Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), 2014 UIC School of Law
Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart
UIC Law Review
No abstract provided.
A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), 2014 UIC School of Law
A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi
UIC Law Review
Chicago’s culture is, in large part, defined by its courageous, innovative, and rich architectural history. With such a strong cultural identity comes the responsibility to preserve the City’s character for generations to come. Throughout its history, the City of Chicago allowed architectural masterpieces to succumb to economic and political pressures. The recent decision in Hanna v. City of Chicago left Chicago’s Landmarks Ordinance unscathed, but nevertheless, its inadequacies are showcased by the demolition of the Prentice Women’s Hospital. An examination of the landmark ordinances of other large American cities further demonstrates the shortcomings of Chicago’s own ordinance. Chicago’s Landmarks Ordinance, …
Faustian Perspective On Digitization: Making A Deal With The Devil, 2014 Dalhousie University Schulich School of Law
Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault
Articles, Book Chapters, & Popular Press
Digitization of library material, archives and museum collections, arts organizations repositories is progressing rapidly, and opens up new possibilities of accessing, using and re-using the knowledge embodied in cultural heritage. By giving new purpose and function to works, it enhances the value of the public domain and enriches the public sphere. However, digitization also creates the conditions for the rise of new proprietary entitlements over cultural objects. Such ‘informational monopolies’ are often justified as necessary to recoup the high costs of digitization, or as the basis to provide additional sources of income for the cultural institutions. At the same time, …
The Blacks Who "Got Their Forty Acres": A Theory Of Black West Indian Migrant Asset Acquisition, 2013 George Washington University Law School
The Blacks Who "Got Their Forty Acres": A Theory Of Black West Indian Migrant Asset Acquisition, Eleanor M. Brown
Eleanor M Brown
Hukum Adat Dalam Putusan Pengadilan (Adat Law In Court's Decisions), 2013 Faculty of Law Universitas Indonesia
Hukum Adat Dalam Putusan Pengadilan (Adat Law In Court's Decisions), Wenny Setiawati
Indonesia Law Review
This little book is proven to be not so lightweight after the reading. At first, the number of page which is only 74 pages gave the feeling of light reading material, but the opposite result took place. Since this book was filled with court decisions on the various cases related to customary legal system, so the reader would need all of his focus in understanding the hidden lines within the reading.
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, 2013 Bucknell University
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong
Faculty Journal Articles
By treating spatial conflict as one way communities wrestle with the memory and legacy of slavery, this article unites critical landscape analysis, a tool of legal geography, with legal and cultural analysis and recent scholarship on African American reparations. A slave cemetery lay beneath a parking lot in Shockoe Bottom, a neighborhood of downtown Richmond that was once a major slave-trading hub. In recent years, controversy arose over the site’s use, generating racially charged local debate and two failed lawsuits seeking to preserve the site. This article examines the significance of the African Burial Ground controversy by analyzing its symbolic, …
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, 2013 Surabaya University, Indonesia
Ecuador’S Decision To Grant Asylum To Julian Assange : The Manifestation Of Human Security?, Atik Kusriyati
Indonesian Journal of International Law
Ecuador’s decision to grant asylum to Julian Assange (Australian citizen) on August 16, 2012 has caused several impacts. Julian Assange, the founder of WikiLeaks, was arrested in Britain in connection with a Swedish investigation into accusations of sexual offenses. But United States Law enforcement official said that the fact that he was in custody did not affect their deliberations about whether he might be charged in this country in connection with publication of leaked government documents. Being disappointed with the decission, the British authorities sent a written notice to the Ecuador’s Embassy in London that they would assault the Embassy …
Introduction: Indigenous Rights In The Pacific Rim, 2013 University of Washington School of Law
Introduction: Indigenous Rights In The Pacific Rim, Jonathan A. Franklin
Librarians' Articles
The four articles in this issue all contribute to the dialogue surrounding the intersection of indigenous people's rights within international law and domestic actions that conflict with those rights. While the United Nations Declaration on the Rights of Indigenous Peoples and other international law instruments are explicit about how states should act towards indigenous populations, in many cases these nternational instruments conflict with domestic law. There are several reasons for this discrepancy, including states' self-interest, paternalism, and lack of resources needed to address both national concerns and the rights of indigenous peoples.
