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Full-Text Articles in Law
The Evolution Of Law And Policy For Cia Targeted Killing, Afsheen John Radsan
The Evolution Of Law And Policy For Cia Targeted Killing, Afsheen John Radsan
Faculty Scholarship
Many critiques of the Central Intelligence Agency’s alleged use of killer drones depend on law that does not bind the United States or on contestable applications of uncertain facts to vague law. While acknowledging a blurry line between law and policy, we continue to develop a due process for targeted killing. In the real world, intelligence is sometimes faulty, mistakes occur, and peaceful civilians are at risk. International humanitarian law, which applies during armed conflicts, demands very little in the way of process beyond the admonition to take feasible precautions. Even so, the intelligence-driven nature of targeted killing, and the …
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer
Faculty Scholarship
The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …
The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy
The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy
Faculty Scholarship
How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
Faculty Scholarship
Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.
The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling
The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling
Faculty Scholarship
The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …