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Offshore Strategies In Global Political Economy: Small Islands And The Case Of The Eu And Oecd Harmful Tax Competition Initiatives, Richard Woodward Oct 2006

Offshore Strategies In Global Political Economy: Small Islands And The Case Of The Eu And Oecd Harmful Tax Competition Initiatives, Richard Woodward

Articles

This article investigates how recent attempts by the European Union (EU) and the Organisation for Economic Co-operation and Development (OECD) to clamp down on harmful tax competition will affect small island economies with offshore financial centres (OFCs). It argues that although there are legitimate concerns about the initiatives, the likelihood that small island OFCs will disappear is remote. A confluence of factors have forced the EU and OECD to dilute their original proposals to the extent that while some marginal OFCs may be driven out of existence, more sophisticated OFCs will be unharmed and may even benefit from this supposed …


Age Concern: The Future Of The Oecd, Richard Woodward Apr 2006

Age Concern: The Future Of The Oecd, Richard Woodward

Articles

‘Life’, so the adage has it, ‘begins at 40’. But, as American journalist Helen Rowland wryly observed, ‘so do fallen arches, rheumatism, faulty eyesight, and the tendency to tell a story to the same person, three or four times’. Such a sentiment should resonate within the Parisian corridors of the Organisation for Cooperation and Development (OECD) which celebrates its 45th anniversary on 30 September. Rival institutional developments, evolving geo-political realities, hostility from non-governmental organisations (NGOs) and the absence of a precisely defined mission statement have marred the OECD’s fifth decade and left the organisation struggling to justify its place in …


Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton Jan 2006

Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton

Articles

Computer software is somewhat of a problem child for intellectual property law. Courts and legislatures have struggled to encourage innovations in software development while, at the same time, attempting to avoid undesirable digital information monopolies. Neither the patent nor the copyright system has provided a particularly satisfactory paradigm for software protection. Although patents have received greater attention than copyrights in the software context (consider, for example, the recent BlackBerry case), copyright law arguably creates more insidious undercurrents in today's marketplace. This is partly because we have not yet appreciated the potential impact of recent developments in programming methodology and digital …


Social Software, Groups, And Governance, Michael J. Madison Jan 2006

Social Software, Groups, And Governance, Michael J. Madison

Articles

Formal groups play an important role in the law. Informal groups largely lie outside it. Should the law be more attentive to informal groups? The paper argues that this and related questions are appearing more frequently as a number of computer technologies, which I collect under the heading social software, increase the salience of groups. In turn, that salience raises important questions about both the significance and the benefits of informal groups. The paper suggests that there may be important social benefits associated with informal groups, and that the law should move towards a framework for encouraging and recognizing them. …


The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison Jan 2006

The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison

Articles

This Essay was written as part of a Symposium on open access publishing for legal scholarship. It makes the claim that open access publishing models will succeed, or not, to the extent that they account for the existing economy of prestige that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy - or perhaps especially by them) may facilitate the emergence of a viable open access norm.


Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison Jan 2006

Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison

Articles

This Article is a contribution to a Symposium that focuses on the ideas of Margaret Jane Radin as a point of departure, and particularly on her analyses of propertization and commodification. While Radin focuses on the harms associated with commodification of the person, relying on Hegel's idea of alienation, we argue that objectification, and in particular objectification of various features of the digital environment, may have important system benefits. We present an extended critique of Radin's analysis, basing the critique in part on Gadamer's argument that meaning and application are interrelated and that meaning changes with application. Central to this …