bluuebunny/crossref_metadata_2025 huggingface dataset:
The Unresolved Interpretive Ambiguity of Patent Claims
Authors: Liivak Oskar
Published: July 2018

49 UC Davis Law Review 1851-1880 (2016)Claims are at the heart of every major patent related issue. Most importantly, they determine a patent's potent rights of exclusion. Yet, we cannot predict how courts will set the exact boundaries of claims. This renders smooth operation of the patent system near impossible. For some time, scholars have theorized that a basic policy disagreement is a source of this uncertainty. Some judges favor narrower patents, some favor broader and judges will naturally tend toward their policy preference. Policy disagreements result in claim uncertainty. Recently, scholars Tun- Jen Chiang and Lawrence Solum have taken this view further arguing that this policy debate is the only problem preventing clear and consistent understanding of patent claims. That position is premature; there is another unnoticed and somewhat antecedent source of confusion. Patent law has not made clear what a patent claim (for lack of a better verb) claims. Patent applicants are surely delineating a boundary with their claims but patent law has not made clear what we are drawing the boundary around. When we write claims, exactly what question are we supposed to be answering? It is not clear whether a claim in a patent application is the statement "I claim to have invented the following things" or instead the request "I would like to claim exclusionary dominion over the following things." These are different in kind. Unfortunately both understandings have doctrinal support and both are operating simultaneously yet confusingly in patent law today. The proper way to handle patent claims depends on which view is correct. The uncertainty and disagreements that are plaguing patent law can be explained not just as a policy dispute but instead as confusion over this basic understanding of patent claims. This article outlines these two conflicting views, their implications for patent law and how we should resolve the ambiguity. Correctly understood, though claims are central in determining exclusion, we should nonetheless interpret initial patent claims as the statement "I claim to have invented the following things."
Australian Research Council Field of Research (FoR) 1801 Law and Legal Studies, Select Grant Award Data 2010-2018
Authors: Carter David J
Published: July 2018

This draft data-set presents Australian Research Council ('ARC')-provided raw data for ARC grants/programs from 2010 to 2018 (funding commencement date) for Field of Research (FoR) 1801: Law and Legal Studies.I have no way of knowing the completeness of these data. The data included results for DECRAs, Discovery Projects, Future Fellowships, Laureate Fellowships, and LIEF grants. Data expressed as one-line-per-grant (Tab Labelled: SN-ARC-FOI18-GENDER) with hand coded gender (1=Female).
The Legacy of Industrial Pluralism: The Tension Between Individual Employment Rights and the New Deal Collective Bargaining System
Authors: Stone Katherine V.W.
Published: July 2018

59 University of Chicago Law Review, (1992)
De-Policing
Authors: Rushin Stephen , Edwards Griffin
Published: July 2018

102 Cornell Law Review 721 (2017)Critics have long claimed that when the law regulates police behavior it inadvertently reduces officer aggressiveness, thereby increasing crime. This hypothesis has taken on new significance in recent years as prominent politicians and law enforcement leaders have argued that increased oversight of police officers in the wake of the events in Ferguson, Missouri has led to an increase in national crime rates. Using a panel of American law enforcement agencies and difference-in-difference regression analyses, this Article tests whether the introduction of public scrutiny or external regulation is associated with changes in crime rates. To do this, this Article relies on an original dataset of all police departments that have been subject to federally mandated reform under 42 U.S.C. § 14141 — the most invasive form of modern American police regulation. This Article finds that the introduction of § 14141 regulation was associated with a statistically significant uptick in some crime rates, relative to unaffected municipalities. This uptick in crime was concentrated in the years immediately after federal intervention and diminished over time. This finding suggests that police departments may expe- rience growing pains when faced with external regulation.
Deconstructing Duty Free: Investor-State Arbitration as Private Anti-Bribery Enforcement
Authors: Spalding Andrew B.
Published: July 2018

Duty Free rests upon a kind of three-legged stool of legal argumentation. Those legs are: 1) the common law of contract; 2) principles of state liability for official misconduct; and 3) global anti-corruption policy. As this article will show, each leg of that stool is fundamentally flawed; the legal arguments are unpersuasive and occasionally incorrect. This article seeks to deconstruct that stool, exposing the fatal structural flaws in each leg. It thus clears the way for building an arbitral jurisprudence of corruption that actually does what Duty Free attempted: advance global anti-corruption policy in a way that will inure to the true victims of corruption, who are the citizens of the world's developing countries.
AN ACADEMIC DRAFT REGULATIONS ON REGIONAL PROCEDURE FOR NOMINATION, SELECTION, APPOINTMENT, INDUCTION AND DISMISSAL OF THE HEAD OF THE VILLAGE
Authors: Umanailo Muhamad Chairul Basrun , Hamid Iskandar , Ningkeula Edy Said , Hentihu Idrus , Nawawi Mansyur , Bula M. , Umanailo Rosita , Jumu La , Bahasoan Husen , Assagaf Said Abdurahman
Published: July 2018

