11929 research outputs found
Sort by
Deconstructing Burglary
Get PDFThe law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one’s personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them.
However, the law of burglary has expanded and caused so many problems that some commentators now argue for its elimination. Given broad discretion, prosecutors use burglary to over-punish a wide variety of offenses. The law can even encompass mere instances of shoplifting. Additionally, by punishing perpetrators before they accomplish their target crimes, burglary law often acts as a general law of attempts.
Much of the law’s expansion stems from adding the word “remaining” to many burglary statutes. This inclusion allows burglary convictions in circumstances in which a perpetrator enters a structure legally, but then “remains unlawfully.” While this language has led to confusion among courts and legislatures about the scope of burglary, there is scant legal literature addressing this confusion. Scholars have yet to untangle the conflicting interpretations of unlawful remaining, and legislatures have failed to provide guidance that captures the nuances of burglary law. This Article unravels the complexities of burglary law and proposes a model statute that retains burglary law for its protective purposes, while also considering its problematic expansion
Natural Resources In the Arctic: The Equal Distribution of Uneven Resrouces
Get PDFThis paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea
Sanctions for Non Disclosure, as Set Out in Article 6 of the WIPO Basic Proposal on Intellectual Property, Genetic Resources and Traditional Knowledge, Should Include Possible Revocation of a Patent
Get PDFThe basic proposal for an international legal instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic resources prepared by the World Intellectual Property Organization (WIPO) Secretariat (GRATK/DC/3) sets out in its Article 3 a narrow obligation to disclose (1) the country of origin of the genetic resource, or if not known, its source, and (2) the Indigenous Peoples or local community that provided traditional knowledge associated with the genetic resource, or the source of such knowledge.
Article 6 of the basic proposal sets out the sanctions and remedies for failures to make such disclosures. Among the controversies in the current diplomatic conference is Article 6.3, which states that “no Contracting Party shall revoke or render unenforceable a patent solely on the basis of an applicant’s failure to disclose the information specified in Article 3,” unless there has been “fraudulent intent.” (Article 6.4)
One lesson to learn from the U.S. experience under the Bayh-Dole Act is that required disclosures that are against the interest of the patent holder are often ignored when the enforcement of the obligation is weak.
In the case of the proposed treaty requiring the disclosure of the source of genetic materials and traditional knowledge, Article 6 in the Basic Proposal could be strengthened by eliminating the prohibition on revoking patent protections in Article 6.3, and also by creating a mechanism for third parties to file evidence of failures to disclose, perhaps within the PCT, and for some type of auditing process to evaluate if patent offices are enforcing the disclosure obligations
WIPO General Assembly 65th: Issues Affecting the Right to Research
Get PDFThis paper provides background and options for countries to consider in relation to items on the agenda of the 65th meeting of the WIPO General Assembly. It is prepared by the Project on Copyright the Right to Research of the Program on Information Justice and Intellectual Property, which includes the goal of sharing information and technical assistance to governments in international policy deliberations that impact the rights of scientific researchers in the digital context. The work of the WIPO General Assembly Agenda includes several matters that impact the rights of researchers. These include review of the work and recommendations of the Standing Committee on Copyright and Related Rights (SCCR), Committee on IP and Development (CDIP), and Conservations on IP and Artificial Intelligence
Cruel and Unusual Punishment: A Human Rights-Based Argument for Extending the Eighth Amendment to Capital Punishment Methods
Get PDFThough Americans generally support capital punishment, there are many issues with how states currently choose to execute individuals, including concern that the different execution methods used by states to carry out capital punishment violates the Eighth Amendment of the U.S. Constitution, lack of regulation of states and lack of accountability. Further, certain execution methods may violate the International Covenant on Civil and Political Rights (ICCPR). This article suggests recommendations for state legislatures, the United States Congress, and the Supreme Court for ensuring the humane treatment of individuals during an execution
Truth or Accountability: The Human Rights Violations of the Northern Ireland Troubles Legacy and Reconciliation Act of 2023
Get PDFOn January 17, 2024, the Republic of Ireland lodged an inter-state complaint in the European Court of Human Rights (“ECtHR”) against the United Kingdom. The complaint came after the United Kingdom passed the Northern Ireland Troubles (Legacy and Reconciliation) Act of 2023. Among other things, the Legacy Act grants immunity to persons who provide information related to any crimes committed during the Troubles, an intense period of political unrest and violence in Northern Ireland between Catholic Republicans and Protestant Loyalists.
