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Articles 1 - 30 of 39
Full-Text Articles in Law
Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, João Quintais
Submission To Canadian Government Consultation On A Modern Copyright Framework For Ai And The Internet Of Things, Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, João Quintais
Testimony and Submissions
We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.
Empirical research shows that more publication of citable research takes place in countries with “open” …
Symposium: Expanding Compassion Beyond The Covid-19 Pandemic, Jenny Roberts
Symposium: Expanding Compassion Beyond The Covid-19 Pandemic, Jenny Roberts
Articles in Law Reviews & Other Academic Journals
Compassionate relief matters. It matters so that courts may account for tragically unforeseeable events, as when an illness or disability renders proper care impossible while a defendant remains incarcerated, or when family tragedy leaves an inmate the sole caretaker for an incapacitated partner or minor children. It matters too, as present circumstances make clear, when public-health calamities threaten inmates with literal death sentences. It matters even when no crisis looms, but simply when continued incarceration would be "greater than necessary" to achieve the ends of justice.
The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig
The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig
Joint PIJIP/TLS Research Paper Series
No abstract provided.
The Chilling Effect Of Copyright Permissions On Academic Research: The Case Of Communication Researchers, Patricia Aufderheide
The Chilling Effect Of Copyright Permissions On Academic Research: The Case Of Communication Researchers, Patricia Aufderheide
Joint PIJIP/TLS Research Paper Series
Communications researchers in the U.S., who routinely analyze copyrighted material, both qualitatively and quantitatively, face challenges from strict copyright. The doctrine of fair use permits some unpermissioned use of copyrighted works. Survey research shows that researchers routinely need access to copyrighted material; that they are often unsure or confused, even unknowing, about fair use; and that this lack of knowledge and/or familiarity leads to both failure to execute and failure to initiate, or “imagination foregone.” Creating a best practices code has improved knowledge but more institutional change is needed for knowledge to inform action.
The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo
The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo
Joint PIJIP/TLS Research Paper Series
International and domestic copyright law reform around the world is increasingly focused on how copyright exceptions — a.k.a. “user rights” —should be expanded to promote maximum innovation, creativity, and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We are developing such a tool, which we …
A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais
A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais
Articles in Law Reviews & Other Academic Journals
Yemen's 2013-2014 National Dialogue Conference paved the way for Yemen to transition from a unitary to federal system of government. This is a common trajectory for States emerging from conflict as federalism offers the hope for greater democratic governance and inclusivity. Nevertheless, there is a danger in assuming that there is an ideal federal model to emulate or that federalism is itself a guaranteed remedy for political dysfunction and authoritarianism. Transitioning to federalism is an arduous, expensive, and technically complicated process. Such transitions can also renew conflict if, prior to the drafting of the federal constitution, key issues related to …
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins
Kidnapping Incorporated: The Unregulated Youth-Transportation Industry And The Potential For Abuse, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Strangers come into a child's room in the middle of the night, drag her kicking and screaming into a van, apply handcuffs, and drive her to a behavior modification facility at a distant location. What sounds like a clear-cut case of kidnapping is complicated by the fact that the child's parents not only authorized this intervention, but also paid for it. This scarcely publicized practice-known as the youth-transportation industry-operates on the fringes of existing law. The law generally presumes that parents have almost unlimited authority over their children, but the youth-transportation industry has never been closely examined regarding exactly what …
Library In The Clouds: Cloud Computing And Its Impact On Library Services, Christine K. Dulaney
Library In The Clouds: Cloud Computing And Its Impact On Library Services, Christine K. Dulaney
Articles in Law Reviews & Other Academic Journals
No abstract provided.
No Student Left Behind: Ensuring The Accessibility Of Reading Technologies At Universities, Gary C. Norman
No Student Left Behind: Ensuring The Accessibility Of Reading Technologies At Universities, Gary C. Norman
The Modern American
The author discusses the perspective of blind and vision impaired persons in relation to the introduction of emerging technologies. If they are not accessible to all students, such technology will impede an equal education of students with disabilities.
A Modern Twist On The Prison Industrial Complex, Isis Goldberg
A Modern Twist On The Prison Industrial Complex, Isis Goldberg
The Modern American
The author discusses a new NPR article, “Prison Economics Help Drive Arizona Immigration Law,” that sheds light into the role that the private prison industry played in pushing forward Arizona´s controversial legislation, SB 1070. She relates this to the theory of prison-industrial complex postulated by Angela Davis, professor and former Black Panther member, and concludes that private corporations should not have influence or participate in drafting legislation because they do not have the public welfare at interest.