The implementation of village governance underwent a fundamental change through the revision of Law Number 32 of 2004 which was replaced by Law Number 6 of 2014 concerning Villages. These changes are based on historical, philosophical, juridical, psychopolitical and sociological arguments. These arguments are oriented towards village structuring efforts. One of the important issues in organizing villages is the filling of village head positions that cannot be separated from the institutional design of village governance.One of the substances of Law Number 6 of 2014 relating to village structuring is the regulation of village institutions, namely the Village Government institution consisting of the Village Government, the Village Consultative Body and the Village Community Organization. The village government is the Village Head who functions as the head of the Village Government who leads the administration of the Village Government.
Intra-Executive Policy Laundering: A New Look at an Old Problem
Authors: Cheung Alvin Y.H.
Published: July 2018

This paper argues for the existence of a distinct sub-species of policy laundering, referred to here as “intra-executive policy laundering.” It argues that international regulatory coordination may be a vehicle through which one executive agency engages in bureaucratic infighting with another agency in order to push through its own substantive agenda, and to expand its own domestic regulatory autonomy. Consequently, executive agencies will compete to coordinate with counterpart agencies in other States, exacerbating the incidence of policy laundering by the executive as a whole. Intra-executive policy laundering also creates greater difficulties for legislatures and civil society in detecting and opposing policy laundering, as they face a multitude of opponents rather than a monolithic executive. Despite potential benefits in breaking regulatory deadlock and increasing international coordination, this paper argues that the lack of transparency and accountability that accompanies intra-executive policy laundering is more pernicious than that associated with policy laundering by a monolithic executive. Ultimately, however, the language of “policy laundering” is misplaced insofar as it emphasizes a substantive policy pursued by an executive entity, rather than the expansion of that entity’s sphere of autonomy.
Patent Claim Interpretation Review: Deference or Correction Driven?
Authors: Cotropia Christopher A
Published: July 2018

This Article examines the Federal Circuit's review of claim constructions by lower tribunals to determine whether the Federal Circuit defers to lower court constructions or is making its own, independent determination as to the "correct" construction and ultimate result in the case.
U.S. Nonprofit Activity in Cuba: The Cuban Context
Authors: Brundige Elizabeth , Penalver Eduardo , Spitz Laura M.
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 2 , Article 2.American regulatory restrictions on nonprofit activity in Cuba have decreased dramatically over the past three years. As a result, interest in undertaking projects in Cuba among U.S. nonprofits has increased significantly over that same period. Despite President Trump's recent directive that rolled back several aspects of the previous administration's Cuba policy and ordered new restrictions on U.S.-Cuban engagement, U.S. nonprofits are unlikely to be deterred from seeking to expand their engagement in Cuba over the long term. As nonprofits explore potential opportunities and navigate legal and political challenges, this Article seeks to advance the conversation by answering the following questions: What is the current state of U.S. and non-U.S. nonprofit activity within Cuba? What are the Cuban legal and other constraints that affect nonprofit activity in the country? What recommendations might we offer to U.S. nonprofits that are interested in pursuing work in Cuba, in light of the constraints identified above? And finally, what legal, policy or other measures in Cuba might help address these constraints and facilitate increased nonprofit engagement? Co-Authors: Elizabeth Brundige, Lucia Dominguez Cisneros, Eduardo M. Penalver, Laura Spitz
Complexity and Copyright in Contradiction
Authors: Madison Michael J
Published: July 2018

The title of the article is a deliberate play on architect Robert Venturi's classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical 'architectures' of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the 'simplicity' of digital engineering is undermining desirable 'complexity' in legal and physical structures that regulate expressive works.
Nonbelievers
Authors: Tebbe Nelson
Published: July 2018

