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Articles 804091 - 804120 of 5167462
Full-Text Articles in Entire DC Network
An Analysis Of The Patent Linkage System And Development Of The Biosimilar Industry In Taiwan, Jerry I-H Hsiao
An Analysis Of The Patent Linkage System And Development Of The Biosimilar Industry In Taiwan, Jerry I-H Hsiao
Brooklyn Journal of International Law
In 2019, as an effort to join the Trans-Pacific Partnership (TPP) Agreement (now Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)), Taiwan has implemented the patent linkage system which covers both small molecule generic drugs and large molecule biosimilar into the Pharmaceutical Affair Act. The system modeled after the U.S.’s patent linkage system designed for small molecule drugs under the Hatch Waxman Act (HWA). Based on the experience of the patent linkage system under the HWA, biosimilar industry representatives in Taiwan contended that the adoption of the patent linkage system will be detrimental to the development of local industry. By …
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Digital Privacy Rights And Cloud Act Agreements, Tim Cochrane
Brooklyn Journal of International Law
The United States (US) and United Kingdom (UK) will soon bring into force a new international law enforcement data sharing ‘CLOUD Act agreement’ (US-UK Agreement), the first of its kind under the Clarifying Lawful Overseas Use of Data Act 2018 (CLOUD Act). These agreements enable law enforcement in one state to directly request data from service providers based in the other state. They respond to long-standing concerns with the main mechanism for obtaining overseas data, mutual legal assistance (MLA). The US and UK claim the US-UK Agreement will significantly speed up data access relative to MLA while “respecting privacy and …
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li
An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li
Brooklyn Journal of International Law
The concept of the Common Heritage of Mankind (CHM) remains uncertain and controversial. This article starts with an analysis of the legal status of the CHM to identify the legal subjects who can exercise rights to the CHM and what types of rights they have. It is argued that an exclusive property model is the one successfully implemented in the law of sea regime., i.e., the CHM is defined as an exclusive property of mankind. Mankind, as a separate entity, can have ownership over the CHM, while other entities can only exercise usufruct to the CHM. This article moves further …
Iranian Music Censorship & International Human Rights Law, Cameron Moody
Iranian Music Censorship & International Human Rights Law, Cameron Moody
Brooklyn Journal of International Law
The 1979 Islamic Revolution in Iran saw sweeping changes in the country’s cultural policies, including the restriction of nearly all types of musical production. Today, the music production environment in Iran remains incredibly hostile to all but a select few. Iran’s government prohibits the production of most types of music and routinely prosecutes musicians. This Note seeks to examine the ways in which the existing U.N. framework for promoting musician’s rights fails to apply to the situation in Iran. Despite Iran being a signatory to the foundational UN Human Rights treaties, the country routinely flouts these rights. This Note argues …
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law
Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Copystrikes And Meme Bans: Social Media And Copyright Protections In The Digital Age, Angelina Sanchez
Brooklyn Journal of International Law
Social media is a pervasive and ever-present aspect of many peoples’ lives. Its use permeates nearly every aspect of our existence – there truly is an app for everything. Most notably, social media operates internationally both in scope and usage allowing for the creation of an astounding global society that shares cultures and perspectives in a way unprecedented in human history. Never before have societies been as interconnected as they are now. Unfortunately, such interconnectedness comes with the issue of globalizing enforcement of copyright laws. Infringement runs rampant online and forces creators to struggle against a seemingly faceless foe in …
Venezuelan Prisons' Human Rights Violations And Suggested Reforms Based On The Success Of Norway's Restorative Justice-Focused Approach To Incarceration, Nadiya Singh
Brooklyn Journal of International Law
Venezuela holds the title for having the highest crime index in the world, serving as a microcosm of the country’s widespread and devastating political and humanitarian inadequacies. Its prisons are rife with deadly disease, severe overcrowding, and starving prisoners whose entry into these facilities calls into question their guaranteed human rights under the Venezuelan Constitution. This Note highlights these injustices and argues that the starvation, physical and mental abuse, and extreme neglect that Venezuela’s prisoners are subject to, violate the protection of their guaranteed human rights under Articles 46 and 83 of Venezuela’s Constitution. A comparative analysis of Norway, which …
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Brooklyn Journal of International Law
The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …
The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano
The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano
Brooklyn Journal of International Law
In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Black Deaths Matter: The Race-Of-Victim Effect And Capital Punishment, Daniel S. Medwed
Brooklyn Law Review
The racial dimensions of the death penalty are well-documented. Many observers assume this state of affairs derives from bias—often implicit and occasionally explicit—against black defendants in particular. Research points to an even more alarming factor. The race of the victim, not the defendant, steers cases in the direction of death. Regardless of the perpetrator’s race, those who kill whites are more likely to face capital charges, receive a death sentence, and die by execution than those who murder blacks. This short Essay adds a contemporary gloss to the race-of-victim effect literature, placing it in the context of the Black Lives …
