Catalog: Digital Commons at Pace - New Repository Articles
“Publish, publish, publish!” is a piece of advice commonly offered to students by career services departments in law schools across the country. Student publications typically take the form of law review or bar journal articles or perhaps competition submissions; however, with the advent of accessible Web 2.0 technologies, publishing has evolved to encompass all sorts of content, styles, lengths, and audiences.
The Pace Law Library approach has been mostly electronic in nature and incorporates into Pace’s advanced legal research courses portfolio pieces such as student-authored research guides, blog posts, and bar journal articles. Moreover, student notes that satisfy the school’s Upper-Level Writing Requirement are being given greater exposure by posting them to the school’s Digital Commons. The idea was to give students the opportunity to grow their professional portfolios and to increase student publications by taking advantage of existing law school resources and infrastructure. While the benefits of this shift are still being fully realized, tangible results can already be seen.
The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the displaced. Persons suffering climate displacement face a loss of their rights and states must take actions to ensure that they do not violate human rights. Recently, states are more inclined towards sealing their borders to stop the migration influx. Walls are being built and shorelines are heavily guarded to ensure that no one can migrate. The magnitude of the coming crises of Climatees (climate change refugees and displacees) is huge. It eventually will call into question meaning of “Universal Declaration of Human Rights.” Climate change impacts pose a significant threat to many of broadly recognized rights contained in the Universal Declaration of Human Rights and other international instruments. This thesis concludes that current national and international laws are inadequate to cope with the dilemma of climatic displacement. Nations must work together to fill in all gaps in the international legal and policy frameworks to cope with the emerging dilemma of Climatees. “Sit and wait” approaches can be very costly in terms of human life and financial cost.
Carbon Forest Markets and the Brazilian Atlantic Rainforest: Can Market-Based Economic Incentives Save the Forest?
This study is divided into six main chapters. The first chapter is dedicated to situate forests in the global context and providing a detailed description of the Atlantic Rainforest's history, ecological features, geographical and demographical information and its potential contribution to emissions and removals of greenhouse gases. Considering the traditional trend of not valuing ecosystem services, this first chapter introduces the notion of economic incentives to promote forest conservation and regeneration policies highlighting existing market-based approaches. The goal is twofold: first, to compare the Atlantic forest's reality and characteristics with a worldwide deforestation trend; second to provide an understanding of the nature of existing carbon forest market schemes and how they operate.
Next, this study presents an overview of the evolution of the forest market-based approaches internationally. Since the CDM of the Kyoto Protocol is the dominant regulatory market influencing various trading schemes around the world, understanding how the international community overcame conflicting interests and technical obstacles to build consensus over such an economic incentive is crucial to identifying its practical implementation challenges. Subsequently, chapter four builds upon the analysis of the previous chapter by laying down the evolution of the CDM's legal and institutional framework. Being able to visualize the legal and institutional framework is critical to understanding the operational and bureaucratic bottlenecks of a CDM forestry project implementation process.
Having stressed down the Atlantic forest's main ecological and socio-economic features and constraints along with the implementation challenges of the dominant carbon forest market, the fifth chapter turns to examining current obstacles to, and impacts of, forestry activities specific to the Atlantic Rainforest biome. Then, this study provides a thorough analysis of the current command-and-control regime governing conservation and regeneration practices in the Atlantic forest. It examines the legal framework in light of the procedural rules of the regulatory market while assessing the maximization potentialities of both voluntary and regulatory carbon forest markets. Before a conclusion can be draw, the final chapter provides policy recommendations to overcome the identifiable obstacles to, and adverse impacts of, carbon forest markets in the Brazilian Atlantic Rainforest.
Caregiver anecdotes attest that music and photographs play an important role for family members diagnosed with Alzheimer's disease (AD), even those with severe AD. Tablets and iPads, which are prevalent, can be utilized with dementia patients in portraying favorite music and family photographs via apps developed in close partnership with geriatric facilities. Anecdotal research has shown that non-verbal late-stage dementia patients have become stimulated when iPods played their beloved tunes. There is an unmet need in geriatric facilities for stimulating dementia patients, as well providing hard-core data for proving increased cognitive abilities with technology. Technology can help bridge the gap between patients and staff to improve the quality of life for the cognitively impaired. This study addresses cognitive functioning and quality of life for people diagnosed with dementia via technology. In recent times, the influx of older adults suffering from Alzheimer's or dementia related illness has impacted the U.S. Healthcare system. Cognition significantly declines in older adults with AD or dementia over the course of the disease, causing most to be dependent on caregivers, thus routinely institutionalized. Caregivers are often required to focus their attention on addressing the agitation or discomfort of the AD or dementia patient. Research has shown that technology instruments such as iPods, help stimulate those with dementia. This study focuses on innovative devices such as iPads and tablets, which are mainstream and easy to use, cannot only help determine stage of dementia, but also provide stimulation to improve cognitive functioning. It is hoped that this research will analyze that specially created apps and existing assistive software can be used to decrease the symptoms and improve cognition of older adults suffering from AD or other dementia related diseases. Via service-learning courses, students developed an easy-to-use application for tablets to help- older adults with disabilities more readily use the technology. Student programmers produced apps and performed usability tests with the dementia patients, as well as met with geriatric facility personnel to produce application software that meets the patients, family, and caregiver needs and expectations. For example, a student term project produced an application entitled Candoo that utilizes Google's voice recognition and synthesis engine to navigate the web, provide the weather, and supply pill reminder alerts. Another application example included one that allows families to electronically send photographs, video clips, and favorite music from anywhere to loved ones for enjoyment. Furthermore, older adults were assessed by nursing students for cognitive functioning before, and after the semester's intervention. Such mobile apps could allow dementia persons to become less agitated and stay in their homes longer, while also providing awareness and positive change of attitude by those of another generation towards the elderly. This research will discuss student developed mobile applications in the scope of helping improve the quality of life of patients with AD or dementia.
