DOCSLIB.ORG

Mapping the Digital Frontiers of Trade and Intellectual Property

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Mapping the Digital Frontiers of Trade and Intellectual Property Research Volume Three Volume Research Mapping the Digital Frontiers of Trade and Intellectual Property Mapping the DigitalTrade Frontiers of Research Volume Three Global Commission on Internet Governance Mapping the Digital Frontiers of Trade and Intellectual Property 67 Erb Street West 10 St James’s Square Waterloo, Ontario N2L 6C2, Canada London, England SW1Y 4LE tel +1 519 885 2444 fax +1 519 885 5450 United Kingdom www.cigionline.org tel +44 (0)20 7957 5700 fax +44 (0)20 7957 5710 www.chathamhouse.org Research Volume Three Global Commission on Internet Governance Mapping the Digital Frontiers of Trade and Intellectual Property Published by the Centre for International Governance Innovation and the Royal Institute of International Affairs The copyright in respect of each chapter is noted at the beginning of each chapter. The opinions expressed in this publication are those of the authors and do not necessarily reect the views of the Centre for International Governance Innovation or its Board of Directors. This work was carried out with the aid of a grant from the International Development Research Centre (IDRC), Ottawa, Canada. The views expressed herein do not necessarily represent those of IDRC or its Board of Governors. This work is licensed under a Creative Commons Attribution — Non-commercial — No Derivatives License. To view this licence, visit (www.creativecommons.org/licenses/ by-nc-nd/3.0/). For re-use or distribution, please include this copyright notice. Centre for International Governance Innovation, CIGI and the CIGI globe are registered trademarks. 67 Erb Street West 10 St James’s Square Waterloo, Ontario N2L 6C2 London, England SW1Y 4LE Canada United Kingdom tel +1 519 885 2444 fax +1 519 885 5450 tel +44 (0)20 7957 5700 fax +44 (0)20 7957 5710 www.cigionline.org www.chathamhouse.org TABLE OF CONTENTS About the Global Commission on Internet Governance . iv Preface . v Carl Bildt Introduction: The Complex Geopolitics of Digital Property and Trade . 1 Laura DeNardis Chapter One: Internet Intermediaries as Platforms for Expression and Innovation . 5 Anupam Chander Chapter Two: Patents and Internet Standards . 17 Jorge L. Contreras Chapter Three: Standards, Patents and National Competitiveness . 35 Michael Murphree and Dan Breznitz Chapter Four: Looking Back on the First Round of New gTLD Applications: Implications for the Future of Domain Name Regulation . 47 Jacqueline D. Lipton Chapter Five: The Digital Trade Imbalance and Its Implications for Internet Governance. 55 Susan Ariel Aaronson Chapter Six: Solving the International Internet Policy Coordination Problem . 87 Nick Ashton-Hart Chapter Seven: Governance of International Trade and the Internet: Existing and Evolving Regulatory Systems . 103 Harsha Vardhana Singh, Ahmed Abdel-Latif and L. Lee Tuthill Chapter Eight: Cyber Security and Cyber Resilience in East Africa . 117 Iginio Gagliardone and Nanjira Sambuli About CIGI. 126 About Chatham House . 126 CIGI Masthead . 126 ABOUT THE GLOBAL COMMISSION ON INTERNET GOVERNANCE The Global Commission on Internet Governance was established in January 2014 to articulate and advance a strategic vision for the future of Internet governance. The two-year project conducted and supported independent research on Internet-related dimensions of global public policy, culminating in an ofcial commission report — One Internet, published in June 2016 — that articulated concrete policy recommendations for the future of Internet governance. These recommendations address concerns about the stability, interoperability, security and resilience of the Internet ecosystem. Launched by two independent global think tanks, the Centre for International Governance Innovation (CIGI) and Chatham House, the Global Commission on Internet Governance will help educate the wider public on the most effective ways to promote Internet access, while simultaneously championing the principles of freedom of expression and the free ow of ideas over the Internet. The Global Commission on Internet Governance focuses on four key themes: • enhancing governance legitimacy — including regulatory approaches and standards; • stimulating economic innovation and growth — including critical Internet