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A Development Model Meets Piracy in Paraguay
Get PDFThis essay will explore the dynamics behind Paraguay\u27s economy, political stability, legal culture, and geopolitical conditions that make the protection of IP rights a major challenge. Part I of this essay details Paraguay\u27s current condition in a socioeconomic, political, and developmental context. Part II of this essay explores how Paraguay\u27s lack of economic opportunities, relaxed enforcement regime, and cultural tradition create conditions where the counterfeiting industry flourishes. Part III of this essay examines some of the international IP rights agreements to which Paraguay is a party, and it examines how these agreements might help strengthen the IP rights regime in Paraguay. Part IV discusses the challenges inherent with chronic underdevelopment and provides some concluding thoughts about the issue of IP piracy in the context of the geopolitical challenges that confront Paraguay and the international community
North American Border Wars: The Role of Canadian and American Scholarship in U.S. Labor Law Reform Debates
Get PDFThe economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought his experience and insights with him, rapidly becoming one of the foremost labor law scholars in the United States. His influence in the 1990s, and hence the influence of Canadian ideas, on the ultimately unsuccessful labor law reform proposals of President Clinton’s Dunlop Commission is widely recognized.
Professor Weiler’s proposals are once again the basis for scholarly and policy debate. This time, however, Canadian ideas and experience have prompted a scholarly border skirmish. Recently, when new legislation – the Employee Free Choice Act – was proposed to Congress to implement a number of reforms of the National Labor Relations Act based on the Canadian experience, several U.S. academics argued that the actual Canadian experience where these reforms were in place resulted in higher unemployment and slower economic growth. Canadian labor scholars, fearing the corrosive effects of such critiques on their own labor relations regime, responded with rejoinders challenging the work of the American scholars. Clearly, and notwithstanding American provincialism, Canadian-influenced labor law scholarship has played a central role in U.S. policy debates, creating a favorable intellectual environment for labor law convergence. Yet the opponents of U.S. labor law reform also deploy scholarship aimed at the Canadian experience in order reinforce the divergent paths of the two systems, as do Canadian scholars acting defensively to forestall greater convergence of the Canadian regime to the U.S. model
Review of The Oceans in the Nuclear Age: Legacies and Risks
Get PDFThe 2011 Fukushima Daiichi nuclear power plant meltdown in Japan, the worst nuclear crisis since Chernobyl, has at least temporarily brought to the forefront of public attention some of the risks associated with nuclear activities. The operation of nuclear plants and waste storage facilities in coastal zones is only one of many nuclear activities affecting the oceans. In this article, the author reviews a book entitled The Oceans in the Nuclear Age. This bookhighlights incidents and statistics that reveal the magnitude of nuclear activities affecting the oceans
Debtor\u27s Prison in the Neoliberal State: Debtfare and the Cultural Logics of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
Get PDFThe enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act ( BAPCPA ) of 2005, amending the Bankruptcy Reform Act of 1978, marks a transformation in bankruptcy law and policy that is representative of larger shifts in dominant economic and political models from embedded liberalism to free market neoliberalism. BAPCPA\u27s provisions are part of the new practices of the emergent neoliberal state as they relate tot he American middle class segment of hte population. In disciplining hte middle class, BAPCPA shifts the risk and the responsibility of the lending relationship onto consumer debtors. BAPCPA does this by keeping financially distressed individuals servicing debt obligations both inside and outside the bankruptcy system. Socio-cultural theory provides a broadened frame for understanding the economic shift reflected in this fundamental transformation in legal mandates
Protest Heard around the World: Why the Supreme Court\u27s Decision in Snyder v. Phelps Protects Too Much Speech, Challenges the Court\u27s Historical Balance between Free Speech and State Tort Claims, and Leaves Tort Victims with Little Remedy
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