8 results
Search Results
2. The Kirtsaeng and SCI-HUB Cases: The Major U.S. Copyright Cases in the Twenty-First Century.
- Author
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Greco, Albert
- Subjects
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COPYRIGHT lawsuits , *COPYRIGHT , *COPYRIGHT infringement , *ACTIONS & defenses (Law) - Abstract
There has been a plethora of substantive copyright cases in the history of the United States. Two of the most important cases in the last few years were: the Kirtsaeng case before the Supreme Court of the United States; and the SCI-HUB case before the United States District Court in the Southern District of New York. This paper addressed the key copyright issues raised in each case, including a discussion of relevant sections of the Copyright Law of the United States (17 U.S.C.) as well as suggestions the book and scholarly journal industries could consider addressing the insidious impact of copyright violations. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
3. Legal Issues Surrounding Single-Sex Schools in the U.S.: Trends, Court Cases, and Conflicting Laws.
- Author
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Brown, Christia
- Subjects
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SINGLE sex schools , *SINGLE sex classes (Education) , *PUBLIC schools , *SEGREGATION in education , *GENDER stereotypes , *EDUCATION & politics , *ACTIONS & defenses (Law) , *EDUCATIONAL law & legislation , *GENDER differences in education , *LAW ,NO Child Left Behind Act of 2001 - Abstract
The No Child Left Behind Act of 2001, followed by the 2006 U.S. Department of Education regulations, represented a drastic change in American public policy by allowing for sex segregation in public schools-as long as it is voluntary, students are provided a substantially equal co-educational option, and the segregation substantially furthers an important governmental objective. Although existing federal and state laws explicitly ban sex segregation, the Courts have historically allowed single-sex schooling within higher education if it does not perpetuate gender stereotypes. Because of the recent public policy changes, there has been a rapid increase in single-sex education within the U.S. public elementary and secondary school system. Many of the now single-sex public schools, however, began segregating because they believe that boys and girls should be taught differently due to innate differences in learning styles and interests. The result is that many of these schools base their educational practices on gender stereotypes. This contradiction of existing laws and precedents has resulted in ongoing lawsuits. This paper offers a review of the legal issues and court cases surrounding single-sex education in the public school system. [ABSTRACT FROM AUTHOR]
- Published
- 2013
- Full Text
- View/download PDF
4. Do Judicial Responses to Restraining Order Requests Discriminate Against Male Victims of Domestic Violence?
- Author
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Muller, Henry, Desmarais, Sarah, and Hamel, John
- Subjects
- *
DOMESTIC violence , *VICTIMS of domestic violence , *RESTRAINING orders , *COURT orders , *ACTIONS & defenses (Law) , *SEX discrimination - Abstract
Every state in the United States authorizes its courts to issue civil orders of protection for victims of domestic violence. Ideally, restraining orders should be available to all victims. However, consistent with the patriarchal paradigm, research suggests that judicial responses to domestic violence temporary restraining order (TRO) requests may be sex-differentiated. This paper reports on a study that explored equal protection issues in family law by evaluating gender and violence profiles of a random sample of 157 TRO petitions involving intimate partners, dating couples, and married persons in a California district court. The majority of cases involved allegations of low or moderate levels of violence perpetrated by male defendants against female plaintiffs. Although there were no systematic differences in level of violence as a function of plaintiff sex, judges were almost 13 times more likely to grant a TRO requested by a female plaintiff against her male intimate partner, than a TRO requested by a male plaintiff against his female partner. Further analyses revealed that this sex differentiation was limited to cases involving allegations of low-level violence. [ABSTRACT FROM AUTHOR]
- Published
- 2009
- Full Text
- View/download PDF
5. Revisiting the Dartmouth Court Decision: Why the US has Private Nonprofit Agencies Instead of Public Non-Governmental Organizations (NGOs).
