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Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka Jan 1996

Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka

Articles

What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …


Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado Jan 1996

Statutory Rape Laws - Does It Make Sense To Enforce Them In An Increasingly Permissive Society At Issue, Michelle Oberman, Richard Delgado

Articles

No abstract provided.


The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford Jan 1996

The Draft International Antitrust Code Proposed At Munich: Good Intentions Gone Awry, Daniel J. Gifford

Articles

Because private exclusionary arrangements can potentially effectively neutralize the market-opening efforts undertaken by governments, they have long been the subject of international concern.1 Manifestations of this concern extend back to 1948 when delegates to the Havana Conference approved a set of provisions directed against cartels and restrictive business practices. Periodically, government officials and others have focused upon the question of whether restrictive agreements among private business firms may impede trade. As a host of international agreements have progressively eliminated or have placed limits on government-erected trade barriers, attention has increasingly focused upon privately-erected barriers, i.e., those resulting from cartel-like exclusionary …


Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday Jan 1996

Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday

Articles

No abstract provided.


Toward The Reformulation Of International Refugee Law, James C. Hathaway Jan 1996

Toward The Reformulation Of International Refugee Law, James C. Hathaway

Articles

As powerful states have increasingly come to question the consonance of the Convention-based refugee law system with their more general migratory control objectives, a political space has evolved in which fundamental issues of the nature of international refugee protection are tenable for the first time since the immediate post-War era. While it is true that recent reform initiatives have generally been regionalized in scope and often restrictionist in tendency, the Reformulation Project is examining the possibility of re-invigorating a universal protection regime characterized by an enhanced conceptual scope aligned with the norms of international human rights law, yet tailored to …


Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs Jan 1996

Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs

Articles

No abstract provided.


Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer Jan 1996

Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer

Articles

No abstract provided.


Cheaters, Not Criminals: Antitrust Invalidation Of Statutes Outlawing Sports Agent Recruitment Of Student Athletes, Ricardo J. Bascuas Jan 1996

Cheaters, Not Criminals: Antitrust Invalidation Of Statutes Outlawing Sports Agent Recruitment Of Student Athletes, Ricardo J. Bascuas

Articles

No abstract provided.


Norms And Property In The Middle Kingdom, Glenn R. Butterton Jan 1996

Norms And Property In The Middle Kingdom, Glenn R. Butterton

Articles

No abstract provided.


It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin Jan 1996

It Came From Planet Clipper: The Battle Over Cryptographic Key "Escrow", A. Michael Froomkin

Articles

No abstract provided.


Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin Jan 1996

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.


The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi Jan 1996

The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi

Articles

No abstract provided.


Observations On Vessel Release Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman Jan 1996

Observations On Vessel Release Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett Jan 1996

Beyond The Rhetoric Of The Nafta Treaty Debate: A Comparative Analysis Of Labor And Employment Law In Mexico And The United States, Stephen F. Befort, Virginia Cornett

Articles

No abstract provided.


Measured Stark Widths Of A 425,94 Nm Ari Spectral Line, Ljiljana Skuljan, Vladimir Milosavljevic, Aleksandar Sreckovic, Stevan Djenize Dec 1995

Measured Stark Widths Of A 425,94 Nm Ari Spectral Line, Ljiljana Skuljan, Vladimir Milosavljevic, Aleksandar Sreckovic, Stevan Djenize

Articles

No abstract provided.


The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport Nov 1995

The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.


Chp And Energy Conservation, Jim Mcgovern Sep 1995

Chp And Energy Conservation, Jim Mcgovern

Articles

The principles of the use of 'combined heat and power' (CHP) for the achievement of fuel energy conservation, minimisation of environmental impact and economic advantage are explained. A distinction is made between the two types of outputs: heat and work. It is argued that an efficiency value that is defined as the sum of the heat and work outputs divided by the energy of the fuel used is not very meaningful. An alternative, rational, efficiency is explained. It is concluded that CHP is an option to be considered where both heating and power are required, but is not a general …


Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green Jun 1995

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …


Hugo Black Among Friends, Dennis J. Hutchinson May 1995

Hugo Black Among Friends, Dennis J. Hutchinson

Articles

No abstract provided.


Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky Apr 1995

Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky

Articles

No abstract provided.


Dublin Olympic Village Masterplan, Noel Brady, Richard Hurley Apr 1995

Dublin Olympic Village Masterplan, Noel Brady, Richard Hurley

Articles

Description of speculative urban masterplan for an olympic village in dublin docklands, joint research project between NJBA A+U and Richard Hurley & Assoicates


Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White Mar 1995

Reading One Poet In Light Of Another: Herbert And Frost, James Boyd White

Articles

In this paper I wish both to draw certain connections between Herbert and Frost and at the same time to say something in a general way about the process by which such connections can be made. It is with the latter question that I begin. Once the relation between two writers would have been thought of mainly in terms of "influence." And one might indeed argue that Herbert did have significant influence on Frost's poetic practice — if not directly, for Frost was not a great reader of Herbert, then indirectly, through Emerson, who was in many ways Frost's master …


Dephased Index And Gain Coupling In Distributed Feedback Lasers, David Cardimona, Mohinder Sharma, Vassilios Kovanis Jan 1995

Dephased Index And Gain Coupling In Distributed Feedback Lasers, David Cardimona, Mohinder Sharma, Vassilios Kovanis

Articles

In this paper, we study the reflection coefficient of a periodic Bragg reflecting structure in which there exists both an index-of-refraction grating as well as a gain grating. Most past studies have assumed that these two gratings were in phase with each other. In the present work we investigate the effects that arise when a phase shift is purposely introduced between the two gratings. We use a normal coupled-wave analysis to calculate the reflection coefficient as a function of the detuning away from the Bragg frequency when this grating phase difference is varied from 0 to 2π. We find particular …


Estimating The Impacts Of Restrictions On Utility Participation In The So2 Allowance Market, James Winebrake, Mark Bernstein, Alex E. Farrell Jan 1995

Estimating The Impacts Of Restrictions On Utility Participation In The So2 Allowance Market, James Winebrake, Mark Bernstein, Alex E. Farrell

Articles

There can be both direct and indirect restrictions on utility participation in the Clean Air Act S02 allowance-trading market. Using a dynamic, linear programming model to estimate the economic impacts of these restrictions, indications are that the restrictions are quite costly, and that any constraints on the free operation of an allowance market will increase the total costs of compliance.


Techniques For Digital Image Capture Of Watermarks, D. Stewart, Robert Scharf, Jonathan Arney Jan 1995

Techniques For Digital Image Capture Of Watermarks, D. Stewart, Robert Scharf, Jonathan Arney

Articles

No abstract provided.


Two Challenges For Feminist Thought, Richard A. Epstein Jan 1995

Two Challenges For Feminist Thought, Richard A. Epstein

Articles

No abstract provided.


The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell Jan 1995

The Originalist Case For Brown V. Board Of Education, Michael W. Mcconnell

Articles

No abstract provided.


Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein Jan 1995

Using Common Law Principles In Regulatory Schemes (With A Note On Victimology), Cass R. Sunstein

Articles

No abstract provided.


Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein Jan 1995

Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein

Articles

No abstract provided.


Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell Jan 1995

Remedies When Contracts Lack Consent: Autonomy And Institutional Competence, Richard Craswell

Articles

Autonomy-based theories hold that enforceable contracts require the knowing and voluntary consent of the parties. In defining "knowing" and "voluntary," however, autonomy theorists have paid little attention to the remedy that will be granted if consent is round to be lacking, or to the question of what obligations (if any) will be enforced in place of the unconsented-to contract. In this paper, I expand on Michael Trebilcock's argument that considerations of institutional competence-specifically, the relative ability of courts and private actors to craft acceptable substitute obligations-should sometimes play a key role in defining what counts as "knowing" and "voluntary" consent.