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2017

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The Trade System And Climate Action: Ways Forward Under The Paris Agreement, Susanne Droege, Harro Van Asselt, Kasturi Das, Michael Mehling Jan 2017

The Trade System And Climate Action: Ways Forward Under The Paris Agreement, Susanne Droege, Harro Van Asselt, Kasturi Das, Michael Mehling

South Carolina Journal of International Law and Business

No abstract provided.


The Battle Over Stockholders Voice: A Critique Of Agar V. Judy And The Standard Of Review Problem In Manipulation Of Stockholders’ First Amendment Rights, Yair Y. Even-Tal Jan 2017

The Battle Over Stockholders Voice: A Critique Of Agar V. Judy And The Standard Of Review Problem In Manipulation Of Stockholders’ First Amendment Rights, Yair Y. Even-Tal

South Carolina Journal of International Law and Business

No abstract provided.


Oriental Experience Of Combining Arbitration With Conciliation: New Development Of Cietac And Chinese Judicial Practice, Christine Kang Jan 2017

Oriental Experience Of Combining Arbitration With Conciliation: New Development Of Cietac And Chinese Judicial Practice, Christine Kang

Fordham International Law Journal

No abstract provided.


The International Task Force On Mixed Mode Dispute Resolution: Exploring The Interplay Between Mediation, Evaluation And Arbitration In Commercial Cases, Thomas J. Stipanowich, Véronique Fraser Jan 2017

The International Task Force On Mixed Mode Dispute Resolution: Exploring The Interplay Between Mediation, Evaluation And Arbitration In Commercial Cases, Thomas J. Stipanowich, Véronique Fraser

Fordham International Law Journal

No abstract provided.


The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand Jan 2017

The Concept Of Democracy And The European Convention On Human Rights, Joseph Zand

University of Baltimore Journal of International Law

The European Convention on Human Rights, for the most part, guarantees civil and political rights. It is a unique international instrument that provides what is widely regarded as the most effective trans-national judicial process for complaints brought by citizens and organizations against their respective governments.The aim of this article is to contribute to the continuing debate on the notion of democracy according to the European Convention on Human Rights. Not only has the Convention been a standard-setter in Europe, but it is also a source of inspiration in promotion of democracy and democratic values for other regions of the world. …


The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri Jan 2017

The Ethics Of The International Display Of Fashion In The Museum, Felicia Caponigri

Case Western Reserve Journal of International Law

First, the article engages with the crucial question of how fashion is cultural heritage, or, at least, how fashion can be considered a part of the ICOM Code’s definition of heritage, and therefore within the scope of the minimum ethical standards it sets forth for its members and potentially for museums at large. Second, the article presents the ICOM Code, contextualizing it within the ICOM’s framework as a nongovernmental international public interest organization, and examines how the ICOM Code is a source of general principles of international law. As part of this section, the article also highlights how one of …


Nazi-Looted Art: Preserving A Legacy, Alyssa R. Bickford Jan 2017

Nazi-Looted Art: Preserving A Legacy, Alyssa R. Bickford

Case Western Reserve Journal of International Law

In the 2014 case of Meyer v. Bd. of Regents of the Univ. of Okla., victims of looting asked a court to resolve ownership of a piece of artwork that the Nazis had looted, and was sold several times, and ultimately donated to the University of Oklahoma. This case provides just one example of the issues facing claimants, museums, and courts regarding Nazi-looted art. Although this case reached a settlement, the lack of consistency and uniformity in this area of the law necessitates stronger guidelines to protect the competing interests of claimants and museums to the disputed pieces of art. …


The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson Jan 2017

The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson

Case Western Reserve Journal of International Law

[T]o shed some light on the uncertainty that continues to surround The Night Café’s rightful ownership. Unfortunately, the Second Circuit Court of Appeals’ unpublished ruling, issued on October 20, 2015, that only adds to that uncertainty.


Falling Short For Labor: Why The Trans-Pacific Partnership Does Not Do Enough For Workers' Rights, And Evaluating Better Options, Judd Cohen Jan 2017

Falling Short For Labor: Why The Trans-Pacific Partnership Does Not Do Enough For Workers' Rights, And Evaluating Better Options, Judd Cohen

Case Western Reserve Journal of International Law

Using free trade agreements to increase labor standards in developing countries has not worked. Although most critics focus on lack of enforcement by the U.S., the real problem is the inherent tension between using free trade to make money, and spending money to improve labor standards. If the U.S. were to enforce labor standards, it would destroy the gains from free trade, which is why there is no incentive for developed countries to enforce the agreements. The Trans-Pacific Partnership is the latest example of a U.S. free trade agreement that does not address the tension between trade and labor. This …


Honors Day, 2017, Murray State University Jan 2017

Honors Day, 2017, Murray State University

Honors Day Programs

Honors Day Programs, Murray State University. (Digitization and metadata processed by Madison Erwin.)


