen, Victor Asal, Charmaine N. Willis

William & Mary Journal of Race, Gender, and Social Justice

For centuries, parents across the globe have utilized corporal punishment against children in the name of discipline. This Article is the first legal article to examine cross-national trends in child corporal punishment laws and to propose ideas for reducing its practice using the social norms approach. By examining 192 countries over a 46-year period, we shed light on emerging patterns. Additionally, by delving into countries’ self-reports regarding their compliance with the United Nations Convention on the Rights of the Child (CRC) treaty, we observe other unique patterns globally.

Notably, during the course of our empirical research and data collection (2017–2019), …

Economic Sanctions And Protection Of Fundamental Human Rights: A Review Of The Icj's Ruling On Alleged Violations Of The Iran-U.S. Treaty Of Amity, Seyed M.H. Razavi, Fateme Zeynodini

Washington International Law Journal

This article studies the unilateral regime of sanctions and their impact on two fundamental human rights: the right to food and the right to health. This article argues that international tribunals will set the level of obligation required to protect these human rights by observing the empirical correlation between economic sanctions and the deterioration of these rights in target states. By reviewing the elements that contribute to the strength of punitive economic measures, this article shows how sanctions have a greater impact on a population. This article concludes that the more powerful the economic sanctions, the higher the level of …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 1, Spring 2020

Nebraska Transcript

2 Dean's Message

4 Faculty Notes

10 Civil Procedure, State Con Law scholar, Jonathan Marshfield, joins Nebraska Law

11 Remembering Steve Kalish

14 Remembering Marty Gardner: Long time faculty member, Gardner loved teaching, prioritized students. Professor Marty Gardner passed away late November 2019. His longtime friend and colleague, Professor Robert Denicola, remembers his kindness and love of teaching.

17 University hosts FCC Chairman Ajit Pai

18 Nebraska Law Hosts 12th Annual Nebraska Space Law Conference

20 Women’s Leadership Initiative features former ACLU president Nadine Strossen

29 Football agent Mulugheta maintains, ‘For success, be all in, but find balance' David Mulugheta, …