resources, infrastructure and competition policy; • ensuring human rights online — including establishing the principle of technological neutrality for human rights, privacy and free expression; and • avoiding systemic risk — including establishing norms regarding state conduct, cybercrime cooperation and non- proliferation, condence-building measures and disarmament issues. The goal of the Global Commission on Internet Governance is two-fold. First, it will encourage globally inclusive public discussions on the future of Internet governance. Second, through its comprehensive policy-oriented report, and the subsequent promotion of this nal report, the Global Commission on Internet Governance will communicate its ndings with senior stakeholders at key Internet governance events. www.ourinternet.org IV • CENTRE FOR INTERNATIONAL GOVERNANCE INNOVATION • CHATHAM HOUSE PREFACE When I and my colleagues at the Centre for International Governance Innovation and Chatham House envisioned and launched the Global Commission on Internet Governance (GCIG) in 2014, we were determined to approach the work ahead strictly on the strength of evidence-based research. To make this possible, we commissioned nearly 50 research papers, which are now published online. We believe that this body of work represents the largest set of research materials on Internet governance to be currently available from any one source. We also believe that these materials, while they were essential to the GCIG’s discussions over these past months, will also be invaluable to policy development for many years to come. The GCIG was fortunate to have Professor Laura DeNardis as its director of research, who, along with Eric Jardine and Samantha Bradshaw at CIGI, collaborated on identifying and commissioning authors, arranging for peer review and guiding the papers through the publication process. Questions about the governance of the Internet will be with us long into the future. The papers now collected in these volumes aim to be forward looking and to have continuing relevance as the issues they examine evolve. Nothing would please me and my fellow Commissioners more than to receive comments and suggestions from other experts in the eld whose own research has been stimulated by these volumes. The chapters you are about to read were written for non-expert netizens as well as for subject experts. To all of you, the message I bring from all of us involved with the GCIG is simple — be engaged. If we fail to engage with these key governance questions, we risk a future for our Internet that is disturbingly distant from the one we want. Carl Bildt Chair, GCIG November 2016 CARL BILDT • V INTRODUCTION: THE COMPLEX GEOPOLITICS OF DIGITAL PROPERTY AND TRADE INTRODUCTION: THE COMPLEX GEOPOLITICS OF DIGITAL PROPERTY AND TRADE Laura DeNardis Copyright © 2017 by Laura DeNardis LAURA DENARDIS • 1 RESEARCH VOLUME THREE: MAPPING THE DIGITAL FRONTIERS OF TRADE AND INTELLECTUAL PROPERTY INTRODUCTION their technological systems, ultimately warning that the threat of liability incentivizes companies to censor THE COMPLEX GEOPOLITICS OF DIGITAL anything potentially controversial. PROPERTY AND TRADE The intersections between the Internet and IP rights are many. The Internet makes it easier to infringe IP rights. It One of the most powerful and consequential intersections is also used to mediate and enforce IP rights. Completely between the multi-trillion-dollar digital economy distinct, and more hidden from public view, there and Internet governance revolves around intellectual are also IP rights embedded within the technological property (IP). For example, the digitization of major systems underlying the Internet, such as trademarks industries — music, movies, games, journalism — has in domain names, patents embedded in standards and created unprecedented IP challenges. It is technologically algorithms protected as trade secrets. simple, and cheap, to copy and distribute products that used to necessitate the purchase of a physical medium. Exemplifying infrastructure-embedded IP rights are the The Internet is also used to sell counterfeit products from patents often underlying the technical standards that pharmaceutical goods to luxury handbags, creating new product developers use as blueprints to ensure that challenges for patent and trademark holders. In turn, the their products are compatible with other technologies. infrastructures