Digital Commons Network^™

Alaska Native Rights, Statehood, And Unfinished Business, Robert T. Anderson

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Alaska Native aboriginal rights to land and associated resources were never dealt with in a comprehensive fashion until 1971, when Congress passed the Alaska Native Lands Claims Settlement Act (ANILCA). Although general principles of federal Indian law provided strong support for the proposition that Alaska's Native people held aboriginal title to much of the new state, the Alaska Statehood Act itself carefully disclaimed any effect on aboriginal title. This approach was in keeping with the Congress's past dealings with Alaska Native property rights. This article outlines the history of Alaska Native aboriginal rights through the Statehood Act along with their …

Youth, Governance And The City: Towards A Critical Urban Sociology Of Youth Crime And Disorder Prevention, Matt Bowden

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This article considers the historical and spatial context for the emergence of youth crime and disorder prevention initiatives in Ireland. These initiatives have to be understood in the context of their relationship to the broader ‘urban question’ and in particular the relationship of the peripheral housing estate to the rest of society and the economic sphere. More recent changes in the nature of society and the emergence of a ‘liberal creed’ have resulted in greater use of surveillance technologies for offsetting the opportunities for crime to be committed. In this context, youth crime prevention initiatives must be seen as an …

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

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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 …

Holiday Home Owners, A Route To Sustainable Tourism Development? An Economic Analysis Of Tourist Expenditure Data, Ziene Mottiar

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Although sustainability comprises economic social and environmental aspects, economic analysis has been less evident in this literature. This article takes an economic perspective to evaluate the contribution of holiday home owners to a local economy. Tourism destinations which are at the mature stages of the tourism lifecycle wish to maximise revenue from tourism while minimising costs such as overcrowding. A prime objective has to be to attract the more valuable tourists. The analysis of North Wexford in Ireland poses questions such as: How does the holiday home owners’ expenditure in the local area compare to that of traditional tourists? Do …

Celtic Tiger Growth Creates A New Breed Of Holiday Maker, Ziene Mottiar, Bernadette Quinn

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No abstract provided.

The Competitive Global City 2030: A Futures Approach, Ruth Kelly, John Ratcliffe, Julie Gannon

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In an increasingly globalising and competitive world, cities are facing unparalleled challenges relating to such forces as economic restructuring and fiscal stress, national security, institutional relationships and the changing role of governance, environmental degradation, social and cultural transformation and rising exclusion. In May 2005, The Futures Academy, Technological University Dublin, in collaboration with the Urban Land Institute (ULI), embarked on a joint initiative to stimulate thinking and encourage informed discussions concerning the future trajectory and sustainable development of the competitive ‘global city’. As part of this study, The Academy undertook in-depth background research including a comprehensive questionnaire survey; an interactive …

When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones

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No abstract provided.

International Law And The Rise Of China, Eric A. Posner, John C. Yoo

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No abstract provided.

Exclusionary Amenities In Residential Communities, Lior Strahilevitz

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No abstract provided.

Global Macroeconomic Trends, Thomas Power

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The business of real estate is but a subset of the wider investment markets and macroeconomic trends will significantly shape the way real estate investment decisions are made. The McKinsey Institute is a global economic consultancy firm providing cutting-edge research on a wide range of macroeconomic and business trends. This article reviews macroeconomic trends that they believe will transform the global economy. McKinsey research show that “over two-thirds of organic growth of western companies can be attributed to being in the right markets and geographies” and “companies that ride the tide succeed and those that swim against it usually struggle” …

The Territorial Temptation: A Siren Song At Sea, Bernard H. Oxman

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No abstract provided.

Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung

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Climate change is already having adverse eeds on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy. Even if animals and species are valued solely by reference to human preferences, consideration of animal welfare dramatically increases the argument for aggressive responses to climate change. We estimate that, even under conservative assumptions about valuation, losses to nonhuman life might run into the hundreds of billions of dollars annually. Whatever the precise figure, the general conclusion is clear: …

A Parent-Centered Radial Layout Algorithm For Interactive Graph Visualization And Animation, Andrew Pavlo, Christopher Homan, Jonathan Schull

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We have developed (1) a graph visualization system that allows users to explore graphs by viewing them as a succession of spanning trees selected interactively, (2) a radial graph layout algorithm, and (3) an animation algorithm that generates meaningful visualizations and smooth transitions between graphs while minimizing edge crossings during transitions and in static layouts. Our system is similar to the radial layout system of Yee et al. (2001), but differs primarily in that each node is positioned on a coordinate system centered on its own parent rather than on a single coordinate system for all nodes. Our system is …

Fta And The City: Imagineering Sustainable Urban Development, John Ratcliffe, Elzbieta Krawczyk, Ruth Kelly

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This paper argues that urban planners and policy-makers lack an effective future-oriented approach enabling them to comprehend current complexity, anticipate impending change and shape a preferred future condition. In doing so it: - reviews the performance of contemporary city planning; - examines the need to chart and navigate the city technosphere by reference to city capital; - explores ways in which planning can benefit from a futures studies approach; - describes generally how futures-oriented thinking can produce effective city prospective; and, - poses specifically a number of questions regarding the concept of the intelligent city’. The paper concludes by calling …

Smart Growth: A Buffer Zone Between Decentrist And Centrist Theory?, Dorothy Stewart, Lorcan Sirr, Ruth Kelly

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The context for planning at the turn of the 19th century, in a newly industrialized world, was based on the need to find solutions to overcrowding and dire urban conditions. Planning decisions made in the post-World War II period were primarily motivated by the desire to reconstruct war torn cities. The forces of influence for planning and development in modern advanced capitalist societies are arguably set within the context of sustainable development. Many developed countries have witnessed a dramatic change in their territorial structures. Urban centres are extending into rural areas and surrounding hinterland, where large tracts of land are …

Information Society Challenges To Financial Regulation, Caroline Bradley

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No abstract provided.

Land Feuds And Their Solutions: Finding International Law Beyond The Tribunal Chamber, Steven R. Ratner

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The resolution of conflicting claims to land has long stood at the heart of the project of international law. Indeed, the encounter between the order envisaged by advocates of the law of nations and what Georges Scelle called the" obsession with territory" has been a defining struggle for our field, demonstrating to some its promise and to others its futility. Much, perhaps even most, legal scholarship on this subject over the last century has focused on adjudication by ad hoc tribunals or standing courts, in which jurists have derived and invoked hallowed principles that enabled them to draw lines-across mountains, …

Harnessing And Sharing The Benefits Of State-Sponsored Research: Intellectual Property Rights And Data Sharing In California's Stem Cell Initiative, Rebecca S. Eisenberg, Arti K. Rai

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This Article discusses data sharing in California's stem cell initiative against the background of other data sharing efforts and in light of the competing interests that CIRM is directed to balance. We begin by considering how IP law affects data sharing. We then assess the strategic considerations that guide the IP and data policies and strategies of federal, state, and private research sponsors. With this background, we discuss four specific sets of issues that public sponsors of data-rich research, including CIRM, are likely to confront: (1) how to motivate researchers to contribute data; (2) who should have access to the …

Jewish Law For The Law Librarian, David Hollander

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Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.

Trademarks And The Landscape Of Imagination, Alan L. Durham

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No abstract provided.

The War On Terrorism And International Humanitarian Law, Steven R. Ratner

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My focus today is on the broad question of the so-called "war on terrorism" and how it fits within the framework of the rules of international humanitarian law. Are these laws applicable? There have been a variety of claims since September 11th that humanitarian law needs some kind of revision. Some making this claim assert that the current legal regime is too generous to terrorists, while others insist that it is too generous to governments. The International Committee of the Red Cross (ICRC) has even convened various groups of experts to discuss this issue and the assumption among many has …

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

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My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …

Refugees' Human Rights And The Challenge Of Political Will, James C. Hathaway

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Governments in all parts of the world are withdrawing in practice from meeting the legal duty to provide refugees with the protection they require. While states continue to proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, many appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source of enhanced operational flexibility in the face of changed political circumstances. For refugees themselves, however, the increasingly marginal relevance of international refugee law has …

Jewish Law For The Law Librarian, David Hollander

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Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.

Odious Debt Or Odious Payments - Using Anti-Corruption Measures To Prevent Odious Debt, Anita Ramasastry

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This article focuses on ways to stem the tide of odious payments and to stop such payments, when made, from moving offshore into foreign bank accounts. To the extent that such payments leave a country, fewer funds are available to repay sovereign debts in the event of a regime change, or to feed and shelter the population. This article focuses on emerging anti-corruption mechanisms as a means of dealing with odious payments and odious debt. It also focuses on the role of financial institutions (banks) as gatekeepers. Part I of this article focuses on the way in which banks are …

Radical Integration, Michelle Adams

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"Radical Integration" explores the two primary theoretical frameworks for achieving black liberation: the integration approach (which can be understood as assimilationist) and the identity-based, community-centered approach (which can be understood as isolationist). I argue that neither framework, by itself, is enough to ensure the achievement of true black liberation. I extract key elements of each approach and harmonize them to envision an entirely new framework. This framework, "radical integration," refocuses on the impact of racial segregation on the black community and simultaneously recognizes the need to address concerns about black identity and black authenticity in an integrated environment.

Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes

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Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …

Using Sketches And Knowledge Bases For Geo-Spatial Image Retrieval, Michela Bertolotto, James Carswell, E Mcloughlin, D O'Sullivan, C Wilson

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This paper presents research in the field of knowledge management for geo-spatial imagery including scanned aerial photos and satellite images. We have developed a web-based system that allows users to query a database of images not only using metadata, but also drawing sketches of configurations of objects they are interested in as well as inputting textual descriptions of their intended task. Our system integrates case-based reasoning techniques to form a knowledge base from previously issued queries that can be exploited to improve future query processing and to build organizational memory through experience capture. The effective design and implementation of a …

Touristic Transcendence And Post Modern Flitting: An Exploration Of The Experiences Of Second Home Owners, Deirdre Quinn, Darach Turley

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The focus of this article is the experience of the tourist as s/he moves between ordinary everyday non-tourist life and tourist life in the current postmodern consumption context.

A comprehensive review of the existing literature on second home consumption is presented. There is some emphasis on how it is practised by the Irish second home owner. This is a group that has been identified as being relatively under-researched in a consumer behaviour context; it is a group thst is affluent, growing and heterogeneous (Mottiar and Quinn 2003).

The vacation home is a complex issue within tourism being viewed as 'a …

Cts Dubrovnik 2005 Touristic Transcendence, Deirdre Quinn, Darach Turley

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Research aims: This study aims to explore the experience of transition of the tourist as s/he transits between ordinary non-tourist life and tourist life, in the case of the second homeowner. Research approach: An emic approach employing an interpretive, ethnographic methodology was deemed to be particularly appropriate to these aims.