The Hong Kong Basic Law And The Limits Of Democratization Under One Country Two Systems, Albert H.Y. Chen Jan 2017

The Hong Kong Basic Law And The Limits Of Democratization Under One Country Two Systems, Albert H.Y. Chen

The International Lawyer

No abstract provided.


The Regulation Of The Transnational Legal Profession In The United States, Robert E. Lutz Jan 2017

The Regulation Of The Transnational Legal Profession In The United States, Robert E. Lutz

The International Lawyer

No abstract provided.


Why Does The United States Oppose Asian Investment?, Timothy Webster Jan 2017

Why Does The United States Oppose Asian Investment?, Timothy Webster

Northwestern Journal of International Law & Business

No abstract provided.


The End Of Constitutional Pacifism?, Yasuo Hasebe Jan 2017

The End Of Constitutional Pacifism?, Yasuo Hasebe

Washington International Law Journal

On September 19, 2015, the National Diet of Japan enacted a series of statutes which enable the government to exercise the right of collective self-defense. One of the statutes also enables the government to dispatch the Self-defense Forces to take charge of logistics for foreign military forces waging wars. This enactment symbolises Japan’s turn of course regarding its long-held stance on constitutional pacifism. Pacifism maintained under the Constitution of Japan was not pure pacifism rejecting any use of force. The successive governments held that the right of individual self-defense, in other words, the right to use force in order to …


Interpretation Of The Pacifist Article Of The Constitution By The Bureau Of Cabinet Legislation: A New Source Of Constitutional Law?, Hajime Yamamoto Jan 2017

Interpretation Of The Pacifist Article Of The Constitution By The Bureau Of Cabinet Legislation: A New Source Of Constitutional Law?, Hajime Yamamoto

Washington International Law Journal

This article analyzes recent change of Japanese governmental interpretation of Article 9 of the Constitution of Japan concerning the right of collective self-defense. This governmental interpretation of Article 9 has been elaborated by the Bureau of Cabinet Legislation. This article criticizes a recent critique of this situation by main stream Japanese constitutional scholars as “crisis of constitutionalism”.


Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou Jan 2017

Cybersecurity, Identity Theft, And Standing Law: A Framework For Data Breaches Using Substantial Risk In A Post-Clapper World, James C. Chou

American University National Security Law Brief

No abstract provided.


The Regulation Of Legal Education And The Legal Profession In Mexico: An Ongoing Battle, Ximena Medellin Urquiaga Jan 2017

The Regulation Of Legal Education And The Legal Profession In Mexico: An Ongoing Battle, Ximena Medellin Urquiaga

The International Lawyer

No abstract provided.


About Law, Economics And Argumentation: The Forgotten Case Of Labor Concerns In Brazilian Competition Policy And Why It Still Matters, Alberto Barbosa Jr. Jan 2017

About Law, Economics And Argumentation: The Forgotten Case Of Labor Concerns In Brazilian Competition Policy And Why It Still Matters, Alberto Barbosa Jr.

University of Baltimore Journal of International Law

No abstract provided.


Treasuring What Is Golden: The International Lawyer At Fifty, Robert E. Lutz Jan 2017

Treasuring What Is Golden: The International Lawyer At Fifty, Robert E. Lutz

The International Lawyer

No abstract provided.


How Are Non-Numerical Prognostic Statements Interpreted And Are They Subject To Positive Bias?, Anne Moyer, Samantha Siess, Sumeet Bhinder Jan 2017

How Are Non-Numerical Prognostic Statements Interpreted And Are They Subject To Positive Bias?, Anne Moyer, Samantha Siess, Sumeet Bhinder

Department of Psychology Faculty Publications

Objectives: Frank, clear, communication with family members of terminally-ill or incapacitated patients has important implications for well being, satisfaction with care, and sound decision making. However, numerical prognostic statements, particularly more negative ones, have been found to be interpreted in a positively-biased manner. Less precise non-numerical statements, preferred by physicians, and particularly statements using threatening terms (“dying” vs. “surviving”) may be even more subject to such biases. Methods: Participants (N = 200) read non-numerical prognostic statements framed in terms of dying or surviving and indicated their interpretation of likelihood of survival. Results: Even the most extreme statements were not interpreted …


Role Of Mhealth Applications For Improving Antenatal And Postnatal Care In Low And Middle Income Countries: A Systematic Review, Anam Shahil Feroz, Shagufta Perveen, Wafa Aftab Jan 2017

