Law Commons^™

You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow

Canadian Journal of Law and Technology

Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …

Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple

Canadian Journal of Law and Technology

This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based …

Reparations: A Comparative Perspective, Fernanda G. Nicola

Scholarly Articles in Law Reviews & Journals

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …

Reparations Of The Inter-American Human Rights System In Cases Of Gross And Systemic Violations Of Human Rights: The Colombian Case, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

The author uses the case of Colombia, a country with which the inter-American human rights system has dealt in the last twenty-five years, as an example to try to illustrate how the Inter-American Human Rights Commission and Inter-American Court for Human Rights have balanced the issue of remedies and reparations with the difficult task of repairing gross and systematic violations. The case of Colombia provides some insight on how international mechanisms are implemented in this region and, particularly, how some of Colombia’s official institutions and non-governmental organizations are trying to engage in a dialogue at the international level in order …

Reparations: A Remedies Law Perspective, Darren L. Hutchinson

Scholarly Articles in Law Reviews & Journals

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …

Climate Change As A Global Challenge, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Payment In Credit: Copyright Law And Subcultural Creativity, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

Copyright lawyers talk and write a lot about the uncertainties of fair use and the deterrent effects of a clearance culture on publishers, teachers, filmmakers, and the like, but we know less about the choices people make about copyright on a daily basis, especially when they are not at work. Thus, this article examines one subcultural group that engages in a variety of practices, from pure copying and distribution of others' works to creation of new stories, art, and audiovisual works: the media-fan community. Fans justify their unauthorized derivative works as legitimate, no matter what formal copyright law says, with …

Reforming Entrapment Doctrine In United States V. Hollingsworth, Richard H. Mcadams

Public Law and Legal Theory Working Papers

This short essay, written for a symposium commemorating Richard Posner's twenty-fifth year as a judge, examines Judge Posner's majority opinion for a closely divided en banc decision on the federal entrapment defense. The cases considers a fundamental issue in the meaning of the element of "predisposition." Judge Posner crafts a boldly innovative reading of the Supreme Court precedent on the topic, introducing the element of "position" or "readiness" to predisposition. I claim the result, properly understood, is to rationalize the doctrine of entrapment.

Standing And The Precautionary Principle, Jonathan Remy Nash

Public Law and Legal Theory Working Papers

In Massachusetts v. EPA, the Supreme Court upheld Massachusetts’ standing to challenge EPA’s refusal to regulate greenhouse gas emissions from mobile sources. The majority and dissent disputed whether the science of global warming was sufficient to establish standing. Absent from both opinions was discussion of whether there would be standing if the science were uncertain but the potential harms large and irreversible. This Essay argues that “precautionary-based standing”—grounded upon a fundamental principle of environmental law, the precautionary principle—should apply in such cases. Precautionary-based standing would not upset existing standing doctrine. First, its application would be limited, and could further be …

The Complex Climate Change Incentives Of China And The United States, Cass R. Sunstein

Public Law and Legal Theory Working Papers

It is increasingly clear that the world would be better off with an international agreement to control greenhouse gas emissions. What remains poorly understood is that the likely costs and benefits of emissions controls are highly variable across nations. Most important, prominent projection suggest that the world’s leading emitters--the United States and China—have weak incentives to participate in an agreement that would be optimal from the standpoint of the world. The first problem is that any significant emissions effort would probably be exceedingly expensive for both nations. The second problem is that on prominent projections, the United States and China …

A Reader's Companion To 'Against Protection', Bernard E. Harcourt

Public Law and Legal Theory Working Papers

From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …

Climate Change Justice, Cass R. Sunstein, Eric A. Posner

Public Law and Legal Theory Working Papers

Greenhouse gas reductions would cost some nations much more than others, and benefit some nations far less than others. Significant reductions would impose especially large costs on the United States, and recent projections suggest that the United States has relatively less to lose from climate change. In these circumstances, what does justice require the United States to do? Many people believe that the United States is required to reduce its greenhouse gas emissions beyond the point that is justified by its own self-interest, simply because the United States is wealthy, and because the nations most at risk from climate change …

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.

The Leegin Decision: The End Of The Consumer Discounts Or Good Antitrust Policy?: Hearing Before The Subcomm. On Antitrust, Competition Policy, And Consumer Rights Of The S. Comm. On The Judiciary, 110th Cong., July 31, 2007 (Statement Of Robert Pitofsky, Geo. U. L. Center), Robert Pitofsky

Testimony Before Congress

No abstract provided.

