Digital Commons Network^™

Authentication And Authorisation In Entrusted Unions, Ayed F. Dhouha, Jan Camenisch, Tanya Ignatenko, Michael N. Johnstone, Paul Koster, Brigitta Lange, Milan Petkovic, Dieter Sommer, John Zic

Australian Information Security Management Conference

This paper reports on the status of a project whose aim is to implement and demonstrate in a real-life environment an integrated eAuthentication and eAuthorisation framework to enable trusted collaborations and delivery of services across different organisational/governmental jurisdictions. This aim will be achieved by designing a framework with assurance of claims, trust indicators, policy enforcement mechanisms and processing under encryption to address the security and confidentiality requirements of large distributed infrastructures. The framework supports collaborative secure distributed storage, secure data processing and management in both the cloud and offline scenarios and is intended to be deployed and tested in two …

Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This Article examines the psychosocial processes of risk construction and explores how these processes intersect with core principles of Anglo-American law. It does so by critiquing current cultural and legal perceptions that mothers, especially pregnant women, pose a risk to their children’s health. The Article’s core argument is that during the last four decades, both American society and American law have increasingly come to view mothers as a primary source of risk to children. This intense focus on the threat of maternal harm ignores significant environmental sources of injury, including fathers and other men, as well as exposure to toxic …

Contesting Disclaimer-Of-Reliance Clauses By Efficiency, Free Will, And Conscience: Staving Off Caveat Emptor, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article hopes to make evident two trends seemingly in conflict. The first trend is toward raising the standards of probity and veridicality in contractual relations toward greater accountability and liability on market actors operating outside traditional bounds. The first is expressed by new rules that: require good faith and fair dealing between parties; ensure sellers are obligated to disclose material facts about a property otherwise unavailable to buyers; and make wrongdoing parties liable to non-parties who foreseeably relied on the wrongdoers' contractual undertakings. This trend promises to avert injury, achieve efficiency, and seems to accord with society's evolving notions …

Horton The Elephant Interprets The Federal Rules Of Civil Procedure: How The Federal Courts Sometimes Do And Always Should Understand Them, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

In Shady Grove, the Court considered whether a federal class action was maintainable in a diversity case where state law forbade class actions. The justices were sharply split into shifting majorities. One majority concluded that Rule 23 was not substantive for REA purposes and that it applied, but its members could not agree on why. Four justices thought it was proper to look only at the Federal Rule in question to see whether it addressed substance or procedure on its face. A different majority supported an approach to REA questions that required evaluating state law to determine whether the Federal …

Perspectives Volume 1: Number 1, Winter 2014, College Of Health Care Sciences

Perspectives

No abstract provided.

No Entry To The Public Lands: Towards A Theory Of A Public Trust Servitude For A Way Over Abutting Private Land, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article explores the problem of inadequate access and why owners of private property abutting public lands cannot fence out the public if their sole or primary purpose is to deny access to public land. The reasons why such landowners should not be allowed to put up fences, even on their own land, if the effect is to hinder the public's access to public land are several. First, it is opportunistic and unjustly interferes with citizens' ability to enjoy the interest they hold in public lands. Second, it denies citizens access rights rooted in the common law. Third, and perhaps …

Intellectual Property And Public Health - A White Paper, Ryan Vacca

Faculty Publications

On October 26, 2012, The University of Akron School of Law's Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants, and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Food For Thought: Genetically Modified Seeds As De Facto Standard-Essential Patents, Ryan Vacca, Benjamin M. Cole, Brent J. Horton

Faculty Publications

For several years, courts have improperly calculated damages in cases involving the unlicensed use of genetically modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent's status as a de facto standard-essential patent. To be classified as a de facto standard-essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, (2) impracticability, …

Catalog (2014-2015), Philadelphia College Of Osteopathic Medicine

Catalogs

A snapshot of the PCOM curriculum through the decades.

South Dakota State University Undergraduate General Catalog 2014-2015, South Dakota State University

South Dakota State University Catalogs and Bulletins: 1935 to present

No abstract provided.

