Digital Commons Network^™

Colonizing Humanity, Kunal Parker

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No abstract provided.

Copyright In Teams, Anthony J. Casey, Andres Sawicki

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Dozens of people worked together to produce Casablanca. But a single person working alone wrote The Sound and the Fury. While almost all films are produced by large collaborations, no great novel ever resulted from the work of a team. Why does the frequency and success of collaborative creative production vary across art forms?

The answer lies in significant part at the intersection of intellectual property law and the theory of the firm. Existing analyses in this area often focus on patent law and look almost exclusively to a property-rights theory of the firm. The implications of organizational …

Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer

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The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock

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Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock

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Balkan Ghosts, Patrick O. Gudridge

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Doing The Math (And The English) In The Windfall Tax Cases, Stanley I. Langbein

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The Tools Of Political Dissent: A First Amendment Guide To Fun Registries, Thomas E. Kadri

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Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh

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This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson

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No abstract provided.

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

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Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …

Copyright Freeconomics, John M. Newman

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Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.

This sea change has ushered in an era …

From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine

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Romancing The Stone Age: John Updike's "Wife-Wooing" And The Naturally Occurring Nuclear Family, Sue Norton

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Critique Of Money Judgment Part Three: Restraining Notices, David G. Carlson

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New York is virtually unique in permitting lawyers to issue court orders restraining debtors and third parties from conveying away any assets that could be used to satisfy a money judgment. In effect, these orders command the recipient to do nothing, whereas a turnover or garnishment orders the recipient to do something — pay the creditor or sheriff or surrender illiquid property to the sheriff. The weakness and strength of this debt collection tool is assessed at length. The Article also analyzes in detail New York’s Exempt Income Protection Act, enacted in 2008 to force banks to protect the exempt …

Where Corporations Are: Why Casual Visits To New York Are Bad For Business, Jeanne L. Schroeder, David G. Carlson

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In this article, we examine the recent case of Hotel 71 Mezz Lender LLC v. Falor (2010), from the New York Court of Appeals. In this case, New York’s highest court held that LLCs are “present” in New York for jurisdictional purposes when the president of the LLC has submitted to New York jurisdiction in an unrelated law suit against him personally, and where the president came to New York for a deposition in that action. This, we claim, was unconstitutional. In addition, the New York Court of Appeals pronounced itself obliged by the United States Constitution to change the …

Rules Or Standards For Intestate Succession?, Stewart E. Sterk

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The Constitutionality Of Consumer Privacy Regulation, Felix T. Wu

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The article argues for enhanced consumer privacy protections through improved notices and restrictions on data sharing, while addressing potential First Amendment concerns by emphasizing the commercial nature of the entities involved. It suggests that regulating commercial data practices differs from restricting individual free speech and should not face the same legal hurdles.

Effect Precedes Cause: Kant And The Self-In-Itself, David G. Carlson

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This article describes the metaphysics of Kant, according to which we never know the Thing In Itself but only the appearance of it. When applied to selfhood (which is a “thing”), Kant implies that we never know what motivates us to do what we do. Our reasons are after-the-fact apologies to justify our acts. For that reason the “cause” of our deed always (that is to say, our reasons) follows the deed itself. Effect precedes cause, on Kantian metaphysics.

The Critique Of Judgment: Introduction, Angelica Nuzzo, David G. Carlson

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Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie

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Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López

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Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López

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The Benefits Of Mindfulness For Litigators, Jan L. Jacobowitz

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A Microfluidic Anti-Factor Xa Assay Device For Point-Of-Care Monitoring Of Anticoagulation Therapy, Leanne F. Harris, Paul Rainey, Vanessa Castro-Lopez, James S. O'Donnell, Anthony J. Killard

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The development of new point-of-care coagulation assay devices is necessary due to the increasing number of patients requiring long-term anticoagulation in addition to the desire for appropriate, targeted anticoagulant therapy and a more rapid response to optimization of treatment. However, the majority of point-of-care devices currently available for hemostasis testing rely on clot-based endpoints which are variable and unreliable and are limited to measuring only certain portions of the coagulation pathway. There is a need for the introduction of point-of-care devices that can execute a broader range of tests; for example, the diagnosis of factor-specific diseases, as well as more …

Exploring Supports Provided For Student Eportfolio Development In A Professional Development Context, Muireann Okeeffe

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This small scale study aimed to explore and establish if support strategies implemented to enhance student ePortfolios were helpful to students and to identify useful ways of supporting ePortfolio development with future cohorts of students. This action research study was informed through focus group discussion and individual interviews with students.

The importance of reflection for the development professional practice and of creative abilities is discussed. The substantial benefits of creativity within education are investigated and characteristics of creativity that might be developed with students’ ePortfolios are revealed. Specifically this paper seeks to foster Crafts (2011) four characteristics of creativity, pluralities, …

Supporting Professionalism In Educational Development In Irish Higher Education, Muireann Okeeffe

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Higher education, in Ireland and globally, is undergoing profound change influenced by a variety of factors. In conjunction with these changes many initiatives to improve teaching and learning and the quality of graduates in higher education have been introduced in recent years. The changes and expansions in the sector has enabled growth of new roles in higher education described as ‘third space’ professionals by Whitchurch (2008).

This paper describes the struggle of those in third space professions, such as academic development, to establish a professional identity in higher education. The benefits of these contemporary roles to higher education are …

Predicting Stock Market Using Online Communities Raw Web Traffic Streams, Pierpaolo Dondio

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This paper investigates the predictive power of online communities traffic in regard to stock prices. Using the largest dataset to date, spanning 8 years and almost the complete set of SP500 stocks, we analyze the predictive power of raw unstructured traffic by filtering stock daily returns with traffic features. Our results partially challenge the assumption that raw traffic simply trails stock prices, as expected from a noisy signal without the sentiment direction. Raw traffic is shown to predict prices with statistical significance but with small economic impact. Anyway, this impact rises to moderate under the following conditions: 3 to 7 …

Required Features Of A Virtual Classroom Tool For Use In Higher Education, Arnold Hensman

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The integration of virtual-classroom systems into the arsenal of e-learning tools represents a major evolution in the landscape of modern distance education. For many courses, standard virtual learning environments (VLEs) provide only a foundation upon which to base a distance learning programme. However, synchronous live online-teaching software such as Microsoft Office Communicator and Adobe Connect allow educators to simulate a real-time classroom environment over the internet like never before. Since these tools are being used more and more within higher education, questions must be asked about how effective they ultimately can be in meeting student learning requirements. More importantly, what …

Comments On Law And Versteeg's 'The Declining Influence Of The United States Constitution', Tom Ginsburg, Zachary Elkins, James Melton

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No abstract provided.