bluuebunny/crossref_metadata_2025_split huggingface dataset:
The WIPO Development Agenda in an Historical and Political Context
Authors: Roffe Pedro , Vea Gina 
Published: January 2009

Abstract
This chapter traces the chain of events and political debate surrounding the evolution of the international intellectual property (IP) architecture from the establishment of the Paris Convention in the 19th century, to reform efforts by developing countries in the 1970s, and the recent initiative in WIPO on a Development Agenda. It illustrates that tensions around striking an appropriate balance between public interests and private rights have persisted since the inception of the IP system. Furthermore, it shows that the establishment of the Paris Convention was the result of a strategic compromise between those who wanted to promote the recognition of patents beyond national boundaries, and those who feared that outright protection of foreign inventions might hamper local industrialization. Countries have continued to grapple with IP and development through the five revision conferences of the Paris Convention, waves of national reforms and attempts to rebalance the international IP system, the advent of the TRIPS Agreement, and finally the adoption of the WIPO Development Agenda.
Historical Perspectives on Patent Systems in Economic Development
Authors: Khan B. Zorina , Sokoloff Kenneth L. 
Published: January 2009

AbstractThis chapter examines the structures of patent systems in countries around the world and how they evolved over the course of the 19th century. It focuses on the sources of innovation in the design of intellectual property institutions and the systematic variation in the specifications of intellectual property institutions across countries and over time. The chapter analyzes the effects of the respective systems on patterns of patenting, the composition of inventors, and the direction of inventive activity. It discusses how and why there was a marked tendency towards convergence in international patent laws over the 19th century. Finally, the chapter highlights the lessons that history offers for today's developing countries, concluding that intellectual property institutions function best when their rules and standards are flexible and adjust to individual circumstances.
Antitrust, Patents, and Developing Nations
Authors: Barton John H. 
Published: January 2009

Abstract
This chapter reviews the balance between patent law and antitrust law from the perspective of developing nations, looking in turn at those principles governing the exercise of monopoly power, those governing oligopolies, and those governing licensing and ownership relations between foreign and domestic firms. It recommends development of detailed specific patent-antitrust principles to be used in interpreting developing-nation antitrust law. It also recommends new international antitrust arrangements to deal with global oligopolies and mergers, and with the transnational enforcement of antitrust decrees that affect patent rights. Such arrangements would be in the interest of the entire world, not just of developing nations.
Contours of an International Instrument on Limitations and Exceptions
Authors: Hugenholtz P. Bernt , Okediji Ruth L. 
Published: January 2009

Abstract
This chapter examines policy options and modalities for framing an international instrument on limitations and exceptions to copyright within the treaty obligations of the current international copyright system. It considers this international copyright acquis as the general starting point and evaluates options for the design of such an instrument, including questions of political sustainability and institutional home. Section I sketches the rationales for a multilateral approach to the question of limitations and exceptions. Section II explores flexibilities inside the international copyright acquis, reviews the three-step test, and assesses its import for the validity of a proposed international instrument on L&Es, particularly given the expansion of the test in the TRIPS Agreement and the interpretive jurisprudence of the WTO dispute panels. Finally, section III sets out in preliminary fashion the basic contours of a multilateral instrument on L&Es.
Implied Marriage Agreements
Authors: Lind Göran 
Published: January 2009

