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Full-Text Articles in Law
Do Stronger Patent Rights Raise High-Tech Exports To The Developing World?, Olena Ivus
Do Stronger Patent Rights Raise High-Tech Exports To The Developing World?, Olena Ivus
Olena Ivus
Despite over 20 years of debate, the TRIPs agreement remains very contentious. This paper evaluates the impact of strengthening patent rights (PRs) in developing countries on developed countries' exports over the 1962–2000 period. Colonial origin is used to isolate exogenous variation in PRs. The impact is then identified by examining the cross-industry difference in sensitivity to PRs. I find that the increase in PRs made in response to the TRIPs agreement added about $35 billion (2000 US dollars) to the value of developed countries' patent-sensitive exports into 18 developing countries. This amount is equivalent to an 8.6% increase in these …
North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron
North American Futures: Canadian & U.S. Perspectives, Managing The Arctic, David Caron
David D. Caron
Presentation and discussion of issues relevant to balanced Arctic exploration, multilateral cooperation policy, growth and development and political-economic perspectives.
A New Global Constitutional Order?, David Schneiderman
A New Global Constitutional Order?, David Schneiderman
David Schneiderman
Accompanying the rise of new transnational legal rules and institutions intended to promote global economic integration are questions about the linkages between transnational legality and constitutional law. In what ways does transnational economic law mimic features of national constitutional law? Does transnational law complement in some ways or supersede in other ways what we typically describe as constitutional law? To these questions we can now add the following: are transnational rules and institutions a proper subject of study for comparative constitutionalists? This chapter makes a case for the incorporation of forms of transnational legality into comparative constitutional studies. Taking as …
Promoting Equality, Black Economic Empowerment, And The Future Of Investment Rules, David Schneiderman
Promoting Equality, Black Economic Empowerment, And The Future Of Investment Rules, David Schneiderman
David Schneiderman
It generally is assumed that rules to protect and promote foreign investment are sufficiently flexible to address the specific needs of developing and less developed countries. What happens, however, when the typical model of investment treaty rubs against national constitutional commitments, such as those mandating the promotion of equality in post-apartheid South Africa? This paper explores such tensions in the context of free trade and investment negotiations between the United States and the South African Customs Union. South Africa’s plan to generate a new black middle class via a program of Black Economic Empowerment, it turns out, was a contributing …
By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay
By Prohibiting Foreign Lawyers From Participating, California Is Missing Out, David D. Caron, Leah D. Harhay
David D. Caron
California Code of Civil Procedure §1282.4 and Local Rule 9.43 govern the ability of attorneys who are not members of the State Bar of California to act as counsel in international arbitrations here. Both allow out-of-state attorneys to participate in these arbitrations, but provide no similar provisions for out-of-country attorneys. However, even out-of-state attorneys are not safe. In 2011, when §1282.4 sunsets, out-of-state attorneys will also be barred from appearing as counsel in California-based international arbitrations.