Indiana Journal of Global Legal Studies最新文献

{"title":"Managing Digital Resale in the Era of International Exhaustion","authors":"Seth Niemi","doi":"10.2979/gls.2023.a886172","DOIUrl":"https://doi.org/10.2979/gls.2023.a886172","url":null,"abstract":"Managing Digital Resale in the Era of International Exhaustion Seth Niemi Introduction The Copyright Act of 1970 and Directive 2001/29/EC of the European Parliament both guarantee copyright holders' exclusive rights of reproduction and distribution of their copyrighted material. Starting from a similar statutory basis, United States and European Union courts have diverged in their interpretation of these protections with respect to the first sale rule for digital goods. This paper analyzes the treatment of such \"digital exhaustion\" arguments under copyright law between the two legal systems from both the statutory interpretations employed and the policy rationales considered. The paper concludes by discussing the implications of adoption of digital exhaustion, within international law, for both copyright holders and consumers alike. I. Exhaustion Doctrine and the \"First Sale\" Rule The exhaustion doctrine is a long-standing tenet of American intellectual property law. The exhaustion doctrine historically acted as a common law limitation to the protection given to both copyright and patent holders whereby upon legal, unrestricted sale by the rights holder those rights were then \"exhausted,\" and the rights holder could not further restrict resale of the good.1 The Supreme Court articulated the common law principle in the 1852 Bloomer v. McQuewan case, wherein they held that when the product in question \"passes from the hands of the purchaser\" the product no longer falls within the \"limits of the monopoly\" given by the patent.2 This doctrine, known as the \"first sale\" rule, arises from the understanding that an unrestricted sale [End Page 375] entitles the purchaser to \"full enjoyment of that product.\"3 That enjoyment encompasses the use, lease, or resale of the good.4 While most individuals are unlikely to know this doctrine by name, it fits our inherent understanding of purchase and ownership.5 When we buy a product, we expect to be able to use that product as we wish and sell it again in the future without interference from the original seller.6 Patent exhaustion has been found to apply to method patents as well as the more typical exhaustion application to a utility patent. In Quanta Comput., Inc. v. LG Elecs., the Supreme Court considered the sale of computer parts produced through a process governed by a method patent.7 The Court held that patent exhaustion applies to method patents where the legally sold products \"substantially embody\" the patent in question.8 This reasoning concluded that, while patented methods were not \"sold\" in the traditional manner that goods protected by a utility patent may be sold, the underlying mechanism for patent exhaustion still exists as utility methods are not categorically exempt from the exhaustion doctrine. The sale products embodying the method patent they are produced under may exhaust that patent.9 The exhaustion doctrine and the first sale rule apply to copyright protections as well as those provided by ","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Socioeconomic Rights, Competition, and Systemic Neutrality: Approaching the Right(s) Contribution to Emancipatory Social Movements","authors":"Joshua Curtis","doi":"10.2979/gls.2023.a886169","DOIUrl":"https://doi.org/10.2979/gls.2023.a886169","url":null,"abstract":"Abstract: Debate over the emancipatory potential of socioeconomic rights and their relevance to broader social movements is long-standing but is now picking up steam and taking on a life well beyond its traditionally legal disciplinary confines. This article contributes to the widening debate by emphasising the need for socioeconomic rights to be re-thought simultaneously outward (through deeper engagement with extant economic and political systems) and inward (by re-assessing various doctrines ingrained in their own construction). I pursue this 'two-track' methodology by first constructing a novel theory regarding the outward engagement of socioeconomic rights with competition law and policy, focusing on the collective agency of rightsholders pressing for social change through democratic means and the specifically neoliberal conception of competition. Crucially, following William Davies (The Limits of Neoliberalism) , I argue that this specific conception of competition is not just another aspect of neoliberalism but is instead the defining characteristic of the neoliberal system. The finding of incompatibility between socioeconomic rights and this conception of competition therefore implies incompatibility also with the neoliberal system, tout court. However, this systemic rejection provokes inward analysis of the surprisingly under-examined legal doctrine of systemic neutrality, positing that socioeconomic rights can be meaningfully realised in any political or economic system. Ultimately, it is argued that to have any real emancipatory relevance to broader social movements socioeconomic rights advocates, in general, must be far more forthright and logically consistent in what these rights both entail and exclude. The emancipatory promise of these rights is inherently bound to a rejection of their neutrality, legal, systemic, or otherwise, and an active, cooperative theoretical, and political engagement with more broadly emancipatory movements in a range of non-legal fields.