Law Commons^™

Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire

Chad J McGuire

Brain And Law: An Eeg Study Of How We Decide Or Not To Implement A Law, Armando Rocha, Eduardo Massad, Fábio Rocha, Marcelo Buratini

Armando F Rocha

Brazil has introduced a referendum regarding the prohibition of firearm commerce and propaganda arguments has invoked socially and personally driven issues in the promotion of voting in favor of and against firearm control, respectively. Here, we used different techniques to study the brain activity associated with a voter’s perception of the truthfulness of these arguments and their influence on voting decisions. Low Resolution Tomography was used to identify the possible different sets of neurons activated in the analysis of the different types of propaganda. Linear correlation was used to calculate the amount information provided by different electrodes about how these …

Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire

Chad J McGuire

Teaching Factual Investigation Skills In Legal Studies Courses, Patricia Bravender, Ruth Stevens

Patricia Bravender

This presentation demonstrated how a legal studies professor collaborated with a former paralegal who is a liaison librarian to develop and incorporate factual investigation assignments into legal studies courses. The presentation provided lesson plans for factual investigation that can be easily incorporated into a variety of legal studies classes. These plans can be updated and personalized based on resources available to any program.

Toward A Typology Of Wildlife Crime Offenders, Greg Warchol

Greg Warchol

No abstract provided.

On Patenting Human Organisms Or How The Abortion Wars Feed Into The Ownership Fallacy, Yaniv Heled

Yaniv Heled

The idea of ominous technologies that put human individuals or parts of their bodies under someone else's control has been stirring emotions and terrifying people for centuries. It was a recent offshoot of this idea--the notion of “patenting humans”--that mobilized certain members of Congress to pass legislation prohibiting the issuance of patent claims “directed to or encompassing a human organism.” The values underlying this legislation may well have been agreeable, even admirable. Yet, the actual motivation for it was misguided; its execution, deeply flawed; its potential outcomes, hazardous

This Article reviews the history and background of this prohibition. It fleshes …

Alter Rules Of Liability, Yaniv Heled

Yaniv Heled

No abstract provided.

Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire

Chad J McGuire

Real World In The Classroom, Marci Johnson, Jonathan Bull, Derrick Carter, Michael Hagenberger

Jonathan Bull

This panel will discuss creating integrating real world projects into the classroom environment. Panelists include Marci Johnson (English), Jonathan Bull (Library Services), Derrick Carter (School of Law), and Michael Hagenberger (College of Engineering).

The Quistclose Trust In Singapore, Alvin W. L. See

Alvin W-L See

This article examines the development of the Quistclose trust in Singapore by reference to the wider discourse on the subject. Besides addressing some of the common issues relating to the finding of a Quistclose trust, this article also examines two of the judicially recognized Quistclose analyses (the dual trust analysis and the Twinsectra analysis) and suggests factors that should be taken into account in deciding which to adopt in a particular case.

Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.

The Courts And The Media: Challenges In The Era Of Digital And Social Media, Patrick Keyzer, Jane Johnston, Mark Pearson

Jane Johnston

The jury system is under threat, as jurors turn to Google and defy instructions to stick to the evidence. The news media struggle with inconsistent suppression orders. Judges wonder how to insulate justice from Twitter and Facebook. The eminent contributors to this book are Chief Justices, journalists, News Ltd’s former CEO, legal scholars and court officials. They see the anxieties from different viewpoints - and the opportunities as well - but none are under illusions about how serious (and complex) the issues are becoming.

The Limits Of Regulatory Science In Transnational Governance Of Transgenic Plant Agriculture And Food Systems, Taiwo Oriola

Taiwo Oriola

The current national and transnational regulatory and policy framework for transgenic plant agriculture and food is arguably largely defined by science. Notably, transgenic plant agriculture policy deference to science is ostensibly premised on the general perception that science is neutral, objective, reliable, and agnostic. This is exemplified by cases ranging from Alliance for Bio-integrity v Donna Shalala, European Communities: Measures Affecting the Approval and Marketing of Biotech Products, to European Commission v Republic of Poland, in which conscientious, ethical, religious, and cultural oppositional grounds to transgenic plant agriculture and food were trumped by scientific imperatives. However, the lack of unanimity …

Paradoxes Of Democratisation: Environmental Politics In East Asia, Mary Alice Haddad

Mary Alice Haddad

This chapter examines environmental politics in four polities that run the full spectrum of political regimes: mainland China (authoritarian), South Korea and Taiwan (newly democratic), and Japan (mature democracy). The chapter argues that variation in environmental politics in each place resulted primarily from the timing of their environmental movements, with subsequent movements learning from predecessors and gaining increasing access to global NGO networks. Paradoxically, when environmental movements became linked to democratization movements (in South Korea and Taiwan), they also became linked to political parties, which hindered access to government policymaking when non-allied parties were in power.

