Shubha Ghosh – The Implementation of Exhaustion Policies

Tower Center Fellow, Professor Shubha Ghosh published following study in the ICTSD Programme on Innovation, Technology and Intellectual Property, Issue Paper 40. Click here to download the paper.

The concept of “exhaustion”, is the point at which an IPRs holder’s control over the good or service ceases. It is the subject of increased attention by policymakers and courts in different countries, particularly those that are designing intellectual property laws.

ghoshThis paper examines the exhaustion doctrine from a comparative perspective by presenting different regional and national experiences (the United States, the European Union, Brazil, China and India). In this regard, the paper finds that exhaustion regimes differ depending on the type of IPR (copyright, patents and trademarks) as well as across jurisdictions and industries.

It concludes that if properly tailored to specific contexts, the exhaustion doctrine can contribute towards promoting innovation, social well-being and development, in conjunction with other relevant measures and policy instruments.

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James F. Hollifield – Immigration and the ‘Republican’ Model in France

This news story first appeared on May 22, 2013. For more information click here.

To what extent is the French republican model still viable in debates over immigration and integration in France today?  Viewed from the perspective of the last thirty years, which saw the rise of a powerful anti-immigrant political movement, the Front National, one might conclude that immigration in postwar France has been raging out of control.  Yet despite the remarkable showing of the Front National in recent presidential elections, France has remained a relatively open immigration country, a tradition which dates from the middle of the nineteenth century.  Annual levels of immigration have not fallen much below 100,000 since the early 1950s, the right to asylum has been respected by every postwar government, and France has maintained what is arguably the most liberal naturalization policy in Western Europe.  How can we explain this continuity in the midst of crisis?  I argue that the continuity in the principles and outcomes of French immigration policy is closely linked to the power of the republican model and to the limits of control that are a function of rights-based politics.

To listen to the audio recorded lecture, click here.

21917D_068_HollifieldJames F. Hollifield is Ora Nixon Arnold Professor of International Political Economy in the Department of Political Science and Director of the Tower Center for Political Studies at Southern Methodist University (SMU). He received his PhD in political science from Duke University in 1985. A member of the Council on Foreign Relations, he has worked as a consultant for a variety of governmental and intergovernmental organizations, and has published widely on international political and economic issues, including Immigrants, Markets, and States (Harvard UP, 1992), L’immigration et l’Etat Nation (L’Harmattan, 1997), Controlling Immigration (Stanford UP, 2nd Edition, 2004), Migration Theory: Talking Across Disciplines (Routledge, 2nd Edition, 2008), and International Political Economy: History, Theory and Policy (Cambridge UP, forthcoming) along with numerous other books and scientific articles. Hollifield has been the recipient of grants from private corporations and foundations as well as government agencies, including the German Marshall Fund of the United States, the Social Science Research Council, the Sloan Foundation, the Raytheon Company, and the National Science Foundation. His current research looks at the rapidly evolving relationship between trade, migration, and development with a special focus on human capital and how states use migration for strategic gains. He sits on several boards and is currently Chairman of the Owens Foundation and the Dallas County Historical Foundation, the governing body of the Sixth Floor Museum at Dealey Plaza.

 

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NSA Talks Privacy Concerns In Dallas

This news story first appeared on November 19, 2013. For more information click here.

By Lauren Silverman, KERA News; November 19, 2013

NSA Talks Privacy Concerns In Dallas

North Texans got to ask an official from the National Security Agency questions about privacy last night. In part, thanks to Edward Snowden. Since the former NSA contractor began leaking classified documents showing the agency’s vast reach, officials have been trying to make their case to the public. Tuesday night the director of compliance at NSA, John DeLong visited SMU.

This is John DeLong’s first visit to Texas on business – his grandparents are actually from Beaumont – and he received a warm welcome at SMU.

DeLong came to Dallas for a public conversation on the agency – and to defend the NSA. He says the negative headlines about a lack of controls and oversight are inaccurate –that the agency has been beefing up its self-surveillance over the past few years.

“We’ve actually quadrupled the number folks working in compliance,” he said, “to over 300 people. I don’t think people understand that. “This is serious oversight.”

Just this week, the NSA declassified hundreds of pages of documents, including a judge’s ruling that the government repeatedly exceeded its authority for collecting metadata from Americans’ emails.

That worries 28-year-old Ashley Carlisle. She came to ask the question on many Americans minds:

“What do you know about me?”

And while Carlisle didn’t find that out exactly, she says the conversation did shed some light on how the agency goes about obtaining a warrant to get more information on an individual.

“But I’d like to know more about it,” she says. “Hopefully they’ll have more debates like this.”

