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World Trade, Intellectual Property, And The Global Elites: An Introduction, Peter K. Yu

Faculty Scholarship

Extract:

Traditionally, intellectual property lawmaking is a matter of domestic affairs. Without external interference, governments make value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. Combined together, these disparate judgments form an intellectual property system that is tailored to the country's level of wealth, economic structure, technological capability, political system, and cultural tradition.

To protect authors and inventors, governments sometimes need to make adjustments to their intellectual property systems in exchange for better protection abroad. In those scenarios, policymakers often evaluate the adjustments carefully to make sure that they correspond …

The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater

Political Science Faculty Publications

A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security official, …

Copyright Limitations And Contracts. An Analysis Of The Contractual Overridability Of Limitations On Copyright, Lucie Guibault

Articles, Book Chapters, & Popular Press

Traditional copyright law strikes a delicate balance between an author's control of original material and society's interest in the free flow of ideas, information, and commerce. In today's digitally networked environment, this balance has shifted dramatically to one side, as powerful rights holders contractually impose terms and conditions of use far beyond the bounds set by copyright law. This vitally significant book explores this conflict from its gestation through its current manifestations to its future lineaments and potential consequences. Focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard …

Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron

Articles, Book Chapters, & Popular Press

Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues, including the role and purpose of discovery, nature of the striking out remedy and extent to which the adversarial system might be to blame for some of the conduct of the defence and its solicitors - ethical issues raised in the case - close links between American and Australian tobacco litigation and the influence of American tobacco lawyers …

Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross

Faculty Scholarship

This Commentary reviews the recommendations of the Blue Ribbon Panel and, accepting the Report's perspective of advocating the long-term interests of baseball fans, identifies some important and positive contributions made by the Report. Next, some significant flaws and shortcomings are discussed. Finally, the Commentary suggests several practical reforms likely to improve competitive balance which plausibly could secure the support of t he various constituencies of the National Pastime.

Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven D. Hinckley

Faculty Scholarship

This article examines the inherent conflict between This article examines the inherent conflict between two Congressional approaches to public access to the Internet - the provision of federal funding support to schools and public libraries to ensure broad access to online information regardless of financial means, and federal restrictions on children's use of school and public library computers to access content that the government feels could be harmful to them. It analyzes the efficacy and constitutionality of the Children's Internet Protection Act (CIPA), Congress's attempt to use its powers of the purse to control objectionable online content in the very …

Suffolk University Beacon Yearbook, 2002, Suffolk University

Undergraduate Yearbooks

No abstract provided.

Reflections Upon Judicial Independence As We Approach The Bicentennial Of Marbury V. Madison: Safeguarding The Constitution's "Crown Jewel", Honorable Gerald E. Rosen, Kyle W. Harding

Fordham Urban Law Journal

This Article traces the history of judicial independence from the drafting of the Constitution and the Supreme Court's articulation of judicial review in Marbury v. Madison. It addresses the obstacles encountered during the ratification process and the reaction to the Marbury decision. The Article then summarizes the continued challenges to judicial independence, from President Roosevelt's "court-packing" plan to characterizations of judicial activism in Lochner v. New York. The Article concludes by warning that judges must remain vigilant against the impact of the highly partisan political process and the advent of powerful special interest groups.

The Walking Judge From Alabama, The Honorable Pamela Willis Baschab

Fordham Urban Law Journal

This anecdotal Article is the story of the Honorable Pamela Willis Baschab's campaign for Chief Justice of the Alabama Supreme Court. Judge Baschab, in an effort to speak out against the influence of special interest groups in the Alabama judicial system, walked from one end of Alabama to the other. She describes her progression through the Alabama legal system, her campaign trail (literally), and her experiences with different people along the way.

Preserving Judicial Independence: An Exegesis, Alfred P. Carlton, Jr.

Fordham Urban Law Journal

This Article covers the critical issue of judicial independence. The ABA's Commission on Separation of Powers and Judicial Independence issued a report that expressed concern over threats to judicial independence in the states. It poses a number of solutions, including campaign finance reform, non-partisan elections, and merit-based selection.

May Judges Attend Privately Funded Educational Programs? Should Judicial Education Be Privatized?: Questions Of Judicial Ethics And Policy, Bruce A. Green

Fordham Urban Law Journal

This Article addresses questions of judicial ethics raised by privately-funded judicial seminars and how they are answered by existing legal and ethical standards. It discusses the relevant restrictions and describes the courts' interpretations. The Article concludes that these interpretations are rooted in reasonable understandings of the current restrictions. It questions whether or not the current standards and processes are sufficient.

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny J. White

Fordham Urban Law Journal

This Article discusses judicial performance evaluations as a check on judicial independence. It covers numerous performance evaluation options for measuring accountability, such as bar and media polls, state judicial evaluation programs, and the ABA Guidelines for judicial performance. It discusses the pros and cons of these options. It concludes that the information provided by state judicial performance evaluations offers valuable insight into judicial criticisms and can give voters appropriate criteria to consider in judicial elections.

Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner

Fordham Urban Law Journal

This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.

From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero

Fordham Urban Law Journal

This Article traces the evolution of the Legal Services Corporation from its near destruction in the mid-1990's to it's current state as a thriving national bipartisan organization. It discusses the challenges brought by a conservative Congress. It explores the changes made by LSC in order to gain bipartisan support.

A Majority-Minority Nation: Racing The Population In The Twenty-First Century, John A. Powell

Fordham Urban Law Journal

This article explores the factors that affect the creation of racial classifications and how they are reflected in the Census categories, particularly in regard to the classification of Hispanics. The article argues that an increase in racial minorities will not solely stop white racial domination of political power structures because of entrenched racial policies and practices. To end this domination, racial minorities must organize and collaborate to take down these racially oppressive structures.

The Cra Implications Of Predatory Lending, Kathleen C. Engel, Patricia A. Mccoy

Fordham Urban Law Journal

This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.

Extremely Motivated: The Republican Party's March To The Right, Cliff Schecter

Fordham Urban Law Journal

This article tracks the evolution of the Republican party's shift from "a party of blue blood northeastern gentlemen to a party of southern agrarian populists" and its espousal of less moderate and more conservative positions over time. It considers what this means in the future for more moderate Republicans.

How Does The Community Feel About Problem-Solving Courts?, Michele Bertran, Mary Barr, Charles Grodin, Monroe Freedman, Jacqueline Nolan-Haley

Fordham Urban Law Journal

No abstract provided.

Therapeutic Jurisprudence, Neo-Rehabilitationism, And Judicial Collectivism: The Least Dangerous Branch Becomes The Most Dangerous, Morris Hoffman

Fordham Urban Law Journal

No abstract provided.

Religious Contributions To The Bioethics Debate: Utilizing Legal Rights While Avoiding Scientific Temptations, Steven Goldberg

Fordham Urban Law Journal

This Article explores the authors views on the place of religious debate concerning scientific issues. It outlines the author's concerns with religion becoming overshadowed by science, even within relgious communities, and his ideas on how religion may be brought to the forefront.

Glass Capillary Tube Feeding: A Method For Infecting Nymphal Ixodes Scapularis (Acari: Ixodidae) With The Lyme Disease Spirochete Borrelia Burgdorferi, Anne H. Broadwater, Daniel E. Sonenshine, Wayne L. Hynes, Shane Ceraul, Aravinda M. De Silva

Biological Sciences Faculty Publications

We evaluated an artificial capillary feeding method to infect nymphal Ixodes scapularis (Say) ticks with Borrelia burgdorferi, the causative agent of Lyme disease. Thirty to 70% of the nymphs were infected after feeding for 2.5 h from glass capillary tubes filled with a solution of spirochetes. Capillary infection was stable and persisted in the nymphs for at least 10 d after feeding. Capillary feeding also maintained natural vector competence patterns because I. scapularis ticks acquired infection unlike Dermacentor variablis (Say), which did not become infected. Capillary infected I. scapularis nymphs were capable of transmitting the infection to naive mice …

Projected National Demographic Changes And The Future Composition Of Higher Education's Student Body, Harold Hodgkinson

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

The Mermaid's Legs, The Artist's Hands, The Professor's Assumptions, Judith Beth Cohen

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Affirmative Action In Higher Education: The Impact Of Gender, Elsa Nuñez

Journal of Pedagogy, Pluralism, and Practice

While much has been written about the status of women within higher education in the faculty ranks and the presidency, there has been little research into the status of women in top administrative ranks. This paper examines gender-based hiring in academia by establishing the actual hiring trends for the top administrative positions in New England colleges and universities over a twelve-year period, 1989–2001. It attempts to understand the impact of Affirmative Action policy and the processes and procedures related to the policy on hiring trends during this period.

Data collected by the New England Association of Colleges and Universities were …

The Wounded Lion, Eleanor Roffman

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Private Ordering And Workers Rights In The Global Economy: Corporate Codes Of Conduct As A Regime Of Labour Market Regulation, Harry W. Arthurs

Articles & Book Chapters

New technologies, new patterns of consumption and production, new levels of intensity, magnitude, and volatility in the movement of people, information, and capital are transforming the global political economy. Many effects of this transformation become manifest in the domain of public policy, where parties across the political spectrum have embraced the nee-liberal agenda. That agenda has been characterized, perhaps hyperbolically, as the 'hollowing out of the state': fac ilitation of transnational business activity; reduction of corporate and personal taxes and cuts in public expenditures, especially on social welfare; deregulation of domestic markets. These developments in turn are weakening, perhaps fatally, …

Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare

Articles & Book Chapters

The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960s and 1970s, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …

Rethinking Sullivan: New Approaches In Australia, New Zealand And England, Susanna Frederick Fischer

Scholarly Articles

This Article employs a comparative analysis of some important recent Commonwealth libel cases to analyze what has gone wrong with U.S. defamation law since New York Times v. Sullivan and to suggest a new direction for its reform. In Lange v. Australian Broadcasting Corporation, Lange v. Atkinson, and Reynolds v. Times Newspapers, the highest courts of the Australian, New Zealand, and English legal systems were confronted with the same challenge faced by the U.S. Supreme Court in New York Times v. Sullivan. They had to decide the proper constitutional balance between protection of reputation and protection …

Front Matter, Prelaw Review

Brigham Young University Prelaw Review

No abstract provided.

The Ethical Foundations Of Blended Juvenile Sentencing, Matthew C. Jennejohn

Brigham Young University Prelaw Review

No abstract provided.