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Copying Copyright: Adopting A Fair Use Defense In Patent Law In Times Of Public Health Crisis, Kellie C. Van Beck
Brooklyn Law Review
Epidemics have devastated humankind for centuries. Given the simultaneous rise of advanced disease prevention and treatment and the great potential for mass public uptake, it is unsurprising that the U.S. pharmaceutical industry has grown to $775 billion in annual sales revenue. It is clear that the commercialization of important public health measures is not without controversy. Of particular debate is that vaccine and other drug manufacturers monopolize their products and control them through patent laws. Yet there is a strong dichotomy between the importance of patents and the need for public access to innovations. This is not to say that …
Roberta Karmel And The "Brooklyn School", Edward J. Janger
Roberta Karmel And The "Brooklyn School", Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
In this contribution, Professor Janger describes Roberta Karmel’s extraordinary contributions to the intellectual, scholarly, and institutional life of Brooklyn Law School.
Karmel’S Dissent: The Sec’S Use And Occasional Misuse Of Section 21(A) Reports Of Investigation, James J. Park
Karmel’S Dissent: The Sec’S Use And Occasional Misuse Of Section 21(A) Reports Of Investigation, James J. Park
Brooklyn Journal of Corporate, Financial & Commercial Law
Section 21(a) of the Securities Exchange Act gives the SEC the option of publishing a report of its findings after conducting an investigation. Typically, the SEC issues such reports about once a year to highlight major compliance and enforcement issues. This Article examines the SEC’s use of Section 21(a) investigative reports with special attention to its 1979 report in Spartek, where Commissioner Roberta Karmel filed a famous dissent. In that opinion, she argued that the report effectively sanctioned conduct over which the SEC did not have jurisdiction and that Spartek did not have sufficient notice of its regulatory obligations. While …
Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch
Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch
Brooklyn Journal of Corporate, Financial & Commercial Law
When Roberta Karmel wrote the articles that are the subject of this symposium, she was skeptical of the potential value of shareholder voting and the emerging involvement of institutional investors in corporate governance. In the ensuring years, both the increased role and engagement of institutional investors and the heightened importance of shareholder voting offer new reasons to take Professor Karmel’s concerns seriously. Institutional investors have taken on a broader range of issues from diversity and political spending to climate change and human capital management, and their ability to influence corporate policy on these issues has become more significant. The broadened …
Federalized Corporate Governance: The Dream Of William O. Douglas As Sarbanes-Oxley Turns 20, Joan Macleod Heminway
Federalized Corporate Governance: The Dream Of William O. Douglas As Sarbanes-Oxley Turns 20, Joan Macleod Heminway
Brooklyn Journal of Corporate, Financial & Commercial Law
The federalization of U.S. corporate governance has been a topic of conversation among policymakers from the very beginning of federal securities law in the New Deal era. Among the early proponents of a federalized system of corporate governance oversight was William O. Douglas—perhaps best known as the longest-serving U.S. Supreme Court justice, but who also was a former commissioner and chair of the U.S. Securities and Exchange Commission. Reflecting on Douglas’s federal corporate governance ideas, Professor Roberta Karmel wrote a law review article for the Delaware Journal of Corporate Law, published in 2005, commenting on the extent and nature of …
Looking Forward: Professor Roberta Karmel’S Prescient Views On The Transformation Of Self-Regulatory Organizations And Of The Securities Market Structure At The Turn Of The Last Century, James A. Fanto
Brooklyn Journal of Corporate, Financial & Commercial Law
This essay examines Professor Roberta Karmel’s scholarship on the transformation of self-regulatory organizations (SROs) and the securities market structure, a transformation that occurred at the turn of the last century. It explains how she examined the events from the perspective of a lawyer who had a rich knowledge of the history of the SROs, the securities markets, and their regulation and how she provided a practical understanding of the way these markets worked. It points out that, rather than offering an overarching theory that would explain all of these developments and that would guide regulators and legislators in SRO and …
Symposium Introduction: A Tribute To Roberta Karmel, James A. Fanto
Symposium Introduction: A Tribute To Roberta Karmel, James A. Fanto
Brooklyn Journal of Corporate, Financial & Commercial Law
The Introduction provides the background to the symposium in honor of Professor Roberta Karmel
Full Of Questions And Wonder: Roberta Karmel's Legacy, Alan R. Palmiter
Full Of Questions And Wonder: Roberta Karmel's Legacy, Alan R. Palmiter
Brooklyn Journal of Corporate, Financial & Commercial Law
Roberta Karmel has been perhaps the keenest observer and commentator on the securities industry and its regulation for the past five decades. Her observations about securities regulation—during the SEC’s precocious adolescence and into its young adulthood—have framed the academic inquiry of all of us who have written on the subject during this period. But more valuable to us than her observations have been her questions, full of wonder and penetrating insight. We securities academics, the enterprise of securities regulation, and especially market capitalism, all owe an enormous debt of gratitude to Professor Karmel.
