Law Commons^™

Intellectual Property, Genetic Resources And Traditional Knowledge Protection: Thinking Globally, Acting Locally, Charles R. Mcmanis

Cardozo Journal of International and Comparative Law

The article explores the tension between global intellectual property rights and the preservation of biodiversity and traditional knowledge, highlighting the conflict between developed and developing nations. It discusses efforts to balance these interests through international agreements like TRIPS and CBD, and presents the ICBG-Peru project as a successful local model for fair benefit-sharing and traditional knowledge protection.

The Protection Of Folklore, Silke Von Lewinski

Cardozo Journal of International and Comparative Law

The article examines the challenges of protecting folklore under existing intellectual property laws, highlighting the limitations of current legal frameworks and advocating for a new international system that balances the rights of indigenous communities with the demands of commercial exploitation. It emphasizes the need for a comprehensive approach that considers the cultural, financial, and integrity interests of indigenous peoples, while addressing the historical failures of international efforts to establish effective protection for folklore.

Introduction: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Keynote Address: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Mary Becker

Northern Illinois University Law Review

No abstract provided.

North Jersey Media Group, Inc. V. Ashcroft, 308 F.3d 198 (3d Cir. 2002): A Case Note, Dawn M. Weekly

Northern Illinois University Law Review

After the unprecedented terrorist attacks on the United States on September 11, 2001, the government responded with a vast effort aimed at investigation and prevention, which continues to this day. As part of that response, several hundred resident aliens were rounded up for alleged immigration violations and detained, pending removal hearings. This case note will consider the opinion in North Jersey Media Group, Inc. v. Ashcroft which concerns the question of whether the government may issue a blanket closure order for those deportation hearings and bar the public and press from attending.

Panel Discussion, Afternoon Session: Northern Illinois University College Of Law Twelfth Annual Symposium On Domestic Violence And Victimizing The Victim: Relief, Results, Reform, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Defending The Indefensible To Further A Later Case: Sanctioning Respondents In Illinois Domestic Violence Cases, David H. Taylor

Northern Illinois University Law Review

When an act of domestic violence occurs in Illinois, as in most other jurisdictions, both criminal charges and a civil Domestic Violence Order of Protection may follow. The order of protection may be commenced in conjunction with a criminal charge or may be commenced as an independent action. Because of the exigencies of the domestic violence situation, the legislature has enacted a statutory scheme that expedites the civil proceeding, so that the civil order of protection proceeding takes place in a period of twenty-one days from initial filing to final hearing. In other contexts, an act of intentional injury could …

The Notice Of Claim Provision In Breach Of Contract Actions Against The City Of New York, Steven Isaacs, Mathew Paulose Jr.

City University of New York Law Review

This article addresses a little known provision in the Adminis- trative Code called section 7-201(a) that requires service of a notice of claim prior to commencement of a contract action against the City of New York. Practitioners who have failed to take note of the provision have had their cases dismissed, some in which more than half a million dollars were in dispute. This article also offers some suggestions for practitioners faced with a motion to dismiss or a motion for summary judgment for failure to follow the provision’s mandate.

Practice Management Contracts: State Of The Law, Robert P. Borsody

City University of New York Law Review

No abstract provided.

The Legal Relationship Among A Reciprocal Insurer's Subscribers, Advisory Committee And Attorney-In-Fact, Michael A. Haskel

City University of New York Law Review

The increase in the number and importance of reciprocals or inter-insurance exchanges has led to greater regulation of this form of insurer, which was once largely exempt from government oversight in many jurisdictions. Currently, jurisprudence varies among the states. Although the National Association of Insurance Commissioners (hereinafter “NAIC”) drafted the Reciprocal Attor- ney-in-Fact Model Act (hereinafter “Reciprocal Act”) to provide uniformity in the treatment of reciprocals, the Reciprocal Act is seriously flawed in the manner it treats the relative rights and duties of the advisory committee and of the attorney-in-fact, which respectively govern and administer the reciprocal. To achieve a …

The Rights Of Parents With Children In Foster Care: Removals Arising From Economic Hardship And The Predicative Power Of Race, Ann Cammett, Megan Mclaughlin, Martin Guggenheim, Sharonne Salaam, Nanette Schorr

City University of New York Law Review

The following symposium at the Association of the Bar of the City of New York explores the predicament posed by the surge of child removals through neglect petitions, and the subsequent placement of those children in foster care. The panel, whose comments are published here, offer some poignant reflections on the crisis of the child welfare system.

The Paradox Of Spontaneous Formation Of Private Legal Systems, Amitai Aviram

Coase-Sandor Institute for Law & Economics Research Paper Series

Scholarship on private legal systems (PLS) explains the evolution of norms created and enforced by PLSs, but rarely addresses the evolution of institutions that form PLSs. Such institutions are assumed to form spontaneously (unless suppressed by law) when law is either unresponsive or incapable of directing behavior in welfare-maximizing manners. But, as this paper demonstrates, PLSs typically cannot form spontaneously. Newly formed PLSs cannot enforce cooperation since the effectiveness of mechanisms used to secure this cooperation (e.g., the threat of exclusion) depends on the PLS’s ability to confer benefits to its members, and newly formed PLSs do not yet confer …

Context And Pretext In Conflict Resolution, Kevin Avruch

Journal of Dispute Resolution

In this essay, I want to reflect on some of the problems raised by context and pretext from a different angle. I want to first consider some aspects of the varied contexts in which conflict resolution and alternative dispute resolution (ADR) developed in the United States, particularly in the academy. Historically, there have been some differences between the two, partly evident in the different meanings of the notion of "dispute" adopted by theorists and practitioners. I then want to examine some of the underlying pretexts for doing this work, and some possible consequences-especially as we more frequently engage in the …

Context, Yes - And Theory, Yes, Morton Deutsch

Journal of Dispute Resolution

I admire Carrie Menkel-Meadow's article very much.' It reveals her deep and broad knowledge of the field of conflict resolution. It also represents an important and valid emphasis on the necessity of a rich knowledge of specific contexts for applied work in those contexts. However, the article implicitly constructs a false opposition between contextual knowledge and theoretical knowledge; in reality, both are needed. I understand that "practitioners" and "theorists" commonly misunderstand one another because of their different orientations and social roles. In this article, I will discuss these differences and then briefly consider the integration of theory and practice.

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 …

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.'

General Theory On Disputes And Conflicts, A, Raymond Shonholtz

Journal of Dispute Resolution

In response to Carrie Menkel-Meadow's challenge to articulate and define a general theory of conflict management that is universally applicable regardless of context or domain,' the following General Theory and methodologies are put forth. The relational context that Menkel-Meadow offers between domestic and international is not the applicable construct for the formation of a general theory. Instead, the relevant frame is between non-democratic and democratic political systems and the difference between the concepts of conflict and dispute and their attending institutional mechanisms. Menkel-Meadow's analysis is useful in subdefining the issues in the vast foliage of conflict resolution and dispute management, …

Evaluation Dispute Resolution Under Uncertainty: An Empirical Look At Bayes' Theorem And The Expected Value Of Perfect Information, Gregory Todd Jones, Douglas H. Yarn

Journal of Dispute Resolution

To begin, we review a standard model of litigation decision-making in Section I and propose an extension of this model to include ex post evaluative dispute resolution in Section II. Next, in Section III, we review the analytical concept of the expected value of perfect information as a means of placing a theoretical rational maximum on the value of the information provided by evaluative dispute resolution processes. In Section IV, we review Bayes' theorem and propose this as a rational benchmark for the integration of new information with previously existing subjective probabilities. In Section V, we offer a formal statement …

Adr Clause By Any Other Name Might Smell As Sweet: England's High Court Of Justice Queens Bench Attempts And Fails To Define What Is Not An Enforceable Adr Clause - Cable 7 & (And) Wireless Plc V. Ibm United Kingdom Ltd, An, Alyson Carrel

Journal of Dispute Resolution

The High Court of Justice Queens Bench Division in England issued a ruling that provides sweeping support for the use of Alternative Dispute Resolution (ADR) in private pre-dispute contract clauses.' While this support might seem to aid in developing the growing ADR movement in England, the judge may have put the cart before the horse by enforcing a non-descript and broad ADR contract clause that lacks the specificity needed to ensure a fair outcome. This decision could be detrimental for disputing parties and the future of the ADR movement itself.