State Constitutional Restrictions On Special Legislation As Structural Restraints, Anthony Schutz

Journal of Legislation

No abstract provided.

Undergraduate And Graduate Course Descriptions, 2014 Spring, Wright State University

Course Descriptions

Wright State University undergraduate and graduate course descriptions from Spring 2014.

From Reaction To Agency: A 'Subaltern' Response To William Twining's Globalisation And Legal Scholarship, Basil E. Ugochukwu

Osgoode Legal Studies Research Paper Series

In this essay, it is contended that by welcoming a cosmopolitan discipline of law that encompasses 'all levels of social relations and legal orderings' (both dominant and peripheral) as well as by suggesting that the intellectual heritage of Western jurisprudence be adapted 'to the new predicament of global law', William Twining offers a platform to the world’s marginalized legal systems and formations to assert their relevance in the advancement of legal theory. In developing this argument, I will first examine what opportunities exist within Twining’s theorizing to reclaim and de-marginalize non-Western understandings of the law and its social value within …

The Artificial Medium Laws Theory, Nachshon Goltz

Osgoode Legal Studies Research Paper Series

This paper articulates the Artificial Medium Laws Theory. The theory is comprised of Perceived Psychological Dimensions, namely: sound, picture, moving picture, time and interaction. These dimensions are the building blocks of the theory’s five laws: 1) The Truth in the Medium is Context Dependent, 2) The Stronger Dimension Prevails, 3) Medium with Time Dimension Determines its Usage Length, 4) The More Dimensions the Medium Poses the Weaker the User’s Imagination, and 5) The User is Bound to All the Laws. The theory seeks to explain the artificial medium influence on human users and to suggest potential implications.

Constitutional Principles In Substantive Criminal Law, Benjamin L. Berger

Osgoode Legal Studies Research Paper Series

Since Milsom’s famous dismissal of the “miserable history of crime in England,” criminal law has undergone a revolution in constitutional significance. The rise of rights constitutionalism as the heart of the modern liberal rule of law has given criminal law a new life in which it is subject to substantial justice-based innovation through appeal to the internal and basic norms of the legal system itself. Far from the marginal and exceptional status once ascribed to it by Milsom, this chapter argues that criminal law is now best understood and approached as a species of constitutional reflection. Substantive criminal law has …

The Virtues Of Law In The Politics Of Religious Freedom, Benjamin L. Berger

Osgoode Legal Studies Research Paper Series

The moral force and capacity for inspiration of both religion and politics alike arise in part from the sense that they authentically map the world as we find it, yielding claims about how it should be. This paper asks what role we might imagine for law in this “hyper-real” world of religion and politics, arguing that law can display distinctive virtues linked to its capacity for strategic agnosticism about the real. Applying Sunstein’s idea of “incompletely theorized agreements” to the politics of religious freedom, the paper examines the role of law as a tool of adhesion in two very different …

Touching Torture With A Ten Foot Pole, Craig Forcese

Osgoode Legal Studies Research Paper Series

In 2011, then-Public Safety Minister Vic Toews issued “ministerial directions” to Canada’s key security and intelligence agencies on “information sharing with foreign entities”. These directions permit information sharing in exigent circumstances, even “when doing so may give rise to a substantial risk of mistreatment of an individual”. The directions prompted a brief chorus of condemnation. They have since sunk into relative obscurity, remaining part of the Canada’s national security policy framework. And yet, in trying to walk the fine line between principle and realism in the administration of Canada’s approach to torture, they continue to raise pressing moral and legal …

Charter Values And Administrative Justice, Lorne Sossin, Mark Friedman

Osgoode Legal Studies Research Paper Series

What would the Charter of Rights and Freedoms have looked like if it had been designed for administrative justice? This is a question underlying this study. Ever since the Canadian Supreme Court made clear in Slaight Communications that discretionary decisions of public officials were to be subject to the Charter of Rights and Freedoms, and expanded the reach of the Charter to most adjudicative tribunals, the Court has wrestled with the coherence of the relationship between the Charter and administrative justice. The Court attempted to synthesize its position and chart a new path forward beyond a traditional application of the …

