Law Commons^™

Wipo General Assembly 65th: Issues Affecting The Right To Research, Sean Flynn, Andres Izquierdo

Joint PIJIP/TLS Research Paper Series

This paper provides background and options for countries to consider in relation to items on the agenda of the 65th meeting of the WIPO General Assembly. It is prepared by the Project on Copyright the Right to Research of the Program on Information Justice and Intellectual Property, which includes the goal of sharing information and technical assistance to governments in international policy deliberations that impact the rights of scientific researchers in the digital context. The work of the WIPO General Assembly Agenda includes several matters that impact the rights of researchers. These include review of the work and recommendations of …

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti

Library Philosophy and Practice (e-journal)

This paper is a bibliometric analysis of research publications in the field of dispute resolution of family matters. The paper analyses the frequency of publications in this arena and identifying the research gaps. The paper utilizes literature published on this subject available at the Scopus database from 2011 to 2020. A total of 59 documents varying from books, chapters, articles, and journals have been extracted and analyzed for the purpose of this study. This data is further analyzed and presented in the forms of tables, maps, graphs, etc using VOSviewer and IMAPBuilder software. The study shows that even though there …

22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Complicated Lives: A Look Into The Experience Of Individuals Living With Hiv, Legal Impediments, And Other Social Determinants Of Health, Margaret B. Drew, Jason Potter, Caitlin Stover

Faculty Publications

Those living with HIV continue to have challenges that extend well beyond their medical needs Public misconceptions surrounding HIV transmission and treatment have resulted in systemic and pervasive discrimination against those living with the disease. Common misconceptions include overly optimistic perceptions of the modern state of medical treatment, leading the uninformed to conclude that people living with HIV are minimally impacted by the disease, and misunderstandings regarding how the disease is transmitted from person-to-person, leading to stigma and social prejudice. Because of these misconceptions, three professors from the University of Massachusetts Dartmouth formed a community partnership to determine the unmet …

Enhancing Efficiency At Nonprofits With Analysis And Disclosure, David M. Schizer

Faculty Scholarship

The U.S. nonprofit sector spends $2.54 trillion each year. If the sector were a country, it would have the eighth largest economy in the world, ahead of Brazil, Italy, Canada, and Russia. The government provides nonprofits with billions in tax subsidies, but instead of evaluating the quality of their work, it leaves this responsibility to nonprofit managers, boards, and donors. The best nonprofits are laboratories of innovation, but unfortunately some are stagnant backwaters, which waste money on out-of-date missions and inefficient programs. To promote more innovation and less stagnation, this Article makes two contributions to the literature.

First, this Article …

Getting It Right By Writing It Wrong: Embracing Faulty Reasoning As A Teaching Tool, Patricia G. Montana, Elyse Pepper

Faculty Publications

(Excerpt)

In the early days of legal writing, we use exercises that have clear "right" answers. The rules are very simple and their meaning, even without looking at the cases, is usually clear. So, the "right" answer is often obvious. Indeed, it is intuitive. Though these exercises give students a sense of accomplishment and allow them to track achievement and understand success and failure, in some ways, they reinforce a common problem in first-year law students: their inability to see beyond the surface of a legal rule.

To ensure the "right" answer, students must distill not only a general rule, …

21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

One Legal Argument, Robin Boyle Laisure

Faculty Publications

(Excerpt)

A governing rule may be composed of a single legal argument, or multiple legal arguments, particularly if the client’s question requires analysis of multiple elements or factors. Each legal argument that an attorney builds will have the same components. Those components are

• A statement identifying the legal issue to be addressed.

• The rule governing the legal issue and, where needed, an explanation of the relevant authorities or cases supporting that rule.

• An application of the law to the facts of your client’s case.

• A final conclusion or prediction about how a court might rule on …

Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Advanced Cancer Patients' Construction Of Self During Oncology Consultations: A Transitivity Concordance Analysis, Neda Karimi, Annabelle Lukin, Alison Rotha Moore, Adam Walczak, Phyllis N. Butow

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper explores advanced cancer patients' self-identification from a grammatical-concordance perspective. It combines corpus linguistics tool of concordance and transitivity analysis to investigate the grammatical choices that advanced cancer patients make to identify and construct themselves during an oncology consultation. The data comprises 69 oncology consultations between advanced cancer patients (and in some consultations a companion or companions) and their oncologist. Findings reveal that these advanced cancer patients identified themselves with an active and informed role in terms of self-care, decision-making and other administrative activities; they identified their everyday life as an indispensable part of the domain of medicine; and …

Unraveling The Blue Paradox: Incomplete Analysis Yields Incorrect Conclusions About Phoenix Islands Protected Area Closure, Quentin A. Hanich, Randi Rotjan, Transform Aqorau, Megan Bailey, Brooke M. Campbell, Noella Gray, Rebecca Gruby, John Hampton, Yoshitaka Ota, Hannah Parris, Chris Reid, Rashid Sumaila, Wilf Swartz