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Digital Transformation of Tax Systems Progress, Pitfalls, and Protection in a Danish Context","authors":"Louise Blichfeldt Fjord, Peter Koerver Schmidt","doi":"10.2979/gls.2023.a886168","DOIUrl":"https://doi.org/10.2979/gls.2023.a886168","url":null,"abstract":"Abstract: The authors examine possibilities and challenges in using digital tools to obtain tax simplification and to improve tax assessment, collection, and transparency. Hence, the main objectives of the article are, from a legal perspective, to shed additional light on the relations between tax administrations and taxpayers in an increasingly digitalized world and to discuss how this development may influence taxpayers' rights and the overall efficiency of tax systems. In doing so, practical experiences—incurred in Denmark during its journey from a paper-based and manual tax administration process toward a more digitalized one—are analyzed. Against this background, it is concluded that many states around the world, including Denmark, have come a long way in making tax processes smoother and more efficient through the use of digital tools for the benefit of both taxpayers and tax administrations. However, at the same time, global as well as Danish experiences clearly show that states, in their pursuit to digitalize tax administrations further, need to take appropriate measures into consideration in order to ensure the legality and transparency of the digital tax administration processes.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trust in Artificial Intelligence Analysis of the European Commission proposal for a Regulation of Artificial Intelligence","authors":"Antonio Estella","doi":"10.2979/gls.2023.a886162","DOIUrl":"https://doi.org/10.2979/gls.2023.a886162","url":null,"abstract":"Trust in Artificial Intelligence Analysis of the European Commission proposal for a Regulation of Artificial Intelligence Antonio Estella I. Introduction According to the European Commission, one of the main objectives of the regulatory framework that this EU institution is currently proposing in the field of Artificial Intelligence is to \"increment trust in the use of artificial intelligence.\"1 Therefore, this paper explores the issue of trust and AI. The questions that it attempts to answer are the following. Why is trust important? Why is trust important, in particular, in the domain of AI? How does the EU Commission intend to achieve the objective of incrementing trust in the use of AI? Will the proposed regulatory framework achieve its proclaimed end? To answer these questions, this article proceeds as follows. I shall start by reflecting on the importance that trust has for society (section 2). From there, I will define what is to be understood in this paper by trust (section 3). I shall then review the basis of trust (section 4) and shall make a reference to the main sources of evidence on trust (like, surveys and laboratory experiments), and to some of the results that these sources reveal on interpersonal and institutional trust (section 5). In the next section (section 6), I shall go on to analyse specifically the issue of trust in AI, will refer to the existing evidence on the matter, and will review some of the most recent literature on this topic. In the remaining sections (sections 7 and 8), I will describe and analyse the European Commission's proposal for a regulation of AI, and in particular, the part of that proposal that deals with trust in AI. In the last section of this article, I will wrap up the whole argument of this paper and make some conclusions (section 9). The main argument that [End Page 39] will be developed in this paper is that it is inconsequential to speak of trust in AI systems. II. The Importance of Trust Trust has been defined by some authors as the \"lubricant of society\"2 and by others as \"a kind of glue that makes society function.\"3 Political scientists, economists, and also lawyers have recently centred their intellectual efforts on trying to understand how trust impacts economic growth, development, democracy, justice, and even interpersonal relationships. One particularly clear expression of this renewed interest in trust is the setting up by the OECD of a High Level Group on the measurement of economic performance and social progress.4 The Group started working in 2013. This group convened eight workshops during the years 2014 to 2016. The latest one took place in Paris in June 2016 and was titled: \"Measuring Trust and Social Capital.\" The outcome of this workshop was published in 2018, together with the rest of the reports of the other workshops that have been mentioned, under the title \"Trust and Social Capital.