The Coming Shift In Shareholder Activism: From “Firm-Specific” To “Systematic Risk” Proxy Campaigns (And How To Enable Them), John C. Coffee, Jr.
The Coming Shift In Shareholder Activism: From “Firm-Specific” To “Systematic Risk” Proxy Campaigns (And How To Enable Them), John C. Coffee, Jr.
Brooklyn Journal of Corporate, Financial & Commercial Law
This article distinguishes two types of shareholder activism: (1) firm-specific activism, which has a long history and focuses on changes at a specific target company, and (2) systematic risk activism, which seeks to reduce the systematic risk in a portfolio and thereby benefit diversified investors. Typically, such a systematic risk campaign may force a portfolio company to internalize negative externalities to benefit the other companies in the portfolio (such as by reducing carbon emissions or undertaking climate risk reforms). But, systematic risk activism faces an inherent difficulty: the party that leads this campaign and invests in the target company may …
“The Eu Challenge To The Sec”: A View From 2021, Howell E. Jackson
“The Eu Challenge To The Sec”: A View From 2021, Howell E. Jackson
Brooklyn Journal of Corporate, Financial & Commercial Law
This essay offers a retrospective appreciation of Professor Roberta Karmel’s scholarship exploring the influence of securities regulation in the United States on developments in European capital markets regulation in the late 1990’s and early 2000’s. Professor Karmel’s writings document a fascinating evolution in this trans-Atlantic relationship as the Securities and Exchange Commission transitioned from the world’s dominant capital market regulator throughout most of the post-World War II era into a more collaborative posture by the end of the first decade of the Millennium. The essay concludes by suggesting that the trends that Professor Karmel chronicled in her scholarship have persisted …
Retail Investors: Why Online Investing Platforms Need More Regulation And Oversight, Christal Mccamy
Retail Investors: Why Online Investing Platforms Need More Regulation And Oversight, Christal Mccamy
Brooklyn Journal of Corporate, Financial & Commercial Law
Retail trading, in the age of the COVID-19 pandemic, has reached impressive and consequential levels, mostly due to the rise in popularity of online investing platforms. These platforms greatly increase the accessibility of the stock market and the ability to create wealth for young investors. However, this recent surge in activity has dramatically affected the stock market in various ways and led to many negative outcomes for retail investors themselves. This Note uses several examples, surrounding the use of the platform Robinhood, to argue for action by the SEC and FINRA to implement additional protections for retail investors who utilize …
The Means To Ending Ends: Electronic Nicotine Delivery Systems And America’S Youth, Megan C. Feeney
The Means To Ending Ends: Electronic Nicotine Delivery Systems And America’S Youth, Megan C. Feeney
Brooklyn Journal of Corporate, Financial & Commercial Law
Electronic Nicotine Delivery Systems (ENDS) have risen in prominence amongst smokers and non-smokers as a way to inhale nicotine since their introduction to the United States in 2006. Often sold in a variety of mouth-watering flavors, ENDS are extremely enticing to both adolescents and adults. Though they are marketed as a safer alternative to combustible cigarettes, these devices have created a growing public health epidemic of nicotine addiction among adolescent users. Ultimately acknowledging the issue in 2020, the Food & Drug Administration (FDA) released guidelines to the nicotine industry and banned the sale of certain flavored ENDS. However, this flavor …
Let The Bots Be Bots: Why The Cfaa Must Be Clarified To Prevent The Selective Banning Of Data Collection Facilitating Private Social Media Information Monopolization, W. Connor Mcrory
Brooklyn Journal of Corporate, Financial & Commercial Law
In September 2019, the United States Court of Appeals for the Ninth Circuit granted plaintiff-startup hiQ Labs a preliminary injunction allowing it to “bot scrape” off of defendant-social networking service LinkedIn’s public profiles without triggering liability under Section 1030(a)(2)(C) of the Computer Fraud & Abuse Act (CFAA) for accessing a website “without authorization.” Differing judicial interpretations demonstrate the lack of clarity as to the legality of third-party bot scraping against the website owner’s consent, which causes irreparable harm to businesses that rely on such practices to operate, and antitrust issues when website owners like LinkedIn and Facebook can selectively ban …
