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Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana, Muhammad Abdul Azis, Riski Ananda Kusuma Putri, Nur Rahman

Jurnal Hukum & Pembangunan

Prisons have a reputation for being cages of deprivation of freedom and atonement for wrongdoing. Prisoners lose their independence because prisons restrict their movement, including their sexual needs, which is like the "missing piece of the puzzle." The discussion in this article tries to explore the missing piece of prisoners' rights, examine, and analyze the impact of the Conjugal Visit program for prisoners in Indonesia, to bring new light to the realization of human rights in the prison system aimed at legal protection and fulfillment of human rights. This article uses normative legal methods. Systematic legal comparison is used to …

Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini

Jurnal Hukum & Pembangunan

Law 28/2014 on Copyright and Law 5/2017 on Cultural Promotion have a major role in regulating and protecting floklore. This can be seen from the norms that regulate the mechanism for protecting floklore in Article 38 paragraph (2) of the Copyright Law, which states that the state is obliged to make an inventory, maintain, and maintain traditional cultural expressions.law a quo also regulates the procedures for recording as contained in Articles 66-72. Not only that, the Law for the Advancement of Culture also regulates the floklore database through Articles 16-26 of a quo. The two laws then raise the question, …

Ensuring Health Security Of (Covid-19) Innovative Vaccines In The Light Of The Algerian And Comparative Legislations, Abid Abdelmoumen

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Although the Corona Virus Pandemic has stimulated Innovation, Research and Development to explore potential Vaccines; however, the expeditious launch of any of these products in the Markets should not be done at the expense of Patient Safety. So, this paper focuses on understanding how Health Laws and Regulations interfere in order to protect the Patients Health Security and peoples who exposed to future (COVID19) Vaccinations, and that's in different Health Systems; we starting with the US health system, passing through the Algerian health system, reached to the European health system.

To Kill A Mockingbird: A Look Into The Migratory Bird Treaty Act And Its Application To Unintentional Takings, Ben Davis

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Lowering Prescription Drug Costs: A Small Regulatory Change With A Large, Lasting Impact, Nicole Mouzakiotis

DePaul Law Review

No abstract provided.

Resolving Disputes Over Embryo Allocation Upon Divorce: A Need For A Hybrid Approach By Illinois Courts, Andrea Howell

DePaul Law Review

No abstract provided.

The United States-Mexico-Canada Agreement: How Nafta 2.0 Represents A New Era In North American Trade, David Evans

DePaul Law Review

No abstract provided.

The Legal And Ethical Considerations Of Facial Recognition Technology In The Business Sector, Samuel D. Hodge Jr.

DePaul Law Review

No abstract provided.

Race In The United States: A View From Outer Space, Stephen W. Smith, Géraldine Faes-Smith

Law and Contemporary Problems

No abstract provided.

The Social Value Of Intellectual Property, Alina Ng

Journal Articles

The focus of this paper is not on how intellectual property owners can misuse intellectual property rights in harmful ways in society. Much has already been written about that topic. Instead, this paper is about how to encourage intellectual property owners, especially corporate owners, to make decisions and implement strategies about their intellectual property rights that are socially valuable and positively impactful. This paper argues that if corporate and business owners of intellectual property understand the role that their intellectual property rights can have in creating a positive social impact, the influence that they can have in the market as …

Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective, Kuhu Tiwari, Dr. Niharika Sahoo Bhattacharya

Akron Law Review

Trademarks, which are premised on product differentiation, are alleged to play a divergent role when used on pharmaceutical products: they tend to create an artificial product differentiation for the bioequivalent pharmaceutical products that are marketed as branded, generics, and branded-generic products. It is implied that the companies incorporate trademarks to market their products to different consumers at different prices. However, concerns arise when a company uses multiple trademarks for a single active pharmaceutical ingredient (API); sometimes, the company labels each trademark as treating a different medical condition.