To hold the United Kingdom accountable for human rights violations stemming from the Legacy Act, an ECtHR ruling paired with advocacy from civil society and other States will be crucial. Ultimately, by granting immunity to perpetrators of unsolved crimes, the United Kingdom is averting its obligations under domestic, regional, and international human rights law and will continue to do so until the Legacy Act’s amnesty provision is amended or repealed
The Chinese Doctrine of Fundamental Principles of International Law: Comparison of Soviet, Euro-American, and Chinese Theories of International Law
Get PDFA number of states in the former communist bloc, such as Russia, have adopted the doctrine of the fundamental principles of international law, which originated from the former Soviet Union. What is the concept of the fundamental principles of international law in China? This study elucidates the uniqueness of the fundamental principles in China by comparing doctrines of international law in the Soviet Union and Western countries with reference to descriptions in contemporary international law textbooks in China
Measuring the Unmeasurable: Foreign Aid and the Rule of Law
Get PDFThis article provides an analysis of the international indexes and rankings that assess and compare the rule of law globally. It first starts with a discussion on the necessity of the international measurements of the rule of law in context of the foreign aid allocation to developing countries. Then, this article defines the rule of law and explains its relationship with governance and human rights. This article further reviews three rule of law indexes from the World Bank, the World Justice Project, and Bertelsmann Stiftung and Sustainable Development Solutions Network, using the position of Belarus in these measurements as a case study. Building on the critical aspects of the rule of law indicators, this article provides an alternative framework to assess the quality of institutions, which might be a more efficient measure of governance in the framework of foreign aid distribution and evaluatio
Owning Health Equity Entrepreneurship, Capital, and Community-Owned Health
Get PDFThere is a long history of recognized health disparities affecting marginalized communities in the United States. These disparities have complicated and deep roots, but multiple factors can be controlled in the short term, such as access to high-quality medical care. Public and private institutions often use incentives to focus the efforts of private actors towards specified goals; incentives can also be calibrated to mitigate health disparities through a health equity entrepreneurial model.
To understand the possibilities and complications of this model of health equity-focused entrepreneurship, this Article uses the Black and American Indian maternal mortality and morbidity crises as a case study. In this context, the Article argues that midwifery-focused health equity entrepreneurship incentives and innovative funding models can augment provider ranks in maternal care deserts, improving health outcomes for Black and American Indian women. In part, the novel model strives to ensure that the groups most burdened by experiences related to health disparities are provided with opportunities to create and lead small firms addressing health equity in their communities, with the opportunity to govern those entities as they see fit. The novelty lies in its exploration of small firms’ role in eradicating health care disparities and inequities as a complement to public strategies. Public and private actors should contemplate this model in setting policy priorities and budgets.
This Article is novel in making the argument that small firms led by members of medically underserved populations must be centered to create appropriate and effective solutions to the problem of health disparities and in asserting that health care’s current focus on technological innovation and intervention must couple with reintegration of proven methods. Growing impediments to the creation and maintenance of firms led by members of these medically underserved populations, including health-focused entities, are based upon legal challenges to government programs focused on providing resources to marginalized entrepreneurs. This Article situates midwifery entrepreneurship as one example of the type of entrepreneurs to consider in the exploration of these ideas
The Gig Worker Question: Reviving the FTC’s Competition Rulemaking Authority to Protect Collective Bargaining
No full textIn 2020, then-candidate Joe Biden ran a staunchly pro-labor campaign, promising to become the nation’s strongest labor President in history. Nearly four years later, President Biden sought to prove that he had kept that promise, highlighting the significant gains this administration had delivered to the labor movement. Among those promises was a pledge to ensure that workers in the so-called “gig economy” “receive the legal benefits and protections they deserve.” In line with such promises, President Biden ap pointed Lina M. Khan as Chair of the Federal Trade Commission (FTC) in June 2021. Khan was already an academic celebrity, rising to fame as a law student after the Yale Law Journal published her article Amazon’s Antitrust Paradox in 2017. Under her leadership, the FTC promptly issued a policy statement announcing a series of enforcement priorities, including “[p]olicing unfair methods of competition that harm gig workers.