When Your Apps Threaten National Security – A Review Of The Tiktok And Wechat Bans And Government Actions Under Ieepa And Firrma, Ru Hochen
Brooklyn Journal of Corporate, Financial & Commercial Law
Personal data can evolve into a national security issue. In August 2020, fears of foreign adversaries’ access to Americans’ personal data prompted President Trump to issue two executive orders that attempted to ban Chinese-owned social media applications TikTok and WeChat in the United States. In the last few years, the U.S. executive branch has acted against foreign entities that implicate national security interests via two primary tools: the presidential power under the International Economic Emergency Powers Act (IEEPA) and a foreign investment screening regime under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). However, the statutes were enacted …
Revising U.S. Privacy Laws: New Laws Are Required To Fill In The Gaps Of Current And Proposed Legislation To Account For New Technologies And Future Emergencies, Marissa Wong
Brooklyn Journal of Corporate, Financial & Commercial Law
With the ongoing expansion of internet services and increase in cyberattacks, Congress has long recognized the need for comprehensive federal privacy legislation, but no federal legislation has been passed. Currently, the scatter-shot of sector and state-specific privacy laws have proven to be ineffective. The authority of the Federal Trade Commission (FTC) has also been weak. The unexpected occurrence of the COVID-19 pandemic further exposed the dire need for comprehensive federal privacy legislation. Data-collection methods such as facial recognition, immunity passports, and contact tracing leave users’ health and location data vulnerable in the hands of the government and private companies. Technologies …
American Bullfrog (Lithobates Catesbeianus) Diet In Uruguay Compared With Other Invasive Populations In Southern South America, Gabriel Laufer, Noelia Gobel, Mauro Berazategui, Matías Zarucki, Sofía Cortizas, Alvaro Soutullo, Claudio Martinez Debat, Rafael O. De Sá
American Bullfrog (Lithobates Catesbeianus) Diet In Uruguay Compared With Other Invasive Populations In Southern South America, Gabriel Laufer, Noelia Gobel, Mauro Berazategui, Matías Zarucki, Sofía Cortizas, Alvaro Soutullo, Claudio Martinez Debat, Rafael O. De Sá
Biology Faculty Publications
Between 2000-2020, more than ten new populations of the invasive American bullfrog (Lithobates catesbeianus) have been reported in the southern cone of South America. We studied the stomach contents of 126 bullfrogs from a population at an early invasion stage in Uruguay (Acegua, Cerro Largo Department). We observed a rich diet, with extensive prey volume range (1 mm3 to more than 7 000 mm(3)); the most frequent items were Hymenoptera (19.6%), Coleoptera (16.4%), Amphipoda (13.3%), Anura (8.9%) and Heteroptera (8.7%). Despite some overlap, differences were observed in volume (chi(2) = 54.6, p <0.001, d.f. = 2) and prey quantity (F = 8.1, p <0.001, d.f. = 79) between males, females, and juveniles. Juveniles showed significantly higher consumption of terrestrial prey by count (82% of their total ingestion) than adults (29% for males and 32% for females) (chi(2) = 28.5, p <0.001, d.f. = 2). Adults, especially females, showed a high frequency of cannibalism (33% of their total ingestion; chi(2) = 20.9, p <0.001, d.f. = 2). Comparing our data with other bullfrog regional studies, we found great plasticity in trophic habits and differences in the incidence of cannibalism (higher incidence in the populations of Acegua, Uruguay, and Buenos Aires, Argentina). These differences could be related to local biodiversity, but also could be affected by the invasion phase. Cannibalism frequency was higher in small bullfrog populations, where it could be favoring the establishment success. This shift in foraging strategies during the invasion process had been insufficiently evaluated in amphibians. Knowing the ecological determinants for the invasion by bullfrogs can be useful to the development of management strategies.
Investigating Therapeutic Strategies To Target Metabolic Vulnerabilities Of Nsclc Tumors With Mutant Keap1 Gene, Pranavi Koppula
Investigating Therapeutic Strategies To Target Metabolic Vulnerabilities Of Nsclc Tumors With Mutant Keap1 Gene, Pranavi Koppula
Dissertations and Theses (Open Access)
The metabolic vulnerability of cancers has long been envisaged as an attractive window to develop novel therapeutic strategies. Metabolic flexibility at the cellular level encompasses the efficient rerouting of anabolic and catabolic pathways in response to varying environmental stimuli to maintain cellular homeostasis and sustain proliferation. The primary objective of this study is to identify metabolic vulnerabilities bestowed by KEAP1/NRF2 signaling axis through SLC7A11. SLC7A11 is a transcriptional target of NRF2, an essential regulator of cellular anti-oxidant response. Under unstressed basal conditions, NRF2 interacts with KEAP1, a tumor suppressor gene and a substrate adaptor protein of the Cullin3-dependent ubiquitin ligase …
Stat3 Inhibits Type I Interferon Signaling In Type I Conventional Dendritic Cells, Taylor Chrisikos
Stat3 Inhibits Type I Interferon Signaling In Type I Conventional Dendritic Cells, Taylor Chrisikos
Dissertations and Theses (Open Access)
Conventional dendritic cells (cDCs) are an essential immune population, responsible for controlling adaptive immunity and tolerance. Recently, type I cDCs (cDC1s) have been delineated as a distinct cDC subset, uniquely responsible for coordinating T cell-mediated immunity against pathogens and tumors. Although the importance of cDC1s is now well established, the mechanisms that regulate cDC1 function remain largely unknown. Signal Transducer and Activator of Transcription 3 (STAT3) mediates the intracellular signaling of interleukin 10 (IL-10), an immunosuppressive cytokine. Therefore, we hypothesized that STAT3 and IL-10 inhibit cDC1 function and induction of T cell-mediated immunity. Herein, we show that IL-10 inhibits polyinosinic:polycytidylic …
Modulation Of The Receptor Gating Mechanism And Allosteric Communication In Ionotropic Glutamate Receptors, Nabina Paudyal, Nabina Paudyal
Modulation Of The Receptor Gating Mechanism And Allosteric Communication In Ionotropic Glutamate Receptors, Nabina Paudyal, Nabina Paudyal
Dissertations and Theses (Open Access)
Ionotropic glutamate receptors (iGluRs) found in mammalian brain are primarily known to mediate excitatory synaptic transmission crucial for learning and memory formation. The family of iGluRs consists of AMPA receptors, NMDA receptors and kainate receptors with each member having distinct physiological role. In the recent years, significant progress has been made in understanding the biophysical, and functional properties of iGluRs. The development of Cryo-EM and X-Ray crystallography techniques have further facilitated in the structural understanding of these receptors. However, the multidomain nature, large size of the protein, complex gating mechanism and inadequate knowledge regarding the conformational dynamics of the receptors …
Mutant Kras Alters Extracellular Vesicle Microrna Sorting In Pancreatic Cystic Neoplasms, Rachel L. Dittmar
Mutant Kras Alters Extracellular Vesicle Microrna Sorting In Pancreatic Cystic Neoplasms, Rachel L. Dittmar
Dissertations and Theses (Open Access)
Pancreatic ductal adenocarcinoma (PDAC) is among the deadliest cancers by organ site with a 5-year survival rate of just 10.8%. This is largely because most patients do not experience symptoms until the disease has already metastasized. The best hope to cure PDAC is surgery, which can only be done with a curative intent at an early stage when the disease is localized. There are no reliable circulating, body-fluid-based biomarkers to detect early stage PDAC or its precursor lesions in a timely manner for effective surgical intervention. When potential PDAC precursor lesions, such as mucinous pancreatic cysts are found, there are …