and institutions of the Internet are being Without these technology standards, there would be no called upon to block access to pirated and counterfeit interoperability between different companies’ products, goods. never mind cross-border interoperability and trade. These technical standards are protected by complex In the digital economy, law enforcement functions collections of patents that, while designed to incentivize once carried out by the state have shifted to the private innovation, impose restrictions or licensing fees that sector. At the centre of the digital economy are the determine who is able to compete in a digital era often private companies that serve as the conduits and exaggeratedly described as a level playing eld for content intermediaries over which information ows. competition. Search engine companies sometimes factor copyright infringement history into algorithms, demoting
Load more

Recommended publications
  • Touchstones of Popular Culture Among Contemporary College Students in the United States
    Minnesota State University Moorhead RED: a Repository of Digital Collections Dissertations, Theses, and Projects Graduate Studies Spring 5-17-2019 Touchstones of Popular Culture Among Contemporary College Students in the United States Margaret Thoemke [email protected] Follow this and additional works at: https://red.mnstate.edu/thesis Part of the Higher Education and Teaching Commons Recommended Citation Thoemke, Margaret, "Touchstones of Popular Culture Among Contemporary College Students in the United States" (2019). Dissertations, Theses, and Projects. 167. https://red.mnstate.edu/thesis/167 This Thesis (699 registration) is brought to you for free and open access by the Graduate Studies at RED: a Repository of Digital Collections. It has been accepted for inclusion in Dissertations, Theses, and Projects by an authorized administrator of RED: a Repository of Digital Collections. For more information, please contact [email protected]. Touchstones of Popular Culture Among Contemporary College Students in the United States A Thesis Presented to The Graduate Faculty of Minnesota State University Moorhead By Margaret Elizabeth Thoemke In Partial Fulfillment of the Requirements for the Degree of Master of Arts in Teaching English as a Second Language May 2019 Moorhead, Minnesota iii Copyright 2019 Margaret Elizabeth Thoemke iv Dedication I would like to dedicate this thesis to my three most favorite people in the world. To my mother, Heather Flaherty, for always supporting me and guiding me to where I am today. To my husband, Jake Thoemke, for pushing me to be the best I can be and reminding me that I’m okay. Lastly, to my son, Liam, who is my biggest fan and my reason to be the best person I can be.
    [Show full text]
  • Festival Fever Sequel Season Fashion Heats Up
    arts and entertainment weekly entertainment and arts THE SUMMER SEASON IS FOR MOVIES, MUSIC, FASHION AND LIFE ON THE BEACH sequelmovie multiples season mean more hits festival fever the endless summer and even more music fashionthe hemlines heats rise with up the temps daily.titan 2 BUZZ 05.14.07 TELEVISION VISIONS pg.3 One cancelled in record time and another with a bleak future, Buzz reviewrs take a look at TV show’s future and short lived past. ENTERTAINMENT EDITOR SUMMER MOVIE PREVIEW pg.4 Jickie Torres With sequels in the wings, this summer’s movie line-up is a EXECUTIVE EDITOR force to be reckoned with. Adam Levy DIRECTOR OF ADVERTISING Emily Alford SUIT SEASON pg.6 Bathing suit season is upon us. Review runway trends and ASSISTANT DIRECTOR OF ADVERTISING how you can rock the baordwalk on summer break. Beth Stirnaman PRODUCTION Jickie Torres FESTIVAL FEVER pg.6 ACCOUNT EXECUTIVES Summer music festivals are popping up like the summer Sarah Oak, Ailin Buigis temps. Take a look at what’s on the horizon during the The Daily Titan 714.278.3373 summer months. The Buzz Editorial 714.278.5426 [email protected] Editorial Fax 714.278.4473 The Buzz Advertising 714.278.3373 [email protected] Advertising Fax 714.278.2702 The Buzz , a student publication, is a supplemental insert for the Cal State Fullerton Daily Titan. It is printed every Thursday. The Daily Titan operates independently of Associated Students, College of Communications, CSUF administration and the WHAT’S THE BUZZ p.7 CSU system. The Daily Titan has functioned as a public forum since inception.
    [Show full text]
  • The Digital Trade Imbalance and Its Implications for Internet Governance
    PAPER SERIES: NO. 25 — FEBRUARY 2016 The Digital Trade Imbalance and Its Implications for Internet Governance Susan Ariel Aaronson THE DIGITAL TRADE IMBALANCE AND ITS IMPLICATIONS FOR INTERNET GOVERNANCE Susan Ariel Aaronson Copyright © 2016 by Susan Ariel Aaronson Published by the Centre for International Governance Innovation and Chatham House. This work was carried out with the aid of a grant from the International Development Research Centre (IDRC), Ottawa, Canada. The opinions expressed in this publication are those of the author and do not necessarily reflect the views of the Centre for International Governance Innovation or its Board of Directors. The views expressed herein do not necessarily represent those of IDRC or its Board of Governors. This work is licensed under a Creative Commons Attribution — Non-commercial — No Derivatives License. To view this licence, visit (www.creativecommons.org/licenses/by-nc- nd/3.0/). For re-use or distribution, please include this copyright notice. Centre for International Governance Innovation, CIGI and the CIGI globe are registered trademarks. 67 Erb Street West 10 St James’s Square Waterloo, Ontario N2L 6C2 London, England SW1Y 4LE Canada United Kingdom tel +1 519 885 2444 fax +1 519 885 5450 tel +44 (0)20 7957 5700 fax +44 (0)20 7957 5710 www.cigionline.org www.chathamhouse.org TABLE OF CONTENTS vi About the Global Commission on Internet Governance vi About the Author 1 Acronyms 1 Executive Summary 4 Why Turn to Trade Agreements and Policies to Regulate the Internet? 6 The Role of the United States 9 The Three Agreements: TPP, TTIP and TiSA 17 Digital Protectionism: Why, What and How 20 Findings: Why Should We Care About the Digital Trade Imbalance? 22 Policy Rationale and Recommendations 22 Works Cited 32 About CIGI 32 About Chatham House 32 CIGI Masthead GLOBAL COMMISSION ON INTERNET GOVERNANCE PAPER SERIES: NO.
    [Show full text]
  • Gyors Fordításra Van Szüksége? Kérje Árajánlatunkat
    HU EN DE FR 77-ek csoportja Group of 77 Gruppe der 77 groupe des 77 AASM-országok AAMS countries AASM-Staaten pays de l'EAMA a Bíróság ítélete (EU) judgment of the Court (EU) Urteil des Gerichtshofs (EU) arrêt de la Cour (UE) a Bíróság tagja (EU) member of the Court of Justice (EU) Mitglied des Gerichtshofs (EU) membre de la Cour de justice (UE) Stellungnahme des Gerichtshofs a Bíróság véleménye (EU) opinion of the Court of Justice (EU) (EU) avis Cour de justice (UE) a Bizottság elnöke President of the Commission Präsident der EG-Kommission président de la Commission a Bizottság küldöttsége Commission Delegation Abordnung der Kommission délégation de la Commission a Bizottság véleménye opinion of the Commission Stellungnahme der Kommission avis de la Commission ABM-szerződés ABM Agreement ABM-Vertrag accord ABM abortusz abortion Abtreibung avortement Abruzzók Abruzzi Abruzzen Abruzzes abszolút többség absolute majority absolute Mehrheit majorité absolue a büntetés végrehajtásának felfüggesztése suspension of sentence Strafaussetzung suspension de peine acél steel Stahl acier Regionen der Tschechischen a Cseh Köztársaság régiói regions of the Czech Republic Republik régions de la République tchèque Länder der Pazifischen a Csendes-óceáni Közösség országa countries of the Pacific Community Gemeinschaft pays de la Communauté du Pacifique adatátvitel data transmission Datenübertragung transmission de données adatátviteli hálózat transmission network Übertragungsnetz réseau de transmission adatbázis database Datenbasis base de données système
    [Show full text]
  • Environmental Management of Threatening Government Public Policy Jess Mikeska University of Nebraska-Lincoln
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Dissertations, Theses, and Student Research from Business, College of the College of Business Summer 7-2014 Environmental Management of Threatening Government Public Policy Jess Mikeska University of Nebraska-Lincoln Follow this and additional works at: http://digitalcommons.unl.edu/businessdiss Mikeska, Jess, "Environmental Management of Threatening Government Public Policy" (2014). Dissertations, Theses, and Student Research from the College of Business. 48. http://digitalcommons.unl.edu/businessdiss/48 This Article is brought to you for free and open access by the Business, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Dissertations, Theses, and Student Research from the College of Business by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. ENVIRONMENTAL MANAGEMENT OF THREATENING GOVERNMENT PUBLIC POLICY by Jess Mikeska A DISSERTATION Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of Requirements For the Degree of Doctor of Philosophy Major: Interdepartmental Area of Business (Marketing) Under the Supervision of Professor Leslie Carlson Lincoln, Nebraska July, 2014 ENVIRONMENTAL MANAGEMENT OF THREATENING GOVERNMENT PUBLIC POLICY Jess Mikeska, Ph.D. University of Nebraska, 2014 Adviser: Leslie Carlson This dissertation is the first to propose a test of environmental management theory through a reflective, managerial scale, and does so through a public policy lens. It matches 76 managerial respondents’ (17 firms) perceptions of environmental management with objective, secondary data ranging between 2002 and 2014 so as to reflect longitudinal changes in marketplace activities which influence end consumers (e.g., pricing, promotional activity).