Faculty of Law, Humanities and the Arts - Papers (Archive)

In PNAS, McDermott et al. (1) analyze a 2014-2016 central Pacific fishing surge, focusing on the Phoenix Islands Protected Area (PIPA) inside the Kiribati exclusive economic zone (EEZ). The authors incorrectly attribute the surge to the anticipated industrial fishing closure of PIPA and describe the phenomenon as a blue paradox (i.e., an unintended negative consequence of a conservation policy). However, a broader analysis demonstrates that this surge was unrelated to the closure of PIPA and was due to a strong El Ni~no event that created a fishing surge across multiple EEZs and high seas, not just PIPA (2).

The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley

Faculty Articles

Predispute consumer arbitration has sparked energetic debate and sharply divides the utility of the class action versus the utility of individual arbitration. Thus far, the U.S. Supreme Court’s jurisprudence has given a “thumbs up” approach to predispute consumer arbitration waivers, which almost always include a class waiver agreement. Congress showed little interest in amending the Federal Arbitration Act (“FAA”), even for consumer cases. It seems that consumer arbitration was the “wild west” of the law, in that it was largely unregulated and could direct claims to the black hole of private dispute resolution. In May 2016, the Consumer Financial Protection …

Newsroom: Undocumented Licenses, Safer Roads 01-05-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (September 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

"Don't Talk To Me About Deception": The Necessary Erosion Of The Trans-Panic Defense, Aimee Wodda, Vanessa R. Panfil

Sociology & Criminal Justice Faculty Publications

[Introduction] A woman sits on a stage and tells a talk show host that a man who has "liked" many of her pictures on Instagram has wanted to meet her for a month, but it had not yet happened because they live in different parts of the country. He called the talk show in order to facilitate their meeting, and she obliged. However, she tells the talk show host: "But he doesn't know my secret." When the host asks her what it is, she replies that she is transgender, to which the audience makes loud "ooooooh" noises. She says that …

The Developmental State Model: A Comparative Analysis Of Japan Approach And The New Developmental State In South America, Gabriel Garcia

Faculty of Law, Humanities and the Arts - Papers (Archive)

This is a working-in-progress paper on the Developmental State Model: a Comparative Analysis of Japan's Approach and the New Developmental State in Brazil. The case of Brazil was the topic of a book published in 2013 edited by Trubek, Alviar Garcia, Coutinho and Santos titled 'Law and the New Developmental State, the Brazilian Experience in Latin American Context'. The volume contains contributions that argue a 'new' developmental state model is emerging in Brazil. A preliminary literature review suggests that the Brazilian government has incorporated in its development policies some of the features that defined the Japanese developmental state a few …

The Dilemma Action: Analysis Of An Activist Technique, Majken Sorensen, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

When nonviolent activists design an action that poses a dilemma for opponents— for example whether to allow protesters to achieve their objective or to use force against them with consequent bad publicity—this is called a dilemma action. These sorts of actions have been discussed among activists and in activist writings, but not systematically analyzed. We present a preliminary classification of different aspects of dilemma actions and apply it to three case studies: the 1930 salt march in India, a jail-in used in the Norwegian total resistance movement in the 1980s, and the freedom flotillas to Gaza in 2010 and 2011. …

Intent In Fair Use, Eva E. Subotnik

Faculty Publications

This Article explores the role of intent in the context of fair use. Specifically, it examines whether a claim of fair use of a copyrighted work should be assessed solely from an “objectively reasonable” vantage point or should, additionally, allow for evidence from the subjective perspective of the user. Courts and scholars have largely sided with the former view but have failed to explain fully why this should be the case or whether there might be countervailing benefits to considering evidence of subjective intent. Crucially overlooked is the possibility that taking the user’s perspective into account would serve copyright’s utilitarian …

Patent Landscape Of Helminth Vaccines And Related Technologies, Jon R. Cavicchi, Stanley P. Kowalski, John Schroeder, Rayna Burke, Jillian Michaud-King

Law Faculty Scholarship

Executive Summary This report focuses on patent landscape analysis of technologies related to vaccines targeting parasitic worms, also known as helminths. These technologies include methods of formulating vaccines, methods of producing of subunits, the composition of complete vaccines, and other technologies that have the potential to aid in a global response to this pathogen. The purpose of this patent landscape study was to search, identify, and categorize patent documents that are relevant to the development of vaccines that can efficiently promote the development of protective immunity against helminths. The search strategy used keywords which the team felt would be general …

Blending Fairness And Efficiency: An Analysis Of Its Desirability In The Context Of Insider Trading Laws In Australia, Afroza Begum

Faculty of Law, Humanities and the Arts - Papers (Archive)

Purpose - The regulatory approach to insider trading (IT) in Australia is premised on a "blend" of fairness and efficiency which has generated an important controversy. The study aims to investigate this controversy by critically analysing the way the policy maker and judiciary have been striving to accomplish the regulatory goals based on this blend.