Prison Labor, Human Experimentation, & The Bp Oil Disaster, Zannie Carlson
Prison Labor, Human Experimentation, & The Bp Oil Disaster, Zannie Carlson
The Modern American
The author argues that when BP hired prison labor to clean up the spill, corrections agencies failed to consider the impact of handling toxic chemicals on prisoner health.
Election Report: A "Heartland" Vote For Islamic Bigotry, Richael Faithful
Election Report: A "Heartland" Vote For Islamic Bigotry, Richael Faithful
The Modern American
The author discusses the legal community’s reaction to the Oklahoma referendum on November 1, 2010, in which voters approved a state constitutional amendment that bans the use of Islamic Law and international law in state court decisions.
America´S Access To Guns And The Effect It Has On American Gangs And Political Instability Abroad, Isis Goldberg
America´S Access To Guns And The Effect It Has On American Gangs And Political Instability Abroad, Isis Goldberg
The Modern American
The author discusses the Second Amendment right to keep and bear arms and how easy access to guns has triggered an epidemic of violence and murder in urban communities, increased insecurity in schools, and made gangs more dangerous.
Dadt, Doma And Fidelity To The Constitution, David Wexelblat
Dadt, Doma And Fidelity To The Constitution, David Wexelblat
The Modern American
The author defends the Department of Justice’s (DOJ) decision to appeal the “Don’t Ask, Don’t Tell” (DADT) ruling on constitutional grounds: The Executive Branch has a constitutional obligation to defend the laws duly enacted by Congress
A Reflection On Employment Challenges And Opportunities, Gary C. Norman
A Reflection On Employment Challenges And Opportunities, Gary C. Norman
The Modern American
The author discusses President Obama’s reinstatement of Executive Order 13163 of the Clinton administration that required the federal government to be a model employer and to increase the numbers of targeted disabilities in the federal workforce.
It’S Still A Secret, But Not For Long: A Dadt Play-By-Play, Alexandra Manrique
It’S Still A Secret, But Not For Long: A Dadt Play-By-Play, Alexandra Manrique
The Modern American
The author discusses the zig-zag by Congress, the White House, and the Departments of Defense and Justice to repeal “Don’t Ask, Don’t Tell,” the policy prohibiting gay citizens to serve openly in the military.
High Heels In 2010?, Shailee Diwanji
High Heels In 2010?, Shailee Diwanji
The Modern American
The author discusses modern dress codes that require female employees to wear skirts and high heels, and which the Equal Employment Opportunity Commission has generally held, and courts have ratified, that employers may establish varying dress codes for men and women without violating discrimination laws.
The Peregrinations Of A Post Graduate Law Student And Legal Professional With A Guide Dog, Gary C. Norman
The Peregrinations Of A Post Graduate Law Student And Legal Professional With A Guide Dog, Gary C. Norman
The Modern American
The author offers two personal anecdotes involving a cafeteria worker and taxicab coordinator to illustrate that respect for persons with disabilities has a ways to go.
Education Everywhere: The Popular Awareness Surrounding Education Reform, Alexandra Manrique
Education Everywhere: The Popular Awareness Surrounding Education Reform, Alexandra Manrique
The Modern American
The author applauds the extensive media and political coverage of education reform.
Amidst Ongoing Slavery In The South, One Group’S Efforts To Enforce The 13th Amendment, Zannie Carlson
Amidst Ongoing Slavery In The South, One Group’S Efforts To Enforce The 13th Amendment, Zannie Carlson
The Modern American
The author lauds the advocacy of the Coalition of Immokalee Workers (CIW) to prosecute Florida landowners engaged in forced labor and indentured servitude of workers.
Dissecting The Pieces From A New Study, Picked Apart: The Hidden Struggles Of Migrant Women In The Maryland Crab Industry, Richael Faithful
Dissecting The Pieces From A New Study, Picked Apart: The Hidden Struggles Of Migrant Women In The Maryland Crab Industry, Richael Faithful
The Modern American
The author discusses the findings of the recent report produced by the American University Washington College of Law Immigrant Justice Clinic, “Picked Apart: The Hidden Struggles of Migrant Working Women In The Maryland Crab Industry.”
