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Articles 31 - 60 of 61
Full-Text Articles in Law
Reforming The Law Of Reputation, Frank Pasquale
Reforming The Law Of Reputation, Frank Pasquale
Faculty Scholarship
No abstract provided.
Democratizing Higher Education: Defending And Extending Income-Based Repayment Programs, Frank Pasquale
Democratizing Higher Education: Defending And Extending Income-Based Repayment Programs, Frank Pasquale
Faculty Scholarship
No abstract provided.
Inefficient Evidence, Alex Stein
Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, Heidi K. Brown
Empowering Law Students To Overcome Extreme Public Speaking Anxiety: Why "Just Be It" Works And "Just Do It" Doesn't, Heidi K. Brown
Faculty Scholarship
No abstract provided.
Academic Duty And Academic Freedom, Amy Gajda
Academic Duty And Academic Freedom, Amy Gajda
Faculty Scholarship
No abstract provided.
Talking Points, Alex Stein, Jef De Mot
Unsexing The Fourth Amendment, I. Bennett Capers
Unsexing The Fourth Amendment, I. Bennett Capers
Faculty Scholarship
No abstract provided.
Appraisal Arbitrage And The Future Of Public Company M&A, Minor Myers, Charles R. Korsmo
Appraisal Arbitrage And The Future Of Public Company M&A, Minor Myers, Charles R. Korsmo
Faculty Scholarship
No abstract provided.
Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts
Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts
Faculty Scholarship
No abstract provided.
From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga
From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga
Brooklyn Journal of International Law
Over the last seven decades, there has been a global proliferation of international and regional human rights tribunals. But with no coercive power to enforce their judgments, these international tribunals rely either on the good faith of the State parties or on the political process for the implementation of their remedial orders. This nonjudicial approach to enforcement has showed its limits, as most State parties are noncompliant with international judgments to the detriment of human rights victims. This article recommends a new approach involving the judicialization of the post-adjudicative stage of international proceedings as an avenue to increase the enforceability …
The Enforcement Power In Crisis, William D. Araiza
The Enforcement Power In Crisis, William D. Araiza
Faculty Scholarship
No abstract provided.
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
Faculty Scholarship
No abstract provided.
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, Rizwaan J. Mokal
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, Rizwaan J. Mokal
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Brooklyn Journal of International Law
The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh
Brooklyn Journal of International Law
More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.
This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …
Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter
Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter
Brooklyn Journal of International Law
No abstract provided.
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
Brooklyn Journal of International Law
Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …
Biosimilar Naming: A Call For Uniformity In A Complex Field, Jacqueline Genovese
Biosimilar Naming: A Call For Uniformity In A Complex Field, Jacqueline Genovese
Brooklyn Journal of International Law
Recombinant technology has opened a pathway for a means of producing a variety of therapeutic proteins and generating the growth of the biopharmaceutical industry. Further, due the patent expirations of a number of biologics in the coming years, there has been an increased interest in the development of generic biologics, also known as biosimilars, and a widespread push for biosimilar FDA approval in the United States. While the pressure for the expansion of biosimilar approval is warranted, the FDA must be cautious when implementing regulatory guidelines. Since biologics differ greatly from small-molecule drugs, biologics have a distinct approval process. The …
Retroactivity In The 1970 Unesco Convention: Cases Of The United States And Australia, Katarzyna Januszkiewicz
Retroactivity In The 1970 Unesco Convention: Cases Of The United States And Australia, Katarzyna Januszkiewicz
Brooklyn Journal of International Law
As the current trend of returning looted artifacts to their countries of origin continues to grow, the need for stricter law enforcement and a reevaluation of the 1970 UNESCO Convention and its application has become apparent. Recently, museums and national governments worldwide have engaged in a repatriation dialogue through mutual cooperation with foreign institutions, rather than international litigation, which is both a long and expensive process. This is a result of both a shifting public opinion towards museums, and the growing awareness of the countries of origin regarding the value of their looted cultural heritage. Looted artifacts continue to flood …
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
Brooklyn Journal of International Law
On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.
This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic
Brooklyn Journal of International Law
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …
Timing Brady, Miriam H. Baer
The Logic And Limits Of Liens, Edward Janger
The Logic And Limits Of Liens, Edward Janger
Faculty Scholarship
No abstract provided.
Atlantic Marine And The Future Of Forum Non Conveniens, Robin Effron
Atlantic Marine And The Future Of Forum Non Conveniens, Robin Effron
Faculty Scholarship
No abstract provided.
The Feminist Jurisprudence Of Jack Weinstein, Anita Bernstein
The Feminist Jurisprudence Of Jack Weinstein, Anita Bernstein
Faculty Scholarship
No abstract provided.
Constructing Autonomy, Bailey Kuklin
Religion And Marriage Equality Statutes, Nelson Tebbe
Religion And Marriage Equality Statutes, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Rethinking The Tax-Revenue Effect Of Reit Taxation, Bradley T. Borden
Rethinking The Tax-Revenue Effect Of Reit Taxation, Bradley T. Borden
Faculty Scholarship
No abstract provided.
The Logic And Limits Of Liens, Edward J. Janger
The Logic And Limits Of Liens, Edward J. Janger
Faculty Scholarship
No abstract provided.
Catalogs, Alex Stein, Gideon Parchomovsky