Law Commons^™

A Case Of Health Disparity, Donna Zucker

Donna M. Zucker

Although the incidence of hepatitis C virus (HCV) in women is only slightly less than in men, women are poorly represented in research trials. As a result, not much is known about them as a subgroup. The specific aims of this article were to report on the problem, study methods, and findings focusing on HCV-positive women's health beliefs, how they identify and understand their health and illness states, and their explanatory models of illness behavior. A pilot study using three focus groups was conducted with women in the community, in recovery, and incarcerated. Two groups emerged: those with and those …

Freedom Of Expression®: Resistance And Repression In The Age Of Intellectual Property, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Integrating Indigenous Cultural Traditions In The Management Of Protected Marine Resources – The Fiordland Example, James Mize

James Mize

Indigenous communities that rely upon natural resources for their cultural practices and livelihood depend on the health of the ecosystem for traditional practices to continue. Yet government efforts to protect ecosystem integrity by “locking up” resources in spatially-explicit management regimes that prohibit resource use risks the disruption of indigenous cultural traditions compatible with sustainability. This tension can be seen in the Te Wāhipounamu / South West New Zealand (Fiordland) area, a designated UNESCO World Heritage Site, subject to increasing pressure from visitors and other non-traditional use. New Zealand statutes governing the management of adjacent marine resources recognize and incorporate Māori …

Roundtable On Academic Publishing, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Drugs, Dogs And The Fourth Amendment: An Analysis Of Justice Stevens' Opinion In Illinois V. Caballes, James Johnston

James B Johnston

When a drug dealer delivers illegal narcotics to the American maret place, he frequently uses out nation's roads. In an opinion authored by Justice John Paul Stevens, the U.S. Supreme Court that is captioned Illinois v. Caballes, the Court ruloed that drug dealers do not have a reasonable expectation of privacy when delivering illegal drugs in their cars. This article agrees with the Court's ruling and argues that we as a society have a right and an obligatio n to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinionj provides a brilliant examination of judicial precedent coupled with …

Fair Use And Music Scholarship. Communication And Economy, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Show Trial Or Real Trial? A Digest Of The Evidence Submitted During The Prosecution's Case-In-Chief At The Dujail Trial Of The Iraqi High Tribunal, Greg Mcneal

Greg McNeal

During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's focus on controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances ignored the fact that the Prosecution meticulously built a compelling case against Saddam and his seven co-defendants. This essay provides a detailed précis of the evidence submitted during the Prosecution's case-in-chief. It includes an analysis of the testimony of the three-dozen witnesses, the surprising admissions of defendants Saddam Hussein and Barzan al-Tikriti, and the numerous Exhibits that have been admitted into evidence. …

Making Meaning Of Megan’S Law, Rose Corrigan

Rose Corrigan

This study of Megan's Law contrasts scholarly narratives that describe and analyze sexual predator laws with a case study of implementation in New Jersey. A critical feminist perspective shows that Megan's Law employs a radically underinclusive notion of sexual violence that conflicts sharply with feminist arguments about the cultural and institutional roots of sexual violence. The law excludes many of the most common offenders from reach of the law, thus deflecting attention away from assaults committed by family and friends in favor of reviving stereotypes about deviant strangers. The most significant effect of Megan's Law is not to expand the …

Freedom Of Expression Vs. Intellectual Property Rights: Does Copyright Kill Free Speech?, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Adf Training In Australia's Maritime Environment, Chris Rahman, Robert J. Davitt

Chris Rahman

No abstract provided.

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Regional Ocean Governance: The Perils Of Multiple-Use Management And The Promise Of Agency Diversity, Josh Eagle

Josh Eagle

The U.S. Commission on Ocean Policy and the Pew Oceans Commission reports contain a range of suggestions aimed at legislatively or administratively improving current ocean management structures. In this paper, I critique one of the major recommendations common to both reports, that is, the call for “regional ocean governance.” Although each commission’s plan for implementing a regional approach is different, their rationales and design concepts are quite similar: After explaining that present institutions are too narrow in their geographic and substantive scope, the reports go on to advocate for the establishment of larger scale, more “comprehensive” management bodies. I argue …

An Economic Model Of Fair Use (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A formal model of the law of fair use.