The Rise Of Transnational Private Meta-Regulators, Paul Verbruggen, Tetty Havinga

Osgoode Legal Studies Research Paper Series

In recent years scholars from various disciplines have turned their attention to transnational regimes of regulation that are chiefly developed outside state-driven frameworks. The rise of such “transnational private regulation” has also led to the emergence of private meta-regulation. The term ‘meta-regulation’ commonly refers to processes through which a regulatory body oversees another and sets standards for its activities or performance of regulation. In the public domain, meta-regulation has been associated with the devolution of regulatory activities by a statutory body to private actors with the view to enhance voluntary rule compliance, awareness of responsibilities among the regulated and reduce …

The 'Majestic Equality' Of The Law: Why Constitutional Strategies Do Not Produce Equality, Harry W. Arthurs

Osgoode Legal Studies Research Paper Series

Epidemiological studies have demonstrated that as one descends the socio-economic gradient, people suffer worse health outcomes and die sooner. While no single comprehensive epidemiological study has established a similar link between economic or social inequality, on the one hand, and the overall quality of citizenship on the other, it would not be surprising to learn that inequality correlates closely with the denigration or denial of legal and political rights. Considerable recent research suggests that the advanced economies are becoming more unequal, that the gradient I have described is becoming steeper and steeper. Consequently, we can expect that the distribution of …

Criminalization Of Polygamy In Canada: Historical, Legal And Sociological Analysis, Washi Ahmed

Osgoode Legal Studies Research Paper Series

The Canadian Criminal Code criminalizes the act of polygamy pursuant to s.290, and bigamy (another act which is similar to polygamy) pursuant to s.293 under the assumption that such practices have an adverse impact on women and children. However, the history of the criminalization of polygamy in Canada suggests that it was enacted deliberately to marginalize a particular minority group. This paper is divided into four chapters. Chapter I discusses the historical background of polygamy and indicates that the criminalization of polygamy in Canada was an adoption of the American legal approach to Mormonism. Chapter II analyzes the provisions of …

The Rights We Share: From Rights To Reasons, And Back Again, John J. Wilson

Osgoode Legal Studies Research Paper Series

In this paper, I argue that the contemporary human rights literature would benefit from a shift in focus. Recent accounts of the source and status of human rights have been preoccupied with locating -- or failing to locate -- those fundamental features of persons which would provide a universal grounding for what we call 'human rights.' These accounts have found limited success. Here, I suggest that we ought to move our attention away from the features of rational agents, acting individually or collectively, to the tools with which they are actually acting. That is, we need to fully understand the …

What Is Access To Justice?, Trevor C. W. Farrow

Osgoode Legal Studies Research Paper Series

Access to justice is the most pressing justice issue today. It has recently and very quickly become the major focus of attention of essentially all stakeholders in the legal community – governments, regulators, judges, bar associations, researchers and educators. And it needs also to become an increasing topic of attention for those who use the system – the public. But with all of this new attention, do we really know what we are talking about? What does the phrase "access to justice" mean, particularly from the perspective of the public? Primarily through a series of qualitative interviews, this study looks …

Too Fat For Society? William Bogart And 'Regulating Obesity? Government, Society And Questions Of Health', Sas Ansari

Osgoode Legal Studies Research Paper Series

Law has a long history of regulating vices, however perceived or defined. Regulation of gambling, consumption of alcohol, and smoking are some examples of vices where recourse to legal regulation has and continues to happen. Obesity, fatness, and external physical appearance of persons is a "vice" that is increasingly under social and regulatory scrutiny. Professor Bogart looks at the role and effectiveness of law in promoting, encouraging, and achieving positive health outcomes for individuals. In doing so, he tackles the simple but improper and ineffective foci of regulation - individuals body weight, body size, and outward appearance. The lessons and …

