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Articles 1 - 14 of 14
Full-Text Articles in Law
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Faculty Publications
Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas
Saving The Trees One Constitutional Provision At A Time: Judicial Activism And Deforestation In India, Lennon Banks Haas
Georgia Journal of International & Comparative Law
No abstract provided.
Supermarkets In India: Struggles Over The Organization Of Agricultural Markets And Food Supply Chains, Amy J. Cohen
Supermarkets In India: Struggles Over The Organization Of Agricultural Markets And Food Supply Chains, Amy J. Cohen
University of Miami Law Review
This article analyzes the conflicts and distributional effects of efforts to restructure food supply chains in India. Specifically, it examines how large retail corporations are presently attempting to transform how fresh produce is produced and distributed in the "new" India-and efforts by policymakers, farmers, and traders to resist these changes. It explores these conflicts in West Bengal, a state that has been especially hostile to supermarket chains. Via an ethnographic study of small producers, traders, corporate leaders, and policymakers in the state, the article illustrates what food systems, and the legal and extralegal rules that govern them, reveal about the …
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions must …
Compulsory Licensing In Trips: Chinese And Indian Comparative Advantage In The Manufacture And Exportation Of Green Technologies, Rishi R. Gupta
Compulsory Licensing In Trips: Chinese And Indian Comparative Advantage In The Manufacture And Exportation Of Green Technologies, Rishi R. Gupta
Sustainable Development Law & Policy
No abstract provided.
Slump Sale Transactions - Taxation Issues In India, Mubashshir Sarshar
Slump Sale Transactions - Taxation Issues In India, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
The Merits Of Cooperative Corporate Governance In The Digital Age, Meredith-Anne Kurz
The Merits Of Cooperative Corporate Governance In The Digital Age, Meredith-Anne Kurz
Meredith-Anne Kurz
No abstract provided.
Article 142: Incomplete Justice?, Harshad Pathak
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar
Indiana Journal of Global Legal Studies
Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …
Peel-Off Lawyers: Legal Professionals In India's Corporate Law Firm Sector, Jayanth K. Krishnan
Peel-Off Lawyers: Legal Professionals In India's Corporate Law Firm Sector, Jayanth K. Krishnan
Articles by Maurer Faculty
This study is about hierarchy within the legal profession – how it presents itself, how it is retained, and how it is combated. The socio-legal literature on this subject is rich, with many roots tracing back to Professor Marc Galanter’s famous early 1970s article on the ‘Haves’ and ‘Have-Nots.’ Galanter’s piece and the work of those influenced by him rightly suggest that resources – institutional, financial, and demographic – contribute to whether lawyers are, and remain as, part of the ‘Haves.’ Yet, while resources of course greatly matter, as this study will argue other forces are significant as well. One …
What Is Intermediate Legislative Power?, Shubhankar Dam
What Is Intermediate Legislative Power?, Shubhankar Dam
Shubhankar Dam
The President in India’s parliamentary system is authorized to promulgate legislation under Article 123.1 While such legislation, or ‘ordinances’, enjoy the same force and effect as Acts, they are distinct in some ways. First, ordinances lack legislative deliberation: the President promulgates them ‘except when both Houses of Parliament are in session’. Secondly, it depends on the President’s satisfaction that ‘circumstances exist that render it necessary for him to take immediate action’. And they are transient: ordinances cease to operate on the expiry of six weeks from the reassembly of Parliament unless withdrawn earlier or formally enacted into law. Ordinances, then, …
Public Law And Public Resources In India, Shubhankar Dam
Public Law And Public Resources In India, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Dr. Saumya Uma
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …