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2014

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Articles 211 - 224 of 224

Full-Text Articles in Law

Intellectual Property Rights Protection In The Field Of E-Learning, Mohamed S. Asadek Jan 2014

Intellectual Property Rights Protection In The Field Of E-Learning, Mohamed S. Asadek

Mohamed S Abdel Sadek

In the field of providing e-learning services, educational institutions often deal with protected works in accordance with intellectual property regulations. This dealing, from our point of view, does not go beyond three assumptions: The first assumption: The educational institution is the owner of the rights contained in those works, whether due to preparing it within the framework of collective works, or due to purchasing the financial rights contained in them. The second assumption: The educational institution legitimately use the protected works for the purpose of educational illustration, or for the purpose of criticism and analysis, without the need to obtain …

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The Federal Government’S History In Public Education: Massive Reform Efforts For Political And Corporate Enhancement, Brett A. Geier Jan 2014

The Federal Government’S History In Public Education: Massive Reform Efforts For Political And Corporate Enhancement, Brett A. Geier

Brett A Geier

The role of the federal government in public education was purposefully absent in the formation of the United States Constitution. The Tenth Amendment delegated the power of educating the citizenry to each individual state. Therefore, each state in the nation has its own distinctive clause governing public education. The federal government's role was periphery at best. In 1965, President Johnson sought to mitigate poverty with an infusion of federal dollars for the nation's neediest students. As more funds were allocated by the federal government, the more restrictions and requirements were placed on schools. This accountability paradigm opened the door for …

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Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir Jan 2014

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

Isaac Kfir

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture. Additionally, they also argue that women’s issues exist within the private realm. Accordingly, they assert that such reforms are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. Using the notion of …

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Paroline, Restitution, And Transferred Scienter: Child Pornography Possessors And Restitution Based On A Commerce-Clause Derived, Aggregate Proximate Cause Theory., Adam Lamparello, Charles Maclean Jan 2014

Paroline, Restitution, And Transferred Scienter: Child Pornography Possessors And Restitution Based On A Commerce-Clause Derived, Aggregate Proximate Cause Theory., Adam Lamparello, Charles Maclean

Adam Lamparello

This Article responds to the Fifth Circuit’s decision in In re Amy Unknown, which is before the United States Supreme Court on granted writ of certiorari. This Article poses a more logical and legal construct, derived from Commerce Clause analysis, that although each individual possessor of child pornography appears to contribute almost imperceptibly to the original victim’s harm, instead, on an aggregate proximate cause theory, the original victim would not have been victimized at all had there been no aggregate market of willing possessors for the material. Victims of child pornography, under the federal statute, and via aggregate proximate cause, …

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The Depth Of The Trade In Services Agreement, Harold Godsoe Jan 2014

The Depth Of The Trade In Services Agreement, Harold Godsoe

Harold Godsoe

The setting against which plurilateral negotiations toward a new Trade in Services Agreement (TISA) are taking place is frustration. Service liberalization from GATS to bilateral PTAs to the Doha round have proven difficult and/or ineffective. The glaring and unexamined question is: why? This paper examines the current trade literature for what is known about TISA to date and subjects that information to a feasibility analysis for trade in service agreements. My goal is to understand what went wrong in previous attempts to liberalize services and/or trade and, consequently, what might being going wrong in TISA, and how it might be …

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Inhibiting Patent Trolling: A New Approach For Applying Rule 11, Eric J. Rogers, Young Jeon Jan 2014

Inhibiting Patent Trolling: A New Approach For Applying Rule 11, Eric J. Rogers, Young Jeon

Eric J Rogers

The existing Rule 11 of the FRCP can be immediately harnessed to help solve the patent troll, nuisance-lawsuit problem. Currently there is the perception that too many litigious entities, commonly referred to as “patent trolls,” are creating too much dead-weight economic waste in society. The popular view is that there has been an alarming rise in the number of patent trolls that make no products but try to monetize patents by filing dubious patent infringement lawsuits merely to extract money from commercially productive companies that actually make products and use technologies for society’s benefit. Defining “patent troll” is probably too …

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An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort Jan 2014

An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort

Allison G Kort

ABSTRACT An Imminent Substantial Disruption: Toward a Uniform Standard for Balancing the Rights of Students to Speak and the Rights of Administrators to Discipline. By Allison Kort Twenty-five years before the Supreme Court’s landmark school speech decision in Tinker v. Des Moines, 393 U.S. 503, 504 (1969), the Court cautioned against placing too much discretion in the hands of school boards. In Tinker, when students wore black armbands to protest the Vietnam War, the Supreme Court determined that student speech may not be censored when the record demonstrates no facts which would reasonably have led school authorities to forecast a …

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Rebuttable Presumption Of Public Interest In Protecting The Public Health—The Necessity For Denying Injunctive Relief In Medically Related Patent Infringement Cases After Ebay V. Mercexchange, Lance E. Wyatt Jr. Jan 2014

Rebuttable Presumption Of Public Interest In Protecting The Public Health—The Necessity For Denying Injunctive Relief In Medically Related Patent Infringement Cases After Ebay V. Mercexchange, Lance E. Wyatt Jr.

