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Content Governance in the Shadows: How Telcos & Other Internet Infrastructure Companies Moderate Online Content
Get PDFMeasuring Change in Copyright Exceptions for Text and Data Mining
Get PDFCopyright exceptions for researchers are under debate at the World Intellectual Property Organization and within domestic governments, yet empirical research in this area is rare. In this early working paper, we aim to add to this nascent body of research. We expand PIJIP’s previous review and classification of copyright exceptions in WIPO Members’ laws by tracing changes in the laws over time. We find that most countries have copyright exceptions allowing some unauthorized uses for research purposes. However, most countries’ exceptions restrict some mix of the users, uses, or types of works that are allowed. High-income countries tend to be more permissive of researcher’s unauthorized uses, than countries in other income groups, and their laws have grown slightly more permissive over the past two decades. Former British colonies with a history of fair dealing tend to be more permissive than other countries, but they are becoming less permissive on average as they amended their laws
Keeping Your Own Counsel: Simple Strategies and Secrets for Success in Law School
No full textKeeping Your Own Counsel: Simple Strategies and Secrets for Success in Law School, by Professor Walter A. Effross, is a unique toolkit of practical systems, schedules, and scores of (sometimes-surprising) suggestions, to help students distinguish themselves in the classroom, the exam room, and the interview room.
Drawing on the author’s seven years of big-firm practice and quarter-century of full-time law teaching, the book provides encouraging and immediately-usable methods to support students throughout their law school careers, starting well before the first day of classes. Keeping Your Own Counsel includes structures for mastering information, maximizing efficiency, minimizing stress, and building a portfolio of publications.https://digitalcommons.wcl.american.edu/facsch_bks/1278/thumbnail.jp
Movement Lawyering for Georgia Worker Cooperatives
Get PDFCapitalism’s Contradictions in Atlanta. The Park Place and Auburn Avenue intersection in downtown Atlanta juxtaposes capitalism’s shiny veneer and putrid underbelly. Among Georgia State University’s multi-story buildings, Woodruff Park’s lush trees, and the vibrant Sweet Auburn neighborhood once home to Martin Luther King, Jr., diverse youth vying for class ascension and minority-owned businesses exemplifying Atlanta’s claim as an entrepreneurship hub populate the sidewalks. A deeper look, however, reveals cracks within the “Real Wakanda” facade. Wooden boards cover commercial space doors along Auburn Avenue, houseless folks support each other and request help from others around Woodruff Park, and students born into poverty face the reality of being less likely than anywhere in the country to escape it. Moreover, significant numbers of Atlantans suffer despite pockets of wealth among Black entertainers and entrepreneurs who generally live in the suburbs. When capitalist markets fail, communities worldwide have turned to cooperation, and Atlanta is no different
An Assessment of the United States’ New Position on An Aggression Tribunal for Ukraine
No full textOn Monday evening, in prepared remarks at a conference in Washington D.C., U.S. Ambassador for Global Criminal Justice, Beth Van Schaack made a significant announcement: “[T]he United States supports the development of an internationalized tribunal dedicated to prosecuting the crime of aggression against Ukraine.
Government Role in Realising A ‘Right’ to Research in Africa
Get PDFDevelopment agendas and plans such as World Intellectual Property Organisation (WIPO) Development Agenda, African Union Agenda 2063, South Africa’s National Development Plan 2030 and Nigeria’s National Development Plan 2021 – 2025, etc. indicate the need for and benefits of research for development. Research as an activity is needed for countries to sharpen their innovative edge and contribute to global scientific and technological advancement. Recent scholarship has highlighted the positive impact on national development of copyright exceptions implementing a right to research in the form of either a complete defence to copyright infringement, or, as user rights. However, the realisation of a right to research has been limited by a copyright legislative framework that may be challenging to interpret especially given issues arising from technological advancements, new modalities of using copyright-protected subject matter and new sites and outcomes of research. There are also hinderances to realising a right to research, posed by limited access to courts for interpretation due to limited resources and also as a result of the inherent institutional limitations of courts to only the case pleaded by parties before them. In this environment, the role of the executive arm of government in driving the realisation of a right to research is crucial. Yet, there has not been executive action providing much-needed clarification to concretise and promote a right to research in order to actualise development goals. Focused on Nigeria and South Africa, this paper explores the duties imposed on executive government institutions and applies administrative law principles to indicate a policy toolkit within copyright statutes that may be deployed to realise a right to research and engender guidance for researchers, copyright owners, users and audience of research
Prioritizing Regional Wildlife Conservation by Rejuvenating the Western Hemisphere Convention on Nature Protection
Get PDFLast year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere (“Western Hemisphere Convention”)
Regulatory Innovation and Permission to Fail: The Case of Suptech
Get PDFThe recent U.S. Supreme Court decision West Virginia v. EPA has cast a pall over the discretion of administrative agencies at a very inopportune time. The private sector is currently adopting new technologies at a rapid pace, and as regulated industries become more technologically complex, administrative agencies must innovate technological tools of their own in order to keep up. Agencies will increasingly struggle to do their jobs without that innovation, but the private sector is afforded something that is both critical to the innovation process, and often denied to administrative agencies: “permission to fail.” Without some grace for the inevitable stumbles that come with developing new technological solutions, regulatory agencies will increasingly be unable to discharge their statutory mandates, resulting in failures of in-action that could harm the public interest.
To illustrate this point, this Article uses “suptech” case studies drawn from the world of financial regulation. After articulating both the necessity and pitfalls of suptech, this Article argues that we need to extend permission to fail to administrative agencies when similar failures are recognized as a necessary part of the private sector innovation process. This Article argues that “permission to fail” cannot be a purely legal construct, and so it seeks to spur an interdisciplinary debate about how to construct both law and public opinion in a way that allows the regulatory state to develop the technological tools it needs to respond to technological developments in regulated industries
Regulatory Managerialism Inaction: A Case Study of Bank Regulation and Climate Change
Get PDFIn November of 2029, Hurricane Penelope struck New York City as a category two storm. Work had started on a wall to protect Manhattan from rising sea levels and storm surges, but the work was incomplete, and significant damage to Manhattan real estate was sustained. While almost all that real estate was insured, insurance companies were compromised by the sheer magnitude of the losses. Even with significant federal subsidies, they were unable to meet their full commitments on insurance policies. Some commercial real estate firms, who had never really recovered from the shift to remote working during the Covid pandemic, decided to cut their losses and file for bankruptcy. Banks with outstanding loans to these firms were left to foreclose upon the damaged properties. At the same time, given their own difficulties, many insurance companies were drawing down revolving lines of credit from their banks. Many of these insurance companies also refused to renew policies, undercutting the value of the foreclosed properties
Trump\u27s Conspiracy and Campaign Troubles
No full textYour editorial “Another Troubling Trump Indictment” (Aug. 2) says the election conspiracy “had no chance of success.” Didn’t it? What if former Vice President Mike Pence hadn’t been a hero? One reason a conspiracy to do an unlawful act is illegal is that it could succeed.
Former President Donald Trump did more than “lobby” Mr. Pence. He repeatedly ordered Mr. Pence to violate the law to overturn an election. After Mr. Pence said he wouldn’t, Mr. Trump tweeted to the angry mob that “Mike Pence didn’t have the courage to do what should have been done to protect our country and our Constitution.” Members of the mob shouted, “Hang Mike Pence!” and built a gallows. Might Mr. Pence have been intimidated