We had a surprise in January 2012 when a practising QC was parachuted straight into the Supreme Court (as the Judicial Committee of the House of Lords became in 2009). But if there were expressions of discontent they were definitely sub rosa since the man in question, Jonathan Sumption QC, was then, and has since proved himself to be, pre-eminently qualified for the position. He is one of our foremost medieval historians, a Fellow of Magdalen College who taught History, before leaving to pursue a career at the Bar, where he rose to dizzy heights. His as yet uncompleted history of the Hundred Years’ War has received the highest praise. So it perhaps was not surprising that in this octocentenial year he should have been asked by the Friends of the British Library (an audience I warrant as challenging as this) to speak to them about Magna Carta on 9 March 2015. If I may say so, his address ‘Magna Carta then and now’ is a masterpiece. It completes the destruction of the hermeneutical myth originated by Sir Edward Coke which had been commenced by William McKechnie in his landmark essay published in 1905.
2012年1月，当一名执业QC直接空降至最高法院(正如2009年上议院司法委员会一样)时，我们感到很惊讶。但是，如果有不满的表达，那肯定是低调的，因为这个人，乔纳森·桑普森，当时是，而且后来证明了自己，非常适合这个职位。他是我们最重要的中世纪历史学家之一，是莫德林学院(Magdalen College)的一名教授历史的研究员，后来离开学院从事律师职业，在那里他达到了令人眩晕的高度。他尚未完成的百年战争史获得了最高的赞誉。因此，在大英图书馆之友(Friends of the British Library)邀请他在2015年3月9日就《大宪章》(Magna Carta)发表演讲，或许并不令人意外。如果我可以这么说，他的演讲“大宪章的过去和现在”是一个杰作。它完成了对爱德华·科克爵士发起的解释学神话的破坏，这一神话是由威廉·麦凯尼在1905年发表的一篇具有里程碑意义的文章中开始的。
{"title":"MAGNA CARTA AND ACCESS TO JUSTICE IN FAMILY PROCEEDINGS","authors":"Nicholas Mostyn","doi":"10.5750/DLJ.V27I0.1107","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.1107","url":null,"abstract":"We had a surprise in January 2012 when a practising QC was parachuted straight into the Supreme Court (as the Judicial Committee of the House of Lords became in 2009). But if there were expressions of discontent they were definitely sub rosa since the man in question, Jonathan Sumption QC, was then, and has since proved himself to be, pre-eminently qualified for the position. He is one of our foremost medieval historians, a Fellow of Magdalen College who taught History, before leaving to pursue a career at the Bar, where he rose to dizzy heights. His as yet uncompleted history of the Hundred Years’ War has received the highest praise. So it perhaps was not surprising that in this octocentenial year he should have been asked by the Friends of the British Library (an audience I warrant as challenging as this) to speak to them about Magna Carta on 9 March 2015. If I may say so, his address ‘Magna Carta then and now’ is a masterpiece. It completes the destruction of the hermeneutical myth originated by Sir Edward Coke which had been commenced by William McKechnie in his landmark essay published in 1905.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114608858","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}
When does clinical research designed to save lives and advance medicine become assault and murder? In the twentieth century the line between legitimate research on human subjects and criminal assault has been variously drawn. The demands of the researcher and the voice of the research subject and patient have received varying recognition. With the upswing of clinical research in the early twentieth century and some dramatic breakthroughs in medicine there was a tendency to heroise the researcher in the ‘fight’ against disease. In Nazi Germany, there were strong pressures to conduct research on lives deemed worthless in the hope of producing valuable breakthroughs in medical research to benefit the nation and race. After all, if the mentally ill and racially inferior Jews and Gypsies were going to be killed, their bodies might still serve a useful purpose. After WW2 the Nuremberg Trials were conducted on the basis of ‘crimes against humanity’, and by documenting wartime atrocities did much to safeguard human rights and dignity. After the four-power International Military Tribunal at Nuremberg came the trial against 20 Nazi doctors and three SS administrators: this concluded with a declaration on the conduct of research based on the autonomy and consent of the research subject.
{"title":"THE NUREMBERG TRIALS AND THEIR LEGACY FOR THE RIGHTS OF PATIENTS AND RESEARCH SUBJECTS","authors":"P. Weindling","doi":"10.5750/DLJ.V27I0.1126","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.1126","url":null,"abstract":"When does clinical research designed to save lives and advance medicine become assault and murder? In the twentieth century the line between legitimate research on human subjects and criminal assault has been variously drawn. The demands of the researcher and the voice of the research subject and patient have received varying recognition. With the upswing of clinical research in the early twentieth century and some dramatic breakthroughs in medicine there was a tendency to heroise the researcher in the ‘fight’ against disease. In Nazi Germany, there were strong pressures to conduct research on lives deemed worthless in the hope of producing valuable breakthroughs in medical research to benefit the nation and race. After all, if the mentally ill and racially inferior Jews and Gypsies were going to be killed, their bodies might still serve a useful purpose. After WW2 the Nuremberg Trials were conducted on the basis of ‘crimes against humanity’, and by documenting wartime atrocities did much to safeguard human rights and dignity. After the four-power International Military Tribunal at Nuremberg came the trial against 20 Nazi doctors and three SS administrators: this concluded with a declaration on the conduct of research based on the autonomy and consent of the research subject.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134024870","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}
On 13 May 2015 the CJEU delivered the much anticipated judgment in Gazprom OAO v Republic of Lithuania . The CJEU had before it issues relating to the grant of anti-suit injunctions by member state courts/arbitral tribunals to enforce arbitration agreements, and also, most importantly if the Brussels I Regulation would apply to the case at hand. The case gains in significance, as the Advocate General (AG) had in December 2014, while giving his opinion on the matter had proceeded to apply a ‘future law’ on a matter pending before the courts, strongly recommended that the CJEU reconsider its judgment handed down in Allianz v West Tankers (The Front Comor) . Earlier, i n the West Tankers case the CJEU ruled that it was incompatible with the Brussels Regulation for the court of a EU Member State to grant an injunction restraining a party from commencing or continuing court proceedings brought in breach of an arbitration agreement. In reaching this decision, the CJEU held that if proceedings were to come within the scope of the Brussels I Regulation, then a preliminary issue concerning the validity of an arbitration agreement also came within the scope of the Regulation.
2015年5月13日，欧洲法院在Gazprom OAO诉立陶宛共和国案中做出了备受期待的判决。欧洲高等法院之前有成员国法院/仲裁法庭授予反诉讼禁令以执行仲裁协议的问题，而且，最重要的是，布鲁塞尔I规则是否适用于手头的案件。2014年12月，总检察长(AG)在就此事发表意见的同时，对法院悬而未决的问题提出了“未来法律”，并强烈建议欧洲高等法院重新考虑其在安联诉西油轮案(The Front Comor)中做出的判决，此案具有重要意义。早些时候，在West Tankers一案中，欧洲法院裁定，欧盟成员国法院颁发禁令，禁止一方当事人因违反仲裁协议而启动或继续法庭诉讼，这与《布鲁塞尔条例》不符。在作出这一决定时，欧洲法院认为，如果诉讼程序属于《布鲁塞尔规则1》的范围，那么有关仲裁协议有效性的初步问题也属于《规则》的范围。
{"title":"DOES THE JUDGMENT OF THE CJEU IN GAZPROM BRING ABOUT CLARITY ON THE GRANT OF ANTI-SUIT INJUNCTIONS UNDER THE BRUSSELS I REGULATION?","authors":"J. Sundaram","doi":"10.5750/DLJ.V27I0.1111","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.1111","url":null,"abstract":"On 13 May 2015 the CJEU delivered the much anticipated judgment in Gazprom OAO v Republic of Lithuania . The CJEU had before it issues relating to the grant of anti-suit injunctions by member state courts/arbitral tribunals to enforce arbitration agreements, and also, most importantly if the Brussels I Regulation would apply to the case at hand. The case gains in significance, as the Advocate General (AG) had in December 2014, while giving his opinion on the matter had proceeded to apply a ‘future law’ on a matter pending before the courts, strongly recommended that the CJEU reconsider its judgment handed down in Allianz v West Tankers (The Front Comor) . Earlier, i n the West Tankers case the CJEU ruled that it was incompatible with the Brussels Regulation for the court of a EU Member State to grant an injunction restraining a party from commencing or continuing court proceedings brought in breach of an arbitration agreement. In reaching this decision, the CJEU held that if proceedings were to come within the scope of the Brussels I Regulation, then a preliminary issue concerning the validity of an arbitration agreement also came within the scope of the Regulation.