Digital Commons Network^™

Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala

Cardozo Journal of International and Comparative Law

The article examines the challenges indigenous peoples face in protecting their intangible cultural property, such as songs, legends, and ceremonies, under existing intellectual property (IP) and legal regimes. It argues that while indigenous claims for protection are legitimate, recognizing new IP rights may not be necessary or appropriate. Instead, the authors propose that existing legal frameworks, such as contract law, privacy, trade secret, and trademark law, could provide more effective and balanced solutions. They advocate for a nuanced approach that respects indigenous cultural heritage while maintaining compatibility with public domain interests and free expression.

Formulating An International Legal Protection For Genetic Resources, Traditional Knowledge And Folklore: Challenges For The Intellectual Property System, Weerawit Weeraworawit

Cardozo Journal of International and Comparative Law

The article argues that the current international intellectual property system, established by agreements such as the Paris Convention, Berne Convention, and TRIPS, is inadequate to address the protection of genetic resources, traditional knowledge, and folklore. These emerging global issues require a new international legal framework that balances the rights of communities with the demands of innovation and trade. The article emphasizes the need for a comprehensive and equitable regime, possibly through a sui generis system or modifications to existing IP laws, to address challenges such as biopiracy, benefit sharing, and communal rights.

Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing, Gerard Bodeker

Cardozo Journal of International and Comparative Law

The article argues that there is a significant conflict between the exploitation of traditional medical knowledge (TMK) by commercial entities and the efforts of indigenous communities to protect their knowledge. This conflict stems from the clash between the intellectual property (IP) system, which often favors corporate interests, and the rights of indigenous peoples to their traditional knowledge. The article highlights the need for equitable legal frameworks to address issues of ownership, benefit sharing, and prior informed consent, particularly in the context of international agreements like TRIPS and the CBD.

Some Realism About Indigenism, Michael H. Davis

Cardozo Journal of International and Comparative Law

The article argues that the debate over using intellectual property (IP) rights to protect indigenous information is misguided. It posits that the core issue is not legal but economic—specifically, the poverty of indigenous communities. The author contends that IP regimes, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), exacerbate inequality and are inadequate for addressing the unique concerns of indigenism, which are rooted in economic disparities rather than legal frameworks.

Owning Enlightenment: Proprietary Spirituality In The "New Age" Marketplace, Walter A. Effross

Buffalo Law Review

No abstract provided.

Softening Pharaoh's Heart: Harnessing Altruistic Theory And Behavioral Law And Economics To Rein In Executive Salaries, Michael B. Dorff

Buffalo Law Review

No abstract provided.

The Philosophy Of Dooyeweerd: A Transcendental Thomist Appraisal, Hugo A. Meynell

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

Moore’S Law: A Department Of Defense Perspective, Gerald M. Borsuk, Timothy Coffey

Defense Horizons

The past 50 years have seen enormous advances in electronics and the systems that depend upon or exploit them. The Department of Defense (DOD) has been an important driver in, and a profound beneficiary of, these advances, which have come so regularly that many observers expect them to continue indefinitely. However, as Jean de la Fontaine said, “In all matters one must consider the end.” A substantial literature debates the ultimate limits to progress in solid-state electronics as they apply to the current paradigm for silicon integrated circuit (IC) technology. The outcome of this debate will have a profound societal …

Fast And Space-Efficient Location Of Heavy Or Dense Segments In Run-Length Encoded Sequences, Ronald I. Greenberg

Computer Science: Faculty Publications and Other Works

This paper considers several variations of an optimization problem with potential applications in such areas as biomolecular sequence analysis and image processing. Given a sequence of items, each with a weight and a length, the goal is to find a subsequence of consecutive items of optimal value, where value is either total weight or total weight divided by total length. There may also be a specified lower and/or upper bound on the acceptable length of subsequences. This paper shows that all the variations of the problem are solvable in linear time and space even with non-uniform item lengths and divisible …

Using Reconstructability Analysis To Select Input Variables For Artificial Neural Networks, Stephen Shervais, Martin Zwick

Complex Systems Faculty Publications and Presentations

We demonstrate the use of Reconstructability Analysis to reduce the number of input variables for a neural network. Using the heart disease dataset we reduce the number of independent variables from 13 to two, while providing results that are statistically indistinguishable from those of NNs using the full variable set. We also demonstrate that rule lookup tables obtained directly from the data for the RA models are almost as effective as NNs trained on model variables.

