Digital Commons Network^™

Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan

Srividhya Ragavan

In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …

Global Warming And European Private Law. Remarks At The Opening Session Of The 22d Common Core General Meeting, Lecce, 2016., Ugo Mattei

Ugo Mattei

University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor

Avishalom Tor

In contrast with the common assumption in the plea bargaining literature, we show fairness-related concerns systematically impact defendants' preferences and judgments. In the domain of preference, innocents are less willing to accept plea offers (WTAP) than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.

Econometrics In The Courtroom, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.

Surrogacy And Dignity: Rights And Relationships, Kate Galloway

Kate Galloway

In this Journal, Rachel Kunde shared her experiences as an altruistic surrogate, advocating for greater government support for surrogate mothers. Based on her own experience, her argument suggests that recognising women’s bodily autonomy is a central consideration in liberalising the regulation of surrogacy. Importantly, she argues that surrogacy arrangements need not impair the dignity of the surrogate mother. In particular, her advocacy appears to presuppose reproductive rights both in the intending parents to found a family, and for the surrogate to bear a child. This article responds to Kunde. While celebrating Kunde’s contribution to the discourse through her personal narrative, …

Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry

Daniel A Farber

Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …

A Functional Movement Screen Profile Of An Australian State Police Force: A Retrospective Cohort Study, Robin Marc Orr, Rodney Pope, Michael Stierli, Ben Hinton

Rodney P Pope

Background Police officers are required to perform dynamic movements in unpredictable environments, the results of which can lead to injury. Early identification of poor movement patterns of a police population, and potential sub groups within this population, may provide opportunities to treat and minimise injury risks. The aim of this study was to profile the functional movement capabilities of an Australian state police force and potential sub groups through a retrospective cohort study. Methods Retrospective data from an Australian State Police Force were provided for analysis (♂ n = 1155, mean (±SD) age = 31.34 ± 8.41 years: ♀ n …

A Functional Movement Screen Profile Of An Australian State Police Force: A Retrospective Cohort Study, Robin Marc Orr, Rodney Pope, Michael Stierli, Ben Hinton

Rob Marc Orr

Background Police officers are required to perform dynamic movements in unpredictable environments, the results of which can lead to injury. Early identification of poor movement patterns of a police population, and potential sub groups within this population, may provide opportunities to treat and minimise injury risks. The aim of this study was to profile the functional movement capabilities of an Australian state police force and potential sub groups through a retrospective cohort study. Methods Retrospective data from an Australian State Police Force were provided for analysis (♂ n = 1155, mean (±SD) age = 31.34 ± 8.41 years: ♀ n …

Enforcing Wildlife Protection In China, Peter J. Li

Peter J. Li, PhD

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …

Rp96-11 The Farm Corporation: What It Is, How It Works, How It Is Taxed, Neil E. Harl

Neil E. Harl

A corporation is an artificial person that is created and operated according to state corporation statutes. It is a separate taxpayer subject to specific and detailed federal, state, and local tax laws. The advice and service of your lawyer are indispensable in organizing and operating a farm corporation. There are three basic forms of farm business organization, the sole proprietorship, the partnership, and the corporation. Variations of these forms have resulted in the limited partnership and the "tax option" corporation. These three basic forms are discussed in this research publication.

The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz

Sungjoon Cho

Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman

Chad M. Bauman

Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, J Duffy, Subhajit Basu, G Davidson, K Pearson

Subhajit Basu

E-Cigarettes: An Up To Date Review And Discussion Of The Controversy, Zachary Sanford, Lynne J. Goebel Md

Lynne J. Goebel

Electronic cigarettes (e-cigarettes) present a novel method for nicotine delivery that is reportedly advantageous when compared to traditional cigarette usage. Manufacturers and consumers claim reduced chemical exposure, decreased symptom profiles, and efficacy in smoking reduction and cessation greater than conventional nicotine replacement therapies (NRT). However these products present new challenges and concerns to legislators, clinicians, and public health advocates. Questions of authority in state and federal legislation, establishing product quality control, assessing long-term studies on e-cigarettes and quantifying usefulness in harm reduction represent only a portion of the many unanswered topics being discussed. The purpose of this article is to …

Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes

The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling

Gary C. Kessler

"Champlain College formally started an undergraduate degree program in Computer & Digital Forensics in 2003. The underlying goals were that the program be multidisciplinary, bringing together the law, computer technology, and the basics of digital investigations; would be available as on online and oncampus offering; and would have a process-oriented focus. Success of this program has largely been due to working closely with practitioners, maintaining activity in events related to both industry and academia, and flexibility to respond to ever-changing needs. This paper provides an overview of how this program was conceived, developed, and implemented; its evolution over time; and …

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John Hermann

John Hermann

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.

Associate Justice William O. Douglas, John Hermann

John Hermann

No abstract provided.

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin