scholarly journals Graduated Response American Style: 'Six Strikes' Measured Against Five Norms

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
United States ◽  
New York ◽  
Freedom Of Expression ◽  
Attorney General ◽  
New York State ◽  
The United States ◽  
District Court ◽  
Corporate Rights ◽  
The Government ◽  
Copyright Enforcement

In 2008, in recognition of the DMCA's inadequacy in the face of P2P file sharing, and with the high-profile case of Arista Records v. Lime Group pending in federal district court in New York, then New York State Attorney General Andrew Cuomo began pressuring broadband providers to agree voluntarily to play a greater role in fighting online infringement. Subsequently, the Obama administration, represented nationally by the Office of the Intellectual Property Enforcement Coordinator (IPEC) and internationally by the Office of the United States Trade Representative (USTR), expressly endorsed the concept of privately negotiated anti-piracy collaborations between corporate rights owners and broadband providers.In July of 2011, broadband providers finally bowed to the mounting political pressure and to changing economic realities in the business of corporate content ownership and delivery. Five of the largest telecommunications companies in the United States entered into a memorandum of understanding (MOU) with trade groups representing major corporate copyright owners. The MOU creates what the parties characterize as a common framework of 'best practices' to effectively alert subscribers, protect copyrighted content and promote access to legal online content.This Article is an assessment of the MOU's Copyright Alert System (CAS) with respect to five norms that are central to consumer protection in the enterprise of online copyright enforcement: freedom of expression, privacy, fairness, proportionality, and transparency. Part I provides an introduction to graduated response, which is the genus of online copyright enforcement to which CAS belongs. Part II takes a comparative look at two pre-existing graduated response systems: the government mandated and administered program in France, Hadopi, and a privately administered program in Ireland run by the broadband provider Eircom. Part III provides a detailed overview of CAS, including the structure by which it is governed, the division of labor it prescribes between copyright owners and broadband providers, the progression of warnings and sanctions it implements, and the appeals process it makes available for affected broadband subscribers. Part IV evaluates the strengths and weaknesses of CAS with respect to each of the five norms listed above, using the systems in France and Ireland as reference points.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

National Petrochemical Co. of Iran v. the M/T Stolt Sheaf

1989 ◽  
Vol 83 (2) ◽  
pp. 368-371
Author(s):  
Jerome M. Marcus
Keyword(s):  
United States ◽  
New York ◽  
United Arab Emirates ◽  
The United States ◽  
Executive Branch ◽  
District Court ◽  
Court Of Appeals ◽  
Southern District ◽  
The Government ◽  
The U.S

In an action brought in the U.S. District Court for the Southern District of New York, plaintiff, the National Petrochemical Co. of Iran (NPC), sought damages against Monnris Enterprises of Dubai, the United Arab Emirates, Rotexchemie Brunst & Co. of Hamburg (Rotex), and Rotex’s Geneva affiliate, Formula S.A., for breach of an agreement to sell chemicals to NPC. Asserting that NPC is a subsidiary of the National Iranian Oil Co., which is in turn owned wholly by the Government of Iran, defendants moved to dismiss on the ground that the United States does not recognize the Khomeini Government of Iran and, hence, that neither Iran nor its instrumentality NPC has standing to sue in U.S. courts. The district court granted the motion, NPC appealed and the U.S. Court of Appeals for the Second Circuit held: (1) that a foreign state may have standing to sue in U.S. courts even if the United States does not recognize its government or have diplomatic relations with it; (2) that an unrecognized government will have standing to sue if the U.S. executive branch has evinced a willingness to permit the plaintiff to litigate its claims in U.S. courts; and (3) that the level of intercourse between the United States and Iran, and a Statement of Interest filed in this case by the United States as amicuš curiae, show that the executive branch is willing to permit NPC to litigate its claims in U.S. courts.

Seasonal Activity of Haemaphysalis longicornis (Acari: Ixodidae) in Southern New York State

2020 ◽  
Author(s):  
Nicholas P Piedmonte ◽  
Vanessa C Vinci ◽  
Thomas J Daniels ◽  
Bryon P Backenson ◽  
Richard C Falco
Keyword(s):  
United States ◽  
New York ◽  
Activity Patterns ◽  
New York State ◽  
The United States ◽  
Haemaphysalis Longicornis ◽  
Seasonal Activity ◽  
Eastern Asia ◽  
Short Life ◽  
Human Bite

Abstract The Asian longhorned tick, Haemaphysalis longicornis Neumann, is a species native to eastern Asia that has recently been discovered in the United States. In its native range, H. longicornis transmits pathogens that cause disease in humans and livestock. It is currently unknown whether H. longicornis will act as a vector in the United States. Understanding its seasonal activity patterns will be important in identifying which times of the year represent greatest potential risk to humans and livestock should this species become a threat to animal or public health. A study site was established in Yonkers, NY near the residence associated with the first reported human bite from H. longicornis in the United States. Ticks were collected once each week from July 2018 to November 2019. Haemaphysalis longicornis larvae were most active from August to November, nymphs from April to July, and adult females from June to September. This pattern of activity suggests that H. longicornis is capable of completing a generation within a single year and matches the patterns observed in its other ranges in the northern hemisphere. The data presented here contribute to a growing database for H. longicornis phenology in the northeastern United States. Potential implications of the short life cycle for the tick’s vectorial capacity are discussed.