The NSA Goes Public

John Delong reassured the audience there will be more open conversations, and that the agency won’t just stand by until the controversy subsides.

“The confidence of the American people is very important to us,” he said. “We have lived in a world of secrecy. And we’re trying to get a lot more information out.”

DeLong points to a new website called IC On The Record, which features declassified surveillance documents, and says the agency is also working on an annual report to release to the public.

Finally, DeLong promised you’ll see more “NSAers” at open events like this one. The hope is that giving a human face to the agency will make it easier to trust.

- See more at: http://breakthroughs.kera.org/nsa-talks-privacy-concerns-in-dallas/#sthash.6Avs3yIN.dpuf

- Learn more at: http://blog.smu.edu/towercenter/events/intelligence/

 

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To Avoid Failure, You Must Recognize Success

This news story first appeared on May 8, 2013. For more information click here.

By Joshua Rovner, The Dallas Morning News; November 3, 2013

The Department of Defense is in for some serious belt-tightening.

It already lost $37 billion as a result of sequestration, and much deeper cuts are coming. The Budget Control Act of 2011, along with the end of war-related spending, may end up costing the Pentagon about a third of its budget. It will surely affect the thousands of Texans associated with the defense industry in Dallas-Fort Worth.

Defense officials hope for a political compromise that would help them avoid this fate, but the outlook is not promising, and both parties have shown that defense spending is no longer sacrosanct. Moreover, few lawmakers will take the political risk of cutting military pay and benefits, which account for most of the rise in defense spending, so shrinking budgets will mostly affect decisions about what to buy and how to use it.

For policymakers and military planners, strategy under budget austerity is the new normal.

How can leaders make strategic decisions under these conditions? Last week’s Tower Center Conference on National Security at Southern Methodist University put the question to a range of military officers and national security scholars.

One answer reflected traditional thinking about threat assessment. When faced with uncertainty, the best solution is to survey the world for new threats and focus on meeting them. This is a common-sense approach to dealing with a range of uncertain challenges. Done well, it can alert officials to new issues for which they are insufficiently prepared. But it can be taken too far: The constant search for new threats may cause officials to exaggerate the real danger to national security, turning small problems into large ones and making it difficult to set priorities.

To avoid these pitfalls, a different approach would look not to the uncertain future but to the known past. Instead of warily scanning for new threats, it would focus on evaluating the results of recent U.S. strategy. This would include a frank discussion of mistakes and missed opportunities, but also a recognition of U.S. victories. The ability to see success is not just a feel-good excuse for patriotic backslapping. If we are interested in making prudent decisions about future strategy and defense spending, it is essential to see what worked and why.

Unfortunately, the U.S. is not always able to see victory, even when evidence of success is clear and abundant. In the 1990s, for example, observers increasingly came to believe that while the U.S. had won the first Gulf War, it had lost the peace. They worried that Saddam Hussein would remain a threat as long as he was in power and that he would eventually crack the international coalition arrayed against him. This view was widely held in Washington, and by the end of the decade, regime change became stated U.S. policy.

But the U.S. was not losing the peace. In fact, it had already won it. It had demolished Iraq’s conventional forces in the war, and it was doing so much damage to Iraq’s economy that it would take decades to rebuild. U.S. forces and international inspectors eliminated Iraq’s arsenal of chemical and biological weapons and forced Saddam to mothball his nuclear program.

Most of all, they altered Saddam’s basic worldview. Before the war, he sought to be a regional hegemon and rejected any international criticism as an insult to Iraqi honor. After the war, he focused his attention inward, doing whatever he could to keep his domestic enemies at bay, while simultaneously allowing international weapons inspectors to run around the country. Saddam was still in charge, but Iraq was no longer a meaningful threat to the United States or anyone else.

The failure to realize the extent of its success was one major reason the U.S. invaded again in 2003. That war, and all the pain and frustration that followed, would not have been necessary had leaders recognized their earlier victory.

There have been other underappreciated success stories. Counterterrorism efforts against al-Qaeda, though controversial, have been extremely effective. After 9/11, the U.S. methodically dismantled the al-Qaeda that existed in the 1990s. That version of al-Qaeda was wealthy, well-organized and able to operate from a durable sanctuary in Afghanistan. Today, its leaders are mostly dead or in prison, its organization is shattered and its sanctuary is gone. While many terrorists still claim some association with al-Qaeda, none possess the capacity for spectacular violence that made the original version different. As a result, the U.S. can safely reduce its presence in Afghanistan and avoid another costly nation-building campaign.

