Law Commons^™

Sell V. United States: Is Competency Enough To Forcibly Medicate A Criminal Defendant, John R. Hayes

Journal of Criminal Law and Criminology

No abstract provided.

The Substitution Of Words For Analysis And Other Judicial Pitfalls: Why David Sattazahn Should Have Received Double Jeopardy Protection, David Chu

Journal of Criminal Law and Criminology

No abstract provided.

The Supreme Court's Excessive Deference To Legislative Bodies Under Eighth Amendment Sentencing Review, James J. Brennan

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall

Journal of Criminal Law and Criminology

No abstract provided.

Learning Lessons From India: The Recent History Of Antiterrorist Legislation On The Subcontinent, Manas Mohapatra

Journal of Criminal Law and Criminology

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

No Means No: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew R. Lyon

Journal of Criminal Law and Criminology

No abstract provided.

Current Issues Of E.U. Competition Law: The New Competition Enforcement Regime, The Symposium On European Competition Law , Philip Lowe

Northwestern Journal of International Law & Business

On May 1, 2004, two major reforms of the EC competition enforcement regime are expected to enter into force: the modernization of antitrust enforcement, based on Regulation 1/2003,1 and the review of the European merger control system. In this contribution, I will outline the main principles underlying these reforms. In Part I, I will focus on the instruments the Commission intends to adopt early in 2004 in order to guarantee the efficient functioning of Regulation 1/2003, the so-called modernization package. Subsequently, in Part II, I will present the guiding principles of the future merger control in Europe, as they result …

Role Of Judicial Review In Merger Control, The Symposium On European Competition Law , Mark Clough

Northwestern Journal of International Law & Business

This article explains the role of judicial review in European Community ("EC") Merger Control ("ECMR") by reference to the Airtours case and three other important recent judgments of the European Court of First Instance ("CFI") (Schneider, Tetra Laval and Lagardére), all decided in 2002. Article 230 of the EC Treaty, which governs actions for annulment of acts adopted by the EC Institutions "on the grounds of lack of competence, infringement of an essential procedural requirement, infringement of this [EC] Treaty or of any rule of law relating to its application, or misuse of powers," is considered only in the context …

Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta

Northwestern Journal of International Law & Business

On July 3, 2003, in the Chronopost judgment, the European Court of Justice ("ECJ" or "the Court") defined the conditions under which a public undertaking, enjoying a legal monopoly for the provision of services of general interest, can provide services to its subsidiaries without infringing Article 87(1) of the EC Treaty. The impact of this judgment on European Community ("EC") state aid policy and public services is potentially large, in both legal and practical terms. The ruling casts light on the real dilemma underlying the application of state aid rules to the circumstances of the case: how to allow public …

Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan

Northwestern Journal of International Law & Business

Despite the criticisms of economists to antidumping measures, they continue to be the most often used trade remedy measure. A new trend that may be observed is the use of the "material retardation" standard of injury to demonstrate injury to domestic industry that is one of the requirements for imposing antidumping duty. It is essential to be wary of this trend as unlike the other two types of injury, the WTO lacks specific guidelines for the use of this standard. The general rules in the Antidumping Agreement are unsuitable for the situations where the material retardation standard is relevant, and …

Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee

Northwestern Journal of International Law & Business

The highly publicized safeguard measures applied by the United States to an array of steel products in 2002 became one of the biggest and most controversial trade disputes in recent history. Virtually all major trading nations in the world, including the European Community, Japan , China , Brazil , Korea , New Zealand , Switzerland and Norway , were the direct parties to this dispute with the United States . The contentious legal grounds of the U.S. safeguard measures, as well as the lack of adequate consultations between the United States and its trading counterparts, have brought the international community …

Demystifying The Madrid Protocol, John M. Murphy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Use Of A Game Over: Emulation And The Video Game Industry, A White Paper, James Conley, Ed Andros, Priti Chinai, Elise Lipkowitz, David Perez

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Creating An Online Internet Tax: A Complex Construction?, Isaac J. Morris

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

New Strategies For Owners Of Discontinued Brands, David S. Ruder

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

New E.C. Merger Control Test Under Article 2 Of The Merger Control Regulation, The Symposium On European Competition Law , Alexander Riesenkampff

Northwestern Journal of International Law & Business

On November 25, 2003, the Council reached a political accord on amending the Merger Control Regulation. On January 20, 2003, the Council formally adopted the amendment as new Regulation No.139/2004. Article 2, Sec. 3 of the new regulation provides: "A concentration which would significantly impede effective competition, in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, shall be declared incompatible with the common market." This article begins by outlining the legislative history of the new Article 2. That preface is followed by the identification …

Communication Breakdown: The Recording Industry's Pursuit Of The Individual Music User, A Comparison Of U.S. And E.U. Copyright Protections For Internet Music File Sharing, Ryan Bates

Northwestern Journal of International Law & Business

While music file sharing over the internet has become a common practice in recent years, record companies blame the illegal swapping for a 31% drop in compact disk sales since mid-2000. In an ever-evolving attempt to gain a stronghold on the distribution of digital music via the internet, the recording industry recently began filing lawsuits against the individual internet "file sharer" in both the United States the European Union.