97 Virginia Law Review 1111 (2011)How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. Nonbelievers and believers should receive comparable protection in some situations but not in others. The method I apply is polyvalent - it seeks to capture the full range of values that should matter, recognizing that the mix of relevant concerns may differ from doctrine to doctrine. Two arguments push against my piecemeal approach, however. First, scholars argue that the term religion should simply be defined to include (or exclude) nonbelievers in advance and for all purposes. Second, leading thinkers have recently criticized the special place of religion in American law. For them, even if nonbelief is not a religion, it should always be treated with similar solicitude. Rejecting both of these positions, I contend that definitional approaches are unlikely to be helpful, and that careful judges will determine the specialness of religion in a variegated way. Applying this method to several doctrines - including antidiscrimination, free exercise exemptions, church autonomy, government endorsement, and public funding - I propose protecting nonbelievers only in some of these areas. In conclusion, I suggest that adjudication of religious freedom claims generally is neither impossible nor senseless, despite the fears of some.
Caveat Venditor: Technologically Protected Subsidized Goods and the Customers Who Hack Them
Authors: Soghoian Christopher
Published: July 2018

This paper explores the issues surrounding the subsidization of a technology based durable good and on the delicate dance between the producer trying to protect their profit, competitors trying to to create and sell aftermarket goods, and innovative customers who attempt to use the goods in completely unplanned, and unprofitable ways. A number of case studies are presented that highlighted the ease with which customers can tinker with subsidized products. These include Microsoft's Xbox, Netpliances' i-Opener, the Sony AIBO, and the general problems of the prepaid phone industry. A number of legal cases are also presented, although these focus more on the issue of other firms attempting to make competing aftermarket products for subsidized primary goods. The difficult question of what can a company do is explored. The question of who the company can go after for infringement, be it the reverse engineering programmer, or the college student sharing such information on her homepage, is also examined. Finally, this paper examines the moral issues involved when consumers hack these items.
The presumption of resulting trust and beneficiary designations: What’s intention go to do with it?
Authors: Chin Jason
Published: July 2018

When opening an RRSP or RRIF, investors typically designate a beneficiary. We expect that, when making this choice, most investors intend that their designated beneficiary will indeed benefit from the investment on their death. And further, if there is a dispute between the designated beneficiary and the investor’s estate, we expect investors intend that their choice of beneficiary will prevail. Surprisingly, this is not the case in many provincial appellate courts, which in fact favour the estate in such disputes. More specifically, most Canadian courts apply the presumption of resulting trust to beneficiary designations: they assume, absent other evidence, that the designated beneficiary holds the proceeds of the RRSP or RRIF in trust for the deceased investor’s estate. Only Saskatchewan has taken a contrary position. The Alberta Court of Queen’s Bench in Morrison v Morrison recently weighed both options and endorsed the approach that applies the presumption of resulting trust.In the present article, we analyze the doctrine of resulting trust, its rationale as presented by several leading cases, and empirical evidence evaluating the intentions of Canadian investors. We conclude that applying the presumption of resulting trust to beneficiary designations betrays both the theory and purpose of the presumption. It also runs counter to the intentions of most Canadians and creates uncertainties in millions of beneficiary designations. Finally, we present several solutions for bringing the law in line with the intentions of investors, and indeed common sense.
Condemning Religion: RLUIPA and the Politics of Eminent Domain
Authors: Serkin Christopher , Tebbe Nelson
Published: July 2018

85 Notre Dame Law Review 1 (2009)Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should not give religious assemblies any extraordinary ability to resist condemnation. We offer two principal reasons for this proposal. First, the political economy surrounding condemnation is markedly different from that of zoning, so that broadening the law’s protections beyond zoning to cover outright takings would be unnecessary and ineffective. Second, the costs of presumptively exempting congregations from condemnation are likely to be far higher than the costs of doing so with respect to zoning. In conclusion, we identify an important implication of our argument for the law’s core zoning provision – namely, our proposal invites local governments to circumvent RLUIPA by simply condemning religious property that they find difficult to zone because of the Act. On the one hand, this gives local governments a needed safety valve while, on the other hand, requiring them to pay just compensation to religious groups. Our proposal therefore suggests a powerful compromise.
Surveillance, Secrecy, and the Search for Meaningful Accountability
Authors: Setty Sudha N.
Published: July 2018