Help The Homeless -- Is It Enough?, Shailee Diwanji
Help The Homeless -- Is It Enough?, Shailee Diwanji
The Modern American
The author discusses the increase in violence against homeless people and state and federal initiatives to pass legislation designating violence against the homeless as a hate crime.
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.
Provisionally accepting the assumptions of the traditional economic case for intellectual …
'From Savigny Through Sir Henry Maine': Roscoe Pound’S Flawed Portrait Of James Coolidge Carter’S Historical Jurisprudence, Lewis A. Grossman
'From Savigny Through Sir Henry Maine': Roscoe Pound’S Flawed Portrait Of James Coolidge Carter’S Historical Jurisprudence, Lewis A. Grossman
Working Papers
In Roscoe Pound's scathing 1909 review of Law: Its Origin, Growth and Function, American jurist James Coolidge Carter's magnum opus, Pound asserted that Carter's conception of law "comes from Savigny through Sir Henry Maine." Frederich Karl von Savigny and Sir Henry Maine were the most prominent representatives of the German and English historical schools of jurisprudence, respectively. For his part, Carter was the leading representative of historical jurisprudence in the United States.
Other scholars, following Pound, have similarly linked Carter to Savigny and Maine, especially to the former. Moreover, various authors have noted the great effect these European jurists had …
Financial Crisis Containment, Anna Gelpern
Financial Crisis Containment, Anna Gelpern
Articles in Law Reviews & Other Academic Journals
This Article maps financial crisis containment - extraordinary measures to stop the spread of financial distress - as a category of legal and policy choice. I make three claims.
First, containment is distinct from financial regulation, crisis prevention and resolution. Containment is brief; it targets the immediate term. It involves claims of emergency, rule-breaking, time inconsistency and moral hazard. In contrast, regulation, prevention and resolution seek to establish sound incentives for the long term. Second, containment decisions deviate from non-crisis norms in predictable ways, and are consistent across diverse countries and crises. Containment invariably entails three kinds of choices: choices …
Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow
Breathing New Life Into Old Technological Infrastructure: Broadband Internet As A Means Of Jump-Starting The Economy And Connecting The Country, Elizabeth Chernow
Articles in Law Reviews & Journals
This paper examines the current structure of universal service and the FCC’s Universal Service Fund, recent pushes to expand the definition of and funding for universal service to include broadband access, and how broadband internet can contribute to saving the ailing economy. The paper concludes by calling for the inclusion of broadband internet in the Universal Service Fund.
Current financial support for the Universal Service Fund is problematic in that only telecommunications carriers providing interstate services are required to contribute to the fund. The author maintains that the contribution base should be expanded to include companies providing broadband internet access. …
Civil Society's Involvement In Post-Conflict Peacebuilding, Corinne Parver, Rebecca Wolf
Civil Society's Involvement In Post-Conflict Peacebuilding, Corinne Parver, Rebecca Wolf
Articles in Law Reviews & Other Academic Journals
War is a way of life – in some parts of the world it is an on-going struggle with no end in sight. Years of perpetual conflict have adversely affected the way in which political, socioeconomic, and cultural components of society have developed. Indeed, armed conflict negatively affects all aspects of society: not only does it destroy buildings and societies, but it also leaves surviving individuals and communities with deep wounds that can last a lifetime.
Many efforts have been employed around the world to build peace following a conflict. Some interventions have proven quite successful, while others have not. …
Fixing Fair Use, Michael W. Carroll
Fixing Fair Use, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …
Empirical Legal Studies, Or How I Learned To Stop Worrying And Love The Data, Amy M. Taylor
Empirical Legal Studies, Or How I Learned To Stop Worrying And Love The Data, Amy M. Taylor
Newsletters & Other Publications
No abstract provided.
Jordan And The World Trading System: A Case Study For Arab Countries, Bashar Hikmet Malkawi
Jordan And The World Trading System: A Case Study For Arab Countries, Bashar Hikmet Malkawi
SJD Dissertation Abstracts
Arab countries are attempting to broaden their engagement in the multilateral trading system in a manner that has many implications. Not only have some Arab countries either acceded or are in the pipeline of acceding to the World Trade Organization (WTO), but their new commitments coincides with reorientations in their economic strategies. The purpose of this dissertation is to examine the implications on Arab countries.
Given Jordan's accession to the WTO and its free trade agreement with the United States (U.S.), the country serves as an ideal candidate for other Arab countries. Jordan applied for WTO membership in 1994. After …