Abstract
This chapter focuses on several aspects concerning inferred agreements in relation to marriage contracts. Section 7.2 addresses the reasons for accepting inferred agreements, with the establishment of a common law marriage. Section 7.3 considers the development of the law with respect to inferred agreements during the 1800s and 1900s. Section 7.4 addresses the status of inferred agreements today. Thereafter, a presentation concerning the most common evidentiary facts cited as support for inferred agreements is provided in Section 7.5. The courts's reasonings in a number of cases are further discussed in order to explore how the facts cited are used in the finding of the existence of an inferred marriage contract in Section 7.6 as well as the reasonings given in the cases in which no contract was found proven, as discussed in Section 7.7. The chapter ends with a summary and conclusions as to the present status of the law with respect to inferred agreements.
The Fourth Amendment
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This book tells the full story of the Fourth Amendment's complex history leading up to its ratification, including its intellectual roots in England. The Fourth Amendment's protection against unreasonable search and seizure provides the bulwark for police regulation and many other government functions in the United States. One of the most controversial rights in the Bill of Rights, this amendment is also among the most frequently adjudicated provisions of constitutional law. Yet its meaning has remained deeply contested, and the story of its origins is largely unknown. This book has particular relevance today given the long list of controversial new surveillance measures undertaken by the government in recent years. It provides historical context to recent events such as the passage of the USA–Patriot Act, the NSA surveillance program, new surveillance techniques, and the emergence of data mining. There is—and will be for the foreseeable future—extensive attention given to the Fourth Amendment as it is applied to new technologies. The preface has been written by privacy expert Daniel Solove.
The English Practice of Search and Seizure, 1485–1642
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses the development of the concept of unreasonable search and seizure. The concept emerged in England after 1580 because the practice as well as the law of search and seizure had altered over the preceding century. The changes in practice were not only more drastic than those in the law but also more responsible for the appearance of the concept because they had the deepest impact on the lives and sensibilities of articulate Englishmen.
English and British Advocacy of the Specific Warrant, to 17601
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter discusses the origins of the specific warrant. By 1760, Britons had emplaced much of the intellectual foundation for what became the specific warrant clause of the Fourth Amendment. Specific warrants had progressed steadily in British law, and British politicians, lawyers, and assorted intellectuals had deposited a body of coherent thought, an ideology, in defense of those warrants. Specific warrants offered a viable substitute for the general warrant as the conventional method of search and seizure.
Issues Correlative to the Search Warrant, 1761–1776
Authors: Cuddihy William J. 
Published: January 2009

Abstract
This chapter shows that between 1761 and 1776, Britons and Americans discussed not only specific and general warrants but also the circumstances in which warrants should be issued, if privacy could be expected aboard ships as well as within houses, and the latitude of search that arrest warrants permitted. Although these topics had been considered before, they attracted greater attention in the decade and a half before the American Revolution. The twilight of the colonial period did not produce agreement on those topics, but it did generate a larger palette of ideas concerning them.
Unilateral Countermeasures
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
The most widely available forceful method of enforcing international law is the countermeasure. Countermeasures are regulated under the law of state responsibility. They are countermeasure to otherwise unlawful measures taken in response to a prior wrong, following notice by an injured state. Countermeasures must be proportional in the circumstances. They may include armed measures so long as the force used is minimal — such as in cutting nets of fishing vessels caught fishing in violation of treaties. Because economic measures are a common form of countermeasures, countermeasures are increasingly subject to prior adjudication by the World Trade Organization's Dispute Settlement Body. Thus, they increasingly resemble law enforcement measures of national legal systems.
National Court Enforcement
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
National courts have extensive control over people and assets and, thus, have impressive capacity to enforce international law. More international law is likely enforced through national courts than in any other manner. Decisions flowing from almost 200 court systems may lead to varying and even conflicting decisions as to the requirements of international law, possibly leading to fragmentation. New classical enforcement theory that teaches that natural law, positive law, and process theory can guide national courts to optimal decisions to keep international truly universal. These courts must also respect certain international law principles in the conduct of adjudication — from jurisdictional principles to due process. This chapter contrasts a decision of American courts refusing to enforce an ICJ judgment with a German decision speaking of the importance of doing so in support of individual human rights and the law of the international community.
Conclusions
Authors: O'Connell Mary Ellen 
Published: January 2009

Abstract
International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind all states no matter how powerful. It is through international law that competing powers and divergent cultures can reach consensus. International law's power is based on acceptance. It is endowed with enforcement capacity and the hope of all humanity.
Who Succeeds as an Entrepreneur in Ho Chi Minh City
Authors: Kim Annette Miae 
Published: January 2009

AbstractThis chapter details the operations of the case study firms in this book. They all faced four common challenges in converting agricultural land into large, private housing development projects on the periphery of Ho Chi Minh City: finding available land, negotiating compensation with current occupants, assembling development financing, and gaining permits and approvals. The chapter shows how the firms found and created a variety of institutional arrangements to overcome these hurdles and relied on the assistance of city district governments. It also distils the common characteristics and strategies of the firms who were successful.
The Social Construction of Entrepreneurs
Authors: Kim Annette Miae 
Published: January 2009