Published: Sudha Setty, Surveillance, Secrecy, and the Search for Meaningful Accountability, 51 STAN. J. INT'L L. 69 (2015). One of the most intractable problems in the debate around maintaining the rule of law while combating the threat of terrorism is the question of secrecy and transparency. In peacetime, important tenets to the rule of law include transparency of the law, limits on government power, and consistency of the law as applied to individuals in the policy. Yet the post-9/11 decision-making by the Bush and Obama administrations is characterized with excessive secrecy that stymies most efforts to hold the government accountable for its abuses. Executive branch policy with regard to detention, interrogation, targeted killing and surveillance are kept secret, and that secrecy has been largely validated by a compliant judiciary that has dismissed almost all suits challenging human and civil rights abuses resulting from counterterrorism programs. Efforts by Congress to engage in meaningful oversight have met with mixed results; in the area of government surveillance, such efforts have been fruitless without the benefit of leaked information on warrantless surveillance by government insiders, since the executive branch has generally refused to make public vital aspects of its surveillance programs in ways that could give oversight efforts more muscle. At the same time, the executive branch has consistently defended the legality and efficacy of these surveillance programs. This paper considers the nature and effect of the warrantless surveillance infrastructure constructed in the United States since the terrorist attacks of September 11, 2001, and discusses surveillance-related powers and accountability measures in the United Kingdom and India as comparative examples. Through this analysis, this paper questions whether accountability over government abuses in this area exists in an effective form, or if governments have constructed a post-9/11 legal architecture with regard to surveillance that engenders excessive secrecy and renders accountability mechanisms largely meaningless.
Dispute Resolution in the Boundaryless Workplace
Authors: Stone Katherine V.W.
Published: July 2018

16 Ohio State Journal on Dispute Resolution 467 (2001)Since the Supreme Court's decision Gilmer v. Interstate/Johnson Lane Corp. which compelled an employee to submit his age discrimination claim to arbitration under the Federal Arbitration Act (FAA), there has been a dramatic increase in the number of nonunion firms adopting arbitration systems. At the same time, there has been a flood of lawsuits challenging these employment systems, and a corresponding avalanche of judicial opinions addressing the legal issues left open in Gilmer – issues such as the problematic nature of consent in employment arbitration, the deficiencies in due process, and the applicability of the FAA to employment contracts. These developments comprise the past and the present of employment arbitration, and were explored at length at the Symposium. This article addresses the future of dispute resolution in the workplace. The workplace is changing in ways that make arbitration, as well as other types of dispute resolution, more important than ever. In the changing workplace, it might be possible to design an arbitration system that would help to promote workplace fairness.
An Examination of the Coherence of Fourth Amendment Jurisprudence
Authors: Kahn-Fogel Nicholas
Published: July 2018

For decades, scholars have routinely attacked the Supreme Court’s Fourth Amendment jurisprudence as an incoherent mess, impossible for lower courts to follow. These scholars have based their claims almost entirely on qualitative analysis of the Court’s opinions. This Article presents the first systematic evaluation of the consensus view of Fourth Amendment law as incoherent. The primary method I use to evaluate the coherence of the body of law is an assessment of lower court performance on Fourth Amendment issues the Supreme Court would later resolve. Because the Supreme Court’s agreement with lower courts likely reflects, at least in part, the clarity of the Supreme Court’s previous pronouncements, a high rate of agreement between lower courts and the Supreme Court would tend to suggest the coherence of the field. On the other hand, if the Court concludes most lower courts got the wrong answer to a Fourth Amendment question, that conclusion suggests either a lack of clarity in the Court’s precedent or that the Court simply shifted course after having issued seemingly straightforward pronouncements in the past. Either of these possibilities would suggest a kind of incoherence or instability in Fourth Amendment law. I examine lower court decisions dealing with issues the Supreme Court subsequently addressed over the course of twenty Supreme Court terms. Because Supreme Court cases tend to deal with the most difficult, divisive issues, I also compare the frequency with which the Court has felt compelled to review Fourth Amendment questions to the rate at which the Court has dealt with other important constitutional issues.
The Health Security Act: Coercion and Distrust for the Market
Authors: Beresford H. Richard
Published: July 2018

79 Cornell Law Review 1405 (1994)
Mandatory Private Treaty Application? On the Alleged Duty of Arbitrators to Apply International Conventions
Authors: Schroeter Ulrich G.
Published: July 2018

International arbitration, an institution that Pierre Karrer has shaped and influencedthrough his practical work as a leading international arbitrator as well as through hisscholarly writings, aims at the peaceful settlement of disputes by practical, foreseeableand reasonably fast decisions, thereby eventually serving the development of internationaltrade. The creation of uniform commercial law by way of internationalconventions is driven by a very similar aim, namely the removal of legal barriers in andthe promotion of the development of international trade through the adoption ofuniform rules governing international contracts. International arbitration and uniformlaw conventions generally act in a complementary manner by following reasonablyconsistent policy norms, one as a means of international dispute settlement, the other by creating an international ‘level playing field’ in the law governing the merit ofdisputes.
The Combatant's Stance: Autonomous Weapons on the Battlefield
Authors: Ohlin Jens David
Published: July 2018

