首页 > 最新文献

The Denning Law Journal最新文献

英文 中文
MAGNA CARTA AND ACCESS TO JUSTICE IN FAMILY PROCEEDINGS 大宪章和在家庭诉讼中诉诸司法
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1107
Nicholas Mostyn
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}
引用次数: 2
THE NUREMBERG TRIALS AND THEIR LEGACY FOR THE RIGHTS OF PATIENTS AND RESEARCH SUBJECTS 纽伦堡审判及其对患者和研究对象权利的影响
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1126
P. Weindling
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.
什么时候,旨在拯救生命和促进医学进步的临床研究变成了攻击和谋杀?在二十世纪,合法的人体研究和犯罪攻击之间的界限已经被划分得很清楚。研究者的要求、研究对象和患者的声音得到了不同程度的认可。随着20世纪早期临床研究的兴起和医学上的一些重大突破,人们倾向于把与疾病“斗争”的研究人员奉为英雄。在纳粹德国,人们面临着巨大的压力,要对被认为毫无价值的生命进行研究,以期在医学研究方面取得有价值的突破,造福国家和种族。毕竟,如果精神病患者和种族劣等的犹太人和吉普赛人要被杀害,他们的尸体可能仍然有用处。二战后,纽伦堡审判是在“危害人类罪”的基础上进行的,通过记录战时暴行,对维护人权和尊严做出了很大贡献。在纽伦堡的四国国际军事法庭之后,对20名纳粹医生和3名党卫军行政人员进行了审判:审判以一项基于研究对象自主和同意的研究行为宣言结束。
{"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}
引用次数: 0
DOES THE JUDGMENT OF THE CJEU IN GAZPROM BRING ABOUT CLARITY ON THE GRANT OF ANTI-SUIT INJUNCTIONS UNDER THE BRUSSELS I REGULATION? 欧洲法院对俄罗斯天然气工业股份公司(gazprom)的判决是否使布鲁塞尔一号条例下的反诉讼禁令的授予变得清晰?
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1111
J. Sundaram
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}
引用次数: 1
THE LEGAL DUEL: THE TRIPS AGREEMENT AND DRUG ACCESS ISSUES 法律决斗:与贸易有关的知识产权协定和药物获取问题
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1113
J. Sundaram
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}
引用次数: 0
POWER OF PERSUASION 说服力
Pub Date : 2015-11-16 DOI: 10.5750/dlj.v27i0.1114
R. Bray
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.
路易斯·布洛姆-库珀爵士作为QC、调查委员会主席、人权倡导者和竞选作家有着杰出的职业生涯。这本书是一本关于热门话题和有争议问题的文集。正如人们所期望的那样,作者不断地表达个人观点,挑战正统观点。这些文章涵盖了各种各样的主题,如司法审查、人权、制定新的杀人法案的必要性、陪审团审判、刑事判决和刑事政策、媒体自由和新闻监管,还包括一些他在律师事务所生活的有趣故事和主要法官的笔触肖像。在这篇评论的范围内,只可能对其中的一些文章进行评论。
{"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}
引用次数: 1
SSH...DON’T TELL THE CHILDREN! NO DUTY TO WARN DESCENDANTS THAT THEY MAY HAVE INHERITED A SERIOUS MEDICAL CONDITION SSH……别告诉孩子们!没有义务警告后代他们可能遗传了严重的疾病
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1110
K. Dyer
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.
在这一期的《丹宁法律杂志》中,我们庆祝《大宪章》诞生800周年,但与一些宣言相比,《大宪章》只是一个初具雏形的宣言。那些有医学专业知识的人将非常精通希波克拉底誓言,它在希腊时期的医学培训中发挥了重要作用。近年来,希波克拉底誓言以《日内瓦宣言》的形式重新焕发了活力,至今仍被用作医学培训的一部分。随着时间的推移,誓言已经被修改,采取了更进步的立场,但在一个关键的道德原则没有被触动,那就是保密。
{"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}
引用次数: 0
MAGNA CARTA IN THE TWENTIETH AND TWENTY FIRST CENTURIES 二十世纪和二十一世纪的大宪章
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1102
Michael J Beloff Qc
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’.
《大宪章》经常被描绘成英国自由的源泉:这是一份中世纪的文件,它将仁慈之光照耀了八个世纪,它不仅代表了贵族对君主的胜利,还催生了一些原则,这些原则在代议制治理和普选的时代有着同样的共鸣。这样的描绘自然和可以解释地以更明亮的色彩描绘在这800周年的庆祝活动,展览,会议,一个新的和学术的书合著者不是别人,正是最近退休的首席大法官,被恰当地命名为法官,和一个同样学术但更具讽刺的历史学家和电视专家大卫·斯塔基最后但并非最不重要的是,这些讲座在白金汉大学的主持下。我特别高兴被邀请来做这些讲座中的第一个,因为它使我能够履行我作为客座教授的义务,我很遗憾,到目前为止,我只以牛津大学教员的方式履行我的义务,在二十世纪中期对大学管理的调查中,当被问及他的教学职责时,他回答说:“我必须每年做一次讲座——但不是,你明白,每年都做。”
{"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}
引用次数: 1
THE MODEL FOR A PATH FORWARD. A PROPOSAL FOR A MODEL LAW DEALING WITH CYBER-SQUATTING AND OTHER ABUSIVE DOMAIN NAME PRACTICES 这是前进道路的典范。关于处理域名抢注和其他滥用域名行为的示范法的建议
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.989
James Plotkin
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.
互联网彻底改变了我们与信息以及彼此之间的互动方式。在互联网的众多应用中,电子商务名列前茅。企业从一个强大的在线存在中获得巨大的价值,这可以说是从一个强大的域名开始的。网站由互联网协议(IP)地址标识,IP地址由一组数字组成。域名系统(DNS)是互联网的地址簿。它的功能是让互联网用户用更容易记住的标志来识别网站,而不是一组数字,如单词、短语和首字母缩写。鉴于企业经常投入大量资源来提高品牌认知度和与其商标相关的商誉,许多企业倾向于在这些商标下注册域名。域名(与商标不同)是独一无二的,这进一步增加了商标持有人在保护消费者可能与其商品或服务联系在一起的域名方面的兴趣。域名抢注者试图通过一种“在线投机”的方式从DNS中获利。他们注册的域名要么与商标相同,要么令人困惑地相似,然后试图将域名出售给合法的商标持有人以获取利润。当前处理域名抢注的监管框架包括:1)《互联网名称与数字地址分配机构(ICANN)统一争议解决政策》(UDRP)及其变体;2)美国反域名抢注消费者保护法(ACPA);3)国家商标法。本文认为,虽然部分有效,但目前的框架是缺乏的。对减贫方案小组统计数据的审查显示,自2000年以来,投诉稳步增加,自2005年以来,投诉明显增加。世界知识产权组织仲裁与调解中心是最大的UDRP解决方案提供商,每年收到1700-2600起与域名抢注有关的投诉。因此,域名抢注显然是一个需要进一步或更好监管的问题。UDRP、ACPA和商标法规都有明显的缺陷。本文试图找出这些缺点,并提出一个潜在的解决方案:一个关于域名抢注和其他滥用域名行为的示范法。示范法将为域名抢注和被称为“反向域名劫持”的滥用行为规定具体的诉因。它还将符合某些关键条款,以帮助协调一个国际上接受的“域名法”机构。虽然示范法方法本身存在某些缺点(最明显的是要求在相当数量的州采用它才能生效),但本文表明,这些缺点远远超过了它的好处。
{"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}
引用次数: 0
"DEFENDING AN ENGLISHMAN'S CASTLE” CAN I SELL MY HOUSE BUT CONTINUE LIVING IN IT? THE NORTH-EAST PROPERTY BUYERS LITIGATION "保卫英国人的城堡"我能卖掉我的房子但继续住在里面吗?东北地产买家诉讼
Pub Date : 2015-11-16 DOI: 10.5750/dlj.v27i0.1103
R. Pearce
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.
“英国人的家就是他的城堡”这句格言源于《大宪章》。英国土地法是从强调领主权威的封建制度发展而来的:很久以前,大多数土地占领者在某种程度上对他们的领主负有义务,因为他们拥有土地,他们有义务提供服务,以换取他们拥有的土地,并向他们的领主表明忠诚或忠诚。领主对他们的领主,最终对国王也有类似的义务。因此,过去人们常说,英国所有的土地都是直接或间接地由王室占有的。
{"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}
引用次数: 0
AUSTRALIAN ABORIGINAL HUMAN RIGHTS AND APPREHENDED BIAS: SKIRTING MAGNA CARTA PROTECTIONS? 澳大利亚土著人权与偏见:规避大宪章保护?
Pub Date : 2015-11-16 DOI: 10.5750/DLJ.V27I0.1104
G. Lilienthal, Nehaluddin Ahmad
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.
这篇论文的意义在于讨论了对澳大利亚土著人的宗教和其他权利的大规模抹杀,构成了持续种族灭绝的一个亚种。《澳大利亚联邦宪法》对宗教的规定如下。“联邦不得制定任何法律以确立任何宗教,或强加任何宗教仪式,或禁止任何宗教的自由活动,也不得要求宗教考试作为担任联邦任何职务或公共信托的资格。”如前所述,这一宪法条款禁止制定法律,但不禁止行政行为强加宗教程序。它也不禁止在澳大利亚采取限制宗教自由的官方行政行动。
{"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}
引用次数: 0
期刊
The Denning Law Journal
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1