700,311 research outputs found

    Child Pornography\u27s Forgotten Victims

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    The goal of this paper is to demonstrate that possession of child pornography is not a victimless crime. It will illustrate the problem and explain the harm suffered by its victims. It will then trace factors that may have contributed to the perception that possession of child pornography is a victimless offense. The first factor is the dual nature of the child pornography laws that addresses both actual and future harm. When this duality is applied to possessors, their link to actual harm appears attenuated because the possessor is not involved in the acts of sexual abuse inherent in producing the images. The second factor is that a number of scholars have criticized generally possession offenses as a tool for preemptive prosecutions, but they have not exempted child pornography from their condemnation. Finally, technology itself is a cause. The growth of the Internet and the ability to find images from the comfort of one\u27s home further weakens the connection between the victim and the viewer; this distance is exacerbated by a general sense that nothing is real in cyberspace

    Regulation and Deregulation: Property Rights Allocation Issues in De Regulation of Common Pool Resources

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    Rights-based institutions have been adopted for certain natural resources in order to more effectively mitigate the losses of the common pool. Past central government (command and control) regulation has not proved satisfactory. In deregulation, a major issue has been the assignment of those rights and controversy over it has slowed the process. In this paper, I examine three different allocation rules: first-possession, lottery or uniform allocation, and auction and draw predic tions as to when they might be adopted and why they are controversial. I analyze the assignment and nature of the rights granted for common-pool resources where deregulation has occurred: oil and gas unit shares, emission permits, and selected fishery ITQ’s in six countries (Australia, Canada, Chile, Iceland, New Zealand, and the U.S). I find that firstpossession rules dominate where there are incumbent users. Lotteries and auctions are rarely used. I discuss criticisms of first-possession rules and argue that first-possession is likely more efficient than previously recognized. Accordingly, restrictions on such allocations as part of deregulation (rights set-asides for particular groups and exchange limitations) may be costly in the long run for addressing the problems of the common pool.

    State of Utah v. Dean Alan Shephard : Brief of Appellant

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    APPEAL FROM THE THIRD JUDICIAL COURT, SALT LAKE COUNTY, STATE OF UTAH, FROM A CONVICTION OF POSSESSION OF A CLANDESTINE LABORATORY, A FIRST DEGREE FELONY, POSSESSION OF A CONTROLLED SUBSTANCE, A FIRST DEGREE FELONY, AND POSSESSION OF PARAPHERNALIA, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE SHEILA K. McCLEVE

    Supply-side reduction policy and drug-related harm

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    Large-scale seizures of cocaine, heroin and amphetamine-type substances (ATS) do not result in any reduction in overdoses on these drugs or on arrests for use and possession of these drugs, according to this report. Aim: The aim of this study was to examine the question of whether seizures of heroin, cocaine or amphetamine type substances (ATS) or supplier arrests for heroin, cocaine or ATS trafficking have any effect on the ED admissions related to or arrests for use and possession of these drugs. Method: Two strategies were employed to answer the question. The first involved a time series analysis of the relationship between seizures, supplier arrests, emergency department (ED) admissions and use/possession arrests. The second involved an analysis of three specific operations identified by the NSW Crime Commission as has having had the potential to have affected the market for cocaine. Results: Over the short term (i.e. up to four months), increases in the intensity of high-level drug law enforcement (as measured by seizures and supplier arrests) directed at ATS, cocaine and heroin did not appear to have any suppression effect on ED admissions relating to ATS, cocaine and heroin, or on arrests for use and/or possession of these drugs. The three major operations dealing with cocaine listed by the NSW Crime Commission as significant (Operation Balmoral Athens, Operation Tempest and Operation Collage) did exert a suppression effect on arrests for use and possession of cocaine. Conclusions: Increases in the quantities of ATS, cocaine and heroin drugs seized by law enforcement authorities are normally a signal of increased rather than reduced supply. Very large seizures, however, may temporarily suppress consumption of these drugs. Even if drug seizures and drug supplier arrests have no short term effects on ED admissions and arrests for drug use and/or possession, they may still suppress drug consumption through risk compensation