Unfortunate Legacies: Hearsay, Ex Parte Affidavits And Anonymous Witnesses At The Iht, Greg Mcneal

Greg McNeal

This brief essay was part of a symposium entitled Fairness and Evidence in War Crimes Trials. To mark the commencement of the first international criminal trials taking place at the International Criminal Court in The Hague, this special issue was devoted to the question whether a person facing charges for war crimes or crimes against humanity can receive a fair trial on the evidence. The Editors of ICE asked a number of experts in the field of international criminal law and evidence, including judges, practitioners, and academics, to submit short pieces on this topic. Unfortunate Legacies Details how The Iraqi …

Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk

Thomas A Faunce

On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …

Communist’S Post-Modern Power Dilemma: One Step Back, Two Steps Forward, “Soft No” And Hard Choices …, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper considers the challenges ahead after having assessed what determined the outcome of the referendum in April 2004 and the balance of forces as they emerge in the Parliamentary elections of 2006. In spite of the generally sound claims that globalisation shifts decision-making away from nation-states, particularly weak and small states to networks beyond the nation-state, in the case of Cyprus what we have for the first time paradoxically is the “fate” of Cyprus primarily in the hands of Cypriots themselves. Although semi-occupied the two communities can make their decision as to the future of their country and state, …

Immigration To Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This chapter discusses the context that has transformed Cyprus from an emigration to an immigration country. It examines public discourse, the legal status, and the social position of migrants and asylum-seekers. This is exposed against the historical and political backdrop of Cyprus, dominated by the ‘national’ problem, which keeps the island divided.

9. Domestic Violence And Child Protection: Confronting The Dilemmas In Moving From Family Court To Dependency Court., Thomas D. Lyon, Mindy B. Mechanic

Thomas D. Lyon

A Cultural Turn: Reflections On Recent Historical And Legal Writing On The Second Amendment

William G. Merkel

Parlamentarismus In Der Internationalen Politik, Beat Habegger

Beat Habegger

No abstract provided.

Channeling Buzz Or Bucks? Ethical Implications For Marketing, Oscar T. Mcknight, Ronald Paugh, Vahn Knight

Oscar T McKnight Ph.D.

Too often higher education officials equate successful enrollment management with determining the appropriate financial-aid package, assuming the student matriculates. However, there are competing theories as to why a student may be attracted to a particular college. Could it be the "buzz"? This study examines the relationship between buzz and bucks with respect to enrollment objectives. Research findings indicate that it is not an either-or proposition. Moreover, marketers are presented with an ethical responsibility to safeguard the public.

East Meets West, Or Vice-Versa: Exploring A Hybrid Pedagogical Approach To Global Instruction, Ronald Paugh, Oscar Mcknight, Jun Gong

Oscar T McKnight Ph.D.

In an increasing multicultural classroom a Confucian-Socratic framework is used to highlight fundamental differences in learning approaches between Eastern and Western cultures. However, educators must also be aware of inherent similarities if best practices are to be gleaned and implemented with ingenuity in the classroom. Therefore, innovations and insights into the qualitative-quantitative continum of contemporary research are offered as an analogue to help build a hybrid model of global instruction. A new Mobius Model of Global Instruction is introduced that emphasizes a multicultural perspective

Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade

Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have had …

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …

The Blogosphere And The New Pamphleteers, Donald J. Kochan

Donald J. Kochan

The future of the free dissemination of information lies in the blog, some may say. The internet has entirely transformed how we receive and consume information. It’s the newest incarnation of information dissemination. From the insights of Alexis de Tocqueville, “Feelings and opinions are recruited, the heart is enlarged, and the human mind is developed only by the reciprocal influence of men upon one another.” Bloggers are a powerful force in the distribution of information and ideas and the creation of communities of conversation. Throughout history, the dissemination of information, news, opinions, and ideas has continuously transformed. In the 18th …

“El Derecho Alimentario De La Unión Europea: La Aplicación Del Principio De Precaución”, Luis González Vaqué

Luis González Vaqué

The precautionary principle enables rapid response in the face of a possible danger to human, animal or plant health, or to protect the environment. In particular, where scientific data do not permit a complete evaluation of the risk, recourse to this principle may, for example, be used to stop distribution or order withdrawal from the market of products likely to be hazardous.

El principio de precaución permite reaccionar rápidamente ante un posible peligro para la salud humana, animal o vegetal, o para proteger el medio ambiente. De hecho, en caso de que los datos científicos no permitan una determinación completa …

Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle

Eric A. Engle

Examines the extraterritorial application of U.S. criminal law in the context of corporations.