Do Autonomous Weapon Systems (AWS) qualify as moral or rational agents? This paper argues that combatants on the battlefield are required by the demands of behavior interpretation to approach a sophisticated AWS with the “Combatant’s Stance” — the ascription of mental states required to understand the system’s strategic behavior on the battlefield. However, the fact that an AWS must be engaged with the combatant’s stance does not entail that other persons are relieved of criminal or moral responsibility for war crimes committed by autonomous weapons. This article argues that military commanders can and should be held responsible for perpetrating war crimes through an AWS regardless of the moral status of the AWS as a culpable or non-culpable agent. In other words, a military commander can be liable for the acts of the machine independent of what conclusions we draw from the fact that combatants — even artificial ones — must approach each other with the combatant’s stance.The basic framework for this liability was established at Nuremberg and subsequent tribunals — both of which focused on how a criminal defendant can be responsible for allowing a metaphorical “machine” — such as a concentration camp — to commit an international crime. The novelty in this technological development is that the law must shift from dealing with the metaphor of the “cog in the machine” to a literal machine. Nonetheless, this article also concludes that there is one area where international criminal law is ill suited to dealing with a military commander’s responsibility for unleashing an AWS that commits a war crime. Many of these cases will be based on the commander’s recklessness and unfortunately international criminal law has struggled to develop a coherent theoretical and practical program for prosecuting crimes of recklessness.Published: Jens David Ohlin, "The Combatant's Stance: Autonomous Weapons on the Battlefield," 92 International Law Studies (2016)
Freedom from Official Corruption as a Human Right
Authors: Spalding Andrew B.
Published: July 2018

International law does not currently regard an act of official corruption as the violation of a human right. But as recent steps by Chinese leaders, political shifts in India, the EuroMaidan in Ukraine, and the Arab Spring all reflect, an international consensus is emerging that corruption is a pervasive and pernicious social problem, structural obstacle to economic growth and threat to global security.Coauthored with Matthew Murray U.S. Deputy Assistant Secretary of Commerce for Europe, the Middle East, and Africa
Stings and Scams: ‘Fake News,’ the First Amendment, and the New Activist Journalism
Authors: Dorf Michael C. , Tarrow Sidney
Published: July 2018

Constitutional law, technological innovations, and the rise of a cultural “right to know” have recently combined to yield “fake news,” as illustrated by an anti-abortion citizen-journalist sting operation that scammed Planned Parenthood. We find that the First Amendment, as construed by the Supreme Court, offers scant protection for activist journalists to go undercover to uncover wrongdoing, while providing substantial protection for the spread of falsehoods. By providing activists the means to reach sympathetic slices of the public, the emergence of social media has returned journalism to its roots in political activism, at the expense of purportedly objective and truthful investigative reporting. But the rise of “truthiness” — that is, falsehoods with the ring of truth, diffused through new forms of communication — threatens the integrity of the media. How to respond to these contradictions is a growing problem for advocates of free speech and liberal values more generally.
Executive Opportunism, Presidential Signing Statements, and the Separation of Powers
Authors: Rodriguez Daniel B. , Stiglitz Edward H. , Weingast Barry R.
Published: July 2018

8 Journal of Legal Analysis 95-119 (2016)Executive discretion over policy outcomes is an inevitable feature of our political system. However, in recent years, the President has sought to expand his discretion through a variety of controversial and legally questionable tactics. Through a series of simple separation of powers models, we study one such tactic, employed by both Democratic and Republican presidents: the use of signing statements, which purport to have status in the interpretation of statutory meaning. Our models also show that signing statements upset the constitutional vision of lawmaking and, in a wide range of cases, exacerbate legislative gridlock. We argue that courts should not legally credit signing statements; we conclude by discussing executive opportunism broadly.
Riding Circuit: Bringing the Law to Those Who Need It
Authors: Zago Susan Drisko
Published: July 2018