Equitable Sharing: Distributing The Benefits And Detriments Of Democratic Society, Thomas Kleven

Thomas Kleven

The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that the Supreme Court also has a meaningful role to play in the dialogue over the requirements …

Witness Response Manipulation Through Strategic "Non-Leading" Questions (Or The Art Of Getting The Desired Answer By Asking The Right Question), Sydney Beckman

Sydney A. Beckman

No abstract provided.

‘The Dirty War Index: Linking International Humanitarian Law, Public Health And Policy.’, M Hicks

Madelyn Hsiao-Rei Hicks

No abstract provided.

Places, Products, And People "Make Each Other Up": Culture Cycles Of Self And Well-Being, Victoria Plaut

Victoria Plaut

In this chapter, we first analyze how four U.S. regions (West, Northeast, Midwest, South) each produces their own culture cycle, and we then consider how place intersects with both race and class (Latinos in the Southwest, Asians in the Pacific region, Blacks in industrial northern cities, and rural Appalachians). We organize each analysis around a geographic unit and its associated historically shaped ideas and values, a set of products and practices that residents of that place create and come into frequent contact with (e.g., promotional material for universities, websites, personal ads), and residents’ psychological tendencies related to self and well-being

U.S.-Latin American Free Trade Agreements And Access To Medicine, Dominique Lochridge-Gonzales

Dominique Lochridge-Gonzales

U.S.-Latin American Free Trade Agreements and Access to Medicine analyzes the effects of FTA provisions on access to medicine. Access to medicine lies at the heart of the crossroads between the international human right to health and international intellectual property law delineated in TRIPS. True availability of essential medicines to millions of people depends on a balance between the formations of these medicines in the first place (through rewarding innovation) and promulgating rules that allow for practicable access to those medicines. FTAs provide a method for implementing the right to health by fostering practicable access to essential medicines in the …

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?

Foro: Los Aportes De La Sana Antropologia Y Su Incidencia En Los Derechos De La Infancia Y La Adolescencia®, Daniel Fernando Gómez Tamayo

Daniel Fernando Gómez Tamayo.PhD Canon Law

Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik

Warren Bartholomew Chik

In this article, the authors revisit the origins and purpose of the law on authorising infringement and propose that the word “authorise” should bear the dictionary meaning of “sanction, approve, countenance”, in lieu of the phrase “grant or purported grant” as adopted in the CBS Songs Ltd v Amstrad Consumer Electronics plc ([1988] AC 1013) decision. The authors will also examine a non-exhaustive list of factors for determining authorisation liability. The suggested approach seeks to expand the scope of indirect copyright liability in Singapore, which is necessary in the face of increasing incursions into the sphere of copyright protection.

How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?

Table Annexed To Article: Our Constitutional Kinesis: Words That Can Go Like A Machine, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Americans have long been known for their appreciation of the kinetic effort involved in writing constitutional text, as long as the work begun at York, Pa (October, 1777) is subordinated to that commenced at Philadelphia (May, 1787). Gathered in one place are selected ‘machine’ quotes by which text itself is ennobled as automaton. OCL lists and reports for further investigation into this phenomenon.

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

National Legislators Appraise Their World: A Comparison Of Us And Uk Text Writers (1801/1802), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Parliament (primary text writer, the House of Commons) produced 26,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By happy coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,687 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.

Wie Featured Person Of The Month Highlights (Katina Michael), Keyana Tenant, Katina Michael

Professor Katina Michael

The WIE Featured Person of the Month is Katina Michael, editor-in-chief of IEEE Technology and Society Magazine. After working at OTIS Elevator Company and Andersen Consulting, Katina was offered and exciting graduate engineering position at Nortel in 1996; and her career has been fast track from there. Read Katina’s story on Page 7.

Legitimizing Human Rights: Beyond Mythical Foundations And Into Everyday Resonances, Anthony Chase

Anthony Chase

No abstract provided.

Human Rights And The Challenge Of Foundations (Review Essay), Anthony Chase

Anthony Chase

No abstract provided.

Protecting Employee Rights And Prosecuting Corporate Crimes: A Proposal For Criminal Cumis Counsel, Josephine Sandler Nelson

J.S. Nelson