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Articles 1 - 12 of 12
Full-Text Articles in Law
Justice In The Palestine-Israel Conflict, John B. Quigley
Justice In The Palestine-Israel Conflict, John B. Quigley
The Ohio State University Moritz College of Law Working Paper Series
Military-territorial conflicts are typically addressed by the international community on the basis of considerations of justice, meaning relevant standards accepted by the community of states for conduct among states and peoples. If such standards are followed, resulting agreements stand a greater chance of providing for a lasting peace. In the conflict over historic Palestine, considerations of justice have had to compete with considerations of major-power policy, from early twentieth century to the present. When negotiations re-commence, the international community should ensure that they be conducted with considerations of justice at the forefront. If that approach is taken, in particular regarding …
The New Canon: Using Or Misusing Foreign Law To Decide Domestic Intellectual Property Claims , Edward S. Lee
The New Canon: Using Or Misusing Foreign Law To Decide Domestic Intellectual Property Claims , Edward S. Lee
The Ohio State University Moritz College of Law Working Paper Series
This Article provides the first in-depth analysis of the use of foreign authorities to resolve issues related to domestic statutes, particularly focusing on intellectual property (IP) statutes. The study of IP statutes provides a fertile area of research because of the increased pressures for international protection of IP. The Article criticizes the current approach U.S. courts have taken to using foreign authorities in this area, which can best be described as ad hoc. The Article then sets forth a framework by which U.S. courts can decide, more systematically, when to rely on foreign authorities in IP cases. The Article fills …
Preemption Under The Securities Litigation Uniform Standards Act: If It Looks Like A Securities Fraud Claim And Acts Like A Securities Fraud Claim, Is It A Securities Fraud Claim?, Jennifer O'Hare
Working Paper Series
This Article addresses the removal and preemption provisions of the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”). In SLUSA, Congress preempted class actions alleging “an untrue statement or omission of a material fact in connection with the purchase or sale of a covered security.” SLUSA clearly applies to preempt the typical state securities fraud action, forcing plaintiffs into federal court where they will be subject to the rigorous procedural requirements of the Private Securities Litigation Reform Act of 1995. Preemption of false corporate publicity cases was expected and, in fact, intended by SLUSA. However, many courts have also extended …
Proceed With Caution, Ellen S. Podgor, Barry Scheck
Proceed With Caution, Ellen S. Podgor, Barry Scheck
Faculty Publications By Year
No abstract provided.
Bum Lobster Rap, Ellen S. Podgor, Paul Rosenzweig
Bum Lobster Rap, Ellen S. Podgor, Paul Rosenzweig
Faculty Publications By Year
No abstract provided.
"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin
"Defendant Veto" Or "Totality Of The Circumstances?": It's Time For The Supreme Court To Straighten Out The Personal Jurisdiction Standard Once Again, Robert J. Condlin
Faculty Scholarship
Commentators frequently claim that there is no single, coherent doctrine of extra-territorial personal jurisdiction, and, unfortunately, they are correct. The International Shoe case, commonly (but inaccurately) thought of as the wellspring of the modern form of the doctrine, announced a relatively straightforward, two-factor, four-permutation test that worked well for resolving most cases. In the nearly sixty-year period following Shoe, however, as the Supreme Court expanded and refined the standard, what was once straightforward and uncomplicated became serendipitous and convoluted. Two general, and generally incompatible, versions of the doctrine competed for dominance. The first, what might best be described as …
Energeia Advance, Mary Lynn Realff, Angela Shartar, Jean L. Shumway
Energeia Advance, Mary Lynn Realff, Angela Shartar, Jean L. Shumway
ADVANCE Library Collection
No abstract provided.
Case: Academic Careers In Engineering &Science, Lynn Singer, John Angus, Mary Barkley, Diana Bilimoria
Case: Academic Careers In Engineering &Science, Lynn Singer, John Angus, Mary Barkley, Diana Bilimoria
ADVANCE Library Collection
No abstract provided.
Advance Institutional Transformation, Idalia Ramos, Sara Benitez, Lynette Rivera
Advance Institutional Transformation, Idalia Ramos, Sara Benitez, Lynette Rivera
ADVANCE Library Collection
No abstract provided.
Advance Vt, Mark G. Mcnamee
On Campus With Women: Balancing Act
White Collar Crime Prof Blog, Ellen S. Podgor
White Collar Crime Prof Blog, Ellen S. Podgor
Faculty Publications By Year
No abstract provided.