This article surveys the Access to Justice movement in the United States and proposes including more types of professionals to develop longer term solutions that will alleviate barriers to the court system. This article discusses the need to expand the access to justice concept to reach beyond the courthouse to address civil legal issues before they blossom into litigation. Mobile outreach providing preventive lawyering and early treatment of societal problems can prevent delays and the bottleneck that many courts are seeing with the vast numbers of Self-Represented Litigants. A team of professionals including lawyers, social workers, nurses, counselors, translators and law librarians, working with a network of public librarians, can make a significant impact into the everyday lives of the working poor and folk of modest means in underserved areas.
Between Convictions and Reconciliations: Processing Criminal Cases in Kazakhstani Courts
Authors: Trochev Alexei
Published: July 2018

Cornell International Law Journal: Vol. 50 : No. 1 , Article 5The criminal justice system in Kazakhstan is full of contradictions: Soviet-era accusatorial bias in pre-trial detention and sentencing goes hand in hand with the pro-defendant bias in closing criminal cases. This paradoxical co-existence of seemingly contradictory biases fits well within the informal power map of the criminal justice system. The major reform—reducing prison population to decrease recidivism and minimize international shaming—was coupled with the more recent drives for closing cases on the basis of reconciliation, the total registration of crimes, and zero tolerance approach to combating crime have been achieved only through the change of the incentive structure in the criminal justice system. The post-Soviet innovation of closing criminal cases of public prosecution based on the reconciliation with the victim of crime has proliferated in Kazakhstan because this matched both the incentives of the key actors in the criminal justice system and demands from private actors who are involved in criminal proceedings. In contrast, other types of public participation, such as jury trials, which implement the right to a fair trial, give teeth to adversarial proceedings, and cultivate judicial independence—requirements of the Constitution of Kazakhstan—have rarely been used because they disrupt existing power relationships within the law-enforcement system.
Harmful Anti-Sex-Selective Abortion Laws Are Sweeping U.S. State Legislatures: Why do Some Pro-choice People Support Them?
Authors: Kalantry Sital
Published: July 2018

Anti-sex selective abortion laws punish medical professionals for performing abortions if they know that the patient’s motive for the abortion relates to the predicted biological sex of the fetus. Since 2009, nearly half of all state legislatures have considered bills to prohibit sex-selective abortion. The majority of the U.S. House of Representatives voted in favor of a similar ban in 2012. That same year, anti-sex-selective legislation was the second most proposed anti-abortion prohibition in the United States. Today ten states have enacted the bans, though they are (partially) unenforceable in three states.The laws stigmatize and stereotype Asian Americans, restrict women’s access to non-selective abortion, and are likely unconstitutional. Yet, elected officials who are pro-choice have voted in favor of the bans. Liberal media sources wrongly report that Asian Americans are aborting female fetuses at rates similar to people in India and China. Pro-choice people appear to be torn about how to react to these particular abortion restrictions.
Chinese Privacy Law: A Practitioner's Guide to Current Regulations, Future Trends & Business Applications
Authors: Li Tiffany , Zhou Zhou
Published: July 2018

The business case for understanding Chinese privacy law is clear. With China’s growing economic power and large consumer base, any international company seeking to profit from consumers in the region should expend resources on understanding how best to succeed in the Chinese market. This means that privacy officers must pay close attention to how privacy law is developing in China, both to keep up with current developments and to stay ahead of the curve by proactively implementing strategic policies.This Article provides a basic privacy practitioner’s guide to privacy law in China. First, the Article overviews the basic status of privacy laws and regulations in China. Second, the Article delves into the cultural and historical factors that may influence the development and application of Chinese privacy law. Finally, the Article offers practical lessons and hypothetical case studies for how to proactively help your company or organization succeed in China.
Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities
Authors: Hull Helia Garrido
Published: July 2018

Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 1 , Article 2. The Americans with Disabilities Act (“ADA”) is recognized as one of the most significant pieces of civil rights legislation in American history and is aimed at protecting the rights of individuals with disabilities. Unfortunately, as the ADA has developed, some attorneys have exposed methods of exploiting the provisions of the ADA for personal, pecuniary benefits—fee-driven lawsuits for violations of plaintiff-friendly provisions of Title III of the ADA. As a result of this exploitation, record numbers of Title III disability cases are being filed by a small group of plaintiffs and attorneys who have created a lucrative “cottage industry” of vexatious and profitable lawsuits that do little to protect individuals with disabilities or promote the spirit and purpose of the ADA. Vexatious ADA litigation frequently occurs under the guise of a meritorious suit ostensibly brought on behalf of an individual with a disability who is seeking equal access to public accommodations. However, once the lawsuit is filed it quickly devolves into a hunt for vulnerable small businesses that are not in full compliance with the ADA. By exploiting small businesses that are likely to settle quickly instead of engaging in lengthy, costly litigation, lawyers bringing these cases are able to quickly recover attorney’s fees. The profitability and ease with which these lawsuits can be brought has prompted some attorneys to find and file as many ADA violation suits as possible. While the attorneys generate high profits from these lawsuits, money is diverted away from the real need—correcting the underlying violation that justified the lawsuit and providing the disabled plaintiff with equality and accessibility.This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary’s response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.
Global Uniform Sales Law – With a European Twist? CISG Interaction with EU Law
Authors: Schroeter Ulrich G.
Published: July 2018

