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Articles 1 - 4 of 4
Full-Text Articles in Law
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Indiana Law Journal
No abstract provided.
Oklahoma And Beyond: Understanding The Wave Of State Anti-Transnational Law Initiatives, Martha F. Davis, Johanna Kalb
Oklahoma And Beyond: Understanding The Wave Of State Anti-Transnational Law Initiatives, Martha F. Davis, Johanna Kalb
Indiana Law Journal
In the past year, initiatives to block judicial consideration of foreign or international law have been introduced in over half of the states. The proposals vary, ranging from the “softer” versions, which codify existing common law principles governing judicial decision making to the more extreme versions, which aggressively bar all consideration of foreign and international law, virtually eliminating judicial discretion regarding the relevance of such law in a particular case. This Essay contends that in all their variations, these anti-transnational law measures pose serious and fundamental challenges to the American judicial system. They undermine our federalist system by ignoring federal …
The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle
The Criminalization Of The Theft Of Trade Secrets: An Analysis Of The Economic Espionage Act, Nicola Searle
IP Theory
No abstract provided.
Evading Legislative Jurisdiction, Austen L. Parrish
Evading Legislative Jurisdiction, Austen L. Parrish
Articles by Maurer Faculty
In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …