STU Scholarly Works (St. Thomas University)
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Founding Myths, International Law and Voting Rights in the District of Columbia
No full textBook: Making Transnational Law Work in the Global Economy: Essays in Honour of Detlev Vagts
This tribute to Professor Detlev Vagts of the Harvard Law School brings together his colleagues at Harvard and the American Society of International Law, as well as academics, judges and practitioners, many of them his former students. Their essays span the entire spectrum of modern transnational law: international law in general; transnational economic law; and transnational lawyering and dispute resolution. The contributors evaluate established fields of transnational law, such as the protection of property and investment, and explore new areas of law which are in the process of detaching themselves from the nation-state such as global administrative law and the regulation of cross-border lawyering. The implications of decentralised norm-making, the proliferation of dispute settlement mechanisms and the rising backlash against global legal interdependence in the form of demands for preserving state legal autonomy are also examined.https://scholarship.stu.edu/faculty_book_chapters/1025/thumbnail.jp
Harry Potter Goes to Law School
No full textBook: The Law and Harry Potter
This volume considers the depiction of law and legal institutions in J.K. Rowling’s Harry Potter novels. It contains more than twenty chapters by legal academics from the U.S. and abroad. The chapters are organized in five sections: Legal Traditions and Institutions, Crimes and Punishments, Harry Potter and Identity, the Wizard Economy, and Harry Potter as an Archetype. Some chapters analyze the way law and legal institutions are portrayed, and what these portrayals teach us about concepts such as morality, justice, and difference. Other chapters use examples from the narratives to illustrate or analyze legal issues, such as human rights, actual innocence, and legal pedagogy. The volume is suitable for undergraduate or law school courses, and will be of interest to those Harry Potter fans who also have an interest in law and the legal profession.https://scholarship.stu.edu/faculty_book_chapters/1013/thumbnail.jp
The New Haven School of Jurisprudence: A Universal Toolkit for Understanding and Shaping The Law
No full textThe New Haven School of Jurisprudence offers a rich framework of interdisciplinary analysis of societal problems and a heuristic for inventing policy alternatives and recommending solutions that apply across cultures, throughout the planet, and over time. This lecture demonstrates the usefulness of this approach at the dawn of the 21st century, discussing the idea of \u27hegemonic international law\u27 and addressing discrete issues in the fields of international trade and investment as well as regulation ofthe global commons
Human Trafficking in the Balkans: An inside Report
No full textHuman trafficking is not a myth or something that is part of our volatile past. It is not a problem that is targeting isolated parts of the world making only a small number of people its victims. It is our menace today and part of the cruel reality that we are raising our children in. It is a plague that endangers the world community, for no part of the globe is immune. How is it possible then that in this day and age, when the safeguarding of human rights is considered such a priority by many nations, human slavery continues to exist
Reproductive Freedom: Striking a Fair Balance between Copyright and Other Intellectual Property Protections in Cartoon Characters
No full textThe purpose of this article is to express the reasons why copyright statutes should be overhauled to provide explicit rights reserved to the public, as opposed to the present structure of copyright law, which provides rights to a copyright owner, subject to the many exceptions that have sprung up over the past few years. Some of these exceptions, which seem to have engulfed the basic premise of copyright theory, are the broadly framed but vague protections offered by the fair use doctrine. These rights include the right of a lawful owner of a copy to sell or otherwise dispose of the copy without the authority of the copyright owner, and the right of creative persons to independently create any work, even if it ends up being an exact copy of the original version. The fact that authors enjoy increased term lengths for their copyrighted items essentially increases restrictions to the general public regarding property rights. Moreover, the exclusivity that the copyright holders are now able to enjoy does not seem to benefit anyone but large companies and perhaps Congress. This article will clarify why and how copyright law should be revamped, by focusing in on one type of creative work, cartoon characters. Contemporary theories of copyright law will be contrasted to historical underpinnings and case law concerning the copyrightability of characters. Additionally, this Comment will analyze the migration of cartoon characters into trademark law. Part I reviews the role played by federal copyright law in the area of cartoon characters, and assesses the impact that the characters will have on the economy in the coming years as artists, individuals, and businesses begin to prepare for the release of extremely famous characters into the public domain, as they are being taken out of concealment from public use. Likewise, this Comment will point out that although children\u27s entertainment is a competitive market internationally, there are still many opportunities for individuals and corporations here in America, but only if we loosen the rigid and complex laws currently in place. To be sure, if the public is not allowed to parody, copy or transform cartoon characters when they are legally supposed to enter the public domain, when the depictions finally do enter the public domain, the public will have no choice but to exploit a company\u27s good name or to place the cartoon characters in situations they otherwise would not find themselves in. In Part II, the article will provide an overview of the intellectual property protections available to characters and will focus on how corporations are preparing themselves and protecting ownership rights to their characters. The last aspect of Part II highlights how corporations are beginning to control other areas of the character industry in order to secure the most market share now, before it is too late and they lose total control over their character monopolies. What is not protected by copyright seems to be covered by either trademark protection or unfair competition laws, and the article will also observe that in the end, what is actually being sent into the public domain amounts to very little. Finally, Part III of the article proposes an alternative to our current system of copyright law with regard to the doctrine of fair use. The proposal centers on the current circuit split regarding the fair use doctrine as applied to trademark law, and specifically the adoption of the fair use law currently in place in the Second, Tenth, and D.C. Circuits, in which the courts require a showing of willful infringement before profits are awarded. This theory will prove that the public may utilize characters, while simultaneously providing corporations the protection and incentives they need to continue to profit in a competitive marketplace. It should also drastically reduce the amount of litigation currently flooding our system regarding this gray area. In conclusion, the article will demonstrate that conflict arises when a copyright ends, forcing intellectual property owners to rely largely on trademark protection, and therefore, copyright law should integrate with some of the successful trademark theories. This alternative will enhance the uniformity of intellectual property laws, decrease confusion among judicial circuits considering these issues today, and provide stability and reassurance to individuals and small businesses who gamble everyday when they attempt to paint a picture of a cartoon on a preschool wall or distribute depictions of cartoon characters to the students in their classes for educational purposes
Protecting the Great Lakes in the Face of a Water Crisis: The Need for Immediate Ratification of the Great Lakes - St. Lawrence River Basin Water Resources Compact, and for an Amendment to the Boundary Waters Treaty of 1909
No full textThis article seeks to establish the importance of providing permanent maximum protection to the Great Lakes from future diversions outside of the basin in the face of increasing water shortages. It will examine the shortcomings of the four governing laws currently in place to protect the Great Lakes and demonstrate the need to make the New Compact binding as quickly as possible in order to compensate for these shortcomings. Part I of this article will discuss the geography of the Great Lakes region in order to put the matter in its context. Part II will examine the content and problems with the current legislation aimed at protecting the Great Lakes from large diversions. It will emphasize the weakness of these current laws and the urgent need to finalize the New Compact. Part III will discuss recent attempts and discussion of Great Lakes diversions, which have sparked the creation of the New Compact. Part III will also examine the content and current status of the New Compact. It will discuss the recent opposition to the New Compact in early 2008, which nearly destroyed the New Compact\u27s chances for success, and how this opposition was completely overcome by summer 2008. Part III will distinguish the New Compact from current legislation in an attempt to explain why the New Compact will offer greater protection than the existing framework. This article will conclude with a proposal to protect the Great Lakes through swift enactment by the House of Representatives, followed by approval from the President. If the New Compact is not signed into federal law, it will not be binding, and the region will suffer from weak protection under the current laws. Unfortunately, finalizing the New Compact will not necessarily provide permanent protection to the Great Lakes region because a subsequent Congress could revoke its acceptance through retraction or passing inconsistent law. As fresh water becomes increasingly scarce and the Great Lakes states lose congressional delegates to the drier western states after the 2010 census, such future revocation is possible. It is important that this tempting short term solution does not occur. Finally, the conclusion will propose an amendment to the Boundary Waters Treaty of 1909 between the United States and Canada. This Treaty is greatly flawed and must give way to a more comprehensive version. The scope of the amended Treaty should include the rivers, tributaries, and ground water of the Great Lakes. It should also include Lake Michigan, which even though it does not border Canada, is connected to Lakes which do. The vague language of the Treaty should also be amended to be more specific and incorporate many of the protections promulgated in the New Compact. Finally, the amended Treaty must expand the International Joint Commission\u27s (IJC[\u27s]) jurisdiction to hear disputes between the two countries
US Immigration Detention: Policy and Procedure from a Human Rights Perspective-Introductory Remarks
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Inside Property Law: What Matters and Why
No full textA concise and student-friendly study guide, Inside Property What Matters and Why emphasizes the essential components of Property Law, how they fit together, and why. Explicit pedagogical features include graphics, Sidebars, and Frequently Asked Questions, among others, to guide comprehension and reinforce learning. Along with an attractive two-color page design.https://scholarship.stu.edu/faculty_books/1016/thumbnail.jp