3.1 Lincoln University Law School

Despite his sudden disappearance, Lloyd Gaines’ impact had a resounding effect in many ways. The successful bridging of the gap from segregation to integration in the United States educational system was initiated because Gaines sought to be treated equally and fairly by the established powers. Much of the credit goes to the NAACP legal team, especially Charles Hamilton Houston’s dedication and expertise. However, without the initial action of Lloyd Gaines applying to the University of Missouri, there would have been no case. Additionally, the Lincoln University School of Law was founded due to the results of the Gaines case. Although it was only in operation for 16 years, it provided opportunities for those who had been denied previously.

Surface antigen cross-linking triggers forced exit of a protozoan parasite from its host.

We used the common fish pathogen Ichthyophthirius multifiliis as a model for studying interactions between parasitic ciliates and their vertebrate hosts. Although highly pathogenic, Ichthyophthirius can elicit a strong protective immune response in fish after exposure to controlled infections. To investigate the mechanisms underlying host resistance, a series of passive immunization experiments were carried out using mouse monoclonal antibodies against a class of surface membrane proteins, known as immobilization antigens (or i-antigens), thought to play a role in the protective response. Such antibodies bind to cilia and immobilize I. multifiliis in vitro. Surprisingly, we found that passive antibody transfer in vivo caused rapid exit of parasites from the host. The effect was highly specific for a given I. multifiliis serotype. F(ab)2 subfragments had the same effect as intact antibody, whereas monovalent Fab fragments failed to protect. The activity of Fab could, nevertheless, be restored after subsequent i.p. injection of bivalent goat anti-mouse IgG. Parasites that exit the host had detectable antibody on their surface and appeared viable in all respects. These findings represent a novel instance among protists in which protective immunity (and evasion of the host response) result from an effect of antibody on parasite behavior.

An abundantly expressed mucin-like protein from Toxocara canis infective larvae: the precursor of the larval surface coat glycoproteins.

Evasion of host immunity by Toxocara canis infective larvae is mediated by the nematode surface coat, which is shed in response to binding by host antibody molecules or effector cells. The major constituent of the coat is the TES-120 glycoprotein series. We have isolated a 730-bp cDNA from the gene encoding the apoprotein precursor of TES-120. The mRNA is absent from T. canis adults but hyperabundant in larvae, making up approximately 10% of total mRNA, and is trans-spliced with the nematode 5' leader sequence SL1. It encodes a 15.8-kDa protein (after signal peptide removal) containing a typical mucin domain: 86 amino acid residues, 72.1% of which are Ser or Thr, organized into an array of heptameric repeats, interspersed with proline residues. At the C-terminal end of the putative protein are two 36-amino acid repeats containing six Cys residues, in a motif that can also be identified in several genes in Caenorhabditis elegans. Although TES-120 displays size and charge heterogeneity, there is a single copy gene and a homogeneous size of mRNA. The association of overexpression of some membrane-associated mucins with immunosuppression and tumor metastasis suggests a possible model for the role of the surface coat in immune evasion by parasitic nematodes.

Justice of the peace docket books, 1769-1808

A collection of notebooks in which Hubbard recorded both legal and personal transactions in detail, including: writs, arrests, wills, boundary disputes, damages awarded in court cases over which he presided, various payments and expenses, etc. Also included are three notebooks kept by his nephew James Hubbard, who inherited Joshua Hubbard's farm; these primarily record the sale of cider and vinegar from his farm, costs of hired labor, and bank loans.

Justice of the peace day book, 1797-1816

Contains records of summons and judgements in various court cases, and fines paid.

A book of miscellanies, 1770

A legal commonplace book by kept by Henry Wells of Worcester, Mass. Focuses on such topics as libel of a man to his wife, common recovery in writs and deeds, pleadings, trover, damages and costs, imprisonment, leases, mortgages, covenants, and ejectment. Also contains a number of miscellaneous entries touching on abridgements of law texts, minutes of court proceedings, kings of England, and biblical quotes. Five-page index located at the end of the work.

Record of cases before the magistrate of Agawan, Springfield, Massachusetts, 1638-1702

Contains a record of cases before magistrate William Pynchon from 1639 to 1650. Notes are continued by his son, John, from 1652 to 1701. Included also are a record of marriages (1665-1702), a list of freemen, and a record of freemen meetings (1660-1696).

Records of cases before the Mayor's Court of Albany, 1786-1796

Contains a summary of cases before the court beginning with the litigants and the damages sought, the legal action, names of counsel, actions taken, and the final disposition of the case. Most actions taken relate to debt, assault and battery, and slander and libel. At the back of the manuscript are "an account of law books by me purchased in the year 1784 & 1785" [p. 120], and"a list miscellanious books bought in the year 1784 & 1785" [p. 132].

Notes of cases before colonial New Jersey courts, 1735-1755

Contains notes of cases before several New Jersey courts especially the New Jersey Supreme Court. Possibly compiled by Coxe.

Papers of George Godfrey, 1739-1792

The bulk of this collection consists of brief records of civil actions heard by George Godfrey as a justice of the peace for Bristol County, Massachusetts. With only a few interruptions, these records run from February 1754 through the early 1780s. The other documents include several small volumes and loose pages of household accounts, as well as a handful of pages of court records and marriages heard by George Godfrey and his father, John Godfrey.