- Author
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Lee, Mordecai
- Subjects
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NONPROFIT organizations , *NONGOVERNMENTAL organizations , *LEGAL judgments , *ACTIONS & defenses (Law) , *CORPORATIONS - Abstract
In 1819, the US Supreme Court ruled in Dartmouth v. Woodward that Dartmouth College, even though originally chartered by government, was legally akin to a private corporation. This landmark decision was the founding legal document of what has become the American private nonprofit sector. While the decision has attained hagiographic status, this paper explores what the US nonprofit sector would look like if the Supreme Court had ruled the other way. Using alternate history and scenario writing as research methodologies, it highlights the invisible losses due to the decision and depicts what a public nonprofit sector would have looked like. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
6. Shared Being, Old Promises, and the Just Necessity of Affirmative Action.
- Author
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McHugh, Peter
- Subjects
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AFFIRMATIVE action programs , *SEGREGATION , *CONSTITUTIONAL courts , *ACTIONS & defenses (Law) , *LEGAL judgments , *SLAVERY - Abstract
Although the residues of official segregation are widespread, affirmative action continues to meet resistance in both official and everyday life, even in such recent Supreme Court decisions as Grutter v Bollinger (539 U.S. 306). This is due in part to a governing ontology that draws the line between individual and collective. But there are other possibilities for conceiving the social, and I offer one here in a theory of affirmative action that is developed through close examination of sharing and promising as elemental qualities of equitable communal life. The nature and value of these actions are demonstrated in narrative formulations of fairness as exemplified in triage and the situation at the end of slavery; of the difference between equality and equity and how justice depends on their conjunction; and finally of theorizing how these may come together in the permutable, opaque, yet resilient interdependence of person and community that represents most deeply the Greek idea of two in one, that is, of one two, not two ones. In these respects the paper is successful insofar as it discloses the kinds of reasoning that underlie both resistance and commitment to affirmative action. [ABSTRACT FROM AUTHOR]
- Published
- 2005
- Full Text
- View/download PDF
7. Sociologists in Action: The McMartin Sexual Abuse Case, Litigation, Justice, and Mass Hysteria.
- Author
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Fukurai, Hiroshi, Butler, Edgar W., and Krooth, Richard
- Subjects
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CHILD sexual abuse , *CRIMINAL procedure , *SEX crimes , *CRIMINAL justice system , *JURORS , *ACTIONS & defenses (Law) - Abstract
This paper describes our involvement as jury consultants in one of the most notorious criminal trials in history-the McMartin child-molestation trial in Los Angeles. The McMartin trial was the longest and costliest criminal trial in American history. The prosecution spent $15 million and took nearly six years in making a criminal case against day-care workers, only to have the jurors declare them not guilty. The defendants in the McMartin trial were charged with molesting young children at a preschool in Manhattan Beach, Los Angeles County, California. In 1987, we had performed scientific defense voir dire jury selection to choose the most impartial jurors to try the two defendants, Raymond Buckey and Peggy Buckey McMartin. In performing scientific jury selection, both a community survey and pre-voir dire questionnaires served as an important empirical foundation to assess jurors' attitudinal, demographic, and socioeconomic characteristics to develop the effective juror profiles for the trial. [ABSTRACT FROM AUTHOR]
- Published
- 1994
- Full Text
- View/download PDF
8. Charges fly in $1bn hormone patent battle.
- Author
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Dalton, Rex
- Subjects
- *
SOMATOTROPIN , *PATENT infringement , *ACTIONS & defenses (Law) , *UNIVERSITIES & colleges - Abstract
Describes progress in the legal case in which the University of California, San Francisco, alleges that Genentech Inc. infringed on its patent for DNA for human growth hormone. Hormone leading to the development of the drug Protropin; Views of Genentech executives about the case; Details about key testimony; Problems with a paper published in `Nature' related to the case; Colleagues who have had to tesify against one another. INSET: Who's telling the truth about crucial plasmid?.
- Published
- 1999
- Full Text
- View/download PDF
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