This practice of brand proliferation may pose risks to patient safety by confusing …

Symposium: Sexual Orientation, Gender Identity & The Constitution: Love Is Love: The Fundamental Right To Love, Marriage, And Obergefell V. Hodges, Reginald Oh

ConLawNOW

Why is same-sex marriage a constitutional right of individual autonomy and dignity? Because of love. Based on a close reading of Justice Anthony Kennedy’s majority opinion in Obergefell v. Hodges, this essay will argue that Obergefell is best understood as an opinion about the centrality of love, not just marriage, for individual self-realization. It is love that helps make sense of Kennedy’s opinion. If love is not understood to be an essential aspect of Kennedy’s reasoning, then the opinion is rendered less coherent, emptied of much of its substance, and made vulnerable to critiques from both the right and …

India’S New Ip Policy: A Bare Act?, Shamnad Basheer, Pankhuri Agarwal

Indian Journal of Law and Technology

Amidst much fanfare, the Indian government unleashed an Intellectual Property Rights (“IPR”) policy around two years ago. This paper aims at the first ever comprehensive assessment of this policy, its purported rationale and implications. It argues that the policy is a shoddily drafted and poorly conceptualised document, which is resting on empirically unproven intellectual property (“IP”) assumptions. It is more faith-based than fact-based and endorses a fairly formalistic view of IP, taking it to be an end in itself

Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley P. Kowalski, Aarushi Gupta, Ifica Mehra

Indian Journal of Law and Technology

The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter "agbiotech") within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in …

Plant Breeders’ Rights, Farmers’ Rights And Food Security: Africa’S Failure Of Resolve And India’S Wobbly Leadership, Chidi Oguamanam

Indian Journal of Law and Technology

Since 2000s, Africa and India severally rejected the notion that UPOV’s 1991 standard of Plant Breeders Rights (PBRs) is the only route to fulfil their obligations under Article 27 of the TRIPs Agreement. Objecting to the exclusive focus of the UPOV regime on formal plant breeders, African countries insisted on a holistic approach to plant breeders’ rights to include protection for rights of communities, farmers and their indigenous knowledge, innovation and practices. Consequently, under the African Union’s (AU) auspices, Africa proposed the Model Law for the Protection of the Rights of Local Communities and Breeders, and for Regulations of Access …

It’S All About Principle: How Patent Trolling, Over Broad Patents, Evergreening, And Patent Shelving Represent A Departure From The Patent Clause And How To Return To The Principle Of The Patent Clause, Morgan L. Stringer

Indian Journal of Law and Technology

This article explores differing patent abuses that reflect how current patent law has swung drastically away from the Patent Clause of the U.S. Constitution. The purpose of the Patent Clause is to ensure that inventors are given a limited monopoly in order to encourage innovation, or to “progress the useful arts and sciences.” There are many forms of patent abuse, but this article will explore patent trolls, overbroad patents, evergreening, and patent shelving as forms of patent abuse that reflect a departure from the Constitutional principle of progress in patent law. Each of these patent abuses hinders progress, so according …

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 …

Data Exclusivity With Regard To Clinical Data, Animesh Sharma

Indian Journal of Law and Technology

Intellectual property rights have evolved over the years with the intention of protecting novelty and innovation of ideas while creating a competitive market, at both a local and global level. The strongest tools to achieve this end have arguably been patents – protecting inventions that are novel, non-obvious and demonstrate utility. Most countries give a protection term of twenty years from the date of filing a valid submission. In the field of pharmaceuticals, foods and agrochemicals, marketing of products requires statutory clearances from the appropriate national regulatory bodies, in order to ensure that the products satisfy certain minimum criteria of …

Intellectual Property Rights And The Public Domain In The New World Order, John Frow

Indian Journal of Law and Technology

The proprietary system of intellectual property rights introduced by the TRIPS regime is premised on Western, neo-liberal notions of the nature of property. This article first highlights a number of recent changes in the global organisation of intellectual property rights. These changes indicate the international convergence of intellectual property law. The repercussions of the TRIPS regime on pharmaceuticals, agriculture, and genetic research are then examined. Finally, it stresses the importance of the idea of “common heritage” as a better way of thinking about the public domain.

Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy

Indian Journal of Law and Technology

As India wades into the 21st century, we are faced with a strategic choice about how we imagine and institutionalise new modes of regulation of access, control and production of information, knowledge and cultural resources. The rapid legislative activity on intellectual property, most recently the Patent (3rd Amendment) Act, 2005, has so radically shifted the goalposts of the debate that we are still to catch our breath! This essay is an exercise in deep breathing and careful reasoning to relieve us from our present breathless state.