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123496552","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}
The problem of access to medicines became acute with the entry of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1995 and caught a number of developing countries around the world, unawares. Brenda P Mey’s book on access to drugs issues is a study of this particular problem faced in two developing countries, namely India and Kenya in the aftermath of the implementation of the TRIPS compliant patent legislation. The two developing countries taken up for study are geographically located in two different continents, namely Asia and Africa with differing backgrounds and strikingly similar problems. Dr Mey’s book is a brainchild of her PhD thesis of the same title, and a library reference work in every sense. It showcases her talents as a researcher and analyst on the subject matter of lack of access to medicines (in this case India and Kenya) as a direct result from the implementation of TRIPS Agreement, which grants an extended patent protection to pharmaceutical and chemical products besides others.
随着1995年《与贸易有关的知识产权协定》(TRIPS)的加入，获得药品的问题变得尖锐起来，并使世界上许多发展中国家措手不及。Brenda P Mey关于获取药物问题的书研究了两个发展中国家，即印度和肯尼亚，在实施符合TRIPS的专利立法之后所面临的这一特殊问题。所研究的两个发展中国家在地理上位于两个不同的大陆，即亚洲和非洲，背景不同，问题惊人地相似。梅博士的书是她同名博士论文的结晶，也是图书馆各种意义上的参考著作。它展示了她作为一名研究人员和分析师的才能，研究缺乏获得药品的机会(在本例中是印度和肯尼亚)这一主题，这是实施《与贸易有关的知识产权协定》的直接结果，该协定赋予药品和化学产品以及其他产品更广泛的专利保护。
{"title":"THE LEGAL DUEL: THE TRIPS AGREEMENT AND DRUG ACCESS ISSUES","authors":"J. Sundaram","doi":"10.5750/DLJ.V27I0.1113","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.1113","url":null,"abstract":"The problem of access to medicines became acute with the entry of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1995 and caught a number of developing countries around the world, unawares. Brenda P Mey’s book on access to drugs issues is a study of this particular problem faced in two developing countries, namely India and Kenya in the aftermath of the implementation of the TRIPS compliant patent legislation. The two developing countries taken up for study are geographically located in two different continents, namely Asia and Africa with differing backgrounds and strikingly similar problems. Dr Mey’s book is a brainchild of her PhD thesis of the same title, and a library reference work in every sense. It showcases her talents as a researcher and analyst on the subject matter of lack of access to medicines (in this case India and Kenya) as a direct result from the implementation of TRIPS Agreement, which grants an extended patent protection to pharmaceutical and chemical products besides others.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122071504","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}
Sir Louis Blom-Cooper has had a distinguished career as QC, Chairman of Inquiries, advocate of Human Rights and campaigning author. This book is a collection of essays on topical and controversial issues. As one would expect of the author, he constantly expresses individual views and challenges orthodox opinion. The essays cover such diverse subjects as judicial review, Human Rights, the need for a new Homicide Act, trial by jury, criminal sentencing and penal policy, media freedom and regulation of the Press and include a number of diverting tales from his life at the Bar and pen-portraits of leading judges. It is only possible within the scope of this review to comment on some of the essays.