The Internet Evolution: Savvy Research Strategies For Paralegals, Michelle Rigual

Faculty Scholarship

This is a guide to researching legal issues on the internet. Basic search topics applicable to any database are discussed as well as specific strategies for finding free or inexpensive legal materials, effectively using new technologies such as blogs, RSS feeds, and podcasts. Additionally, attendees are warned to avoid outdated technologies and sources.

Tax Magic: Did Billy Donovan Pull Income Out Of A Hat?, Jeffrey H. Kahn, Joshua P. Fershee

Scholarly Publications

No abstract provided.

July 30, 2007: The Sources Of Secularism: Our Religions, Bruce Ledewitz

Hallowed Secularism

The Sources of Secularism: Our Religions

July 28, 2007: The Sources Of Secularism: Globalization, Bruce Ledewitz

Hallowed Secularism

The Sources of Secularism: Globalization

Summary Of Halverson V. Hardcastle, 123 Nev. Adv. Op. No. 29, Jennifer Arias

Nevada Supreme Court Summaries

Petition granted in part and denied in part for a writ of quo warranto challenging a chief justice’s authority to require another district judge to meet with a committee of judges, to remove and reassign that judge’s criminal caseload, and to temporarily bar that judge from entering the courthouse.

July 26, 2007: The Sources Of Secularism: Science, Bruce Ledewitz

Hallowed Secularism

The Sources of Secularism: Science

Summary Of Anvui, Llc V. G.L. Dragon, Llc, 123 Nev. Adv. Op. No. 25, Kelly Walker

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Manwill V. Clark County, 123 Nev. Adv. Op. No. 28, Erin Phillips

Nevada Supreme Court Summaries

Appeal from district court order denying judicial review in an occupational disease case.

Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh

Nevada Supreme Court Summaries

Review of district court’s order denying a motion for judgment as a matter of law based on the statutory interpretation of N.R.S. Chapter 113, which governs the sale of real property.

Virginia Bar Exam, July 2007, Section 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, July 2007, Section 1

Virginia Bar Exam Archive

No abstract provided.

July 24, 2007: The Sources Of Secularism: Science, Globalization And Our Religions, Bruce Ledewitz

Hallowed Secularism

The Sources of Secularism: Science, Globalization and Our Religions

New Governance And Decentralisation In Employment Policy, Milena Buchs, Mariely Lopez-Santana

International Collaborative on Social Europe

When thinking about the traditional boundaries of the welfare state, particularly of labour and employment policies, we tend to place them within the boundaries of the nation-state. However, with contemporary processes of European economic integration and devolution of competences to sub-national entities, our understanding of the spatial configuration of the welfare state has been challenged. These developments are also partially related to 'new governance' patterns in social policy. The authors explore the 'downward' movement of employment and labour market policies (LMP) in Germany, the United Kingdom, and Italy and explore cross-national differences regarding the characteristics and degree of decentralisation. The …

Health Information Technology Adoption Among Health Centers: A Digital Divide In The Making?, Adil Moiduddin, Daniel S. Gaylin

National Health Policy Forum

This background paper describes the current status of efforts to implement health information technology in community health centers. It summarizes the benefits experienced by health centers that have pioneered the use of information technology and examines the challenges that have hindered wider adoption. The paper identifies a range of policy options that have been considered to promote broader use of information technology by health centers.

Science For The Environment: Need For Reconsidering Statistical Methodologies, Elisa Vecchione

Cornell Law Faculty Working Papers

This paper is part of a larger effort to analyze the United States vs. European Union dispute on biotechnology products before the World Trade Organization (WTO) Dispute Settlement Body (DSB).

Starting from May 2003, United States, Canada and Argentina requested consultations with the European Communities (hereinafter EC) regarding measures taken by the EC and its member States affecting the marketing of biotech products. According to United States, Canada and Argentina, the measures at issue were inconsistent with certain EC’s obligations under the Sanitary and Phytosanitary (SPS) Agreement, the GATT 1994, the Agriculture Agreement and the Technical Barriers to Trade (TBT) …

July 22, 2007: Hallowed Secularism And The Four Sons, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and the Four Sons