What is intellectual property lore? It is accepted wisdom and understandings about doctrines and policies. The chapters in this volume revisits many accepted wisdoms and understandings about copyright piracy, trademarks during wartime, plagiarism, human rights, and more.
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Rebecca Schoff Curtin
This chapter explores the relationship between Locke’s philosophical views regarding property and his actual commercial dealings with publishers, as evidenced by the series of transactional documents that have survived in the Lovelace Collection of Locke’s papers at the Bodleian Library. It builds on prior work in which I have argued that in the agreements between publishers and authors of the seventeenth and early eighteenth centuries, we can find evidence of an emerging sense of author’s copyright prior to the passage of the Statute of Anne. One interest of this chapter is in understanding if and how theory informed Locke’s practice. But perhaps more importantly, these transactions provide a case study of how a sophisticated author of the day, who was demonstrably well informed on both the theoretical ideas and the economic realities at play in the market, managed his literary property.
Edited by Michael Burger
Edited by Julie Fraser and Brianne McGonigle Leyh
This Research Handbook focuses on economic, social and cultural rights (ESCR), and the respective chapters explore the specificities of ESCR globally, regionally and domestically. Against the backdrop of the indivisibility and interdependence of all human rights, as well as the interplay of the various human rights systems outlined in Part I of the book, Chapter 1 provides an overview of the international human rights system that includes an analysis of the layers, applicability and universality of the system in its entirety. The chapter first traces the development - largely as a response to the atrocities of World War II - of the Charter-based system plus the two cornerstone international human rights treaties, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Thereafter, the chapter provides a brief overview of each of the international treaties in the treaty-based system, with a focus on ESCR.
Julie Fraser and Brianne McGonigle Leyh
International law, as applied around the world, is presented as not limited or bound by a particular culture, but applicable to all situations regardless of cultural differences and diversity. However, as revealed especially in practice, law and culture are intertwined and cannot be so clinically separated. As evinced in the social sciences, culture influences our view of the law, of the facts to which it applies, and the fairness of any outcome. This raises important issues for the International Criminal Court (ICC) and its international reach and universal appeal. The ICC deals with ‘culture’ in a number of ways in its operations, for example it has a large translation and interpretation section that works with langauges including Arabic, Lingala and Zaghawa. While such examples may be apparent to most, this chapter reiterates the ubiquity of culture and draws out the often implicit and overlooked role of ‘culture’ at the ICC.
This book, Combating Climate Change with Section 115 of the Clean Air Act, sets forth a comprehensive assessment of how one statutory provision – Section 115 of the Clean Air Act, “International Air Pollution” – provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states to take national climate action. The book grows out of an earlier collaborative effort, involving many of our contributing writers, that culminated in publication of an article, Legal Pathways to Reducing Greenhouse Gas Emissions under Section 115 of the Clean Air Act, in the Georgetown Environmental Law Journal, in 2016. In that article, we concluded that regulation of GHG emissions under Section 115 is legal because the provision applies to GHG emissions and the prerequisites for invoking the provision – foreign endangerment and reciprocity – are satisfied. We also concluded that regulation of GHG emissions under Section 115 is good policy both because EPA and the states can use market mechanisms and obviate the need for multiple sector-by-sector regulations and because EPA can tie action under the provision to the national goal set forth by the U.S. in its Paris Agreement commitments. In this book, we make important adjustments and updates to the thinking in that piece to reflect all that has happened in the intervening years – including developments in the United Nations Framework Convention on Climate Change (UNFCCC), the U.S. Supreme Court, and U.S. politics. We also dive deeper into the key implementation issues EPA and the states would need to address. But the analysis is consistent, and the conclusion is ultimately the same: although Section 115 is not the only existing authority a future president and EPA administrator can, should, or will rely on to address climate change, it is a powerful one, with clear advantages for the federal government, the states, and the private sector. This chapter provides an Introduction to the book, and an overview of the analyses in the chapters that follow.
Bruce Porter, Jackie Dugard, Daniela Ikawa and Lilian Chenwi
This book has three purposes. The first is education. The regulatory profession has no comprehensive text presenting the legal, economic, financial and accounting issues raised by electricity mergers. A new regulator learns the subject from warring parties unlikely to present matters objectively. The second purpose is evaluation. Each individual merger draws criticism, but no one has addressed the cumulative effects. The third purpose is recommendation. We need a consistent set of principles that can guide these private transactions toward public interest outcomes; principles that address these questions: What services do customers need? What market structures and company types will most cost-effectively provide these services? When I’ve advised regulators to create a merger policy, I’ve gotten one of two answers: “We have no merger pending, so we don’t care about it”; or “We have a merger pending, so we can’t talk about it.” This book is for those who care about electricity mergers and want to talk about them.