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Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally and normatively, to offer a counterbalance to a predominant copyright holder centric approach to copyright law. Part One of this paper lays the theoretical framework of property and copyright theory. Part Two applies the theoretical framework to define the nature of the copy of a copyrighted works, as well as its justifications. It explores the ramifications of copyright acting as a property limitation rule to copy ownership, and how copy ownership can also act as a property-limitation rule of copyright. [PUBLICATION ABSTRACT]
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On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international academic success, have been held in a variety of venues in North America and Europe since the early 1990s. They are an initiative of Russell Weaver, Professor of Law & Distinguished University Scholar at the University of Louisville. The fora provide an opportunity for thoughtful exchange among administrative law academics on contemporary issues that cut across national borders.
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Victor Kattan's “From Coexistence to Conquest: International Law and the Origins of the Arab-Israeli Conflict, 1891–1949” is an archival excavation of the Israeli-Palestinian (Arab-Israeli) conflict and its origins. This review will examine the contours of Kattan's book followed by a brief examination of objectivity in academic scholarship often enunciated through the concept of ‘balance’ as it relates to those scholars (like Kattan) working on the conflict. Finally, this review will explore some of the weakness of the arguments that Kattan advances.
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Since the first publication of Medicine and Law thirty years ago, there have been significant international advances in patient rights and participant protections in clinical trials. Despite such advances, there are still alarming reports of actual or perceived breaches in ethical standards by Institutions, Investigators and Sponsors of pre-market drug clinical trials. This is particularly disturbing as these trials involve participants in the testing of an investigational drug before its full safety, effectiveness, and clinical outcomes are understood. Moreover, the study design may randomize participants (recruited because they have specific diseases or conditions) into a group receiving a placebo or comparator drug versus a group receiving the investigational drug. The proposed Charter of Participant Rights in Pre-Market Drug Trials reflects the growing trend towards a participant-centred approach to the implementation and enforcement of participant rights. The development and adoption of the Charter is the next natural step towards the guarantee of rights in pre-market clinical drug trials.
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While her name echoes across the pages of legal and constitutional history, we also remember the informal [Trish]. At home, that warm and welcoming place, where the door was always open, and the only rule was make yourself at home. Where her splendid children, Brandon, Mike, Kate and Jack displayed their achievements on the wall of honour, and brought their friends to hang out, share Trish's delicious cooking, and strategize over upcoming sports competitions, and projects. Where other children became her children and where they found a loving, safe and supportive home. Where Trish's favourite coffee was always on offer. We remember her on the road, meeting her on the road, travelling with other women and their children, putting human rights into action in Saskatchewan prisons, seeking justice, or watching with great pride and enormous knowledge the kids' activities at powwows, hockey and lacrosse arenas, soccer fields, or concert halls. We remember her scheming and "schmoking," laughing, and cooking up new ways to thwart the colonizer or defeat the machinations of injustice. This is not to say that Trish avoided the world of policy-making. To the contrary. A key member of the Task Force on Federally Sentenced Women in the early 1 990s, she ensured that the voices of Indigenous women were central to the process. Her guidance strongly influenced the Task Force final report and the subsequent establishment of the Okimaw Ohci Healing Lodge for Aboriginal women. Trish was a vital expert witness at the Commission of Inquiry into Certain Events at the Prison for Women in Kingston (the Arbour Commission), which investigated the unlawful stripping and shackling of women, imposition on women of lengthy segregation, and their involuntary movement to a men's prison. Nor did her contribution end with the completion of the Task Force and Commission. Trish did not hesitate to bring attention to government shortcomings in realizing the vision of the Task Force and the Arbour inquiry. She was one of the staunchest critics of Correctional Services' divergence from the original inspiration for the Healing Lodge. She worked with the Canadian Association of Elizabeth Fry Societies and was a trusted advisor and friend to Kim Pate, when they launched a complaint to the Canadian Human Rights Commission against the Government of Canada on behalf of all women serving two years or more. Supported by 27 national and international women's, Aboriginal, and social justice groups, the complaint called for a systemic review and remedy for the discriminatory treatment of women in prisons and the criminal justice system generally.
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