This comment examines the development of copyright protections in the United States and the European Union, including recent legislation under each system, and argues that a balance of rights and technical …

The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, Jason J. Kilborn

Northwestern Journal of International Law & Business

This Article seeks to achieve two goals as it describes the consumer provisions of the new German Insolvency Act. First, it reveals critical distinctions between the theory of consumer insolvency, as described in German law and legal literature, and the reality of consumer insolvency in practice, as it has developed in the four-and-a-half years since the law went into effect. From both theoretical and practical perspectives, the German experience both supports and challenges many of the notions underlying consumer bankruptcy reform debates in the United States. As it turns out, the German and U.S. consumer debt relief systems produce largely …

The Havana Club Saga: Threatening More Than Just "Cuba Coke", Emily Taylor

Northwestern Journal of International Law & Business

The saga of the "Havana Club" brand began when the family-owned distillery in Cuba that created "Havana Club" rum was confiscated by the Cuban government during the communist revolution. Years later, a dispute arose as to the rightful owner of the U.S. trademark of the name. In an attempt to settle the matter, a U.S. statutory provision was passed that prevents the registration or protection (in the United States) of trademarks linked to businesses that were confiscated by the Cuban government. The statutory provision, § 211 of the Omnibus Appropriations Act of 1998 ("§ 211"), may have been in keeping …

The Costs And Legal Implications Facing Implementation Of The European Union's Droit De Suite Directive In The United Kingdom, Jennifer B. Pfeffer

Northwestern Journal of International Law & Business

In 2001, the European Union passed a directive requiring member countries to implement a droit de suite on the resale of art. A droit de suite is a resale royalty created to benefit visual artists. The purpose of the droit de suite is to allow artists to profit off of their growing reputations; for example, a starving artist who has sold a work for a pittance may profit (or his heirs may profit) when he has risen in prominence and his work has consequently increased in value. The United Kingdom actively opposed the directive;8 it worried about the effect of …

The Interpretive Turn In International Sales Law: An Analysis Of Fiften Years Of Cisg Jurisprudence, Larry A. Dimatteo, Lucien Dhooge, Stephanie Greene, Virginia Maurer

Northwestern Journal of International Law & Business

The United Nations Convention on Contracts for the International Sale of Goods ("CISG") was adopted on April 11, 1980, under the auspices of the United Nations Commission on International Trade Law ("UNCITRAL"). The focus of this article is not whether the CISG mandates or should mandate absolute uniformity of application. The literature on this subject is quite extensive.15 Instead, this article recognizes that many CISG provisions are the product of compromise and thus we ask whether these compromises have proven to be effective or have resulted in a chaotic jurisprudence. How have the articles of the CISG actually been interpreted …

The State Of E.C. Competition Law: Fiften Years Ago And Today, The Symposium On European Competition Law , Frank Fine

Northwestern Journal of International Law & Business

The European Commission is achieving ever greater rationalization and efficiencies in the field of merger control, thereby maximizing commercial benefits while minimizing regulatory hurdles. The Commission appears to be on a completely different track when it comes to non-merger arrangements, such as strategic alliances, distribution agreements, technology licenses, joint selling agreements and joint purchasing agreements. While the Commission is seeking to maximize legal certainty for companies planning concentrations, in the other spheres of business activity which fall within the ambit of Articles 81 and 82, including those noted above, the Commission has decided that the legal certainty afforded by the …

Emerging Wto Competition Jurisprudence And Its Possibilities For Future Development , Alberto Alvarez-Jimenez

Northwestern Journal of International Law & Business

A new competition jurisprudence is emerging within the World Trade Organization ("WTO") and its Dispute Settlement Body ("DSB"). WTO competition jurisprudence comprises all WTO Panel and Appellate Body rulings in cases where what is debated is the existence of a private anti-competitive behavior, the absence of the private competitive conduct that WTO law orders, or certain subject matters that fall within the traditional scope of domestic antitrust legislation, regardless of whether or not the decision provides a WTO solution. Part II of this article presents the WTO self-restraint approach regarding competition and trade before the new millennium, as set out …