Design/methodology/ approach - This research is based on existing primary and secondary legal resources.

Findings - Regulation of insider trading (IT) with an appropriate enforcement mechanism has become an important issue in Australia. As part of this, a range of legal studies have unveiled significant …

Teaching A Mother Tongue Far Away From The Motherland: An Analysis Of Chinese Language Curriculum In Australian High Schools, Min Tao, Wei Wang

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article is concerned with the situation of teaching of Chinese as a first language or a mother tongue in Australia. Based on the analysis of the curriculum documents, students ' identities and exam papers in Victoria and New South Wales, the two biggest states in Australia, we argue that 1 ) the emergence of Chinese as a first language curriculum in Australia where English is the de facto national language is attributed to the globalisation and commercialisation in education; 2) the curriculum design of Chinese as a first language represents the curriculum' s Euro-centric mind-set and this also results …

Assessing The Cost Effectiveness Of Policy Options To Address Overcrowding At The Broome County Public Safety Facility, Daniel J. Reynolds

MPA Capstone Projects 2006 - 2015

In 1996, Broome County opened the new Broome County Public Safety Facility (BCPSF) that doubles the County's capacity for housing inmates locally. However, the County has experienced a significant increase in jail population since BCPSF was opened. This has resulted in the resumption of the practice of boarding excess inmates at regional facilities. Given the County's desire to contain costs associated with overcrowding, this research project conducted a cost effectiveness analysis of three policy alternatives to address the jail overcrowding issues: (1) maintaining the current practice of boarding, (2) renovating a gymnasium into a 48 bed "Gym-Pod," or (3) constructing …

An Ecosystem Approach To Management Of Seamounts In The Southern Indian Ocean. Volume 3 - Legal And Institutional Gap Analysis, Robin M. Warner, Philomene Verlaan, Gail Lugten

Faculty of Law, Humanities and the Arts - Papers (Archive)

The International Union for Conservation of Nature (IUCN) is committed to achieving effective protection, restoration and sustainable use of biological diversity and ecosystem processes on the high seas. IUCN Resolution 4.031 (2008), “Achieving conservation of marine biodiversity in areas beyond national jurisdiction”, called, inter alia, for the promotion of arrangements, processes and agreements that ensure the consistent, coordinated and coherent application of the best conservation and governance principles and approaches, including integrated ecosystem-based management and the precautionary approach.

The Importance Of The Local In A Global Age: A Comparative Analysis Of Networking Strategies In Postgraduate Law Research Teaching, Linda Roslyn Steele, Rita Shackel, Felicity Bell

Faculty of Law, Humanities and the Arts - Papers (Archive)

Research indicates that postgraduate research students, and particularly those researching in law, feel isolated socially and academically from one another, and from scholarly life. Postgraduate research students are now more globally connected because of technology. Yet opportunities to connect with colleagues locally, to share and reflect on research findings, methods and experiences are insufficient. This paper reports on the preliminary stages of a project led by legal and criminological scholars to establish a postgraduate student network that is interdisciplinary, interfaculty and cross institutional in structure with a specific focus on ‘crim*’ related studies including criminology, criminal law and criminal justice. …

Transitivity Analysis Of Heroic Mother By Hoa Pham, Thu Hanh Nguyen

Faculty of Law, Humanities and the Arts - Papers (Archive)

The paper investigates the application of Halliday’s theory of transitivity in the construction of personality. The essay aims to identify and explain how the main character’s personality is portrayed and represented through language used in Hoa Pham’s “Heroic Mother”. The findings hope to prove that linguistic choices in transitivity play an important role in building up the main character of the story.

The essay is divided into six parts. The first part explains the roles of language and language studies in social life. The second part notes the functions of Halliday’s transitivity system in literary studies by reviewing previous studies …

Virtual Adultery: No Physical Harm, No Foul?, Kathryn Pfeiffer

Law Student Publications

New forms of social media and virtual communication are changing the ways in which we meet new people and develop meaningful relationships. In today's world, you can skype a long-distance significant other or join an Internet chat room to find others who share a similar interest. While, in many ways, the Internet has facilitated our ability to interact with others unencumbered by geographical location or time zone, its unfettered reach has proved to be problematic for one relationship in particular-the marital unit. Studies show that more marriages are ending because of "virtual infidelity," the term used to describe nonphysical behavior …

Slides: Engaging Stakeholders, Duane Zavadil

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Duane Zavadil, Bill Barrett Corporation

5 slides

Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson

Reviews

Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …