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Full-Text Articles in Law

Why Is International Law Binding?, Anthony D'Amato Jan 2008

Why Is International Law Binding?, Anthony D'Amato

Faculty Working Papers

Many writers believe that international law is precatory but not "binding" in the way domestic law is binding. Since international law derives from the practice of states, how is it that what states do becomes what they must do? How do we get bindingness or normativity out of empirical fact? We have to avoid the Humean fallacy of attempting to derive an ought from an is. Yet we can find in nature at least one norm that is compelling: the norm of survival. This norm is hardwired into our brains through evolution. It is also hardwired into the international legal …


International Law Issues In Death Penalty Defense, Richard J. Wilson Jan 2003

International Law Issues In Death Penalty Defense, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Appointment Controversies And The Supreme Court, Stephen Wermiel Jan 1990

Appointment Controversies And The Supreme Court, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


State Law Of Patent Exploitation, Edward H. Cooper Jan 1972

State Law Of Patent Exploitation, Edward H. Cooper

Articles

The main purpose of the present inquiry is to determine whether second thoughts support or undermine the instinctive supposition that the doctrines surrounding cooperative use of patents should be federal. The original creator of a patented invention is seldom in a position to exploit its commercial potential alone; even if the invention is created by the employee of a vast enterprise, it is almost inevitable that the patent will be assigned to his employer. Patent licensing plays a vitally important role in the development of many inventions. The contract doctrines surrounding such transactions, and various other consensual undertakings relating to …