\"5 In this paper, Algan gives ample evidence of how trust is positively correlated with ec","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"270 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Guilty of Probable Cause: Public Arrest Records and Dignity in the Information Age","authors":"Nicholas Thompson","doi":"10.2979/gls.2023.a886173","DOIUrl":"https://doi.org/10.2979/gls.2023.a886173","url":null,"abstract":"Guilty of Probable Cause:Public Arrest Records and Dignity in the Information Age Nicholas Thompson The United States is exceptional among Western nations in its treatment of criminal records. Today, an estimated one-third of Americans1 bear the \"modern equivalent of branding\": the publicly-accessible criminal record.2 Far from remaining locked in digital limbo, these records serve a variety of purposes, from legitimate law enforcement use to extortion against arrestees seeking to scrub their mugshots from a Google search.3 It would be natural to assume that such records result from an individual's commission of a crime, for which the individual is duly convicted and then marked with the brand of the state for the transgression. But the scarlet letter of criminality enshrined in a record is often imposed in the absence of formal conviction, in the form of an arrest record. The widespread availability of these records leads to damaging collateral consequences for arrestees. This note will argue that a foundational interest in dignity, more prominent in Western European and international law than in the United States, can be a meaningful driver for criminal record reform in the United States. This paper will proceed in three parts. Part I will examine the treatment of criminal records in the United States, specifically those harms resulting from the widespread public availability of arrest records. Part II will examine Western European and international approaches to criminal records and how a robust interest in dignity has mitigated many of the issues faced in the American system. Part III will examine the opportunity for dignity to become a meaningful foundation for implementing criminal record reform in the United States. [End Page 393] I. The American Approach This section will address two problematic facets of public arrest records: widespread access and collateral consequences. Before turning to the consequences of public arrest records, it is necessary to briefly chart some of the history and scope of the access to criminal records in the United States. A. Access The Nation's central repository for criminal records is the FBI's National Crime Information Center (NCIC), a collection of databases separated into twenty-one different \"files,\" ranging from the National Sex Offender Registry to the Known or Appropriately Suspected Terrorists File, the Gang File, and the Protective Order File.4 The NCIC also operates the Interstate Identification Index or \"Triple I,\" a national database that synthesizes state and federal rap sheets (lifetime records of individuals' arrests) for easier law enforcement accessibility.5 The NCIC constitutes an immense intelligence-gathering apparatus that touches nearly every aspect of actual or suspected criminal, quasi-criminal, or terrorist activity in the United States. In the early 1970s, Congress began to allow access to previously restricted NCIC criminal record data to a variety of nongovernmental or law enforc","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135495367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"\"I Wish There Was a Treaty We Could Sign\": An Inquiry into the Making of the Global Pact for the Environment","authors":"M. Petersmann","doi":"10.2979/INDJGLOLEGSTU.28.2.0007","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.28.2.0007","url":null,"abstract":"Abstract:This article provides ethnographic insights into the making of the latest UN-backed instrument for transnational environmental law and governance: the Global Pact for the Environment (GPE). It narrates the rise and fall of a contemporary policy project designed to unify and strengthen international environmental law. The story starts in 2015 on the premises of a Parisian legal think tank and ends in May 2019 at the headquarters of the United Nations Environment Programme in Nairobi, where states ultimately decided not to adopt the GPE as a legally binding instrument but opted to prepare a political declaration to be presented in 2022 at the occasion of the 50th anniversary of the UN Conference on the Human Environment. The time between 2015 and 2019 is divided in two periods. From 2015 to 2017, the GPE was imagined, drafted, and promoted by a group of non-state actors mainly constituted by legal academics. From 2017 to 2019, the GPE was introduced in the UN machinery and turned into a state-oriented policy process. Based on original interview material and an unexplored archive of primary sources, the article traces the multiplicity of actants enrolled in the GPE, the interests that held them together, and the institutional ties they built for the project to materialize. It draws on actor-network theory's model of translation—through problematization, interessement, enrolment, and mobilization—to reassemble the bonds between human and nonhuman actants in the making of the \"global,\" the \"pact,\" and the \"environment.\" The account sheds light on the informal processes and the relational and agential dynamics at play in this laboratory of transnational environmental lawmaking, thereby illuminating and questioning the politics of policy-entrepreneurship and consensusbuilding—the tenuous and fragile modes of existence that mark contemporary international law.