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This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses ... historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the
future federal laws benefiting tribes and native peoples. And, it did so without the consent of the tribes located within Maine. In addition to recognizing how economic and political realities influenced ... 1970s negotiations, as well as useful understandings into the larger political, social, legal, and economic context of the time.20 This Article seeks to build upon these reports, studies, books, hearings
central functions of human art in society to broader socio-political objectives and arguments for improving AI – strongly support the introduction of a system for remunerating human authors (Sect. 2).8 For ... artistic creations are of particular value to society as a whole.15 Artwork by fleshand-blood authors provides important impulses for social and political change by modelling experimental practices that open
?” Is there a hidden political dynamic? But “hidden” means hard to find. So maybe we should look for the answer in a related jurisdiction that keeps more extensive records of its government’s
Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion ... presidential supremacy, we should instead look to text, history, and structure for guidance on how the political branches can legitimately and affirmatively negotiate their emergent responsibilities. This
course, ideally, legislatures are always reasonable and evidence-driven representatives of people. However, this political obligation is also a constitutional obligation only if legislatures decide to
important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing ... philosophy and using his rights-sensitive balancing process as a guide in managing the transition to electronic records. It offers a glimpse into how Judge Coffin, if asked, might go about the task of
differences in our research design is that Tolonen’s work draws more heavily on legal theory and even legal philosophy when theorizing on the underlying ideal models of legislation to be compared. 13 ... personhood of the creator. Finally, the protection of ‘‘custom’’, with its origins in Scottish Enlightenment philosophy, has also left its mark on US IP laws, according to Aoki ( 2006 ). 77 Samuelson (1993
book describes how these two governments eroded liberal institutions in the political sphere - such as principles of the separation of powers and rule of law that underpin a democratic system - as well ... as in the economic sphere - backing away from a commitment to market competition and expanding the active role of the state.1 Under this definition of populism, centralization of political and economic
potential labyrinth of litigation. A SLAPP (Strategic Lawsuit Against Public Participation) is a lawsuit that typically has no merit, but is filed to prevent the defendant from participating in a political ... School of Law Digital Commons. For more information , please contact , USA - ELECTION SLAPPS: EFFECTIVE AT SUPPRESSING POLITICAL PARTICIPATION AND GIVING ANTISLAPP STATUTES THE SLIP I. II. III. IV
Copyright protection of government-related material lies at the intersection of private incentives, public interest, and political motivation. These interests naturally clash. Therefore, the ... the copyright protection of government-related material against the background of rapid technological advancement and substantial ongoing societal and political change. Taking into account the
their motions.158 First considering the question of equal protection, the court determined the definition of Indian child was a racial, rather than political, classification.159 The court reasoned that ... families.194 To determine the constitutionality of these provisions, the courts first question was whether they are based on political or racial classifications.195 Political classifications need only to
. While the analysis is limited to EU law, its implications are not. As is well known, GI protection is a key political interest of the EU and in particular some Member States and protection for ‘‘crown ... examples from French case law). 49 It appears that Milan is home to a wine bar called ‘‘Champagne Socialist’’, whose self-declared philosophy is ‘‘Wine tonight, revolution tomorrow’’. 50 Jack Daniel’s
Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from
Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from
article approaches the issue from a new contextual perspective that includes economics, philosophy, history, and law. It posits that while the concepts are similar, the common law conception of the Rule of ... “deep state,” while initially most burdensome on economic development, also intrudes on the full range of American life including political participation and personal decisions.11 This administrative
relationship was almost always ignored and belittled. In recent decades, with the rise of the federal policy favoring tribal selfdetermination, that narrative is changing to some extent as a political matter ... that the judiciary undermines federal Indian affairs policy at will, just as tribal nations have begun to successfully assert political power in Congress and governmental capabilities at home.34 This is
to determine if a sign has been transformed into a generic term. These criteria have economic and political relevance, as genericness is not a trivial issue. The European Court of Justice (ECJ) has
issues of our time. However, what should be measured and how to measure it is not a merely technical issue but depends on political choices: the concept of sustainability should be declined as plural. In ... New York University, at the 2019 Pan-European Conference on International Relations in Sofia on the 14th of September 2019, and at the Law and Political Economy in Europe Early Career Workshop in Oxford
the law itself from the impartial anchor of our social system into a political tool that legitimizes a new “false center.” Consequently, by failing in its role as a neutral force immune to political ... society is daunting.2 There are as many approaches as there are political interests, and none can truly claim absolute impartiality.3 However, it is empirically settled that civilizations have an increased
