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Articles 1 - 15 of 15
Full-Text Articles in Law
In The Shadow Of Gaslight: Reflections On Identity, Diversity, And The Distribution Of Power In The Academy, Cyra Akila Choudhury
In The Shadow Of Gaslight: Reflections On Identity, Diversity, And The Distribution Of Power In The Academy, Cyra Akila Choudhury
Faculty Publications
This essay explores identity and diversity in the Academy through the work of feminist philosopher, Sara Ahmed. It makes two interventions. First, it sketches the use of identity politics from the 1980s and 1990s as a tool of resistance against assimilation and erasure to its current uses sometimes as a tool of discipline within minority groups. Second, it raises the problem of the cooptation of identity by institutions to maintain the status quo. In the hands of institutions and as a metric for progress, diversity can mask ongoing subordination and create doubt in the minds of minorities about whether what …
Prioritising Human Development In African Intellectual Property Law, J. Janewa Oseitutu
Prioritising Human Development In African Intellectual Property Law, J. Janewa Oseitutu
Faculty Publications
The global intellectual property structure has been criticised for requiring developing nations to adopt intellectual property standards that are appropriate for industrialised countries. Some commentators have observed that industrialised nations, such as the United States, developed their economies by borrowing from others, but that through the use of globalised intellectual property standards, they have effectively limited other nations from doing the same. This article does not aim to revisit the question of the suitability of the existing intellectual property standards for developing countries. Nor does it seek to analyse whether, as a general proposition, intellectual property rights should be expanded …
99 Problems And The Bitchin' Is One: A Pragmatist's Guide To Student-Edited Law Reviews, Joelle A. Moreno
99 Problems And The Bitchin' Is One: A Pragmatist's Guide To Student-Edited Law Reviews, Joelle A. Moreno
Faculty Publications
No abstract provided.
Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa
Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa
Faculty Publications
The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as …
The History Of The Florida Supreme Court, M C. Mirow
The History Of The Florida Supreme Court, M C. Mirow
Faculty Publications
This article describes the challenges to writing the history of Florida's colonial courts in the Spanish and British periods from 1513 to 1821. These courts are an important yet understudied aspect of Florida legal history.
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Oseitutu
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Oseitutu
Faculty Publications
This Article compares the natural rights property framework with the human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition, but they appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Advocates of a human rights approach to intellectual property contend, however, that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …
Economic Coercion And The Limits Of Sovereignty: Cuba’S Embargo Claims Against The United States, Jose Gabilondo
Economic Coercion And The Limits Of Sovereignty: Cuba’S Embargo Claims Against The United States, Jose Gabilondo
Faculty Publications
While scholars and journalists have written exhaustively about the property claims against Cuba certified by the U.S. Foreign Claims Settlement Commission, little attention has been paid to Cuba’s public international law claim against the United States for embargo losses caused by its unilateral sanctions. As a result of the normalization process between the two countries that began in 2014, resolving both the property claims and the embargo claim has become a diplomatic priority. While conceding the doctrinal limitations under existing authorities, this paper critically evaluates Cuba’s claim and presents strong legal support for it.
Public international law provides no exact …
Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, J. Janewa Oseitutu
Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, J. Janewa Oseitutu
Faculty Publications
Global copyright and trademark laws protect symbols, names, and literary and artistic works. However, when their primary significance is cultural, because they are neither individual original works nor symbols that are used as commercial identifiers, intellectual property laws do not protect these symbols or artistic works. This is true, even if these goods are protected under national laws as part of that nation’s cultural heritage. Once these cultural goods cross borders, there is no international law that will enable the country from which these goods originate to assert its rights in other countries. This Article characterizes these cultural goods as …
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu
Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles, 18.71-18.76), J. Janewa Osei-Tutu
Faculty Publications
No abstract provided.
Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter
Patriarchy, Not Hierarchy: Rethinking The Effect Of Cultural Attitudes In Acquaintance Rape Cases, Eric R. Carpenter
Faculty Publications
Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the institutions that process these cases, then those institutions may process these cases in ways that favor the man. In 2010, Dan Kahan published Culture, Cognition, and Consent, a study on how people evaluate a dorm room rape scenario. He found that those who endorsed a stratified, hierarchical social order were more likely to find that the man should not be found guilty of …
The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie
The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie
Faculty Publications
Recent amendments to the Rules of Procedure and Evidence for the International Criminal Court (“ICC”) give Trial Chambers the discretion to admit unexamined, party-generated witness statements in lieu of live testimony. The use of this evidence—which undermines the right of confrontation and prevents the judges from independently assessing witness credibility—is now a hotly contested issue in each of the Court’s ongoing trials. As ICC judges grapple with the thorny question of how to implement these new provisions without undermining the right to a fair trial, this Article, which is the first to examine the rule amendments and their early implementation, …
Outside But Within: The Normative Dimension Of The Underworld In The Television Series “Breaking Bad” And “Better Call Saul”, Manuel A. Gomez
Outside But Within: The Normative Dimension Of The Underworld In The Television Series “Breaking Bad” And “Better Call Saul”, Manuel A. Gomez
Faculty Publications
No abstract provided.
Who Belongs: Citizenship And Statelessness In The Dominican Republic, Ediberto Román, Ernesto Sagás
Who Belongs: Citizenship And Statelessness In The Dominican Republic, Ediberto Román, Ernesto Sagás
Faculty Publications
No abstract provided.
Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas
Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas
Faculty Publications
Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country’s woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would “end birthright citizenship.” In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican citizenship …
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Police Misconduct, Video Recording, And Procedural Barriers To Rights Enforcement, Howard M. Wasserman
Faculty Publications
The story of police reform and of "policing the police" has become the story of video and video evidence, and "record everything to know the truth" has become the singular mantra. Video, both police-created and citizen-created, has become the singular tool for ensuring police accountability, reforming law enforcement, and enforcing the rights of victims of police misconduct. This Article explores procedural problems surrounding the use of video recording and video evidence to counter police misconduct, hold individual officers and governments accountable, and reform departmental policies, regulations, and practices. It considers four issues: 1) the mistaken belief that video can "speak …