No one wants to underestimate threats, and no politician wants to be blamed for letting his or her guard down if something terrible happens later. But leaders must be willing to recognize victory. The alternative — ignoring past triumphs and assuming persistent insecurity — will be a recipe for failure in an age of austerity.

Joshua Rovner is the John Goodwin Tower distinguished chair in international politics and national security at SMU.

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Kenneth Pollack | Unthinkable: Iran, the Bomb, and American Strategy

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Kenneth Pollack, Senior Fellow at Brookings Institution discussed his new book, Unthinkable: Iran, the Bomb, and American Strategy on October 7, 2013 at the SMU Tower Center.

“The Tower Center’s relevant and interesting roundtable discussion was perfectly timed. On the heels of Iranian President Rouhani’s visit to the UN General Assembly, we were able to hear from the author about U.S. policy towards Iran, as well as discuss several other policy puzzles in the Middle East.

I think we all left better informed and with an improved understanding of the region, which we can now share with our SMU students.”

- Diana Newton, Senior Fellow, Tower Center


pollackKenneth M. Pollack is an expert on Middle Eastern political-military affairs, with particular emphasis on Iraq, Iran, Saudi Arabia and the other nations of the Persian Gulf region. He is currently a senior fellow in the Saban Center for Middle East Policy at the Brookings Institution. He served as the director of the Saban Center from 2009 to 2012, and its director of research from 2002 to 2009. His most recent book isUnthinkable: Iran, the Bomb, and American Strategy. Pollack received his B.A. from Yale University and a Ph.D. in political science from the Massachusetts Institute of Technology. His dissertation was titled The Influence of Arab Culture on Arab Military Effectiveness, 1948-1991.

 

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Peña Nieto’s Debut: The First Days of the Mexican President

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Another successful program at the SMU Tower Center for Political Studies featuring two prominent Mexico scholars and intellectuals on September 12th, 2013 – former U.S. Ambassador to Mexico, the Honorable Antonio O. Garza, and Director of the Mexico Institute at the Woodrow Wilson Center for Scholars, Dr. Duncan Wood. The program was moderated by Tower Center Senior Fellow, Lee Cullum, noted international journalist, and offered a dynamic discussion about the current Mexican president, Enrique Peña Nieto, and his reforms.

The discussion focused on a couple of major topics: energy and fiscal reform, the Pacto por Mexico, and the return of the PRI to power. Both speakers were candid about the problems and opportunities facing México and left the audience hopeful that the country is moving in the right direction with a more open economy and a more transparent political process. The current President is spearheading efforts to improve sectors of the Mexican economy, such as energy, telecommunications, … that were lagging but rule of law and corruption continue to hamper reform efforts.

– Luisa del Rosal, Program Director, SMU Tower Center

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“What a first rate program!  I scrambled to find my note pad and record the information and anecdotes the speakers shared. (And what they were hesitant to share, Lee managed to extract!) Well done, Tower Center!” – Pia Orrenius, Senior Fellow, SMU Tower Center

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Student Fellow Presentation | Julien Teel: Territorial Disputes in the East China Sea

Julien Teel, senior SMU student and student fellow at the John G. Tower Center for Political Studies, gave a presentation on “Territorial Disputes in the East China Sea and Its Implications on the China-Japan-U.S. Triangular Relationship” at the Tower Center boardroom on September 17, 2013.  More than 20 students, faculty, and Tower Center members attended and had a lively discussion.

teel presentationTerritorial disputes in the East China Sea are complex, involving many different interests and issues—which made it the perfect subject for Julien to study considering his deep interest in national security, and maritime security in particular.  In addition to building on his studies at SMU these past years, his internship at the Woodrow Wilson Center in Washington, D.C. this past summer also allowed him to work with scholars from Japan who are experts on security and foreign policy in Asia and to attend events at various research organizations in the national capital.  Having just 30 minutes to talk about a highly complex issue and to an audience beyond his peers in a typical classroom setting made him a little nervous at first.

teel presentation2Feedback from the audience indicates he did a fantastic job.  Julien said he learned a lot from this experience: from thinking critically about how to present information and analysis to gaining confidence in public speak and skills in interacting with audiences.  He urges other students to seize opportunities to present their research to broader audiences, and hope the Tower Center and other forums will give students more opportunities to showcase their research.

 

– Anny Wong, Tower Center Fellow

* This activity benefitted from the U.S. Institute of Peace’s Public Education for Peacebuilding Support Initiative.