    [Show full text]
  • The Single Market of 1992: Implications for Banking and Investment Services in the EC, 13 Hastings Int'l & Comp
    Hastings International and Comparative Law Review Volume 13 Article 6 Number 3 Spring 1990 1-1-1990 The inS gle Market of 1992: Implications for Banking and Investment Services in the EC Annabelle Ewing Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Annabelle Ewing, The Single Market of 1992: Implications for Banking and Investment Services in the EC, 13 Hastings Int'l & Comp. L. Rev. 453 (1990). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol13/iss3/6 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The Single Market of 1992: Implications for Banking and Investment Services in the EC By ANNABELLE EwING* I. INTRODUCTION The liberalization of the European Community (EC) financial serv- ices sector is a key component of the 1992 Single Market program. The Single Market program was launched in 1985 by the EC Commission' in order to implement the objectives of the EC Treaty of Rome of 19572 (Treaty). In theory, the freedom of establishment and freedom to pro- vide services contained in the Treaty have been available to individuals and companies since the end of the transitional period (from January 1, 1970),' but in practice, the exercise of these rights has met with consider- able obstacles in the financial services sector.
    [Show full text]
  • Civil Good: a Platform for Sustainable and Inclusive Online Discussion
    Civil Good: A Platform For Sustainable and Inclusive Online Discussion An Interactive Qualifying Project submitted to the faculty of Worcester Polytechnic Institute In partial fulfillment of the requirements for the degree of Bachelor of Science by: Steven Malis (Computer Science), Tushar Narayan (Computer Science), Ian Naval (Computer Science), Thomas O'Connor (Biochemistry), Michael Perrone (Physics and Mathematics), John Pham (Computer Science), David Pounds (Computer Science and Robotics Engineering), December 19, 2013 Submitted to: Professor Craig Shue, WPI Advisor Alan Mandel, Creator of the Civil Good concept Contents 1 Executive Summary1 1.1 Overview of Recommendations......................2 2 Authorship5 3 Introduction 10 3.1 Existing Work - Similar Websites.................... 11 4 Psychology 17 4.1 Online Disinhibition........................... 17 4.2 Format of Discussions.......................... 22 4.3 Reducing Bias with Self-Affirmation................... 28 4.4 Other Psychological Influences...................... 34 5 Legal Issues 38 5.1 Personally Identifiable Information................... 38 5.2 Intellectual Property........................... 42 5.3 Defamation................................ 45 5.4 Information Requests........................... 46 5.5 Use by Minors............................... 49 5.6 General Litigation Avoidance and Defense............... 51 6 Societal Impact 52 6.1 Political Polarization........................... 52 6.2 Minority Opinion Representation.................... 55 6.3 History and Political
    [Show full text]
  • Pastor Brian Writes— Before Actually Sitting Down Additional Services
    January, 2016 UPCOMING EVENTS Pastor Brian Writes— January 10—Mission Sunday Before actually sitting down additional services. Hospital and and taking time to reflect on the home visits. Let’s not forget all the January 10—Food for the Poor year’s past I have to admit if felt baptisms in 2015! somewhat frustrated. “NOT There were family events, January 10—Dave Ramsey FPU MUCH!”, I said. Not much council meetings, elder meetings, Seminar happened in 2015. It seemed to worship team practice, and just come and go. “Same old’ Confirmation which gives evidence January 17—Bowling Family same old’.” That is until someone to the fact that Mission and Event who heard me say that reminded ministry was also an important part me just how far I was from reality. of a very busy 2015. Canteen Visit the calendar at www.friendshiplutheran.com In reality it was a busy year Run, Panera Bread mission, like so many before it and I was Elizabeth Circle, Men’s Tuesday once again reminded to give Morning Bible Study, Thursday INSIDE THIS ISSUE: thanks to the ONE who made it all Morning Bible Study and small possible and who saw all of us groups that were in full swing. Budgets 2 through it. So, I did what I suppose THE STORY concluded in May. With the Young Crowd 2-5 many of us have done before. I Prayer and praise took place on Family Events 5 flipped back my desk calendar to Thursdays. Central Illinois District Lent Schedule & Themes 6 January and paged slowly through conferences took place twice in it.
