Abstract The paper briefly reviews the The codification process in Canadian legal history as it pertains to nineteenth century Lower Canada. Among other things, this paper explores the conflation of socio-cultural and socio-political factors and how they lead to the laws that shape our society. Beyond that, this paper also seeks to define the term "code" and offers an interpretation as to what a "true" legal code really is.
From the Paper "The codification process in Canadian legal history has been a complex, occasionally convoluted, but always interesting one. Because of the scope of the topic, this paper will focus primarily upon the codification process in nineteenth century Lower Canada as it pertains to the Lower Canadian Civil Code. In addition to limiting the scope of the inquiry, a further reason for emphasizing the French-Canadian experience in this manner is because it is an excellent example of how socio-political and socio-cultural factors conflate to produce the laws by which we live. Moreover, the treatment of the 1866 Codification of Upper Canadian Civil Law by John E.C. Brierley and Brian Young provides an excellent example of how didactic "good" legal history can be. Among other things, this paper will define what a "code" is as well as suggesting what a "true" code might be."
This paper relates the history and function of the Illinois Association of Park Districts (IAPD) and other agencies relating to parks, recreation, and wildlife conservation.
Abstract This paper relates that the Illinois Association of Park Districts (IAPD)
was founded as the Illinois Association of Conservation and Park Districts 75 years ago to establish and protection parks and to conserve wildlife. The author points out that the historic "Park Law Codification Bill", signed in 1951, combines all the various laws pertaining to the issues of park conservatism into one single section of the state law. The paper relates that, today, each of the more than 40 park districts, forests, and conservation parks in the state of Illinois has a police force to patrol, routinely enforcing laws regarding recreation, hunting, and boating, and especially the use of drugs and alcohol.
From the Paper "The DNR or the Illinois Department of Natural Resources states that its mission is to protect and manage and to conserve the various natural resources that the state of Illinois can very proudly boast of, and to provide those recreational opportunities to interested people that would not harm or spoil these natural resources in any manner. The Educational Department of the DNR was launched in the year 1995, with the primary aim of the development of educational methods and of the training methods involved in the conservation of natural resources of Illinois. It also was to provide hands on training for those persons wanting to indulge in the various outdoor activities that Illinois offers, such as snowmobiling, boating and hunting methods."
From the Paper "Scholars conventionally treat the development of Roman law as having undergone three major phases: the Republic, the Principate, and the Dominate. The Republic (510 B.C.) represented the birth of codification and legal thought, and a period of limited direct participation by the people in the lawmaking process. Under the Principate (27 B.C.), the participation of the people was all but eliminated, in favor of the emperor's control over most of the state machinery. While the Principate emperors? absolutism was disguised behind a facade of Republicanism, the Dominate period (284 A.D.) saw no attempts to hide the fact of imperial totalitarianism.
The early Roman Republic was characterized by the ?Struggle of the Orders,? an ongoing cleavage between patricians and plebeians. Patricians enjoyed numerous advantages over plebeians.."
Abstract This overview focuses on the ILC's mission, historical origins, composition and membership, functions, standards and accomplishments. It shows how during its first decade and a half, the ILC made significant contributions to the codification of existing international law and to its progressive development. It examines ways in which the ILC was successful in its early days and studies various criticism of its functions.
From the Paper "Article 13, para. 1a. of the UN Charter provides: "The General Assembly shall initiate studies and make recommendations for the purpose of . . . promoting international cooperation in the political field and encourage the progressive development of international law and its codification." ILC was created by GA Resolution 174 (II) on November 21, 1947. Its first members were selected on November 3, 1948 and it held its first working session on April 12, 1949. Its mission, as described in Article 15 of the Statute of the International Law Commission was: (1) "the more precise formalization and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine;" and (2) "the progressive development of new international law," which Article 15 defined as "the preparation of draft convention on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States." "
Abstract This paper examines how one of the first systems of institutionalizing and creating a more humane and formal structure for the pugilistic art of boxing was achieved by the codification of the boxing rules and regulations of the Marquis of Queensbury, who was the father of "Boise", or Lord Alfred Douglas, the male lover of Oscar Wilde. It analyzes how this strange paring in history of a famous coupling of homosexuality and an advocate of masculinity in its raw form of Victorian sport embodies the contradiction in the cult of Victorian masculinity.