AbstractThis chapter outlines the alignment of interests which helped form the new economic relations and transactions behind Vietnam's private real estate market. Introducing the term fiscal socialism, it shows how the firms were able to connect the increased land use authority that was decentralized to under-funded local governments with the desire for more housing from the rapidly growing number of households with rising incomes but few investment alternatives. More importantly, the chapter details how the interests of fiscal socialism were aligned through the reconstruction of social cognition. It also shows how social cognition was re-constructed again when other members of society, particularly the rural population who were displaced for new urban development projects, contested their role in fiscal socialism.
Social Cognition
Authors: Kim Annette Miae 
Published: January 2009

AbstractInsights from cognitive science can help elucidate the processes of major economic and institutional change. Rather than relying on a single, rational agent model to explain new behaviors and institutions, the research findings in this chapter argue for the need for a socially constructed conception of cognition. Building upon recent literature from developmental psychology, cognitive institutionalism, and cognitive sociology, this chapter outlines a social cognition model of how social and power dynamics alter the cognitive processes of agents such as entrepreneurs in times of system-wide changes. Important factors include processes of attention, vicarious learning, and social structure. It also observes that while social, cognitive processes are key to major institutional change, this change is largely absent from international development discourse. This omission is conducive to propagating myths about universal, natural development strategies and helps to explains why economic changes happen so quickly in some places and not others.
6 Joseph Smith vs. John C. Calhoun: The States’ Rights Dilemma and Early Mormon History
Authors: Allen James B. 
Published: January 2009

Abstract
This chapter begins with a discussion of the 1832 secession crisis involving South Carolina, reminding us that the popular violence enacted against the Mormons occurred in the immediate context of national debates and crisis over the states' rights question. Constitutional interpretation unfolded against, and under the influence of, this backdrop. The same prevailing views favoring state autonomy over federalism that facilitated eventual civil war also facilitated Mormon oppression. The chapter thus offers a rare political and constitutional context for understanding the Mormons' difficulties, the development of Joseph Smith's political views, and his own involvement in the national campaign of 1844.
7 Joseph Smith and Creation of the Sacred
Authors: Bushman Richard Lyman 
Published: January 2009

Abstract
This chapter proposes a simple fundamental in its account for Joseph Smith's religious appeal: he met a human need for the sacred. So, of course, do all religions, but Smith was different, the chapter argues, in constructing the LDS faith around two potent loci: new sacred words and new sacred places. His additions to scripture blend audacity and self-effacing, summarily annihilating the principle of sola scriptura, even as the personality delivering its coup de grace for Mormons is subsumed in the voice of God. As for place, Smith literalized the concept of Zion and introduced into Christian worship the concept and physical reality of the temple. In the process, he became the first American religious figure to exploit the power of sacred space.
11 Tracking the Sincere Believer: “Authentic” Religion and the Enduring Legacy of Joseph Smith Jr.
Authors: Maffly-Kipp Laurie F. 
Published: January 2009

Abstract
This chapter furthers the project of an intellectually richer account of Mormonism by offering a critique of the centrality of sympathy in the polemics that have engulfed Mormon historical studies from their inception, and proposing an alternative. The critique is situated in a largely postmodern, anti-essentialist conception of identity as a malleable and fluid concept. At the same time, it notes in Smith's own turn to ritual a validation of appearances over essence, doing over being. A focus on the epic of Mormonism's narrative rather than its characters, on popular rather than elite Mormon history, and on the geographical varieties with their correspondingly different accounts of Mormonism—all are presented here as powerful antidotes to the snares of an approach that links, and therefore reduces Joseph Smith and the religion he founded to an irresolvable debate over human motives.
14 Joseph Smith and Nineteenth-Century Mormon Mappings of Asian Religions
Authors: Neilson Reid L. 
Published: January 2009

Abstract
This chapter turns to the subject of what Joseph Smith himself had to say about Mormonism's relationship to other religions, and ways of accommodating religious pluralism. It further traces the trajectories of Mormon thought on Eastern religious traditions, following the death of Smith, during the balance of the 19th century. Rather than fitting neatly into conventional religious studies paradigms, the chapter argues that the Latter-day Saints warrant their own categorization as restoration inclusivists.
Introduction
Authors: Outka Elizabeth 
Published: January 2009