Role Of Mhealth Applications For Improving Antenatal And Postnatal Care In Low And Middle Income Countries: A Systematic Review, Anam Shahil Feroz, Shagufta Perveen, Wafa Aftab

Community Health Sciences

Background: From 1990 to 2015, the number of maternal deaths globally has dropped by 43%. Despite this, progress in attaining MDG 5 is not remarkable in LMICs. Only 52% of pregnant women in LMICs obtain WHO recommended minimum of four antenatal consultations and the coverage of postnatal care is relatively poor. In recent years, the increased cellphone penetration has brought the potential for mHealth to improve preventive maternal healthcare services. The objective of this review is to assess the effectiveness of mHealth solutions on a range of maternal health outcomes by categorizing the interventions according to the types of mHealth …


Can Right To Health Help Policy Makers To Address Maternal Mortality?: A Short Communication, Sumera Aziz Ali, Nadir Suhail, Savera Aziz Ali Jan 2017

Can Right To Health Help Policy Makers To Address Maternal Mortality?: A Short Communication, Sumera Aziz Ali, Nadir Suhail, Savera Aziz Ali

Community Health Sciences

No abstract provided.


Mindfulness-Based Interventions In U.S. Schools-A Systematic Review, Cheryl A Reeves Jan 2017

Mindfulness-Based Interventions In U.S. Schools-A Systematic Review, Cheryl A Reeves

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

181 pages


Revisiting Adaptations Of Neotropical Katydids (Orthoptera: Tettigoniidae) To Gleaning Bat Predation, Hannah Ter Hofstede, Silke Voigt-Heucke, Alexander Lang, Heinrich Römer, Rachel Page, Paul Faure, Dina Dechmann Jan 2017

Revisiting Adaptations Of Neotropical Katydids (Orthoptera: Tettigoniidae) To Gleaning Bat Predation, Hannah Ter Hofstede, Silke Voigt-Heucke, Alexander Lang, Heinrich Römer, Rachel Page, Paul Faure, Dina Dechmann

Neotropical Biodiversity

All animals have defenses against predators, but assessing the effectiveness of such traits is challenging. Neotropical katydids (Orthoptera: Tettigoniidae) are an abundant, ubiquitous, and diverse group of large insects eaten by a variety of predators, including substrate-gleaning bats. Gleaning bats capture food from surfaces and usually use prey-generated sounds to detect and locate prey. A number of Neotropical katydid signaling traits, such as the emission of ultrasonic frequencies, substrate vibration communication, infrequent calling, and ultrasound-evoked song cessation are thought to have evolved as defenses against substrate-gleaning bats. We collected insect remains from hairy big-eared bat (Micronycteris hirsuta) roosts in Panama. …


New Species Of Arboreal Rat Of The Genus Rhipidomys (Cricetidae, Sigmodontinae) From Sangay National Park, Ecuador, Jorge M. Brito, Nicolás Tinoco, Daniel Chávez, Pablo Moreno-Cárdenas, Diego Batallas, Reed Ojala-Barbour Jan 2017

New Species Of Arboreal Rat Of The Genus Rhipidomys (Cricetidae, Sigmodontinae) From Sangay National Park, Ecuador, Jorge M. Brito, Nicolás Tinoco, Daniel Chávez, Pablo Moreno-Cárdenas, Diego Batallas, Reed Ojala-Barbour

Neotropical Biodiversity

We describe a new species of climbing rat of the genus Rhipidomys based on cranial and external morphology, morphometrics, and phylogenetic analyses of cytochrome b gene. This taxon was compared with species of Rhipidomys present in Ecuador, principally R. latimanus, which is a closely related species based on molecular analysis, and with several species from Colombia and Peru. The new species is easily distinguished from congeneric species by the relatively small size of its body (average head–body length 123 mm) and its distinctive cranial morphology including: Interorbital region constricted; postorbital crest almost imperceptible in females and evident only slightly in …


Vocalization Of Scinax Haddadorum (Anura: Hylidae), With Further Notes On The Vocalization Of The Morphologically Similar Scinax Rupestris, Davi Lee Bang, Thiago Ribeiro De Carvalho, Felipe Silva De Andrade, Isabelle Aquemi Haga, Cyro De Sousa Bernardes, Ariovaldo Antonio Giaretta Jan 2017

Vocalization Of Scinax Haddadorum (Anura: Hylidae), With Further Notes On The Vocalization Of The Morphologically Similar Scinax Rupestris, Davi Lee Bang, Thiago Ribeiro De Carvalho, Felipe Silva De Andrade, Isabelle Aquemi Haga, Cyro De Sousa Bernardes, Ariovaldo Antonio Giaretta

Neotropical Biodiversity

We describe for the first time the vocalization of Scinax haddadorum from its type locality. We also aim to establish an acoustic diagnosis for this species in comparison with the morphologically similar Scinax rupestris, for which we also describe additional note types of its vocalization that were not previously reported. The advertisement call of S. haddadorum consists of a single type of relatively short (<200 ms on average), multipulsed note and the call dominant frequency is restricted mostly to low frequency values (ca. 1.5 kHz), whereas the advertisement call of S. rupestris consists of a single type of relatively long (>450 ms on average), multipulsed note, and the call dominant frequency may be contained within two distinct frequency bands. Advertisement calls across Scinax species exhibit distinctive patterns both in time and frequency structures that should …


Bryde’S Whales (Balaenoptera Brydei) In An Area Of Upwelling Off Isla San Cristóbal, Galápagos, D.C. Biggs, S.M. Durkacz, L.M. Martin, M. Narvaez, A. De La Garza, Z. Lombraña, M. Santos Jan 2017

Bryde’S Whales (Balaenoptera Brydei) In An Area Of Upwelling Off Isla San Cristóbal, Galápagos, D.C. Biggs, S.M. Durkacz, L.M. Martin, M. Narvaez, A. De La Garza, Z. Lombraña, M. Santos

Neotropical Biodiversity

Bryde’s whales aggregate in the Galápagos Archipelago in an area off the north coast of Isla San Cristóbal during periods of upwelling. Seasonally, these whales are locally abundant off San Cristóbal between May and November, except in years when El Niño conditions occur. Field surveys were performed in summers 2013, 2014, and 2016 around San Cristóbal to search for the presence of Bryde’s whales, and to document their spatial relationship with 20 °C isotherm topography. Our surveys found that most sightings of these whales occurred in locations within 3–6 km of shore (water depths 70–300 m), where the 20 °C …


A Reassessment Of The Vocalization And Distribution Of Scinax Exiguus (Duellman, 1986) (Anura: Hylidae) In The Amazonian Savanna Of Roraima, Northern Brazil, With The Description Of Its Aggressive Call, Thiago Ribeiro De Carvalho, Priscila Azarak, Davi Bang, William Duellman, Ariovaldo Giaretta Jan 2017

A Reassessment Of The Vocalization And Distribution Of Scinax Exiguus (Duellman, 1986) (Anura: Hylidae) In The Amazonian Savanna Of Roraima, Northern Brazil, With The Description Of Its Aggressive Call, Thiago Ribeiro De Carvalho, Priscila Azarak, Davi Bang, William Duellman, Ariovaldo Giaretta

Neotropical Biodiversity

Scinax exiguus was described from the Gran Sabana, southeastern Venezuela, and its distribution is associated with the one Amazonian savanna region in northern South America. Herein, we describe the aggressive call and redescribe the advertisement call of S. exiguus, including recordings from the type locality. Also, we report on intraspecific variation between Venezuelan and Brazilian populations and we make remarks on its distribution in Brazil. Advertisement calls from the type locality (Bolívar, Venezuela) mainly differ in temporal traits from those of the two Brazilian populations, especially in duration and pulse organization. In contrast, calls from both Brazilian populations had remarkable …


Copyright, Jane C. Ginsburg Jan 2017

Copyright, Jane C. Ginsburg

Faculty Scholarship

This chapter o􀁼ers an overview of copyright in general in common law and civil law countries, with an emphasis on the United States (US) and the European Union (EU). It addresses the history and philosophies of copyright (authors’ right), subject matter of copyright (including the requirement of 􀁿xation and the exclusion of “ideas”), formalities, initial ownership and transfers of title, duration, exclusive moral and economic rights (including reproduction, adaptation, public performance and communication and making available to the public, distribution and exhaustion of the distribution right), exceptions and limitations (including fair use), and remedies. It also covers the liability of …


The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, G. Mitu Gulati, Robert E. Scott Jan 2017

The Black Hole Problem In Commercial Boilerplate, Stephen J. Choi, G. Mitu Gulati, Robert E. Scott

Faculty Scholarship

Rote use of a standard form contract term can erode its meaning, a phenomenon made worse when the process of encrustation introduces various formulations of the term. The foregoing process, when it occurs, weakens the communicative properties of boilerplate terms, leading some terms to lose much, if not all, meaning. In theory, if a clause is completely emptied of meaning through this process it can create a contractual “black hole.” The more frequent and thus potentially more pervasive problem arises when, as the term loses meaning, random variations in language appear and persist, resulting in what we term a “grey …