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"28 1","pages":"7 - 79"},"PeriodicalIF":0.0,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44491951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Calling the Shots: Balancing Parental and Child Rights in the Age of Anti-Vax","authors":"Badar","doi":"10.2979/INDJGLOLEGSTU.28.1.0325","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.28.1.0325","url":null,"abstract":"Abstract:Vaccinations have become a contentious issue in recent times. Although there has always been opposition to vaccines, the internet has made it possible for pseudoscience and false information to spread like never before. This has led to alarming declines in vaccine confidence and adherence rates globally. High-income countries have seen the sharpest drop in vaccine confidence rates. Factors such as the complacency effect and religious objections likely explain this decline. Most countries have attempted to raise vaccine confidence levels by enacting laws that make vaccinations for children compulsory, with strict penalties for parents who refuse to comply. In addition to vaccine mandates, the United States has the National Vaccine Injury Compensation Program for those who suffered injuries after receiving compulsory vaccines. Many of these policies create great friction between the government and individual liberties and do not address the rights of children at all. For these reasons, parents and children alike need a comprehensive solution that satisfies both their needs. To achieve this, states should adopt the mature minor doctrine in the context of vaccines. Schools should educate children about the safety and efficacy of vaccines to ensure that they are properly informed and increase their chances of being deemed a mature minor to bolster the effects of the mature minor doctrine. Additionally, parents whose children have been harmed by anti-vaxxers should be compensated for their suffering. This could be accomplished by fining anti-vaxxers for failure to vaccinate and using that money to create a national fund similar to the United States' current vaccine compensation program.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"28 1","pages":"325 - 348"},"PeriodicalIF":0.0,"publicationDate":"2021-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46630672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Myanmar Shwe: Empowering Law Students, Teachers, and the Community Through Clinical Education and the Rule of Law","authors":"Stephen A. Rosenbaum, Britane Hubbard, Kaylee Sharp-Bauer, David W. Tushaus","doi":"10.2979/INDJGLOLEGSTU.28.1.0153","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.28.1.0153","url":null,"abstract":"Abstract:Myanmar's attorneys, judges, law officers, and law teachers are slowly emerging from the isolated world they inhabited during decades of military authoritarianism. Almost a decade ago, the country triumphantly burst into an era of \"disciplined\" democracy under the leadership of Aung San Suu Kyi, de facto head of state. Yet, the legal education system continues to be marked by hierarchical and bureaucratic practices, infrastructural and pedagogical neglect, and low confidence in the formal justice sector. The authors—two American law professors and practitioners and two students—discuss the direction of legal education in Southeast Asia and how clinical legal education (CLE) methodologies can be used to empower law students, teachers, and their communities, with an emphasis on the rule of law and access to justice. They draw on their experience in developing and piloting Community Teaching and Externship Preparation law school curricula in 2017–19 under the auspices of non-governmental organization BABSEACLE (formerly Bridges Across Borders South East Asia Clinical Legal Education Initiative). They highlight two teaching modules: Community Needs Assessments and peer-to-peer \"CLE English\" classes at university law departments in remote regions of the country and the outskirts of Yangon. Along with receptiveness for new approaches to teaching, learning, and mentoring by international experts, the authors faced centralized decision-making and planning, no culture of faculty collegiality or autonomy, risk aversion, reluctance to \"stand out\" amongst peers, frequent teacher transfers, inadequate research skills, rote learning, undue reliance on \"distance education,\" and limited English proficiency. Lastly, the authors comment on the future potential of this educational initiative and the \"Development Industry.\" Warning against a \"Project World\" mentality, unwelcome imposition of liberal ideals of individualism, and neocolonial tendencies, they highlight the importance of consultation with educational institutions, awareness of the role of local intermediaries and informal justice sector, and the need for genuine coordination and partnership amongst donor agencies and NGOs.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"28 1","pages":"153 - 230"},"PeriodicalIF":0.0,"publicationDate":"2021-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43967126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Treaty Validity After Diplomatic Cutoff: The Case of the Taiwan-Panama Free Trade Agreement","authors":"Chien-Huei Wu, Po-Hsiang Liao","doi":"10.2979/INDJGLOLEGSTU.28.1.0293","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.28.1.0293","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"28 1","pages":"293 - 324"},"PeriodicalIF":0.0,"publicationDate":"2021-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45286057","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Debt Expansion as \"Relief and Rescue\" at the Time of the Covid-19 Pandemic: Insights from the Legal Theory of Finance","authors":"I. Chiu, A. Kokkinis, A. Miglionico","doi":"10.2979/INDJGLOLEGSTU.28.1.0029","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.28.1.0029","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"28 1","pages":"29 - 99"},"PeriodicalIF":0.0,"publicationDate":"2021-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42899320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}