scholarly journals "Hurricane" Sandy

2018 ◽  
Vol 5 (2) ◽  
pp. 157-192
Author(s):  
Cheryl L. Pollak
Keyword(s):  
United States ◽  
New York ◽  
Local Governments ◽  
The United States ◽  
Hurricane Sandy ◽  
Small Business Administration ◽  
Mitigation Measures ◽  
District Court ◽  
Flood Insurance ◽  
Recent Experience

On the evening of October 29, 2012, “Hurricane” Sandy made land- fall on the New York coastline, battering the land with strong winds, torrential rain, and record-breaking storm surges. Homes and commercial structures were destroyed; roads and tunnels were flooded; and more than 23,000 people sought refuge in temporary shelters, with many others facing weeks without power and electricity. At the time, Sandy was heralded as one of the costliest hurricanes in the his- tory of the United States; the second costliest hurricane only to Katrina, which hit New Orleans in 2005. Unfortunately, recent experience with Hurricanes Florence, Maria, Harvey, and Irma suggest that this pattern of devastating superstorms may become the new norm as climate change produces more extreme and unpredictable weather events. In Sandy’s aftermath, as individuals returned to their homes, or what remained of them, and communities began to rebuild, the true cost of the storm became apparent. A year after the storm, the Federal Emergency Management Agency (“FEMA”) estimated that over $1.4 billion in assistance was provided to 182,000 survivors of the dis- aster; another $3.2 billion was provided to state and local governments for debris removal, infrastructure repair, and emergency protective measures. More than $2.4 billion was provided to individuals and businesses in the form of low-interest loans through the Small Business Administration (“SBA”), and millions more were spent on grants de- signed to implement mitigation measures in the future and to provide unemployment assistance to survivors. Before the storm, homeowners paid premiums for flood insurance provided through the National Flood Insurance Program (“NFIP”), and for homeowner’s insurance provided by dozens of private insurers. In the months following the storm, they began to file claims for assistance in rebuilding their homes. While many such claims were re- solved successfully, many homeowners were unhappy with the settlement amounts offered by their insurance carriers and felt compelled to file lawsuits in the surrounding state and federal courts. Many of those lawsuits were filed in the United States District Court for the Eastern District of New York (“EDNY”). This case study describes the EDNY’s specifically crafted, unique approach to handling the mass litigation that ensued from Sandy’s devastation, documents some of the problems that the Court faced during that mass litigation, and describes some of the lessons learned from the Court’s experience.

The All-Powerful NIMBY

2000 ◽  
Author(s):  
Hans Tammemagi
Keyword(s):  
United States ◽  
New York ◽  
Waste Management ◽  
New York State ◽  
The United States ◽  
Modern Technology ◽  
Strong Trend ◽  
The People ◽  
Transfer Stations ◽  
Almost All

Our society has reached a frustrating impasse: everyone wants consumer goods, but nobody wants the associated waste. In all levels of society from the grass-roots to the highest level of politics, enormous public opposition has developed to siting landfills, incinerators, or transfer stations. With complex judicial and political systems that promote empowerment of the people, it has become common for opposition groups to delay or halt altogether the introduction of new waste management facilities. The NIMBY—Not In My Back Yard—syndrome has become a powerful force. This chapter explores the process by which the sites for landfills and related waste facilities are selected. This fascinating topic goes far beyond technical issues: it provides insight into human behavior and the ways political decisions are made. An understanding of the NIMBY phenomenon is essential for anyone who wishes to pursue a career in waste management. In some regions there is already a crisis. In New Jersey, for example, the number of landfills has dropped from more than 300 to about a dozen in the past two decades. As a result, more than half of New Jersey’s municipal solid waste must be exported to other states. In New York state, 298 landfills were closed and only 6 new ones opened in the decade since 1982. The same story is unfolding in almost all jurisdictions in North America; the number of landfills in the United States dwindled from 20,000 in 1979 to about 5,300 in 1993 (Miller, 1997). There is a very strong trend toward fewer—but much bigger—landfills. In the United States it is estimated that 8% of the existing landfills handle 75% of the country’s garbage. As the number of landfills decreases, their heights grow, casting dark shadows across the land. There is no doubt that new landfills are safer than old ones: they are generally better sited and incorporate better engineering and modern technology such as liners, covers, and leachate and gas extraction systems. However, people still do not want them next door. Thus, the few new landfills that are being developed are getting larger and larger; the megadump is the trend of the future.

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