I Like Cabernet And Merlot But I'M Not Drinking Bordeaux: Certified Confusion, 13 J. Marshall Rev. Intell. Prop. L. 203 (2013), 2013 UIC School of Law
I Like Cabernet And Merlot But I'M Not Drinking Bordeaux: Certified Confusion, 13 J. Marshall Rev. Intell. Prop. L. 203 (2013), Angela Huisingh
UIC Review of Intellectual Property Law
A trademark’s purpose is to help consumers identify a service or product’s source. To this end, trademark owners may prevent others from using their marks on similar goods. But to ensure that a few savvy businesspersons do not monopolize certain terms, the Lanham Act carves out specific exceptions to trademark protection. Some of these exceptions include indications of geographic origin, such as Bordeaux and Napa Valley. Wine, however, has long been identified primarily by the geographic region in which its grapes grow. To ameliorate this fundamental divide, and to preserve the integrity of their Geographical Indications in the eyes of …
Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, 2013 American University Washington College of Law
Pharaohs, Nubians, And Antiquities: International Law Suggests It's Time For A Change In Egypt, Angi Porter
Articles in Law Reviews & Other Academic Journals
Part I of this Comment describes the history and structure of Egypt's antiquities laws. It also describes Egypt's relevant international obligations under the Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Declaration on the Rights of Indigenous Peoples. In Part II, this Comment argues that the current state of Egypt's antiquities system is inconsistent with its international obligations. Part II considers whether Egypt's exclusion of the Nubians stems from Egyptological superiority narratives and analyzes which narratives Egypt could adopt without violating international law. Finally, Part …
The Maine Indian Land Claim Settlement: A Personal Recollection, 2012 Bernstein, Shur
The Maine Indian Land Claim Settlement: A Personal Recollection, John M.R. Paterson
Maine History
From 1971 to 1980, the state of Maine grappled with one of the greatest legal challenges ever before it. That challenge had its origin in a suit brought by the Penobscot and Passamaquoddy tribes against the U.S. Department of the Interior seeking the seemingly simple declaration that the department owed a fiduciary duty to the tribes based on a federal law adopted in 1790. That suit was eventually to lead to a suit by the U.S. Department of Justice against the state of Maine, and potentially 350,000 residents in the eastern two-thirds of the state, seeking return of land taken …
Legal Writing, The Remix: Plagiarism And Hip Hop Ethics, 2012 Mercer University School of Law
Legal Writing, The Remix: Plagiarism And Hip Hop Ethics, Kim D. Chanbonpin
Mercer Law Review
I begin this Article with a necessary caveat. Although I place hip hop music and culture at the center of my discussion about plagiarism and legal writing pedagogy, and my aim here is to uncover ways in which hip hop can be used as a teaching tool, I cannot claim to be a hip hop head. A hip hop "head" is a devotee of the music, an acolyte of its discourse, and, oftentimes, an evangelist spreading the messages contained therein. One head, the MC (or emcee) KRS-One, uses religious discourse to describe hip hop culture, naming his community organization, The …
The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, 2011 Faculty of Law Universitas Indonesia
The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo
Indonesia Law Review
This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary …
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, 2011 Faculty of Technology and Economic Law Universitas Al-Azhar Indonesia, Faculty of Law Universitas Indonesia, Indonesia
Geographical Indications Under International Intellectual Property Law: An Indonesian Perspective, Mariana Molnar Gabor Warokka
Indonesian Journal of International Law
There are currently two systems for the registration of GI and Appellations of Origin. First, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958. Second, the Madrid Agreement Concerning the International Registration of Marks and the Madrid Protocol of 1989 for countries that protect GI under the trade mark regime. Indonesia has provided for GI protection under its Trade Mark Law No. 15 of 2001, and the appertaining Government Regulation No. 51 of 2007 concerning Geographical Indication. Several cases have been reported of Indonesian GI potential products, such as Kopi Toraja and Kopi …
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, 2011 Faculty of Law, Sam Ratulangi University, Indonesia
Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik
Indonesian Journal of International Law
The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing …
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, 2011 Padjajaran University, Indonesia
Indonesia: Problem Encountered In Some Unresolved Boundaries And The Outermost Island Issues, Etty R. Agoes.
