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Selected Works

Selected Works

2018

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Articles 1051 - 1064 of 1064

Full-Text Articles in Law

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania Dec 2017

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania

Tejas N. Narechania

The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?

The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather than consider whether …

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Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova Dec 2017

Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova

Vladislava Stoyanova


Chowdury and Others v Greece reveals the exploitation that migrant workers suffer at agricultural farms for production of strawberries whose sweet taste many of us enjoy. Greece was found in violation of Article 4 of the ECHR (the right not to be subjected to forced labour and human trafficking) for its failure to protect the migrants from the exploitation and to conduct effective investigation. The judgment will be laurelled as an important achievement in favour of the rights of undocumented migrant workers to fair working conditions. It sheds light on the application of the definition of forced labour to labour …

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Book Review, Colin T Reid And Walters Nsoh, The Privatisation Of Biodiversity? New Approaches To Conservation Law, New Horizons In Environmental And Energy Law (Cheltenham, Uk: Edward Elgar Publishing, 2016), Sara L. Seck Dec 2017

Book Review, Colin T Reid And Walters Nsoh, The Privatisation Of Biodiversity? New Approaches To Conservation Law, New Horizons In Environmental And Energy Law (Cheltenham, Uk: Edward Elgar Publishing, 2016), Sara L. Seck

Sara L. Seck

No abstract provided.

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Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh Dec 2017

Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.

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Socially Responsible Corporate Ip, Janewa Osei Tutu Dec 2017

Socially Responsible Corporate Ip, Janewa Osei Tutu

J. Janewa Osei-Tutu

Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. For example, as part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation …

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The International Legal Framework For Climate Engineering, Jesse Reynolds Dec 2017

The International Legal Framework For Climate Engineering, Jesse Reynolds

Jesse Reynolds

Several of the key, recurring questions which loom over climate engineering concern how countries would interact when some of them undertake or approve actions which might impact other countries. This chapter describes some international law which is applicable to climate engineering, with a focus on international environmental law. It closes with a brief synthesis and some recommendations for future developments. First, though, it introduces international law, and suggests why climate engineering is such a challenge for international environmental law and its scholars.

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Why The Unfccc And Cbd Should Refrain From Regulating Solar Climate Engineering Dec 2017

Why The Unfccc And Cbd Should Refrain From Regulating Solar Climate Engineering

Jesse Reynolds

Many scholars argue that the international regulation of solar climate engineering should be developed within those existing legal institutions that have (near-) universal participation--such as those of the UNFCCC or the CBD--and often toward binding rules. I believe that it would be counterproductive, at least for the foreseeable future. It is presently not a relatively productive endeavour to dwell on how states might collectively govern technologies which do not yet exist; whose forms, benefits, risks, costs, and reversibilities remain unknown; and under what circumstances and for what purposes they might be used are likewise still indefinite. We should conceptualize the …

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Insuring Against Cyber Risk: The Evolution Of An Industry (Introduction), Christopher French Dec 2017

Insuring Against Cyber Risk: The Evolution Of An Industry (Introduction), Christopher French

Christopher C. French

Cyber risks are the newest risks of the 21st century. The breadth and cost of cyber attacks are astonishing. Worldwide damages caused by cyber attack are predicted to reach $6 trillion by 2021. Between 2015 and 2017, ransomware damages alone increased from $325 million to approximately $5 billion. In 2017, WannaCry ransomware shut down over 300,000 computer systems across 150 countries.

On April 13, 2018, the Penn State Law Review held a symposium to discuss the evolution of cyber risks and cyber insurance. The symposium was comprised of an eclectic group of legal practitioners and scholars who presented four articles. …

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The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova Dec 2017

The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova

Vladislava Stoyanova

The European Court of Human Rights (ECtHR or the Court) has consistently reiterated that states have discretion regarding what means to use to fulfill their positive obligations under the ECHR. Given the ‘wide range of possible measures’ that could be taken to ensure compliance with positive rights, these rights have a disjunctive structure, since an omission has no definitive counterpart. This article examines how the ECtHR deals with the disjunctive structure of positive rights and how it addresses alternative protective measures that could have been extended. In order to identify the main points of contention, I first draw on legal-theoretical …

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Public Law Norms For “Governance-By-Design”, Kenneth A. Bamberger, Deirdre Mulligan Dec 2017

Public Law Norms For “Governance-By-Design”, Kenneth A. Bamberger, Deirdre Mulligan

Kenneth A. Bamberger

No abstract provided.

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Aba Learning Outcomes Compliance And The Real Estate Course Trajectory – Reflections Of An Outgoing Associate Dean, Daniel B. Bogart Dec 2017

Aba Learning Outcomes Compliance And The Real Estate Course Trajectory – Reflections Of An Outgoing Associate Dean, Daniel B. Bogart

Daniel B. Bogart

No abstract provided.

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Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond Dec 2017

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

Elizabeth De Armond

No abstract provided.

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Introduction To Constraining The Executive, Tom Campbell Dec 2017

Introduction To Constraining The Executive, Tom Campbell

Tom Campbell

The essays in this symposium illuminate aspects of the task of keeping the executive branch within its constitutionally appointed boundaries. The symposium was conceived before the 2016 elections, so its plan was not directed toward the current president. Nevertheless, it is inescapable that, writing after those elections, the authors took recent developments into account. The lessons to be learned from these essays, however, have more permanent application than simply for the immediate present. In this introduction, I review the articles of the symposium hoping to highlight the valuable contribution to separation of powers jurisprudence that each offers for the long …

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Good Injuries, Anne Bloom, Marc Galanter Dec 2017

Good Injuries, Anne Bloom, Marc Galanter

Anne Bloom

No abstract provided.

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