13 Vindobona Journal of International Commercial Law and Arbitration (2009), pp. 179-196The paper investigates the interaction between the United Nations Convention on the International Sale of Goods of 11 April 1980 (CISG) and European Community law. It outlines the historical involvement of the European Community in the efforts to create a global uniform sales law (first through the Hague Sales Laws, then through the CISG), before elaborating on the way in which the CISG has influenced various law making efforts of the EU (the EC Consumer Sales Directive, the EC Late Payments Directive, other EC Directives, the ongoing plans to create a European 'Optional Instrument', and the revised rule on the jurisdiction of the courts at the place of performance under Article 5 No. 1 of the Brussels I Regulation). The final part of the paper concentrates on the influence the CISG has and could have on the interpretation of European Community law, and makes the case against the European Court of Justice's power of interpretation over the CISG.
Drawing the Line Between Lay and Expert Opinion Evidence
Authors: Chin Jason , Tomiska Jan , Li Chen
Published: July 2018

This article examines the vanishingly thin line between lay and expert opinion evidence in Canada. In Parts I and II, we set the stakes. Canadian trial courts have been warned by peak scientific bodies and public commissions like the Goudge Inquiry about the dangers of attorning to persuasive expert witnesses. Thus, expert evidence faces new hurdles, both substantively and procedurally. This scrutiny has inspired parties to seek refuge in the more flexible and discretionary lay opinion evidence rules. But newfound vigilance to expert opinion is invalidated if the same evidence can be admitted as lay opinion. Parts III and IV illustrate this problem as we examine three cases in which authoritative lay witnesses opined on topics requiring specialized training and expertise. Three hazards are readily apparent from this analysis: (1) the lay witnesses opined on matters in which there are established methodologies to control for unconscious bias, but did not follow these methodologies; (2) the lay witnesses – police officers – were authority figures but were not qualified as experts in the area they were opining on, and; (3) the lay opinion jurisprudence has failed to meaningfully distinguish between lay and expert opinion. In Part V we seek to fill this void by proposing a new analytic approach – Lay Opinion 2.0 – which draws on both the practical and epistemological distinction between lay and expert opinion to provide an efficient and fair test for the admission of lay opinion evidence.
Russia & Legal Harmonization: An Historical Inquiry into IP Reform as Global Convergence and Resistance
Authors: Mamlyuk Boris N.
Published: July 2018

10 Washington University Global Studies Law Review, (2011)This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with an examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence, and tension between state ideology, positive law, and "law in action." The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has emerged as one of the largest hurdles for Russia's prolonged accession to the World Trade Organization (WTO), these historical precedents may help explain Russia's apparent theoretical and political disconnect from the WTO. If Russian policymakers and many Western analysts agree that Russia has complied with all necessary structural adjustment reforms for WTO accession (including reforming its IP legislation), then deeper points of contention between Russia and the West must be identified. One point of departure, the Article posits, is Russia's lingering inability to convey adherence to general international law.Thus, this Article re-conceptualizes the link between domestic and international legal orders by connecting the IP debate to broader debates over the nature of international law in the Soviet and post-Soviet space. Specifically, Part I examines how Soviet theorists attempted to reconcile IP regulation with Marxist ideology and socialist international law. Part II surveys the main IP law reform projects in post-Soviet Russia from 1992 to 2006, with particular emphasis on harmonization with global legal standards. The second part also provides a brief comparative analysis of Russia's latest IP law (effective 2008) and copyright protections in U.S. law as well as the 1971 Berne Convention. The Article concludes with an overview of doctrinal debates within Russia over harmonization, WTO accession, and international law. These debates shed light on the development of local resistance to further legal harmonization efforts, an issue of immediate relevance not just for policymakers working with Russia, but for broader law and development debates.
The Perverse Consequences of Disclosing Standard Terms
Authors: Wilkinson-Ryan Tess
Published: July 2018