State Legislative Update, Mark G. Boyko

Journal of Dispute Resolution

This bill would have prevented employers from requiring employees to arbitrate disputes arising under the Fair Employment and Housing Act (FEHA). In doing so, it would have changed the established law in California that written agreements to arbitrate disputes are valid and enforceable. Specifically, this bill would have invalidated arbitration agreements between employers and employees if the employer required the employee to sign the agreement as a condition of employment. A.B. 1715 would have applied to employers with five or more employees.

Tie That Doesn't Bind: Fifth Circuit Rules That Non-Signatory Agents Can't Compel Arbitration As Individuals - Westmoreland V. Sadoux, The, Keisha I. Patrick

Journal of Dispute Resolution

In Westmoreland v. Sadoux, the Fifth Circuit addresses the issue of whether a signatory party intended to enter an arbitration agreement with a non-signatory agent of the defendant corporation. The non-signatory agent sought to enforce the arbitration agreement between the signatory party and the signatory corporation in a suit brought against the non-signatory agent in his individual capacity. This case differs from most others that courts have addressed concerning non-signatory agents. In most cases, the complaining party seeks to enforce the arbitration agreement against the non-signatory agent. Yet, in Westmoreland, the nonsignatory agent himself seeks to compel arbitration

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Keynote Address: Why Is Accountability Important?, Dennis Archer

South Carolina Law Review

No abstract provided.

Introduction, Roy T. Stuckey

South Carolina Law Review

No abstract provided.

Informal Methods Of Enhancing The Accountability Lawyers, W. B. Wendel

South Carolina Law Review

No abstract provided.

For Whom The Bell Tolls: Tolling State Statutes Of Limitations And The Constitutionality Of 28 U.S.C. § 1367(D), Ruth V. Horger

South Carolina Law Review

No abstract provided.

Developing A Global Program For Enhancing Accountability: Key Ethical Tenets For The Legal Profession In The 21st Century, Mark S. Ellis

South Carolina Law Review

No abstract provided.

Federal Taxation (2002 Eleventh Circuit Survey), David A. Brennen

Scholarly Works

During 2002 federal courts in the United States decided nineteen cases that directly impact federal tax law in the Eleventh Circuit. These cases involve a variety of tax law matters including Federal Insurance Contributions Act ("FICA") payroll tax, estate and gift tax, IRS authority to levy and assess tax, and discharges in bankruptcy. Other tax-related matters addressed by courts in 2002 that impact tax law in the Eleventh Circuit include inventory recapture in an S-corporation conversion, attorney fees for the prevailing party in a tax dispute, and injunctions against tax preparers. By far the most important tax case decided in …

Rockport Municipal Harbor Plan: Issues, Goals And Policies, Rockport Harbor Planning Committee, Town Of Rockport, Massachusetts, Urban Harbors Institute, University Of Massachusetts Boston

Urban Harbors Institute Publications

This first phase of the plan for Rockport and its four (4) major harbor areas was developed to ensure growth, prosperity, and preservation of Rockport’s important resources through responsible and reasonable future use and management of the harbors and their shorelines.

The Plan has been prepared by the Town of Rockport to identify existing problems and to establish consensus about the character and quality of the harbors in the future. The Plan responds to a specific list of issues raised by the Harbor Planning Committee in a participatory planning process.

The Harbor Planning Committee is an ad hoc committee of …

Attorney-Client Sex: A Feminist Critique Of The Absence Of Regulation, Malinda L. Seymore

Faculty Scholarship

Doctors can't do it. Psychotherapists can't do it. Ministers can't do it. Chiropractors and social workers can't do it. But lawyers can. Lawyers, in most jurisdictions, can have sex with their clients without violating a standard of professional responsibility.

Sex between lawyers and clients occurs far more frequently than many believe. In a 1993 nationwide survey of attorneys, 18.9% of the respondents had sex with a client or knew of at least one other attorney who had. Despite this figure, there are only a handful of cases where attorneys have been disciplined for having sex with their clients. The reported …