{"title":"POWER OF PERSUASION","authors":"R. Bray","doi":"10.5750/dlj.v27i0.1114","DOIUrl":"https://doi.org/10.5750/dlj.v27i0.1114","url":null,"abstract":"Sir Louis Blom-Cooper has had a distinguished career as QC, Chairman of Inquiries, advocate of Human Rights and campaigning author. This book is a collection of essays on topical and controversial issues. As one would expect of the author, he constantly expresses individual views and challenges orthodox opinion. The essays cover such diverse subjects as judicial review, Human Rights, the need for a new Homicide Act, trial by jury, criminal sentencing and penal policy, media freedom and regulation of the Press and include a number of diverting tales from his life at the Bar and pen-portraits of leading judges. It is only possible within the scope of this review to comment on some of the essays.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122398917","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}
In this edition of the Denning Law Journal we are celebrating the 800 years of the Magna Carta, but compared to some declarations the Magna Carta is a mere fledgling. Those with knowledge of the medical profession will be well versed in the Hippocratic Oath, which garnered a fundamental role in medical training during the Hellenic period. I n more recent years, the Hippocratic Oath has been revitalised in the form of the Declaration of Geneva, and is still used as part of medical training today. Over time the Oath has been modified to adopt a more progressive stance, nevertheless in one key ethical principle remains untouched, that of confidentiality.
{"title":"SSH...DON’T TELL THE CHILDREN! NO DUTY TO WARN DESCENDANTS THAT THEY MAY HAVE INHERITED A SERIOUS MEDICAL CONDITION","authors":"K. Dyer","doi":"10.5750/DLJ.V27I0.1110","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.1110","url":null,"abstract":"In this edition of the Denning Law Journal we are celebrating the 800 years of the Magna Carta, but compared to some declarations the Magna Carta is a mere fledgling. Those with knowledge of the medical profession will be well versed in the Hippocratic Oath, which garnered a fundamental role in medical training during the Hellenic period. I n more recent years, the Hippocratic Oath has been revitalised in the form of the Declaration of Geneva, and is still used as part of medical training today. Over time the Oath has been modified to adopt a more progressive stance, nevertheless in one key ethical principle remains untouched, that of confidentiality.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129704099","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}
The Great Charter is often portrayed as the source of English liberties: a medieval document which projected its beneficent light forward over eight centuries and which, while representing the triumph of barons over monarch, brought to birth principles which had equal resonance for an age of representative governance and universal suffrage. Such portrayal is naturally and explicably depicted in brighter colours in this its 800 th anniversary with celebrations, exhibitions, conferences, a new and scholarly book co-authored by none other than the recently retired Lord Chief Justice, the aptly named Lord Judge , and a no less scholarly but more sardonic one by the historian and Television pundit David Starkey and last but not least, these lectures under the auspices of the University of Buckingham. I am particularly happy to be invited to give the first of these lectures since it enables me to discharge my obligation as a Visiting Professor which, I regret, that I have hitherto honoured only in the way of the Oxford don who, when asked during a mid-twentieth century inquiry into the governance of the University about his teaching duties, replied ‘I have to give an annual lecture – but not, you understand, every year’.
{"title":"MAGNA CARTA IN THE TWENTIETH AND TWENTY FIRST CENTURIES","authors":"Michael J Beloff Qc","doi":"10.5750/DLJ.V27I0.1102","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.1102","url":null,"abstract":"The Great Charter is often portrayed as the source of English liberties: a medieval document which projected its beneficent light forward over eight centuries and which, while representing the triumph of barons over monarch, brought to birth principles which had equal resonance for an age of representative governance and universal suffrage. Such portrayal is naturally and explicably depicted in brighter colours in this its 800 th anniversary with celebrations, exhibitions, conferences, a new and scholarly book co-authored by none other than the recently retired Lord Chief Justice, the aptly named Lord Judge , and a no less scholarly but more sardonic one by the historian and Television pundit David Starkey and last but not least, these lectures under the auspices of the University of Buckingham. I am particularly happy to be invited to give the first of these lectures since it enables me to discharge my obligation as a Visiting Professor which, I regret, that I have hitherto honoured only in the way of the Oxford don who, when asked during a mid-twentieth century inquiry into the governance of the University about his teaching duties, replied ‘I have to give an annual lecture – but not, you understand, every year’.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123107856","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}
The internet has revolutionized the way we interact with information and each other. Among the internet’s many applications, e-commerce ranks at the top. Businesses derive significant value from a robust online presence which arguably begins with a strong domain name. Websites are identified by internet protocol (IP) addresses which consist of sets of numbers. The Domain Name System (DNS) is the internet’s address book. Its function is to allow internet users to identify websites with more memorable indicia than a set of numbers such as words, phrases and acronyms. Given that businesses often devote significant resources to growing brand recognition and the goodwill associated with their trademarks, many of them tend to register domain names under those trademarks. Domain names (unlike trademarks) are unique which further increases a trademark holder’s interest in securing ones that consumers would likely associate with its goods or services. Cyber-squatters seek to profit from the DNS by engaging in a form of “online speculation”. They register domain names that are either identical or confusingly similar to trademarks and then attempt to sell the domain name(s) to a legitimate trademark holder for a profit. The current regulatory framework dealing with cyber-squatting comprises of: 1) The Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP) and variants thereof; 2) The American Anticybersquatting Consumer Protection Act (ACPA); and 3) National trademark laws. This paper argues that while partially effective, the current framework is lacking. A review of UDRP panel statistics reveals a steady flow of complaints since 2000 with a marked upswing from 2005 forward. The WIPO Arbitration and Mediation Center, the largest UDRP resolution provider, receives between 1700-2600 complaints per year relating to cyber-squatting. Cyber-squatting is therefore clearly an issue that requires further or better regulation. The UDRP, ACPA and trademark statutes all suffer from significant shortcomings. This paper seeks to identify those shortcomings and propose a potential solution: a model law relating to cyber-squatting and other abusive domain name practices. The model law would create specific causes of action for cybersquatting and the abusive practice known as “reverse-domain name hijacking”. It would also comport certain key provisions to aid in the harmonization of an internationally accepted body of “domain name law”. While a model law approach itself suffers from certain shortcomings (most notably the requirement that it be adopted in a significant number of states to become effective), this paper demonstrates that those shortcomings are far outweighed by its benefits.
{"title":"THE MODEL FOR A PATH FORWARD. A PROPOSAL FOR A MODEL LAW DEALING WITH CYBER-SQUATTING AND OTHER ABUSIVE DOMAIN NAME PRACTICES","authors":"James Plotkin","doi":"10.5750/DLJ.V27I0.989","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.989","url":null,"abstract":"The internet has revolutionized the way we interact with information and each other. Among the internet’s many applications, e-commerce ranks at the top. Businesses derive significant value from a robust online presence which arguably begins with a strong domain name. Websites are identified by internet protocol (IP) addresses which consist of sets of numbers. The Domain Name System (DNS) is the internet’s address book. Its function is to allow internet users to identify websites with more memorable indicia than a set of numbers such as words, phrases and acronyms. Given that businesses often devote significant resources to growing brand recognition and the goodwill associated with their trademarks, many of them tend to register domain names under those trademarks. Domain names (unlike trademarks) are unique which further increases a trademark holder’s interest in securing ones that consumers would likely associate with its goods or services. Cyber-squatters seek to profit from the DNS by engaging in a form of “online speculation”. They register domain names that are either identical or confusingly similar to trademarks and then attempt to sell the domain name(s) to a legitimate trademark holder for a profit. The current regulatory framework dealing with cyber-squatting comprises of: 1) The Internet Corporation for Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Policy (UDRP) and variants thereof; 2) The American Anticybersquatting Consumer Protection Act (ACPA); and 3) National trademark laws. This paper argues that while partially effective, the current framework is lacking. A review of UDRP panel statistics reveals a steady flow of complaints since 2000 with a marked upswing from 2005 forward. The WIPO Arbitration and Mediation Center, the largest UDRP resolution provider, receives between 1700-2600 complaints per year relating to cyber-squatting. Cyber-squatting is therefore clearly an issue that requires further or better regulation. The UDRP, ACPA and trademark statutes all suffer from significant shortcomings. This paper seeks to identify those shortcomings and propose a potential solution: a model law relating to cyber-squatting and other abusive domain name practices. The model law would create specific causes of action for cybersquatting and the abusive practice known as “reverse-domain name hijacking”. It would also comport certain key provisions to aid in the harmonization of an internationally accepted body of “domain name law”. While a model law approach itself suffers from certain shortcomings (most notably the requirement that it be adopted in a significant number of states to become effective), this paper demonstrates that those shortcomings are far outweighed by its benefits.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123446106","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}
The maxim “an Englishman’s home is his castle” has its roots in Magna Carta. English land law has developed from a feudal system which emphasised the authority of the lord: in times long ago most occupiers of land were beholden in some way to their lord for their rights to the land, being obliged to give services in return for their landholding, and to demonstrate loyalty or fealty to their lord. The lords themselves had similar obligations to their lords, and ultimately to the King. Hence, it used to be said that all land in England was held directly or indirectly from the Crown.
{"title":"\"DEFENDING AN ENGLISHMAN'S CASTLE” CAN I SELL MY HOUSE BUT CONTINUE LIVING IN IT? THE NORTH-EAST PROPERTY BUYERS LITIGATION","authors":"R. Pearce","doi":"10.5750/dlj.v27i0.1103","DOIUrl":"https://doi.org/10.5750/dlj.v27i0.1103","url":null,"abstract":"The maxim “an Englishman’s home is his castle” has its roots in Magna Carta. English land law has developed from a feudal system which emphasised the authority of the lord: in times long ago most occupiers of land were beholden in some way to their lord for their rights to the land, being obliged to give services in return for their landholding, and to demonstrate loyalty or fealty to their lord. The lords themselves had similar obligations to their lords, and ultimately to the King. Hence, it used to be said that all land in England was held directly or indirectly from the Crown.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123525779","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}
The significance of this paper is in discussion of the wholesale obliteration of religious and other rights among Australian Aboriginal people, constituting a subspecies of continuing genocide. The Constitution of the Commonwealth of Australia states its directive on religion as follows. ‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’ This constitutional section prohibits the making of laws, as stated, but does not prohibit administrative action imposing religious procedures. Neither does it prohibit official administrative action to restrain the free exercise of religion in Australia.
{"title":"AUSTRALIAN ABORIGINAL HUMAN RIGHTS AND APPREHENDED BIAS: SKIRTING MAGNA CARTA PROTECTIONS?","authors":"G. Lilienthal, Nehaluddin Ahmad","doi":"10.5750/DLJ.V27I0.1104","DOIUrl":"https://doi.org/10.5750/DLJ.V27I0.1104","url":null,"abstract":"The significance of this paper is in discussion of the wholesale obliteration of religious and other rights among Australian Aboriginal people, constituting a subspecies of continuing genocide. The Constitution of the Commonwealth of Australia states its directive on religion as follows. ‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’ This constitutional section prohibits the making of laws, as stated, but does not prohibit administrative action imposing religious procedures. Neither does it prohibit official administrative action to restrain the free exercise of religion in Australia.","PeriodicalId":382436,"journal":{"name":"The Denning Law Journal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124018310","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}
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