Indonesian Journal of International Law
Within the framework of national integrity the ocean possesses two key aspects that is, of security and prosperity. The demarcation of the outer limits of national mari- time territory and jurisdiction including delimitation of boundaries with neighboring countries will provide a legal basis for a number of marine activities such as defense, fisheries, navigation, seabed and subsoil exploration and exploitation, marine tourism and others. Boundary issues for Indonesia, whether on land, at sea even in the air, have always been a matter of national priority. At present, Indonesia still have some unresolved boundary delimitation with its neighboring countries. The completion …
Once More Unto The Breach: Some Thoughts On The Future Of The Eez, 2011 Makarim & Tairs S Counsellors at Law, Indonesia
Once More Unto The Breach: Some Thoughts On The Future Of The Eez, Guy Des Rosiers
Indonesian Journal of International Law
By public international law standards, the Exclusive Economic Zone (EEZ) maintains a relative newcomer, the product of State practice following the end of the Second World War and multilateral negotiations culminating with the entry into force, in November 1994, of the 1982 United Nations Convention of the Law of the Sea, In defining the EEZ, the Convention has created a sui generis legal regime over vast areas that were previously part of the high seas. Neither Grotian nor Seldenian in spirit, the EEZ regime forgoes the absolute language of territory and sovereignty in favor of discrete sets of rights and …
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, 2011 Faculty of Law, Brawijaya University, Indonesia
Principle Of Responsibilities And Sanctions In Pollutions Of The Marine Environment By Offshore Minning, Dina Sunyowati
Indonesian Journal of International Law
In a period of 5 (five) years of pollution of the marine environment caused by exploration and exploitation on the continental shelf and the area (the seabed) is increasing. Like the marine pollution in the Timor Sea which transnational pollution, because it involves three countries, namely Australia, Timor Leste, and Indonesia. Settlement efforts to revolve the impact caused by too have done well by the Australian Government nor by the Indonesian Government. Pollution of the marine environment also occurs in blasting offshore mining that pollute the Gulf of Mexico. As mentioned in the 1982 UNCLOS, Article 208 that one of …
The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law, 2011 La Trobe University, Australia
The Abuse Of Guaranteed Pending Trial In The Chinese Criminal Process: A Violation Of International Human Rights Law, Li Enshen
Indonesian Journal of International Law
Guaranteed pending trial (Qubao Houshen) is one of the coercive measures used by the Chinese authorities to release suspects on bail in the criminal process. Unlike the western general practices, this instrument is not characterized as a legal right of suspects, but an effective means to circumvent the procedural requirements of investigation and prosecution in the laws. Further, the abuse of guaranteed pending trial is in fragrant violation of minimal international standards of human rights protection in the criminal justice system. The article first examines the procedural and practical deficiencies of this measure in the Chinese context. It then argues …
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, 2011 Airlangga University, Indonesia
The Right To A Fair Trial And Combatting Terrorism: The Case Of Indonesia, Amira Paripurna
Indonesian Journal of International Law
After the 9/11 attack, the US government called upon global war on terror (GWOT). Then terrorism has been considered as a threat of global security. It is, therefore, has led both national and international concern under US hegemony. Furthermore, it has affected the proliferation of many national counter-terrorism laws. The terrorist attacks have threatened Indonesia over years. Under the act No.15/2003 jo No.1/Prp/2002 the Indonesian government has successfully conducted prosecutions to the terrorism perpetrators. However, it is identified that there are such violations regarding to international human rights rules and standards. The concern in handling terrorism demands a balance concern …