India’S Tryst With Trips: The Patents (Amendment) Act, 2005, Shamnad Basheer

Indian Journal of Law and Technology

The Patents (Amendment) Act, 2005 introduces pharmaceutical product patents in India for the first time. This Act attempts to balance out competing interests of a variety of stakeholders, including domestic generic medicine producers, foreign multinational pharmaceutical companies and civil society groups concerned with access to medicines. Although this dexterous manoeuvring around competing interests deserves praise, the net result of such a compromise has been a lack of clarity in the law. While highlighting the key aspects of the 2005 amendments and this lack of clarity, this article also focuses on the vexed issue of the likely impact of the new …

Technology, Law, Freedom And Development, Yochai Benkler

Indian Journal of Law and Technology

Technology interacts with social, economic and legal frameworks to set the basic ‘affordances’ and constraints of human action over time. While biotechnology and nanotechnology may portend significant upheavals in the future, the most significant present transformation revolves around computers and the emergence of the networked information economy. These new technological and economic conditions are creating new forms of production and new forms of social behaviour that are fundamentally altering the way we know the world, how we learn about how the world is and how we can make it become. It is important that we study this transformation and understand …

"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green

Qualitative Criminology (QC)

Racial and ethnic disparities within the criminal legal system have been shown to disproportionately impact Black and Latinx children. Parental incarceration is associated with emotional and psychological stresses for children, but these effects can extend beyond incarceration. Research suggests that parental incarceration is not a discrete event and problems during childhood can exacerbate throughout the life course. Yet, little is known on how challenges faced by parental incarceration transcend to adulthood. Further, an examination on the long-term effects of parental incarceration through the lens of race, ethnicity, and gender remains understudied. In order to address this gap, this study focused …

Patenting Human Genes: Wherein Lies The Balance Between Private Rights And Public Access In India And The United States?, Elizabeth Siew-Kuan Ng

Indian Journal of Law and Technology

This article examines the patentability of human genes by evaluating where the balance should lie between the protection of private rights and public access for the promotion of further innovation and public health. The author investigates this issue by providing a comparative study on the approaches adopted in India and the United States – two highly divergent nations that offer unique contrasts in a comparative analysis of their patent regimes. The outcome of the appraisal discerns a potential convergence in the Indian and US approaches on certain aspects of human gene patent-eligibility. This interesting result reveals that contrary to intuition, …

Artificial Insemination—Legal And Related Problems, Thurston A. Shell

Florida Law Review

No abstract provided.

Admissibility Of Evidence Obtained By Scientific Devices And Analyses, Felver A. Rowell Jr.

Florida Law Review

No abstract provided.

A Quantitative Research Study On Probability Risk Assessments In Critical Infrastructure And Homeland Security, Alfred B. Lee

Doctoral Dissertations and Projects

This dissertation encompassed quantitative research on probabilistic risk assessment (PRA) elements in homeland security and the impact on critical infrastructure and key resources. There are 16 crucial infrastructure sectors in homeland security that represent assets, system networks, virtual and physical environments, roads and bridges, transportation, and air travel. The design included the Bayes theorem, a process used in PRAs when determining potential or probable events, causes, outcomes, and risks. The goal is to mitigate the effects of domestic terrorism and natural and man-made disasters, respond to events related to critical infrastructure that can impact the United States, and help protect …

Addressing The Disproportionate Adverse Health Effects Among Bipoc Communities As A Result Of Environmental Racism, Lindsay M. Farbent

Environmental and Earth Law Journal (EELJ)

This article examines factors that contribute to the negative health impacts on Black Americans, other minorities, and low-income communities that are living in areas with high levels of air pollution, toxic waste, and environmental hazards. First, this article assesses the role of historical residential redlining on the segregation of BIPOC neighborhoods. Furthermore, the article addresses gaps in both federal and state environmental laws that allow facilities to keep obtaining permits and polluting in BIPOC and primarily low-income neighborhoods. Moreover, the article explains the higher rates of trauma, stress, and stress-related illnesses among BIPOC communities exposed to high levels of environmental …

Water Pollution – Attempts To Decontaminate Florida Law, Frank E. Maloney, Sheldon J. Plager, Fletcher N. Baldwin

Florida Law Review

No abstract provided.

Law And Science As Rival Systems, Lee Loevinger

Florida Law Review

No abstract provided.