    State of Utah v. Daniel Herrera : Brief of Appellant

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    Appeal from a Sentencing by the First District Court on a First Degree Felony for Possession of a Controlled Substance and a Class B Misdemeanor for Possession of Paraphernalia By the Honorable Clint Judkin

    The key to change

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    IN BRIEF • Four out of five people facing eviction may receive no legal help. • A “one-stop” advice shop should be available before the hearing. • There needs to be more “eye-catching” information to encourage defendants to attend court. Following our report on the housing possession process which raised questions concerning whether there is effective access to justice (see “Losing a home”, NLJ, 20 June 2014, p 16), we held a seminar to discuss the issues raised. Key actors involved in the possession process—judges, housing advisers, claimant representatives, policy makers, court administrators—imagined how the process might be improved. There were two key themes that emerged. The first focused around the low levels of defendant participation in possession cases: notwithstanding the fact that the home is under threat, many defendants do not receive legal advice and do not actively participate in the court process. This matters not only because of the importance of participation to procedural justice, but also because of its impact on outcome. Research suggests that there is a relationship between attendance and more favourable decisions to the defendant. The second area of interest was on eviction by private landlords. This is highly topical as the government has established a working party “to examine proposals to speed up the process of evicting during a tenancy tenants who do not pay rent promptly or fail to meet other contractual obligations”

    State of Utah v. Joshua O. Herschi : Brief of Appellee

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    Appeal from convictions for possession of marijuana with intent to distribute in a drug free zone, a second degree felony, possession of methamphetamine in a drug free zone, a second degree felony, possession of Oxycontin without a valid prescription in a drug free zone, a second degree felony, possession of a dangerous weapon by a restricted person, a third degree felony, and possession of drug paraphernalia in a drug-free zone, a class A misdemeanor, in the First Judicial District Court of Utah, Cache County, the Honorable Thomas L. Willmore presidin

    "The honor of firing before His Majesty": Patrick Ferguson's will and the Royal Armouries’ Ferguson rifle

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    Patrick Ferguson (1744-80) designed the first breech-loading rifle to be used by the British Army. In November 2000, the Royal Armouries purchased an early example, formerly in the possession of the Fergusons of Pitfour, descendants of Patrick's younger brother, George. Patrick Ferguson's will has helped the author identify the Royal Armouries' Ferguson Rifle as the one which Patrick Ferguson used when he demonstrated it before George III and Queen Charlotte at Windsor in 1776

    Rethinking Novelty in Patent Law

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    The novelty requirement seeks to ensure that a patent will not issue if the public already possesses the invention. Although gauging possession is usually straightforward for simple inventions, it can be difficult for those in complex fields like biotechnology, chemistry, and pharmaceuticals. For example, if a drug company seeks to patent a promising molecule that was disclosed but never physically made in the prior art, the key possession question is whether a person having ordinary skill in the art (PHOSITA) could have made it at the time of the prior disclosure. Put differently, could the PHOSITA rely on then-existing knowledge in the field to fill in any missing technical details from the prior disclosure? This Article argues that existing novelty jurisprudence mishandles the possession question in two ways. First, it tends to overestimate the PHOSITA\u27s then-existing knowledge by failing to fully appreciate the complex nature of certain technologies. Second, the current examination framework vitiates the presumption of novelty by placing proof burdens on the would-be inventor that can thwart innovation and frustrate important objectives of the patent system. To resolve these problems and to fill a gap in patent scholarship, this Article proposes a new paradigm that reframes the novelty inquiry during patent examination. Its implementation will not only improve the quality of issued patents, but also make the patent literature a more robust source of technical information. This Article contributes to broader policy debates over patent reform and joins a larger effort to bridge the disconnect between patent law and the norms of science
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