Justice of the Peace record book, Windham, Vermont, 1799-1807

Contains records of summons and judgements in various kinds of court cases, fees and fines paid, and index of names.

Collection of Mary Gardner Marshall, 1795-1957 (inclusive)

Collection consists mainly of correspondence among family members and includes courtship correspondence of J. Doddridge to Julia, 1868-1875, and of Elsa and her future husband, Courtenay Hemenway, 1908-1912. Also included are photographs, genealogical material, a diary, commonplace and wedding books.

Copyright in the EU Digital Single Market. Report of the CEPS Digital Forum. June 2013

The scope and enforcement of copyright in the digital environment have been among the most complex and controversial subjects tackled by lawmakers all over the world for the last decade. Due to the ubiquitous use of digital technology, modern regulation of copyright inherently touches on numerous areas of law and social and economic policy, including communications privacy and Internet governance. Modernising the EU’s copyright framework is considered a key step towards achieving the goal of an EU Digital Single Market in the context of the ‘Digital Agenda for Europe’, an initiative launched by the European Commission in May 2010. How can the EU make copyright fit for purpose in the Internet age? What are the most suitable and realistic policy options to achieve the objective of a Digital Single Market in the creative content sectors? To give comprehensive answers to these questions, the CEPS Digital Forum formed a Task Force on Copyright in the EU Digital Single Market to foster a multi-stakeholder dialogue on the major challenges for copyright law in the online content sector today. Drawing on the discussions and input gathered by the Task Force, this report contains the conclusions and policy recommendations organised around three main themes: licensing rules and practices in the online music and film sectors, the definition and implementation of copyright exceptions in the digital environment and the present and future of online copyright enforcement in Europe.

The Italian Merck Case. Research Papers in Law, 1/2007

From the Introduction. Regulation 1768/921 created supplementary protection certificates (hereinafter, ‘SPCs’) for medicinal products (hereinafter, “pharmaceuticals”) protected by patents. SPCs afford the same exclusive rights as those conferred by patents once these expire and may be granted for a maximum of five years.2 Italy enacted similar legislation in 1991, the most salient difference between both texts being that, pursuant to Law No. 349/91,3 holders of Italian patents for pharmaceuticals could be granted supplementary protection for a maximum period of 18 years after the expiration of the patent. Following the enactment of Regulation 1768/92, SPCs granted by the Italian authorities were brought in line with the period provided for in that text. However, pharmaceuticals for which supplementary protection was sought in the lapse between the adoption of Law No. 349/91 and Regulation 1768/92 (around 400 products) continued to enjoy the protection provided for in the former text.4 Several steps were taken by the Italian authorities to progressively reduce the length of protection granted to these products.

EU Law, International Law and Economic Sanctions against Terrorism: The Judiciary in Distress? Research Papers in Law, 3/2008

From the Introduction. This article seeks to examine the relationship between European Union law, international law, and the protection of fundamental rights in the light of recent case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) relating to economic sanctions against individuals. On 3 September 2008, the ECJ delivered its long-awaited judgment in Kadi and Al Barakaat on appeal from the CFI.3 In its judgment under appeal,4 the CFI had held that the European Community (EC) is competent to adopt regulations imposing economic sanctions against private organisations in pursuance of UN Security Council (UNSC) Resolutions seeking to combat terrorism; that although the EC is not bound directly by the UN Charter, it is bound pursuant to the EC Treaty to respect international law and give effect to UNSC; and that the CFI has jurisdiction to examine the compatibility of EC regulations implementing UNSC resolutions with fundamental rights not as protected by the EC but as protected by jus cogens. On appeal, following the Opinion of Maduro AG, the ECJ rejected the CFI’s approach. It held that UNSC resolutions are binding only in international law. It subjected the contested regulations to full review under EC human rights standards and found them in breach of the right to a hearing, the right to judicial protection and the right to property. Kadi and Al Barakaat is the most important judgment ever delivered by the ECJ on the relationship between EC and international law and one of its most important judgments on fundamental rights. It is imbued by constitutional confidence, commitment to the rule of law but also some scepticism towards international law. In the meantime, the CFI has delivered a number of other judgments on anti-terrorist sanctions assessing the limits of the “emergency constitution” at European level. The purpose of this paper is to examine the above case law and explore the dilemmas and tensions facing the EU judiciary in seeking to define and protect the EU’s distinct constitutional space. It is divided as follows. It first looks at the judgment in Kadi. After a short presentation of the factual and legal background, it explores the question whether the EU has competence to adopt smart sanctions. It then examines whether the EU is bound by resolutions of the Security Council, whether the ECJ has jurisdiction to review Community measures implementing such resolutions and the applicable standard of judicial scrutiny. It analyses the contrasting views of the CFI, the Advocate General, and the ECJ taking account also of the case law of the European Court of Human Rights (ECtHR). Further, it explores the consequences of annulling the contested regulation. It then turns to discussing CFI case law in relation to sanctions lists drawn up not by the UN Security Council but by the EC. The paper concludes by welcoming the judgment of the ECJ. Whilst its reasoning on the issue of Community competence is questionable, once such competence is established, it is difficult to support the abrogation of Community standards for the protection of fundamental rights. Such standards should ensure procedural due process whilst recognising the importance of public security.