Law Commons^™

In Search Of Women’S Equal Right To Property In India - Recent Judicial Developments, Archana Mishra

Archana Mishra

Women’s economic status influenced by her ownership and control over immovable property is hardly reflected in Indian society even after India having achieved independence more than half a century before. Effective rights to women in property cannot spring from closed and restrictive mindset of the legislature. The recent decisions of Supreme Court of India and various High Courts expanding the scope of much denied property rights to women in India encapsulate the essence and spirit of the Constitution. Some of the recent striking developments in the field of allowing property rights to women e.g., right of tribal women in property, …

Traditional Knowledge Rights And Wrongs, Sean Pager

Sean Pager

SourceURL:file://localhost/Users/sean/Documents/Folklore%20TK/Unpacking%20ABSTRACT.doc

Traditional Knowledge Rights and Wrongs

Sean A. Pager, Michigan State University

ABSTRACT

Should the intangible heritage of indigenous people be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives. To resolve these conflicts, the Article argues for greater differentiation …

Traditional Knowledge Rights And Wrongs, Sean Pager

Sean Pager

Should the intangible heritage of indigenous cultures be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives. To resolve these conflicts, the Article argues for greater differentiation between the two draft treaties based on subject matter. Just as copyright and …

Native American Tribal Disenrollment And Heritage, Christopher Doval N. Doval, Elin L. Cortijo-Doval Phd., Don A. Anque J.D.

Christopher Doval

The exercise and power of disenrollment is a sensitive topic for Native Americans. On one hand, disenrollment is important for self-determination. Yet, on the other, the ability to strip one of their legal status as a tribal member can also be seen as racial erasure. Recently, many tribes have begun to exile tribal members for various reasons. Long-standing family feuds and greed due to gaming profits are some of the alleged reasons why disenrollment occurs. Regardless of the reasons, many disenrolled Native Americans are questioning the validity of their ousting, which also calls into question the governing powers of Native …

The Treaty Of Waitangi In New Zealand's Law And Constitution In 2015, Matthew S. R. Palmer Qc

The Hon Justice Matthew Palmer

This lecture addresses issues concerning the place of the Treaty of Waitangi, including: implications of the Waitangi Tribunal's conclusions on sovereignty; the rationale behind historical Treaty settlements; and the future role of the Waitangi Tribunal.

Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan Dreveskracht

Ryan Dreveskracht

This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement, or “MSA.” Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement. Specifically, Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states’ dire financial …