Digital Commons Network^™

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston Nagan

Winston P Nagan

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …

Elite Institutionalism And Judicial Assertiveness In The Supreme Court Of India, Manoj Mate

Manoj S. Mate

Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán

César F. Rosado Marzán

Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has kept in line with such conservatism, perhaps with sharpened audacity, deciding a number of key work law cases in the favor of employers. Moreover, the current seemingly pro-employer judicial hue over recent work law cases comes at the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and an upsurge in labor precarity. Work law, which has always been under …

Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán

César F. Rosado Marzán

Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (“IFAs”) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed by multi-national firms and global labor unions. Global labor unions are labor organizations composed of national-level labor organizations. All IFAs must submit to the core labor standards of the International Labor Organization (“ILO”), to wit, freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms …

Reforming Surveillance Law: The Swiss Model., Susan Freiwald, Sylvain Méille

Susan Freiwald

As implemented over the past twenty-seven years, the Electronic Communications Privacy Act (“ECPA”), which regulates electronic surveillance by law enforcement agents, has become incomplete, confusing, and ineffective. In contrast, a new Swiss law, CrimPC, regulates law enforcement surveillance in a more comprehensive, uniform, and effective manner. This Article compares the two approaches and argues that recent proposals to reform ECPA in a piecemeal fashion will not suffice. Instead, Swiss CrimPC presents a model for more fundamental reform of U.S. law.

This Article is the first to analyze the Swiss law with international eyes and demonstrate its advantages over the U.S. …

Toward A Mature Doctrine Of Informed Consent: Lessons From A Comparative Law Analysis, John G. Culhane, King-Jean Wu, Oluyomi Faparusi, Eric J. Juray

John G. Culhane

This article undertakes a comparative, critical evaluation of the law of informed consent as it has developed in several nations (the U.S., Taiwan, Britain, and Canada) over the past several decades. It argues for extending the doctrine to cover all cases in which physicians and their patients discuss appropriate care (including prescription drugs), and presents a modified subjective approach to causation, based on the Canadian approach, as the model most consistent with the fundamental tenets of the doctrine.