The Evolution of Successful Service-Learning Courses in the Computing Curriculum: From Infancy to innovation
The purpose of this paper is to relate the evolution of successful service-learning courses in a school of computer science and information systems spanning over a 20-year period. The authors share their experiences in developing technology-based service-learning courses for both majors and non-majors. Most recently, these courses have enabled undergraduate first-year students to be exposed to exciting technologies, such as robotics and mobile app development. The challenges, benefits, and lessons learned are discussed.
Caregiver anecdotes attest that music and photographs play an important role for family members diagnosed with Alzheimer’s disease (AD), even those with severe AD. Tablets and iPads, which are prevalent, can be utilized with dementia patients in portraying favorite music and family photographs via apps developed in close partnership with geriatric facilities. This study addresses cognitive functioning and quality of life for people diagnosed with dementia via technology. Research has shown that technology instruments such as iPods, help stimulate those with dementia. This study focuses on innovative devices such as iPads and tablets, which are mainstream and easy to use, cannot only help determine stage of dementia, but also provide stimulation to improve cognitive functioning. It is hoped that this research will analyze that specially created apps and existing assistive software can be used to decrease the symptoms and improve cognition of older adults suffering from AD or other dementia related diseases. Via service-learning courses, students developed an easy-to-use application for tablets to help older adults with disabilities more readily use the technology. This research will discuss student developed mobile applications in the scope of helping improve the quality of life of patients with AD or dementia.
As the world continues to shrink and immigration increases across the globe, children are more frequently being raised under the influence of several cultures. As these cultures clash, children may be subject to child-rearing practices that are abusive in one culture and accepted in another, leaving state criminal court systems to sort out the aftermath. In these cases, the accused immigrant parents may be able to use the cultural defense to escape conviction or mitigate their sentences in the face of child abuse charges. This cultural defense has been successfully used in courts all over the world, including the United States, the United Kingdom, Canada, and many other countries. The tremendous and increasing mobility of the global population will likely magnify the conflicts of the past and increase the use of the cultural defense in child abuse cases in the future.
Part I of this article discusses the trends in immigration and parenting that make use of the cultural defense increasingly more likely in the future. It also explains the cultural defense and children's rights under the CRC. Part II discusses the best interests principle of the CRC as the framework from which to analyze the use of the cultural defense in child abuse cases. Then, in Part III, this article analyzes the use of the cultural defense in child abuse cases from around the world under the framework of the CRC and explains why its use is in direct conflict with the CRC. Finally, Part IV proposes an internationally-derived standard against which judges or juries should compare the acts of immigrant parents in child abuse cases.
As the Association of Southeast Asian Nations (ASEAN) continues its dynamic evolution towards establishing the ASEAN Community by 2015, one of its key areas of policy focus is to enhance its regional intellectual property (IP) framework and promote greater IP cooperation, so as to advance economic competitiveness and transform the region into a significant and competitive bloc in the international community.
While recognizing this desire for broader IP cooperation, ASEAN member states have traditionally guarded their sovereignty fervently and upheld diplomacy the ASEAN Way. The ASEAN Way emphasizes consensus and non-interference. Earlier attempts at IP harmonization faced numerous setbacks and had to be put on the back burner. Nonetheless, ASEAN remained committed to advancing its goal of establishing a “creative ASEAN economy.” Its recent adoption of a regional IP cooperation model enables its members to move forward collectively but at varying paces. This model also seeks to preserve diversity and gives due recognition to the differing levels of development of its member states.
This article seeks to bring about a general appreciation of how ASEAN has persevered in its quest to strike an appropriate balance between advancing the mutual regional interests of its member states, while still preserving the diverse national interests of its various stakeholders. This article discusses the idea that as ASEAN moves resolutely towards establishing the ASEAN Community, it is important that it perseveres in its quest for an inclusive regional IP regime that balances the diverse national interests of its member states with their mutual regional interests. From a broader global perspective, unless and until the development gap and disparities in IP creation, utilization and exploitation among nations are closed, or at least minimized, lessons can perhaps be learned from harmonizing IP the ASEAN way. Specifically, this article will seek, inter alia, to: (1) provide a brief overview of ASEAN and diplomacy based on the ASEAN Way; (2) discuss the ASEAN Framework Agreement and selected initiatives on IP cooperation; (3) review and analyze the progress of ASEAN IP integration; and (4) share some concluding thoughts.
