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Articles 1 - 21 of 21
Full-Text Articles in Law
Infringement, Unbound, Sarah R. Wasserman Rajec
Infringement, Unbound, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg
Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg
William & Mary Environmental Law and Policy Review
No abstract provided.
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Faculty Publications
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization ("WTO ") contemplates that violations of one of its covered agreements may be remedied through "cross-retaliation, " or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent …
Boosting The Private Space Industry: Extending Nasa’S Duty-Free Import Exemption To Commercial Space Companies, Katherine Gustafson
Boosting The Private Space Industry: Extending Nasa’S Duty-Free Import Exemption To Commercial Space Companies, Katherine Gustafson
William & Mary Business Law Review
The United States has a strong reputation for being at the forefront of space exploration. The commercial space industry in the United States is flourishing, yet the United States government is not effectively using its resources to help the industry. Currently, the United States government has some policies in place that promote the private space sector. Nonetheless, the government favors its own failing agency, NASA, by giving it extra benefits in the form of exemptions from import duties. Extending an exemption from import duties to the commercial space industry, however, would have several beneficial effects on the United States that …
The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent
The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent
William & Mary Environmental Law and Policy Review
This Article begins by looking at how China has moved forward in embracing green technology development, the government’s role in that growth and whether its support is truly harmful on a global scale. It highlights key laws in the United States and the WTO involving trade—specifically subsidies, countervailing duties and anti-dumping regulations. An examination of recent trade cases involving the United States and China is followed by an analysis of America’s recent trade-oriented actions and legislation. Lastly, this Article will consider the legal implications of recent trade developments between these countries as well as policy implications, including the effect on …
Taming The Fcpa Overreach Through An Adequate Procedures Defense, Dieter Juedes
Taming The Fcpa Overreach Through An Adequate Procedures Defense, Dieter Juedes
William & Mary Business Law Review
Currently many American corporations must pursue and develop international business relationships. For these American firms, the Foreign Corrupt Practices Act (FCPA) is the most important U.S. law governing international commerce. The FCPA prohibits firms from bribing foreign officials for the purpose of obtaining or retaining business in a foreign country. Despite its infrequent use during the last quarter of the twentieth century, Department of Justice (DOJ) and Securities and Exchange Commission (SEC) enforcement actions under the statute have exploded in the last few years. Due to this increase in enforcement and the difficulties in complying with the FCPA, the anti-bribery …
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
Foreword, Judith M. Barzilay
Gently Modified Operations: How Environmental Concerns Addressed Through Customs Procedures Can Successfully Resolve The Us-Eu Gmo Dispute, David E. Sella-Villa
Gently Modified Operations: How Environmental Concerns Addressed Through Customs Procedures Can Successfully Resolve The Us-Eu Gmo Dispute, David E. Sella-Villa
William & Mary Environmental Law and Policy Review
No abstract provided.
A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud
A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud
William & Mary Environmental Law and Policy Review
No abstract provided.
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Sequencing, Acoustic Separation, And 3-D Negotiation Of Complex Barriers: Charlene Barshefsky And Ip Rights In China, Rebecca Green, James K. Sebenius
Faculty Publications
Taking the perspective of the lead U.S. negotiator, Charlene Barshefsky, this article details and analyzes the negotiations that took place in the mid-1990s between the United States and the People's Republic of China over intellectual property rights (IPR). Employing a "negotiation analytic" methodology, Charlene Barshefsky's actions are interpreted to suggest a number of promising approaches to managing the daunting complexities of trade and other negotiations: recognizing the multiparty aspects of apparently bilateral dealings and capturing them in a "deal diagram;" carefully assessing "barriers" to agreement; sequencing to build a winning coalition and overcome potentially blocking ones; "acoustic separation" of issueframes; …
Importing Death As A Part Of Free Trade: An Argument For A Prohibition On The Importation Of Foods Containing The Residue Of Banned Pesticides, Derek Redmond
William & Mary Environmental Law and Policy Review
No abstract provided.
The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy
The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy
William & Mary Environmental Law and Policy Review
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala
Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala
Faculty Publications
In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
Faculty Publications
Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …
The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney
The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney
Faculty Publications
No abstract provided.
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
William & Mary Law Review
No abstract provided.
Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau
Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau
William & Mary Law Review
No abstract provided.