Law Commons^™

Between Myths And Reality--Macedonia Between Turkey And The European Union, Marija Đorđeska

Dr Marija Dordeska

The spirit of Alexander the Great still stirs ghosts between Greece and the Republic of Macedonia. Macedonia is on its way to the EU and Greece represents an obstacle for these processes in the aftermath of the name dispute and the Greek veto on the Macedonian membership in NATO and the European Union. The major asset Greece has in regards to Macedonia is the veto power over the future accession talks Macedonia could have with international organizations, especially with the European Union. Instead of Greece taking Macedonia under its wing, Macedonia continues to be perceived as a threat to Greek …

Bugs For Sale: Legal And Ethical Proprieties Of The Market In Software Vulnerabilities, Taiwo Oriola

Taiwo Oriola

Software vulnerabilities are inherent errors or mistakes in software programming and designs, and arguably the weakest link in digital information architecture with high propensity for rendering information systems infrastructure susceptible to compromise and hacking. Given the increasing reliance of the global economy on digital platforms with concomitant imperatives for securing sensitive intelligence, business and personal data, the need for continual corrective patch of perennially recurring critical software bugs is at once urgent and sacrosanct. This has precipitated research and a thriving market in software vulnerabilities, an integral element of the burgeoning multi-million dollars information security industry that epitomizes the externalization …

The Place Of Law: The Role And Limits Of Law In Society, Larry Barnett

Larry D Barnett

The Place of Law addresses two questions that are critical to understanding law. Why is law an evidently universal, enduring institution in modern societies? And why do the concepts and doctrines of law differ between jurisdictions (states or nations) at one point in time and vary within a jurisdiction over time? In this stimulating volume, Barnett suggests answers to these questions, and in doing so, he challenges popular assumptions regarding law in structurally complex, technologically advanced, democratic societies. In particular, Barnett questions the assumption that social behaviors central to such societies are effectively controlled by law and the assumption that …

The Fall-Out From Emerging Technologies: On Matters Of Surveillance, Social Networks And Suicide, M.G. Michael, Katina Michael

Professor Katina Michael

No abstract provided.

Avanzando En La Integración De América Latina: Elementos Jurídico - Económicos Para La Construcción De Una Propuesta En Materia De Convergencia, Iván A. Rojas V

Iván Rojas V

Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn

Michael E Lewyn

PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw

Cheng L Saw

No abstract provided.

Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.

Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong

Cheng L Saw

No abstract provided.

Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh

Cheng L Saw

On 16 November 2004, the Singapore Parliament passed the Copyright (Amendment) Act (Act 52 of 2004) to amend the Copyright Act 1987 (the 'Act').1 These amendments, being the most extensive since the Act was last revised in 1999 and passed pursuant to Singapore’s obligations under the IP Chapter of the United States – Singapore Free Trade Agreement ('USSFTA'), came into force in Singapore on 1 January 2005. Not long before this, Parliament had already amended the Act by increasing the term of protection for authors' works to life plus 70 years (up from 50 years) and for sound recordings, cinematograph …

Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw

Cheng L Saw

No abstract provided.

Is Anns Alive And Well In Singapore?, Cheng Lim Saw

Cheng L Saw

No abstract provided.

The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier

Chad J McGuire

Researching Trafficked Women: On Institutional Ressistance And The Limits Of Feminist Reflexivity, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle

Michelle Madden Dempsey

This article exposes methodological barriers we encountered in a small research project on women trafficked for the purpose of sexual exploitation and our attempts, drawing on feminist and emergent methods, to resolve them. It critically assesses the role of institutional gatekeepers and the practical challenges faced in obtaining data directly from trafficking victims. Such difficulties, it suggests, spring at least in part from lingering disagreements within the feminist academic, legal, and advocacy communities regarding the nature, extent and definition of trafficking. They also reveal concerns from policy makers and practitioners over the relevance and utility of academic research. While feminist …

Lessons From Movements For Rights Regarding Sexual Orientation In The Arab World” In Monshipour, Anthony Chase

Anthony Chase

No abstract provided.

Cutting Across Media : Appropriation Art, Interventionist Collage, And Copyright Law, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Creative License - The Law And Culture Of Digital Sampling, Kembrew Mcleod, P. Dicola

Kembrew McLeod

The golden age of sampling -- A legal and cultural history of sound collage -- The competing interests in sample licensing -- Sampling lawsuits : hip-hop goes to court -- The sample clearance system : how it works (and how it breaks down) -- Consequences for creativity : an assessment of the sample clearance system -- Proposals for reform

Media And Environmental Politics In East Asia, Mary Alice Haddad

Mary Alice Haddad

No abstract provided.

Labeling The Victim Of Sex Trafficking: Exploring The Borderland Between Rhetoric And Reality, Michelle Dempsey, Mary Bosworth, Carolyn Hoyle

Michelle Madden Dempsey

In this article we discuss findings from a small scoping study into the experiences of victims of trafficking and those who work with them. We use testimonies from our interviews to examine issues of choice, slavery and escape. We challenge some of the current language and terminology in the literature on trafficking and call for a more nuanced appreciation of the relationship between agency and victimization.

On Pranks, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject To Criminal Punishment And To Preventive Detention, Ken Levy

Ken Levy

How should we judge psychopaths, both morally and in the criminal justice system? This Article will argue that psychopaths are generally not morally responsible for their bad acts simply because they cannot understand, and therefore be guided by, moral reasons.

Scholars and lawyers who endorse the same conclusion automatically tend to infer from this premise that psychopaths should not be held criminally punishable for their criminal acts. These scholars and lawyers are making this assumption (that just criminal punishment requires moral responsibility) on the basis of one of two deeper assumptions: that either criminal punishment directly requires moral responsibility or …

How The European Legal System Works - And Does Not Work: Override, Non-Compliance, And Majoritarian Activism In International Regimes, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Producing Law For Innovation, Gillian K. Hadfield

Gillian K Hadfield

In this chapter I first discuss why we need to think of legal infrastructure as economic infrastructure requiring focused economic policymaking, what is wrong with our existing legal infrastructure and why we need to change our modes of legal production. I then set out a vision of what greater reliance on market-based production of legal infrastructure could look like. Finally, I suggest some concrete steps that policymakers can take to move us toward a more open, competitive system of legal production. These include 1) opening up access to the provision of legal services, such as by establishing a federal licensing …

Fiscal Federalism In Chinese Taxation, Wei Cui

Wei Cui

The legal debate about the decentralization of taxing power in China has mainly centered around a directive issued by the State Council at the end of 1993, which directive, at the same time as launching the well-known and widely-discussed tax reform of 1994, announced that legislative power regarding taxation would be reserved exclusively for the central government. This directive has no constitutional basis, and its subsequent statutory incarnations are all either incomplete or ambiguous. Moreover, in the adoption of tax regulations for many types of taxes, there have been numerous deviations from this principle of centralization, and the bearing of …