Law at the End of the Day

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The innovations and creative expressions of indige...

2012-05-13T23:15:27.302-04:00

The innovations and creative expressions of indigenous and local communities are also IP, yet because they are “traditional” they may not be fully protected by existing IP systems. Access to, and equitable benefit-sharing in, genetic resources also raise IP questions. Normative and capacity-building programs are underway at WIPO to develop balanced and appropriate legal and practical responses to these issues

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2012-05-12T05:46:04.107-04:00

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Honourable bye, considerate friend :)

2012-05-11T21:03:19.331-04:00

Honourable bye, considerate friend :)

No but have seen her work on Philadelphia and Chri...

2012-05-07T11:31:14.773-04:00

No but have seen her work on Philadelphia and Christmas revels.

Ever check out Susan Davis's book about the es...

2012-05-07T10:56:01.867-04:00

Ever check out Susan Davis's book about the establishment of wide thoroughfares in the US giving way to new forms of social protest?

Larry, really like the opening lines: . Constitut...

2012-05-04T08:24:35.084-04:00

Larry, really like the opening lines:
.
Constitutional theory is grounded in two principal objectives—the first is to incarnate an abstraction, and the second is to develop a set of presumptions and principles through which this incarnation can be judged. With respect to the first, constitutional theory can be understood as engaging in a descriptive project. With respect to this second objective, constitutional theory can be understood as engaging in a normative project.
.
They are very much suggestive of the potential for the performativity of law.
.
Substitute "descriptive" for "camera" and "normative" for "engine" and the following lines from Jan-H. and I's paper (which you reviewed last month) are telling:
.
The authors suggest that if state theory can be conceptualized as an ‘engine’ rather than merely a ‘camera’, in that policy is mobilized to make the world fit the theory, then this has implications for conceptualizing states.

Thanks. . .the link is fixed.

2012-05-03T11:14:24.439-04:00

Thanks. . .the link is fixed.

link seems to be broken

2012-05-02T08:36:46.758-04:00

link seems to be broken

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2012-04-26T21:46:53.219-04:00

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Come on Larry, weigh in on this!?

2012-04-26T11:32:00.259-04:00

Come on Larry, weigh in on this!?

Fascinating case for understanding contemporary st...

2012-04-26T11:17:45.686-04:00

Fascinating case for understanding contemporary struggles over the global position of states vis non-state entities. This concern echoes a major hypothesis in writing on the future of the state, that the state has becomes a supporting actor of globalization and thereby its own decline (see Susan Strange (1995) considering such issues in her balanced essay “The Defective State” DAEDALUS). Also, another case I imagine you're well aware of has to do with Phillip Morris in Columbia years ago regarding PM's ability to pressure Colombian officials to lift the tariff on US cigarettes in order to discourage smugglers from illegally importing them into the Colombian state (which, of course, PM was responsible for). Nicely, the combination of US-based lobbyists working in Colombia and somewhat disenfranchised indigenous Colombian smugglers created an elegant solution where non-state actors (variously arranged) helped to usurp state power (see it here: http://articles.latimes.com/2000/may/25/business/fi-33753 or here: http://www.themoscowtimes.com/news/article/columbia-files-smuggling-suit-against-philip-morris/262807.html).

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