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Full-Text Articles in Law
Europe: Open Market… Open Source?, Heather Forrest
Europe: Open Market… Open Source?, Heather Forrest
Duke Law & Technology Review
The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry for individual programmers and small and medium enterprises -- as it must be within the framework of the European Treaty -- then the European Commission should not be expanding intellectual property rights in technology goods, which, by their very nature, will lose value to the public long before their monopoly rights expire. Rather, the Commission should look to the open source movement and …
Response To Carrie Menkel-Meadow's Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Wallace Warfield
Journal of Dispute Resolution
In this article, I would like to first spend a little time clarifying (or perhaps muddying) what is meant by "domestic" and "international" when people talk about conflicts and how they are resolved. Geographical and content-defining terms tossed about cavalierly say more about competing hierarchies and elitism than functional geopolitical designations. Next, I will suggest that part of the problem is how we locate theory in this debate: What kinds of theories lend themselves to generalization and which ones do not? And does the problem lay with the theory or the theory interpreter?
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition, Jacqueline Nolan-Haley, Bronagh Hinds
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition, Jacqueline Nolan-Haley, Bronagh Hinds
Journal of Dispute Resolution
Women's peacemaking skills have long empowered them as voices for reconciliation in divided societies 8 and therefore, the role of women in preventive diplomacy, conflict resolution, and post conflict reconstruction is widely advanced today. Although historically women are credited with being actively involved in peacemaking efforts at the grassroots level during periods of conflict,' ° they are not generally considered to play a significant role in formal peace negotiations.' Northern Ireland proved to be an exception.'
Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow
Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow
Journal of Dispute Resolution
Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11, 2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to …
Taking Dispute Resolution Theory Seriously At Home And Abroad: Prospects And Limitations, Bryant G. Garth
Taking Dispute Resolution Theory Seriously At Home And Abroad: Prospects And Limitations, Bryant G. Garth
Journal of Dispute Resolution
Carrie Menkel-Meadow's splendid discussion of dispute resolution theory operates at several levels.' One level involves a questioning of the international applicability of U.S. dispute resolution theory. She shows that our theory is in many respects parochial-not necessarily capable of explaining or even contributing to shaping dispute resolution behavior outside the United States. For the theory to make any claim to universality, she suggests, it must take into account very different settings and perhaps even develop counter models applicable to some places but not others. A more context sensitive theory, she argues, can move us beyond concepts and approaches uncritically derived …
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx
Duke Law & Technology Review
This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper's main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely …
From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith
From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith
Duke Law & Technology Review
The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA's and Motion Picture Association of America's (MPAA) legal efforts against Kazaa, a foreign-based …
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Fordham Journal of Corporate & Financial Law
No abstract provided.
“More Than Their Share Of Sorrows”: International Migration Law And The Rights Of Children, Jacqueline Bhabha
“More Than Their Share Of Sorrows”: International Migration Law And The Rights Of Children, Jacqueline Bhabha
Saint Louis University Public Law Review
No abstract provided.
Ending Child Labor: A Role For International Human Rights Law?, James J. Silk, Meron Makonnen
Ending Child Labor: A Role For International Human Rights Law?, James J. Silk, Meron Makonnen
Saint Louis University Public Law Review
No abstract provided.
Child Protection Units In The Philippines: Utilizing International And National Law To Provide Comprehensive Services To Abused Children, Tracy Reynolds
Child Protection Units In The Philippines: Utilizing International And National Law To Provide Comprehensive Services To Abused Children, Tracy Reynolds
Saint Louis University Public Law Review
No abstract provided.
Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner
Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner
ILSA Journal of International & Comparative Law
Simulations can be used as educational exercises that enable students in the classroom to appreciate better the difficulties and nuances of legal issues affecting international relations.
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
ILSA Journal of International & Comparative Law
Unquestionably, there is growing interest in the subject of international law at several educational levels and among a broad constituency of students.
The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King
The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King
ILSA Journal of International & Comparative Law
On September 11, 2001, a network of terrorists hijacked four commercial airliners and crashed them into the World Trade Center and Pentagon, killing and injuring thousands of Americans, as the world watched in shock and disbelief.
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
ILSA Journal of International & Comparative Law
Faraway from the frightening attacks on the World Trade Center and the Pentagon, a wall next to a mosque in Northern England reads, "Avenge USA - kill a Muslim now.
Teaching International Law: Beyond The Law School Experience, Charlotte Ku
Teaching International Law: Beyond The Law School Experience, Charlotte Ku
ILSA Journal of International & Comparative Law
As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law
ILSA Journal of International & Comparative Law
The World Trade Organization (WTO) was formed in order to establish a set of international rules and norms for conducting trade among nations.
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Slowing Down The Speed Of Sound: A Transatlantic Race To Head Off Digital Copyright Infringement, Eleanor M. Lackman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Not All Politics Is Local: The New Chapter 15 To Govern Cross-Border Insolvencies, Elizabeth J. Gerber
Fordham Law Review
No abstract provided.
Improving Fundamental Rights Protection In The European Union: Resolving The Conflict And Confusion Between The Luxembourg And Strasbourg Courts, Joseph R. Wetzel
Improving Fundamental Rights Protection In The European Union: Resolving The Conflict And Confusion Between The Luxembourg And Strasbourg Courts, Joseph R. Wetzel
Fordham Law Review
No abstract provided.
All Is Not Fair In The Privacy Trade: The Safe Harbor Agreement And The World Trade Organization, Eric Shapiro
All Is Not Fair In The Privacy Trade: The Safe Harbor Agreement And The World Trade Organization, Eric Shapiro
Fordham Law Review
No abstract provided.
The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
NYLS Law Review
No abstract provided.