    [Show full text]
  • Nominative Fair Use: Legitimate Advertising Or Trademark Infringement?
    Nominative Fair Use: Legitimate Advertising or Trademark Infringement? Louis S. Ederer Arnold & Porter LLP 399 Park Avenue New York, New York 10022 [email protected] Classic Statutory Fair Use: Defense to Trademark Infringement Under The Lanham Act Under the Lanham Act, the Fair Use Doctrine protects certain uses of registered trademarks from infringement claims when the use of the name, term, or device is “a use, otherwise than as a mark, of a term or device that is descriptive of and used fairly and in good faith only to describe goods or services of [a] party, or their geographic origin.” 15 U.S.C. § 1115(b)(5)(A)-(C) (2006) (emphasis added). In other words. TARGET PRACTICE! v. = No infringement Saturday, April 23 10:30AM At Charles Cove Field 1 Nominative Fair Use: Nominative Fair Use versus Classic Fair Use • Classic fair use is where the junior user (e.g., the Target Practice advertiser) uses someone else’s mark not as a trademark (e.g., not to refer to the mega- brand Target), but merely to describe its own goods or services. • Nominative Fair Use, on the other hand, is where the junior user uses another’s trademark deliberately to refer to that party, for purposes such as: • News Reporting • Commentary • Parody • Advertising (particularly comparative advertising) 2 Nominative Fair Use: Limitations So, what happens when a party seeks to advertise its goods or services by referring to another party’s mark? Is it trademark infringement? Or legitimate advertising? 3 Nominative Fair Use: Early & Seminal Case Law New Kids on the Block v.
    [Show full text]
  • Intellectual Property Law in Cyberspace
    Intellectual Property Law in Cyberspace Second Edition CHAPTER 7 UNIQUE ONLINE TRADEMARK ISSUES Howard S. Hogan Stephen W. Feingold Gibson, Dunn & Crutcher Kilpatrick, Townsend & Stockton Washington, D.C. New York, NY CHAPTER 8 DOMAIN NAME REGISTRATION, MAINTENANCE AND PROTECTION Howard S. Hogan Stephen W. Feingold Gibson, Dunn & Crutcher Kilpatrick, Townsend & Stockton Washington, D.C. New York, NY Intellectual Property Law in Cyberspace Second Edition G. Peter Albert, Jr. and American Intellectual Property Law Association CHAPTER 7 UNIQUE ONLINE TRADEMARK ISSUES CHAPTER 8 DOMAIN NAME REGISTRATION, MAINTENANCE AND PROTECTION American Intellectual Property Law Association A Arlington, VA Reprinted with permission For more information contact: bna.com/bnabooks or call 1-800-960-1220 Copyright © 2011 The Bureau of National Affairs, Inc. Library of Congress Cataloging-in-Publication Data Albert, G. Peter, 1964– Intellectual property law in cyberspace / G. Peter Albert, Jr. -- 2nd ed. p. cm. Includes bibliographical references and index. ISBN 978-1-57018-753-7 (alk. paper) 1. Industrial property--United States. 2. Computer networks--Law and legislation--United States. 3. Internet 4. Copyright and electronic data processing--United States. I. Title. KF3095.A77 2011 346.7304’8--dc23 2011040494 All rights reserved. Photocopying any portion of this publication is strictly prohibited unless express written authorization is first obtained from BNA Books, 1231 25th St., NW, Washington, DC 20037, bna.com/bnabooks. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by BNA Books for libraries and other users registered with the Copyright Clearance Center (CCC) Transactional Reporting Service, provided that $1.00 per page is paid directly to CCC, 222 Rosewood Dr., Danvers, MA 01923, copyright.com, Telephone: 978-750-8400, Fax: 978-646-8600.
    [Show full text]
  • The Legal Status of Abuse
    HM 424.1995 FAMILY VIOLENCE Rabbi Elliot N. Dorff Part 1: The Legal Status of Abuse This paper was approved by the CJT,S on September 13, 1995, by a vote of' sixteen in favor and one oppossed (16-1-0). V,,ting infiwor: Rabbis Kassel Abelson, Ben :Lion BerBm<m, Stephanie Dickstein, £/liot JY. Dorff, S/wshana Gelfand, Myron S. Geller, Arnold i'H. Goodman, Susan Crossman, Judah f(ogen, ~bnon H. Kurtz, Aaron L. iHaclder, Hwl 11/othin, 1'H(~yer HabinoLviiz, Joel /t.,'. Rembaum, Gerald Slwlnih, and E/ie Kaplan Spitz. hJting against: H.abbi Ceraicl Ze/izer. 1he Committee 011 .lnuish L(Lw and Standards qf the Rabhinical As:wmbly provides f};ztidance in matters (!f halakhnh for the Conservative movement. The individual rabbi, hou;evet~ is the authority for the interpretation and application of all maltrrs of halaklwh. 1. Reating: According to Jewish law as interpreted by the Conservative movement, under what circumstance, if any, may: A) husbands beat their wives, or wives their husbands? B) parents beat their children? c) adult children of either gender beat their elderly parents? 2. Sexual abu.se: What constitutes prohibited sexual abuse of a family member? 3· verbal abuse: What constitutes prohibited verbal abuse of a family member? TI1e Importance of the Conservative Legal Method to These Issues 1 In some ways, it would seem absolutely obvious that Judaism would nut allow individu­ als to beat others, especially a family member. After all, right up front, in its opening l T \VOuld like to express my sincere thanks to the members or the Committee on Jew·isll Law and Standards for their hdpfu I snggc:-;tions for impruving an earlier draft of this rcsponsum.
    [Show full text]
  • The Historical Development of Irish Euroscepticism to 2001
    The Historical Development of Irish Euroscepticism to 2001 Troy James Piechnick Thesis submitted as part of the Doctor of Philosophy (PhD) program at Flinders University on the 1st of September 2016 Social and Behavioural Sciences School of History and International Relations Flinders University 2016 Supervisors Professor Peter Monteath (PhD) Dr Evan Smith (PhD) Associate Professor Matt Fitzpatrick (PhD) Contents GLOSSARY III ABSTRACT IV ACKNOWLEDGEMENTS V CHAPTER 1 INTRODUCTION 1 DEFINITIONS 2 PARAMETERS 13 LITERATURE REVIEW 14 MORE RECENT DEVELOPMENTS 20 THESIS AND METHODOLOGY 24 STRUCTURE 28 CHAPTER 2 EARLY ANTECEDENTS OF IRISH EUROSCEPTICISM: 1886–1949 30 IRISH REPUBLICANISM, 1780–1886 34 FIRST HOME RULE BILL (1886) AND SECOND HOME RULE BILL (1893) 36 THE BOER WAR, 1899–1902 39 SINN FÉIN 40 WORLD WAR I AND EASTER RISING 42 IRISH DECLARATION OF INDEPENDENCE 46 IRISH WAR OF INDEPENDENCE 1919 AND CIVIL WAR 1921 47 BALFOUR DECLARATION OF 1926 AND THE STATUTE OF WESTMINSTER IN 1931 52 EAMON DE VALERA AND WORLD WAR II 54 REPUBLIC OF IRELAND ACT 1948 AND OTHER IMPLICATIONS 61 CONCLUSION 62 CHAPTER 3 THE TREATY OF ROME AND FAILED APPLICATIONS FOR MEMBERSHIP IN 1961 AND 1967 64 THE TREATY OF ROME 67 IRELAND IN THE 1950S 67 DEVELOPING IRISH EUROSCEPTICISM IN THE 1950S 68 FAILED APPLICATIONS FOR MEMBERSHIP IN 1961 AND 1967 71 IDEOLOGICAL MAKINGS: FURTHER DEVELOPMENTS OF A EUROSCEPTIC NATURE (1960S) 75 Communist forms of Irish euroscepticism 75 Irish eurosceptics and republicanism 78 Irish euroscepticism accommodating democratic socialism 85
    [Show full text]