Back in 1985, when knowledge of HIV began to spread, governments reacted by passing immigration laws to restrict the entry of HIV positive individuals. These laws required such individuals to either declare their HIV status or undergo mandatory HIV testing to secure entry. As justification for these initiatives, many countries claimed to be preserving the public health and their domestic economy. The United States, China, and Russia are three countries that have had, or still have, some form of HIV immigration restrictions. Initially, it may seem logical that preventing HIV positive individuals from entering a country will cut down on the spread of HIV and save the economy from health care costs. Nevertheless, an analysis of the HIV travel restrictions of these three countries will show that the public health and economic reasoning behind such laws is flawed because HIV is not spread by casual contact and because economic goals can be accomplished with less restrictive means. Moreover, this article will further reveal that HIV travel restrictions contribute to several health concerns and create issues with confidentially and stigmatization.
In the end, a comparative analysis of these three countries, with specific attention paid to their successes and failures, reveals that the best system is one that works on both an international and domestic level. On the international level, border *90 testing must be voluntary, confidential, and informed. It should also utilize pre and post test counseling, and not be used to restrict entry. On the domestic level, individual countries need to educate the public and create programs to address high-risk groups responsible for the rapid spread of HIV. In doing so, society will find not only that it is more effectively protecting itself from the spread of HIV, but also that it is protecting the HIV community from the stigma and discrimination that contributed to the rapid spread of HIV in the first place.
The art of constitution-making is never one-dimensional. In regard to the United States' model, it has recently been argued that “[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition.” While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for a nation that has so long been plagued with issues of de facto and de jure recognition, many of the same factors that would make it incomplete to view the purpose of the American Constitution as a strictly internal document hold true for our strongest ally in the Middle East. After the establishment of the State of Israel in 1948, the young country experienced diplomatic isolation and Arab League boycotts. Today, Israel has diplomatic ties with 154 out of the other 191 member states of the United Nations, as well as with non-member Vatican City. This paper argues that the developing Israeli constitutionalism (this term is used broadly to cover not only the Basic Laws but also the quasi-constitutional founding documents and semi-constitutional proclamations of the Israeli Supreme Court) is also to a large extent about facilitating the admission of the new nation into the community of civilized states. From treaty making and economic development, to existential security issues, Israel recognized early on that it needed to quickly develop a strong and responsible federal government capable of enforcing compliance. It established a judiciary with capability of maintaining and enforcing the law of nations, and even challenging the state itself. More importantly though, while in the American model the framers were looking for and trying to gain trust in an economic sense, the Israelis are more focused on gaining international respect, especially on civil rights issues.
Imitation May Not Always Be the Sincerest Form of Flattery: Why Color Wars in the United States and Europe May Result in Brand Dilution and Color Depletion
This comment will focus on the way in which courts in the United States and the European Union have navigated the nontraditional waters of the relevant intellectual property statutes through their statutory interpretations, knowledge of common business administration, and their understanding of commerce. More specifically, this comment will focus on color trademarks, the threat of dilution, and how United States and European Union laws on this topic interact.
Scholars and practitioners alike recognize that contract formation in today's China requires more than an understanding of black letter law, but also knowledge of cultural practices. While there is much literature, however, about the legal unenforceability of contracts, the importance of guanxi (relationships), mianzi (face), and interpersonal harmony, there is little mention of eating and drinking rituals. Since time immemorial, ritual eating and drinking have legal meaning in China. These rituals often are the heart of building trust and negotiating terms in China. They are also the foundation for performance and enforcement. Often, however, these rituals involve drunkenness, which sometimes has turned fatal for contracting parties. Binge drinking is reaching epidemic proportions in China and employers, including law firms, openly recruit persons who can drink heavily. “Ganbei” is a popular toast which means to empty one's cup. This article explores what I call “ganbei contracts,” the phenomenon of eating and drinking rituals in contract formation. I first discuss current Chinese contract black letter law, then contemporary ritual eating and drinking, the ancient roots of ritual practice, and then guidelines for proper contemporary practice consonant with a rule of virtue and law.
This thesis is founded on the proposition that climate change and sustainable development are inextricably linked with each other and form a “nexus” that should be understood in a pragmatic and holistic way. Accordingly, the climate change “problem” cannot be adequately addressed in “silos” or by traditional output control techniques but instead should be viewed as a multidimensional challenge that calls for transformative change in the world energy sector in light of the wider contexts of sustainability and social equity. This thesis observes that with the emergence of a post-2015 development agenda and Sustainable Development Goals (SDGs) at the United Nations, the world is at or is fast approaching an inflection point in global development. While efforts to improve the United Nations Framework Convention on Climate Change (UNFCCC) process are laudable, this thesis argues for a transformative approach to converge international collective action on climate change with the broader frameworks of global sustainable development processes. This thesis makes a proposal for the convergence and integration of the UNFCCC and sustainable development work streams, and suggests that China consider taking a leadership role under the broad aspirational goal of building “eco-civilization.”