Law Commons^™

Urineschool: A Study Of The Impact Of The Earls Decision On High School Random Drug Testing Policies, Cynthia K. Conlon

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

The Debate Over The Teaching Of Evolution In Public Schools - Chalk Talk, Charles Shaver

The Journal of Law and Education

No abstract provided.

Book Review

The Journal of Law and Education

No abstract provided.

Economic Substance In The Context Of Federal Estate And Gift Tax: The Internal Revenue Service Has It Wrong, Elaine Hightower Gagliardi

Montana Law Review

Economic Substance in the Context of Federal Estate and Gift Tax

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 11, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin

Cardozo Journal of International and Comparative Law

The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.

Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh

Cardozo Journal of International and Comparative Law

The article critically examines the ethical and scientific implications of genetic diversity research, particularly focusing on the Human Genome Diversity Project (HGDP). It highlights the tension between advancing scientific knowledge and addressing the ethical concerns of sampling vulnerable populations, such as indigenous and isolated communities. While the research aims to study genetic variation for medical and historical insights, it raises significant issues regarding informed consent, group rights, and the potential exploitation of these populations. The article emphasizes the need for balanced approaches that respect both individual and collective rights while ensuring equitable benefits from genetic research.

Racial Imagery And Native Americans: A First Look At The Empirical Evidence Behind The Indian Mascot Controversy, Gavin Clarkson

Cardozo Journal of International and Comparative Law

The article presents a nuanced approach to the controversy surrounding Native American mascots, advocating for a balance between eliminating offensive mascots and respecting tribal sovereignty. The author proposes that instead of a blanket ban, Native American tribes should have the authority to license their identities to schools, ensuring respectful and educational usage under tribal supervision. This approach leverages trademark law to allow tribes to control their representations, promoting accurate cultural portrayal and education.

Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais

Cardozo Journal of International and Comparative Law

The article examines the legal protection of sacred intangible traditional knowledge (TK), arguing that current intellectual property (IP) frameworks fail to adequately address the unique spiritual and cultural significance of such knowledge. It advocates for the recognition of collective or communal ownership of sacred TK, proposing adaptations to IP law to better respect and protect the rights of indigenous peoples. The analysis emphasizes the need for legal reforms that balance cultural preservation with the limitations of existing IP systems.

The Rhetoric Of Biopiracy, Paul J. Heald

Cardozo Journal of International and Comparative Law

The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.

Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze

Cardozo Journal of International and Comparative Law

The article critiques the exploitation of the South's biodiversity and genetic resources by the North, driven by self-interest and pharmaceutical needs, while highlighting the inequities perpetuated by international frameworks like TRIPS and the CBD. It argues that current legal systems, rooted in Western intellectual property principles, fail to protect indigenous knowledge and traditional practices adequately. The analysis proposes alternative approaches, such as compensation regimes and collective rights organizations, to address these disparities and ensure fair benefit-sharing.

Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala

Cardozo Journal of International and Comparative Law

The article examines the challenges indigenous peoples face in protecting their intangible cultural property, such as songs, legends, and ceremonies, under existing intellectual property (IP) and legal regimes. It argues that while indigenous claims for protection are legitimate, recognizing new IP rights may not be necessary or appropriate. Instead, the authors propose that existing legal frameworks, such as contract law, privacy, trade secret, and trademark law, could provide more effective and balanced solutions. They advocate for a nuanced approach that respects indigenous cultural heritage while maintaining compatibility with public domain interests and free expression.

Digital Propertization Of The New Artifacts: The Application Of Technologies For "Soft" Representations Of The Physical And Metaphysical, Mark Perry

Cardozo Journal of International and Comparative Law

The article explores how digital technology is revolutionizing the representation and ownership of artifacts, complicating traditional notions of intellectual property and cultural preservation. It argues that high-quality digital reproductions, such as MP3 files and digital images, challenge existing legal frameworks, highlighting the need for more flexible and culturally sensitive approaches to intellectual property rights.

Formulating An International Legal Protection For Genetic Resources, Traditional Knowledge And Folklore: Challenges For The Intellectual Property System, Weerawit Weeraworawit

Cardozo Journal of International and Comparative Law

The article argues that the current international intellectual property system, established by agreements such as the Paris Convention, Berne Convention, and TRIPS, is inadequate to address the protection of genetic resources, traditional knowledge, and folklore. These emerging global issues require a new international legal framework that balances the rights of communities with the demands of innovation and trade. The article emphasizes the need for a comprehensive and equitable regime, possibly through a sui generis system or modifications to existing IP laws, to address challenges such as biopiracy, benefit sharing, and communal rights.

Traditional Medical Knowledge, Intellectual Property Rights & Benefit Sharing, Gerard Bodeker

Cardozo Journal of International and Comparative Law

The article argues that there is a significant conflict between the exploitation of traditional medical knowledge (TMK) by commercial entities and the efforts of indigenous communities to protect their knowledge. This conflict stems from the clash between the intellectual property (IP) system, which often favors corporate interests, and the rights of indigenous peoples to their traditional knowledge. The article highlights the need for equitable legal frameworks to address issues of ownership, benefit sharing, and prior informed consent, particularly in the context of international agreements like TRIPS and the CBD.

Some Realism About Indigenism, Michael H. Davis

Cardozo Journal of International and Comparative Law

The article argues that the debate over using intellectual property (IP) rights to protect indigenous information is misguided. It posits that the core issue is not legal but economic—specifically, the poverty of indigenous communities. The author contends that IP regimes, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), exacerbate inequality and are inadequate for addressing the unique concerns of indigenism, which are rooted in economic disparities rather than legal frameworks.

The Customary International Law Of War And Combatant Status: Does The Current Executive Branch Policy Determination On Unlawful Combatant Status For Terrorists Run Afoul Of International Law, Or Is It Just Poor Public Relations?, Joshua E. Kastenberg

Faculty Scholarship

This paper reviews the domestic and international law basis for the executive authority to determine combatant status, and analyzes the legality of contemporary practice. It also accepts, as a definition for unlawful combatants: "persons violating the traditional laws and customs of war." Unlawful combatants do not meet the traditional captured combatant (prisoner of war) protections embodied in the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (hereinafter Geneva Convention I). Part I of this paper examines the historic views of combatant status among sovereigns. It also addresses the evolutionary purpose of the law of armed conflict in …

The Right To Assistance Of Counsel In Military And War Crimes Tribunals: An International And Domestic Law Analysis, Joshua E. Kastenberg

Faculty Scholarship

This article serves two purposes. The first is to explore, and if possible, determine, what "international standards" exist regarding minimum levels of defense representation in international and war crimes tribunals. Military commissions are included in this latter category. The second purpose is to determine whether, in the current United States military commission scheme, defense counsel are expected to provide "adequate representation" within the requirements of both domestic and international law. Part I of this article explores the evolution of legal rights accorded to enemy combatants under both treaty and customary international law. Part II of this article addresses the meaning …

Dead To Rights: A Father's Struggle To Secure Mental Health Services For His Son. Georgetown Journal On Poverty Law And Policy, April Land

Faculty Scholarship

This Article analyzes the gap between children's statutory rights and their actual access to services within the educational, medical and juvenile justice systems. This Article lays out the strong statutory rights and protections in the areas of special education and contrasts them with actual experience in trying to secure appropriate education, Medicaid and the juvenile justice system. The Article concludes that the agencies responsible for administering federal law must not be permitted to continue to avoid compliance with clear statutory mandates. They are failing to meet their legal responsibilities by asserting that services should be provided by other agencies, rather …

When Can Nations Go To War - Politics And Change In The Un Security System, Charlotte Ku

Faculty Scholarship

We found that the post-World War II international security system as provided for in the United Nations Charter has adapted to a variety of new tasks, but that it remains incomplete. We discovered that the UN Charter system as a means to restrain the use of force has perhaps developed more fully than the Charter system's ability to authorize and to enable states to use force in situations other than a clear cross border invasion of a member state. At the same time, we recognized that the existence of an international institution like the United Nations has fundamentally changed the …

Conflict Of Laws (2003), James P. George, Anna K. Teller

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflicts cases from Texas state and federal courts during the Survey period from October 1, 2001, through November 1, 2002. The article excludes cases involving federal-state conflicts, intrastate issues such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state.

State and federal cases …

A Dynamic Institutional Theory Of International Law, Brett Frischmann

Buffalo Law Review

No abstract provided.

When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick

Buffalo Law Review

No abstract provided.

Owning Enlightenment: Proprietary Spirituality In The "New Age" Marketplace, Walter A. Effross

Buffalo Law Review

No abstract provided.

Softening Pharaoh's Heart: Harnessing Altruistic Theory And Behavioral Law And Economics To Rein In Executive Salaries, Michael B. Dorff

Buffalo Law Review

No abstract provided.

Front Matter

City University of New York Law Review

No abstract provided.

Weeds, Seeds & Deeds: Recent Skirmishes In The Seed Wars, Keith Aoki

Cardozo Journal of International and Comparative Law

The article examines the commodification of seed germplasm, tracing its evolution through technological advancements and legal frameworks that have transformed seeds from a shared resource into a corporate-controlled commodity. It critiques how intellectual property laws, particularly patent protections, have prioritized corporate interests over traditional farming practices and biodiversity. The analysis highlights the tension between private property rights and the commons, advocating for a balanced approach that considers both intellectual property and the preservation of genetic diversity.

Acquisition And Deacquisition Of Museum Collections And The Fiduciary Obligations Of Museums To The Public, Patty Gerstenblith

Cardozo Journal of International and Comparative Law

The article examines the legal and ethical implications of museums' restitution of stolen or looted cultural artifacts, arguing that such restitutions do not violate fiduciary obligations but highlight the importance of proper acquisition and deaccessioning policies. It emphasizes that museums, as nonprofit entities, must balance their educational mission with legal and ethical duties, ensuring transparency and accountability in managing cultural heritage.

Reflections On The Traditional Knowledge Debate, Shubha Ghosh

Cardozo Journal of International and Comparative Law

The article argues that the traditional knowledge debate is a continuation of historical tensions between the Global North and South, centered on ownership and control of resources. These tensions manifest in intellectual property (IP) law, particularly in the clash between market culture and communitarian, gift-based cultures. The author emphasizes that while IP law is often seen as a tool for commodification, it can also serve strategic purposes, such as fostering domestic industry and promoting sovereignty, especially through the flexible framework provided by the TRIPS Agreement.