AbstractThis chapter introduces the concept of the “commodified authentic” and the nostalgic, originary, and aesthetic forms of such marketing, examining the explosive growth of efforts to sell these various forms in Britain at the end of the nineteenth century. The chapter traces the interdisciplinary expressions of the commodified authentic and explores how such a strategy eased for consumers the abrupt transition from the Victorian age to the modern era. The chapter further analyzes the importance of the commodified authentic in the history of modernity and for the development of literary modernism. Tracing some of the central debates in modernist criticism—such Huyssen’s concept of “the great divide,” and the relations between modernism and material culture—the chapter argues that the commodified authentic offers a new way to explore two critical but missing parts of the equation: how commercial ventures in fact deployed and dismantled the vexed relationship between high and low culture, and how literary modernism developed not through a reliance on the great divide or its dismantling but on the uneasy movement between the two impulses, a movement intimately connected to the paradoxical impulse to construct authenticity. The chapter concludes with a detailed summary of the chapters that follow.
“Lustrous behind Glass”
Authors: Outka Elizabeth 
Published: January 2009

AbstractThis chapter moves from the department stores discussed in the previous chapter to the individual consumer gaze, examining the rapid growth and cultural importance of carefully constructed displays of “authentic” goods. The early writings of Virginia Woolf, including her novel Night and Day, structure the analysis of window shopping and self-fashioning before and after World War I. Both the fictional and the actual displays left behind the crowded, though often lavish, arrangements of the Victorian store window to present less cluttered exhibits with clean lines and single objects. The chapter explores how Selfridges, Woolf, and the new window displays satisfied in different ways some of the contradictory desires of the modern subject: the longing for the noncommercial, the pleasure in distinguishing between high and low culture, and a modern wish to acknowledge and even celebrate the constructed nature of this satisfaction. These very desires became a critical part of the modernist project, as such strategies promised to transcend distinctions between the “authentic” and the mass-produced, between an aesthetic modernism and a commercial modernity.
Influence of Conservative Economic Analysis on the Development of the Law of Antitrust
Authors: Kauper Thomas E. 
Published: January 2009

Abstract
This paper begins by noting a widespread unease, indeed a sense of “something gone wrong”—with today's antitrust enforcement. In particular, it notes a growing sense of too much emphasis on oversimplified and unrealistic economic models and too little emphasis on actual market effects. In an effort to understand Chicago School influence, the paper looks back to the 1950s and 1960s and describes the inviting target offered by excessive antitrust enforcement during those decades, citing many Supreme Court decisions ridiculed by almost all today. The Chicago School succeeded in part because of the nature of its opponent. Despite Chicago's undoubted, and generally constructive influence, it has not always achieved its sought-after outcomes. State-engineered exemptions from the federal antitrust laws (the “State Action Doctrine”) have grown in a way contrary to a primary reliance on the free market; there is no sign of Chicago influence in the federal legislative arena, and there is a growing concern about Chicago's oversimplified and unrealistic economic models that seem to ignore actual market facts.
The Sylvania Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?
Authors: Grimes Warren S. 
Published: January 2009

Abstract
This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored record facts and a jury finding to justify a cutoff of a discounting dealer. Although there was virtually no evidence of free riding by the discounter, Scalia rated the defense as “holy writ,” not as a concept to be measured against the evidence.
Centralization/Decentralization Dilemmas
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter discusses the centralization and decentralization challenges emerging from the water framework directive. For most member states of the EU, the mandate to manage water at the river basin involves an intricate balance between decentralization and centralization because some of the operational tasks delegated to local authorities would need to be coordinated better and some river basin planning would have to devolve to river basin institutions.
How to Predict Success in Water Management
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter discusses the role of national water institutions in water management and veto players as inhibitors of effective water management. The water framework directive (WFD) imposes a top-down model for water management that have to be applied by all states in order to create some level of harmonization of administrative space in the EU called Europeanization. Political veto players consist of a number of constituencies that perceive the implementation of WFD as a threat to their interests. These political veto players are primarily water users who are concerned about forfeiting perceived entitlements to water use. Other veto players are institutional — already established institutions could view with suspicion new authorities entrusted with water management or existing authorities vested with new powers.
Models of Water Policy
Authors: Louka Elli 
Published: January 2009

Abstract
This chapter begins with a discussion of institutional leadership in the implementation of the water framework directive (WFD). Many central and eastern European member states have assigned the implementation of the WFD to their ministries of environment. To address cross-sector coordination, most countries have established interministerial committees comprised of ministries that have to work together to effectuate implementation. Four models for managing water resources are then considered: the concurrent jurisdiction model, river basin model, soft coordination model, and structured collaboration model.