The Protection Of The Rights Of Homosexuals Under The International Law Of Human Rights: European Perspectives, Philip Girard

Osgoode Legal Studies Research Paper Series

The Parliamentary Committee on Equality Rights heard a number of submissions from various groups urging the amendment of the Canadian Human Rights Act to include "sexual orientation" as a prohibited ground of discrimination, and amendment of the Charter itself to rectify the lack of specificity on the topic in the enumeration of equality rights contained in section 15. This article provides a comparative perspective by examining the rights of homosexuals under the international law of human rights. Particular attention is paid to the experience under the European Convention on Human Rights.

A Connection Of Central Significance: Sufficient Occupancy And Aboriginal Title, John J. Wilson

Osgoode Legal Studies Research Paper Series

This paper is an extended commentary on a recent British Columbia Court of Appeal Decision, William v British Columbia, 2012 BCCA 285. It rehearses and critiques the central debate between the appellant and respondent regarding the quality or character of physical occupation necessary to successfully ground an Aboriginal title claim under section 35 of the Constitution Act, 1982. Ultimately, it argues that the Court of Appeal erred in its endorsement of a "site-specific" understanding of sufficient occupancy, and further, that the central debate itself is orthogonal to the true concern underlying the occupancy requirement. It concludes with an alternative test …

General Jurisprudence, Empirical Legal Theory, Epistemic Fruit, And The Ontology Of ‘Law’: Scope, Scepticism, Demarcation, Artefacts, Hermeneutic Concepts, Normativity And Natural Kinds, John Mckay

Osgoode Legal Studies Research Paper Series

Positivist and natural law theories are interested in answers to different questions, and are mostly compatible. But positivists and empirical legal theorists (ELTs) each claim to offer a genuinely descriptive account of law, and a better position from which to criticize real world legal institutions. They deploy different heuristics, primarily in the guise of points of view (internal vs external), which betray differing commitments to offering a descriptive account of law, and to the separation thesis. They also have different ideas about the nature of the object in question and consequently how it might be known. For positivists law is …

The Comprador Complex: Africa's Iprs Elite, Neo-Colonialism And The Enduring Control Of African Iprs Agenda By External Interests, Ikechi Mgbeoji

Osgoode Legal Studies Research Paper Series

Intellectual property rights (IPR) concern that branch of law dealing with the regulation of the creation, protection, ownership, transfer, use, and access to intangible and tangible creations of the human mind. From its modest origins in trademarks, IPRs today traverse the gamut of copyright, patents, industrial designs, trade secrets, integrated circuits and topography, plant breeders’ rights, geographic indications, and other emerging categories of IPR including folklore. The vast majority of countries across the world have IPR laws on their statute books. Beyond statutory provisions, states have also created administrative and institutional organs to deal with the manifold aspects of IPR. …

Reviews Of Thunder: A Film About Ferron, Sarabah, And The Punk Singer: A Film About Kathleen Hanna, Sarah Dougher

University Studies Faculty Publications and Presentations

Sarah Dougher reviews three films in this issue of Films for the Feminist Classroom: Thunder: A Film about Ferron. Directed by Bitch and Billie Jo Cavallaro; Sarabah. Directed by Maria Luisa Gambale & Gloria Bremer; and The Punk Singer: A Film About Kathleen Hanna. Directed by Sini Anderson.

In Dog We Trust: The Relation Between Pet Ownership And Interpersonal Trust, Rebecca Wucker

Theses & ETDs

Previous studies have found numerous associations between pet ownership throughout the human lifespan and mental and physical benefits. The current study explored the potential relation between pet ownership and interpersonal trust and trustworthiness. One-hundred and twenty-three participants took an online survey that measured trust, trustworthiness, features of an attachment figure for pet, close friend, and parent/guardian, current and previous pet ownership, and demographics. All but two of the participants had a pet in childhood, while 78 participants had pets currently. Participants with pets currently were significantly more trustworthy and slightly more trusting than participants without pets currently, indicating that current …