Teel, JulienJulien Teel is a senior majoring in Political Science and International Studies, while also minoring in Chinese and Asian Studies. His research encompasses security and defense issues in East Asia, as well as analyzing the trilateral relationship between the U.S., Japan, and China. Currently, Julien is in the process of applying for Officer Candidate School in the Navy with the intention of entering as an Intelligence Officer. He eventually hopes to become a Foreign Area Officer in the Navy, formulating and promoting American foreign policy in the Asia-Pacific region.

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Tower Center Student Fellow: Hughes Trigg outreach

teel2Julien Teel, senior SMU student and student fellow at the John G. Tower Center for Political Studies, planned, built, and conducted an education outreach at the Hughes Trigg Student Center on September 16, 2013.  Between 11.00am and 1.00pm, Julien, along with junior student Julianna Bond, presented information on territorial disputes in the East and South China Seas, answered questions, and encouraged students to learn more about rising tensions in these two regions and implications for U.S. national security.  About 30 students stopped by and half engaged in in-depth discussions with Julien and Julianna.

teel3In a chat with Julien after the event, he said he found that most students were surprised to hear that there are decades-old conflicts in the region.  Most were keen to learn more and remarked they wish the media would do more to educate the public on complex issues like these and not only report when crisis or violence occurs.  Asked what he values most from this experience, Julien said it was eye-opening to see that fellow students are keen to learn more about world affairs and he believes such education outreach is important to raise awareness among young people and prepare them for their careers.

– Anny Wong, Tower Center Fellow

* This activity benefitted from the U.S. Institute of Peace’s Public Education for Peacebuilding Support Initiative.


Teel, JulienJulien Teel is a senior majoring in Political Science and International Studies, while also minoring in Chinese and Asian Studies. His research encompasses security and defense issues in East Asia, as well as analyzing the trilateral relationship between the U.S., Japan, and China. Currently, Julien is in the process of applying for Officer Candidate School in the Navy with the intention of entering as an Intelligence Officer. He eventually hopes to become a Foreign Area Officer in the Navy, formulating and promoting American foreign policy in the Asia-Pacific region.

 

 

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Tower Center Received Support from the United States Institute of Peace (USIP)

The Tower Center has been selected to receive support from the United States Institute of Peace (USIP) Public Education for Peacebuilding Support initiative to examine rising tensions over disputed territories in the South China Sea and the importance of peaceful, non-violent solutions to U.S. interests in the Asia-Pacific region. Public Education for Peacebuilding Support is a new initiative of USIP, administered by the Institute of International Education (IIE), which seeks to support American colleges, universities and public libraries in advancing public education on international peace and conflict resolution.

The funding provided by USIP will enable the Tower Center to hold an expert roundtable (click here to register), a film show with commentary (click here to register), and student-driven research and presentations (click here to register) to expand understanding of how regional conflicts in Asia are intimately tied to U.S. national security, diplomatic, and economic interests in the region.

USIP is the government’s only national security and foreign affairs institution created by the U.S. Congress to professionalize the field of international conflict management and peacebuilding, implement conflict management operations abroad, and generate new tools for conflict management and prevention. As part of its congressional mandate, USIP makes awards to organizations that will advance its mission of supporting national security by funding alternatives to violence around the world.

The Tower Center appreciates the federal support provided by USIP for its important work.

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The John G. Tower Center Faculty Fellowships

The John G. Tower Center for Political Studies offers faculty fellowships to support and enhance research and undergraduate instruction and to provide seed monies to conduct preliminary research that may lead to outside funding. The award limit is $2500.

These fellowships are open to members of the SMU faculty whose work broadly bears on international and comparative politics, political economy and institutions. The project should be described in a 3 to 5 page proposal outlining the goals of the research to be undertaken, the methodology to be used, a time schedule to be followed, and a detailed budget.

Tower Center Faculty fellowship funds are generally not awarded for domestic or international conference travel as such funds are available elsewhere in the University.  The funds cannot be used to purchase computer hardware or supplement salary.

The application should include a current CV and a list of other agencies or institutions to which the applicant has applied or from which the applicant is receiving funding.

The proposal should include plans for disseminating the results of the research (including the results of previous fellowships if prior grants have been awarded) or for offering the course or curriculum to be developed. This is essential for applications made less than three years since receiving a prior grant.

The award recipient will be asked to present the results of the research in a Tower Center seminar.

The deadline for application is October 20, 2013

This Fellowship will be awarded after a competitive review of the proposals by the Fellowship Committee of the Tower Center, chaired by the director and to include two members of the Faculty Board.

Fellows are asked to cite the Tower Center for Political Studies at SMU in any publications resulting from work done during the grant and to provide the Tower Center with copies of the work.

Please submit application and direct inquiries to Ray Rafidi, Associate Director of the Tower Center, 233 Carr Collins Hall.

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