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Articles 1 - 13 of 13
Full-Text Articles in Law
An Alternative Approach To Channeling?, Mark P. Mckenna
An Alternative Approach To Channeling?, Mark P. Mckenna
William & Mary Law Review
Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product's performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article's design that are dictated by function and to channel protection …
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
William & Mary Law Review
No abstract provided.
A Few Drops Of Oil Will Not Be Enough, Stephen James
A Few Drops Of Oil Will Not Be Enough, Stephen James
Human Rights & Human Welfare
Nicholas Kristof and Sheryl WuDunn provide a rich description of the various kinds of violence, deprivation, depredation and exploitation that women experience on a vast scale in the developing world. They write of sex trafficking, acid attacks, “bride burning,” enslavement, spousal beatings, unequal healthcare (something the USA still struggles with), insufficient food, gendered abortions and infant and maternal mortality. They are right to identify the education of women and girls as part of the solution to the widespread “gendercide.” However, their approach focuses too much on the capacity, indeed the virtue or heroism, of individual women. It does not take …
"The Female Entrepreneur"?, Cath Collins
"The Female Entrepreneur"?, Cath Collins
Human Rights & Human Welfare
I read the “Women’s Crusade” article that forms the centrepiece of this month’s roundtable with initial interest, gradually turning to a vague sense of disquiet spiced with occasional disbelief. After a few more readings, I tried highlighting the passages that bothered me and stringing them together. Countries “riven by fundamentalism”— that’s presumably the Islamic variety, rather than the Christian variant which holds such sway in the US. The suggestion that “everyone from the World Bank to the US [...] Chiefs of Staff to [...] CARE” now thinks that women are the answer to global extremism hides too many questionable assumptions …
Human Rights Law On Trial In The Drc, William Paul Simmons
Human Rights Law On Trial In The Drc, William Paul Simmons
Human Rights & Human Welfare
The ongoing tragedy in Eastern Congo contains so many tragic lessons that it should shake to their very foundations all comfortable ideologies about human rights and politics. The atrocities in the DRC should implicate all but have so far resulted in almost limitless impunity. Here, I briefly put human rights law on trial for its role in perpetuating this tragedy.
Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran
Natural Resources And Wealth Of The Democratic Republic Of Congo (Drc): Of Benefit To Whom?, Nicola Colbran
Human Rights & Human Welfare
When asked to discuss the humanitarian tragedy in the DRC, the question really is where to start? The article by Adam Hochschild discusses some of the most horrific events and experiences imaginable: widespread killings of unarmed civilians, rape, torture and looting, the recruitment of child soldiers, and the forced displacement of hundreds of thousands of people. The immediate human response is who is to blame, how did it happen and how can the world apparently do nothing?
If They Just Weren't So Rich!, Anja Mihr
If They Just Weren't So Rich!, Anja Mihr
Human Rights & Human Welfare
The deadliest war on earth-as it is called-in the Democratic Republic of Congo (DRC) will only end when the country's richness fades or is kept under surveillance. Human rights and peace might have a chance if Congo's lucrative diamond, gold or coltan mines were under shared control by non-profit agencies or international organizations with the intention to spread the mines' benefits and wealth among the Congolese people. Wishful thinking? Most likely it is, but what other alternative is there? The country's extraordinary wealth in natural resources is the main reason for the immense corruption, the extermination of entire villages, the …
What Price Security?, Donald C. Masters
What Price Security?, Donald C. Masters
Journal of Strategic Security
This article presents a critique of the Copenhagen Consensus Center's(CCC) exhaustive study on transnational terrorism, published in 2008.The implications of this study are controversial, yet highly relevant in today's economic environment. The Obama administration must come toterms with fiscal realities that will challenge budget priorities and invigorate what will undoubtedly prove to be tough negotiations on Capitol Hill for homeland security dollars. It is proposed here that standard economic tools such as benefit cost analysis, cost effectiveness criteria, and simulation models can help identify areas where security can be either extended or improved using fewer resources. Greater movement towards competitive …
Fragility: The Next Wave In Critical Infrastructure Protection, Allan Mcdougall
Fragility: The Next Wave In Critical Infrastructure Protection, Allan Mcdougall
Journal of Strategic Security
In North America today, we are about to embark on a significant effort to repair, or even upgrade, many aspects of our infrastructure. Many of these efforts are linked to economic recovery packages. Others are based on sheer need. The challenge for decision makers and planners involves ensuring that scarce economic resources are put to their best use. Understanding the concept of fragility plays a pivotal part in reaching that understanding.Fragility, like many other systems—particularly Information Technology (IT ) systems—works on the concept of subjects and objects. Subjects are those entities that seek to exploit the services (or capacity) offered …
The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat
The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat
San Diego International Law Journal
Hong Kong has generally followed a libertarian path on the external economic front, maintaining a widely open trade and investment platform. Its policy regarding the now well-established "open skies" system qualifies as something of an aberration, albeit obviously not to the same extent as its far more inward-looking immigration strategies. This pattern can effectively be placed in the appropriate theoretical context and the territory’s experience in that respect may offer relevant analytical insights into the evolution of international legal regimes, particularly those with a distinct regulatory focus and essentially bilateral in nature.
Human Rights Abuses Along The Dominican-Haitian Border, Calla Cloud
Human Rights Abuses Along The Dominican-Haitian Border, Calla Cloud
Human Rights & Human Welfare
A 122 mile-long border separates the Dominican Republic and Haiti on the Caribbean island of Hispaniola. Of the two countries, Haiti’s human rights abuses are much more somber than the emerging developments of the Dominican Republic. Haiti’s stagnant economic situation has contributed to perennial political instability and lack of infrastructure, having a particularly confounding affect on the rights and labor conditions of Haitian citizens. There are a myriad of reasons why Haiti is the poorest country in the Western Hemisphere. Two of the most prominent include its violent political history and the gradual deterioration of its economy. In the context …
Some Thoughts About The Economics Of Settlement, John Bronsteen
Some Thoughts About The Economics Of Settlement, John Bronsteen
Fordham Law Review
No abstract provided.
Chinese Women And Economic Human Rights, Lisa Fry
Chinese Women And Economic Human Rights, Lisa Fry
Human Rights & Human Welfare
Women’s human rights in China have an intriguing history and a challenging present. In ancient China, Confucianism espoused the virtues of silent women who stayed at home. During the Maoist period, on the other hand, gender equality was prioritized by the state, and women were equally appointed to leadership positions and agricultural collectives with men. After Mao’s death, the country transitioned to a social market economic system that resulted in a loss of state support for gender equity. Today, the rights of women in China are not clearly defined, protected, or promoted. China’s patriarchal traditions have reasserted themselves, obstructing women’s …