From the Paper "In this cult, erotic, athletic, and sexual encounters between men were virtually institutionalized in the British university and public school system, idealized in the era's imperial worship of Greek and Roman classicism and culture, yet also outlawed according to the strictures of governance according to the nation. Bare-fisted boxing, continued even after the Queensbury rules were passed, as is evident in popular illustrations of the period. The popularity of bare-fisted boxing in art and in print also shows how long the supposedly illegal art of bare-fisted boxing continued in the open. This bare-fisted sport was often practiced by working men at taverns, and became a kind of proving-ground of masculinity, away from the more regulated and elite forms of boxing according to the rules."
Abstract This paper explains that Napoleon firmly believed that Frenchmen needed equality more than liberty; he saw the codification of the laws as a means of giving stability to both the French economy and society. The author states that the Code Napoleon is written in clear and concise language and seeks to strike a balance between Roman and customary law by blending the egalitarian principles of the Revolution in regards to individual rights with the conservative views of Roman law regarding property rights. The paper relates that the Declaration de Saint-Owen guaranteed the retention of Napoleon's Code as the law of France; however, (1) of the countries of the Empire, only the Belgian provinces and the Rhineland retained the civil code completely intact, (2) Holland, Italy and Portugal modeled their national codes upon it and (3) Spain, several South American countries, the State of Louisiana and French Canada would all later adopt large portions of the Napoleonic Code into their own codes.
From the Paper "Prior to the French Revolution, French law was divided chiefly between two systems: Roman law (which had changed little since the Justinian Code (533 AD)) was paramount in the southern two-fifths of France; and Teutonic Customary law in the northern provinces with the dividing line running generally along the river Loire. Some attributes of customary law existed in the south, and traces of Roman law could be found in the Northern provinces. In the north there were over sixty regional variations of the customary law in existence; in addition to the over three hundred local variations which combined the regional law with the unique local customs of the region. "Voltaire was not exaggerating when he said that in France the traveler changed laws as often as he changed horses.""
Abstract This paper is an essay using examples of modern technology to argue in favor of function following form, even though there can be cases when form and function are one.
From the Paper "The debate about form and function is an ongoing one. Some argue that form follows function; others like architect Frank Lloyd Wright, believed that form and function are one. However, in contemporary society, there is ample evidence that function follows form, for without an understanding of form, we cannot derive function. Even so, there are some cases when form and function are one. Body In Leach's 'Rethinking Architecture' (Umberto Eco) provides an example of form and function via a story about an elevator."
An exploration of the theory of trademark dilution, focusing primarily on the impact it has had on plain vanilla trademark law, as well as on potential dilutors.
Abstract This paper reviews trademark law in general, the development of trademark dilution and its codification within the US Federal code via the FTDA. The focus of this paper lies on the ramifications of the FTDA on trademark law itself, as well as on the economic ramifications such protection may have on potential dilutors in the future.
Contents:
The Situation
Trademarks: A Brief Explanation
Trademark Dilution: A Theory, Potentially Wrongfully, Codified in State and Federal Statute
The FTDA: Application Leads to Trouble Waters
Victoria's Secret offers Little Resolution
The Aftermath of the Federal Trademark Dilution Act and Victoria's Secret
Conclusion
From the Paper "Developed in the 1920's by Frank I. Schechter, the theory of trademark dilution posits that certain trademarks have such a high value that their use in areas of commerce unrelated to those in which the protected mark is currently being used or might reasonably be used in the future, could serve to "blur" or "tarnish" the identifying capability of the protected mark. Dilution Laws, in turn, first began to appear in various states shortly after Schechter's theory was published.
Yet, the codification of trademark dilution, as specified by Schechter, into statute form may well be the foundation for the deluge of inconsistencies which have come to be associated with the doctrine, and, more specifically, the Federal Trademark Dilution Act."