Lance E Wyatt Jr.

The public’s interest in medicine and good health is substantial. However, this interest is harmed when important medical devices or pharmaceuticals, although infringing on valid patents, are suddenly taken off the market after a court grants a permanent injunction. While permanent injunctions were automatically granted by the Federal Circuit before the Supreme Court’s holding in eBay v. MercExchange, courts now have more discretion to deny injunctive relief. Now that courts have this newfound discretion after eBay, the public should no longer expect to be harmed by the sudden removal of medical supplies. Unfortunately, this has not been the course that …

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Admission Of Guilt: Sinking Teeth Into The Sec's Sweetheart Deals, Larissa Lee Jan 2014

Admission Of Guilt: Sinking Teeth Into The Sec's Sweetheart Deals, Larissa Lee

Larissa Lee

Throughout its existence, the Securities and Exchange Commission (SEC) has allowed defendants to settle cases without admitting to the allegations of wrongdoing. This “neither admit nor deny” policy has received heavy criticism by judges, Congress, and the public, especially in the wake of the 2008 financial crisis. On June 18, 2013, SEC Chairman Mary Jo White announced the agency’s intention to require admissions of guilt in certain cases. While Chairman White did not articulate a clear standard of when admissions would be required, she did say that the agency would focus on the egregiousness of the defendant’s conduct and the …

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The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler Jan 2014

The Right To An Exclusively Religious Education – The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler

Gila Stopler

The ultra-Orthodox Jewish community in Israel has its own separate education system which is funded by the state and in which boys are given an exclusively religious education with almost no exposure to secular subjects or to civic education. At the same time that the Israeli Supreme Court was scheduled to rule that the state may not continue to fund ultra-Orthodox private schools that do not teach the national core curriculum the Israeli parliament passed the Unique Cultural Educational Institutions Act which upholds the right of the ultra–Orthodox community to give their boys an exclusively religious education funded by the …

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Shootings On Campus: Successful Section 1983 Suits Against The School?, Susan S. Bendlin Jan 2014

Shootings On Campus: Successful Section 1983 Suits Against The School?, Susan S. Bendlin

Susan S. Bendlin

Shootings on school campuses have shocked the public time and time again. In January of 2013 alone, eight school shootings occurred and half took place on college or university campuses. This Article explores a university’s potential liability for school shootings by examining one potential avenue for legal relief -- the federal cause of action that an injured victim or the estate of a deceased victim may bring under 42 U.S.C. §1983 (2006). The specific constitutional right implicated in section 1983 school shooting suits is a Fourteenth Amendment substantive Due Process right. The Due Process Clause of the Fourteenth Amendment provides …

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Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael Buenger Jan 2014

Human Rights Conventions And Reservations: An Examination Of A Critical Deficit In The Cedaw, Michael Buenger

Michael Buenger

Human rights agreements like CEDAW contain language that seeks to inspire and establish the legal boundaries of state action with regards to protected rights. Such agreements also contain reservation provisions that enable states to join an agreement and simultaneously exempt themselves from the very substantive goals the agreement seeks to achieve. In the past, the issue of reservation compatibility has been treated as political questions under an objection process. Establishing a mechanism for testing reservation compatibility before the ICJ is a better means of ensuring that states do not nonchalantly exempt themselves from human rights obligations through reservations.

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Achieving The American Bar Association's Pedagogy Mandate: Empowerment In The Midst Of A Perfect Storm, Cara Cunningham Warren Jan 2014

Achieving The American Bar Association's Pedagogy Mandate: Empowerment In The Midst Of A Perfect Storm, Cara Cunningham Warren

Cara Cunningham Warren

The ongoing crisis in legal education has prompted calls for fundamental reform. In August 2014, the American Bar Association responded by implementing new law school accreditation standards that mark a "quantum shift” in our educational philosophy—a new pedagogy mandate that shifts our center from what is taught to what students learn.Of all reform measures, the mandate may be one of the best chances law schools and their graduates have in the face of the “Perform Storm” raging in legal education. Ironically, successful implementation remains an open question, in part because of the traditional nature of law schools and their resistance …

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Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown Jan 2014

Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown

Timothy Brown

The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates the …

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