Inside Earth, Volume 6, No. 1, Summer 2003, Ronal C. Kerbo, Cave And Karst Program (U.S.)

Inside Earth

Contents: Thanks to Dale Pate -- Dust Deposition along the Candlelight Tour Wind Cave National Park -- Park Updates -- National Cave Karst Research Institute Update -- Contributors to this Issue

Weeds, Seeds & Deeds: Recent Skirmishes In The Seed Wars, Keith Aoki

Cardozo Journal of International and Comparative Law

The article examines the commodification of seed germplasm, tracing its evolution through technological advancements and legal frameworks that have transformed seeds from a shared resource into a corporate-controlled commodity. It critiques how intellectual property laws, particularly patent protections, have prioritized corporate interests over traditional farming practices and biodiversity. The analysis highlights the tension between private property rights and the commons, advocating for a balanced approach that considers both intellectual property and the preservation of genetic diversity.

Acquisition And Deacquisition Of Museum Collections And The Fiduciary Obligations Of Museums To The Public, Patty Gerstenblith

Cardozo Journal of International and Comparative Law

The article examines the legal and ethical implications of museums' restitution of stolen or looted cultural artifacts, arguing that such restitutions do not violate fiduciary obligations but highlight the importance of proper acquisition and deaccessioning policies. It emphasizes that museums, as nonprofit entities, must balance their educational mission with legal and ethical duties, ensuring transparency and accountability in managing cultural heritage.

Reflections On The Traditional Knowledge Debate, Shubha Ghosh

Cardozo Journal of International and Comparative Law

The article argues that the traditional knowledge debate is a continuation of historical tensions between the Global North and South, centered on ownership and control of resources. These tensions manifest in intellectual property (IP) law, particularly in the clash between market culture and communitarian, gift-based cultures. The author emphasizes that while IP law is often seen as a tool for commodification, it can also serve strategic purposes, such as fostering domestic industry and promoting sovereignty, especially through the flexible framework provided by the TRIPS Agreement.

Intellectual Property, Genetic Resources And Traditional Knowledge Protection: Thinking Globally, Acting Locally, Charles R. Mcmanis

Cardozo Journal of International and Comparative Law

The article explores the tension between global intellectual property rights and the preservation of biodiversity and traditional knowledge, highlighting the conflict between developed and developing nations. It discusses efforts to balance these interests through international agreements like TRIPS and CBD, and presents the ICBG-Peru project as a successful local model for fair benefit-sharing and traditional knowledge protection.

The Protection Of Folklore, Silke Von Lewinski

Cardozo Journal of International and Comparative Law

The article examines the challenges of protecting folklore under existing intellectual property laws, highlighting the limitations of current legal frameworks and advocating for a new international system that balances the rights of indigenous communities with the demands of commercial exploitation. It emphasizes the need for a comprehensive approach that considers the cultural, financial, and integrity interests of indigenous peoples, while addressing the historical failures of international efforts to establish effective protection for folklore.

Evaluating Shootgro 4.0 As A Potential Winter Wheat Management Tool In The Czech Republic, Z. Zalud, G.S. Mcmaster, Wallace Wilhelm

Department of Agronomy and Horticulture: Faculty Publications

Improving current cultural practices often involves more precise timing of the management activity based on crop development. Using crop simulation models to predict crop development and phenology has several problems. First, most existing models do not simulate sufficient developmental and phenological detail required to optimize selected management practices. Second, crop models normally emphasize the cultivars and conditions for the region in which they were developed, and may not generate satisfactory results when applied in new regions. Lastly, when users apply these models to new regions they often lack the specific data and knowledge of the model to adequately determine the …

Preservice Professional Employment Portfolios For Middle Schools, Roberta Devlin-Scherer

Essays in Education

The thoughtful thematic presentation of artifacts or exhibits can visually represent preservice teacher candidates’ experiences as they grow into the teaching role. The literature on professional portfolios in teacher education has refined its expectations and the advent of electronic possibilities offer teacher education students varied ways to present their accomplishments. This article considers ways to incorporate the trends in middle level education to a professional portfolio and suggests guidelines and sources.

Communicator, Summer 2003, Wnec Alumni Association

Alumni Magazines

No abstract provided.

Nbc Peacock North Summer 2003, Peacock North Staff

NBC Peacock North Newsletter

Highlights include: NBC Warfare -- Brinkley Tribute -- Looking Back -- Spring Luncheon Pictures -- New Members

Prediction Of 1976 Diabetes Incidence From 1960 Animal Product Consumption Among California Seventh-Day Adventists, Arnold Vang

Loma Linda University Electronic Theses, Dissertations & Projects

The prevalence of diagnosed and undiagnosed diabetes in the US has been estimated at more than 16 million individuals (King, 1998). This has led to research into lifestyle practices (Astrup, 2001; Touomilehto, 2001), which has identified several of primary prevention. High fat diet and type 2 diabetes has been attributed to the wellareas known mechanisms of hyperglycemia, hyperinsulinaemia and insulin resistance (Ferrannini, 1999; Reaven, 1988).

We examined the association between all animal product consumption, specific animal product consumption and diabetes incidence among California Seventh-day Adventists who were cohort members of the Adventist Mortality Study (Kahn, 1984) and the Adventist Health …

President's Column, Dan Ingersoll

Southern Anthropologist

No abstract provided.

Developing Approaches To Reduce Wildlife Damage To Forest Resources, Dale L. Nolte

United States Department of Agriculture Wildlife Services: Staff Publications

Wildlife impacts on forest resources can be extensive. Although damage is generally considered in terms of reduced productivity or delayed harvest cycles, attempts to replace trees after a harvest or a fire can fail because of foraging wildlife. Wildlife, particularly mammalian herbivores, can impede attempts to establish native plants to increase forest diversity, improve riparian areas, re-vegetate disturbed sites, restore endangered or threatened plants, or to create or improve habitat for wildlife. Foraging wildlife can be extremely detrimental if animals browse on plants before seedlings are well established, or if foraging is continuous or intense. Native plant projects are often …

Developing Strategies To Alleviate Wildlife Damage To Forest Resources, Dale L. Nolte

United States Department of Agriculture Wildlife Services: Staff Publications

Does the presence of wildlife always pose a problem when reforesting a site? Not necessarily. However, the potential impacts of wildlife need to be considered. The intensity or severity of impacts caused by wildlife will reflect the species and density of animals present, along with existing habitat conditions. Whether these impacts create a problem depends on the objectives of the producer and the resources available to achieve the original goal. Wildlife will not be a problem for projects with unlimited resources and time. The repeated plant and replant methods will ultimately lead to some form of success. However, wildlife can …

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Pineywoods Native Plant Center, July 2003, Sfa Gardens, Stephen F. Austin State University

SFA Gardens Newsletters

No abstract provided.

Bumble Boosters: Doing Science As A Community Of Learners, Douglas A. Golick, Marion D. Ellis

Department of Entomology: Faculty Publications

Bumble bees are an excellent organism for engaging high school students in research. They are a recognizable insect and an important pollinator, and much remains to be discovered about the biology of many species. Bumble Boosters was a teaching and research project funded by the Nebraska Lottery’s Educational Innovation Fund. The project began in June 1999 and ended in June 2002.

Neiu Magazine- Summer 2003, Neiu Magazine Staff

NEIU Magazine

No abstract provided.

Preemptive Action: When, How, And To What Effect?, M. Elaine Bunn

Strategic Forums

This Strategic Forum paper examines the Bush administration’s evolving concept of preemptive action in the post-9/11 security environment. It analyzes the strategic rationale behind the emphasis on preemption—particularly concerns about rogue states, terrorism, and weapons of mass destruction (WMD)—and distinguishes between preemptive and preventive uses of force. The author explores historical precedents, legal and ethical considerations, operational requirements, and the potential military and political consequences of preemptive action. The paper argues that while preemption remains a legitimate option in extreme circumstances, especially where WMD threats are imminent, its application requires careful evaluation of intelligence reliability, proportionality, alliance cohesion, and long-term …

On David Koplow's Smallpox: The Fight To Eradicate A Global Scourge, Lisa Donovan, David Alan Sapp

Reconstruction: Studies in Contemporary Culture

[First paragraph]

The world is free from the variola virus, more commonly known to us as the virus responsible for smallpox -- or at least it is almost free from it. Since the World Health Organization's (WHO) successful eradication campaign ended officially on December 9, 1979, smallpox no longer exists in its natural state, yet it does remain in securely isolated freezers in two locations: the Centers for Disease Control and Prevention facility in Atlanta, Georgia, and the Russian State Research Center of Virology and Biotechnology near Novosibirsk. In Smallpox: The Fight to Eradicate a Global Scourge, David Koplow …