103 Cornell L. Rev. 117 (2017)Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are at best potentially helpful, and at worst harmless. This Article makes the empirical case that unread terms are not a neutral part of American commerce; instead, the mere fact of fine print inhibits reasonable challenges to unfair deals. The experimental study reported here tests the hypothesis that when a policy is disclosed as a boilerplate contract term, it appears more legitimate, both morally and legally, than if it is disclosed elsewhere—even if the term would be plausibly subject to legal challenge in either case. Subjects from an in-person campus sample were randomly assigned to read about a consumer policy communicated either as a standard term in a form contract, or as a company policy available on the firm’s website. They were more likely to think that harsh policies were legally enforceable, and morally defensible, when the policies were in the fine print—and were more likely to object to a policy that was publicly available but not within the standard terms. Disclosing onerous terms up front does not affect consumer choice ex ante but creates a problematic assumption of enforceability when the terms turn out to be troublesome ex post. These results were also replicated using a sample of subjects from the general population. If correct, this phenomenon presents a substantial challenge to the traditional economic analysis of private bargaining in contract. The Article concludes with an analysis, in light of these findings, of doctrinal, political, and market mechanisms for policing unfair terms.
OSF Preprints [Review]
Authors: Riegelman Amy
Published: July 2018

OSF Preprints is an open access option for discovering multidisciplinary preprints as well as postprints and working papers. OSF refers to the Open Science Framework which was developed by the Center for Open Science. Key features of this product include an open infrastructure and a public API. Authors who submit content to OSF partner repositories have licensing options and autonomy for selecting disciplines and tags that affect how users discover the content. As this review explains, the search interface is clean and easy to use. Branding using the word 'preprints' may confuse users who would ultimately discover preprints as well as postprints and working papers. Moderation varies among partner repositories (PsyArXiv) discoverable in OSF Preprints.
Spraying Beta: Information Behavior in the Small World of Rock Climbing
Authors: Norlander Bree
Published: July 2018

Observations at an indoor rock climbing gym reveal Elfreda Chatman’s use of the small world concept in action. The behaviors of the “legitimized others,” (Chatman, 1999) or what I will call the core community of climbers can be analyzed through the four concepts of Chatman’s Theory of Normative Behavior: Social Norms, Worldview, Social Types, and Information Behavior (Burnett, Besant, & Chatman, 2001). I will discuss each concept in turn, and model a climber’s information behavior as it pertains to climbing a selected route. I will also be drawing on sociological research into subculture, which shares many of the characteristics of Chatman’s small world.
Community Aligned Service Providers - ALA Midwinter 2018 ACRL/SPARC Forum
Authors: Bowley Chealsye
Published: July 2018

Panel presentation on community aligned service providers for the ACRL/SPARC Forum session at ALA Midwinter 2018. Session description: “Shaping the Landscape of Open Access Publishing: Individually, Locally, Collectively.” With the acquisition and creation of scholarly communication platforms/infrastructure by major commercial entities, the balance of influence continues to shift. This forum will bring together library stakeholders for a conversation about how the library community can reassert its influence to shape the open access publishing landscape. This session is designed to reach a broad range of librarians and other information professionals. Panelists will focus on: 1) individual action: ‘what can one person do?’; 2) local coordinated action: ‘how can one group or institution effect change?’; and, 3) collective action: ‘how can libraries work together to provide sustainable alternatives?’
Research Data Preservation: Beyond Data Sharing and Open Science
Authors: Currier Brett D. , Kim Bommae , Edwards Cynthia , Butler Courtney R.
Published: July 2018

Originally presented to the 2017 DLF Forum, Pittsburgh, PA.Recommended citation: Currier, B. D., Kim, B., Edwards, C., & Butler, C. R. (2017). Research Data Preservation Beyond Data Sharing and Open Science. Presentation to the 2017 DLF Forum, Pittsburgh, PA. Accessed through LIS Scholarship Archive. Available at http://doi.org/10.17605/OSF.IO/A8HM2 Research data preservation has often been discussed as part of data sharing and open science. However, research often involves data with restrictions, and regardless of sharing, preservation is a crucial process for research integrity. This presentation walks through questions for thinking about legal issues in data.
The Changing Dynamics of Publishing and Impacts on Science Communication
Authors: Regier Ryan
Published: July 2018

A presentation documenting recent changes in Science Communication to the Public Health Agency of Canada Staff. Including Open Access, Copyright, "Predatory" Publishing, Peer Review, and Preprints.