Law Commons^™

Stability, Integration And Political Modalities: Some American Reflections On The European Project After The Financial Crisis, David A. Westbrook

Contributions to Books

Published as Chapter 22 in Making Transnational Law Work in the Global Economy: Essays in Honour of Detlev Vagts, Pieter H. F. Bekker, Rudolf Dolzer & Michael Waibel, eds.

To those of us concerned with transnational law, and especially the role of German law on the global stage, it does not need saying that Professor Detlev Vagts is highly deserving of that Germanic and traditional scholarly honour, a Festchrift. (In this context, ‘does not need saying’ of course means ‘should be said repeatedly’.) We all owe Detlev Vagts, and as a Germanic traditionalist, I would be delighted to contribute to …

Safety Standards And Indigenous Products: What Role For Traditional Knowledge?, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 8 in International Economic Law and National Autonomy, Meredith Kolsky Lewis & Susy Frankel, eds.

Indigenous communities have used native plants as foods and for medicinal purposes for thousands of years. Some of these indigenous products have proven sufficiently popular that individuals outside the indigenous community have sought to consume, purchase and market them. In certain instances, new products have been derived from the indigenous plant and sold outside the indigenous community. In other cases, the indigenous product has been exported in its original form, but utilized in non-traditional ways in the export market. In recent years, …

Introduction, Daniel Bradlow, David Hunter

Contributions to Books

This is the introduction to an edited volume of papers on International Financial Institutions and International Law. The introduction provides an explanation of the editors motivation for undertaking this book project and an overview of the chapters in the book.

Conclusion: The Future Of International Law And International Financial Institutions, Daniel Bradlow, David Hunter

Contributions to Books

This is the conclusion to the edited volume, International Financial Institutions and International Law. After a brief overview of the key points made in the volume, the authors offer some observations on the role that international law plays and should play in the functioning of international financial institutions and some suggestions for future research on the topic.

Imagining The Law: Art, Christine Haight Farley

Contributions to Books

Law’s relations to art--to its creation, its production, and dissemination, its restriction as well as to commercial and contractual agreements about art works—are as multiform and complex as the category of art itself. Acknowledging that there is no discrete body of law that governs art, the author defines art law as “the survey of legal issues raised by art, artist, and the art world” and surveys four central themes: the law as art, the law of art, the law of creativity, and the collision of art and law. Any legal dispute about art usually evokes a plea for special legal …

Using Competition Law To Promote Access To Knowledge, Sean Flynn

Contributions to Books

One of the points of convergence among the many strands of the A2K movement is resistance to the one-size-fits-all ratcheting up of intellectual property provisions around the world. The resistance is grounded in analysis showing that intellectual property rules often create social costs that far outweigh their intended benefits. Much of the A2K movement’s advocacy for limitations of intellectual property rights is located within the field of intellectual property law – promoting the inclusion and use of balancing mechanisms within the laws granting intellectual property rights. But intellectual property rights are also shaped and limited by their interaction with other …

Why Federalism And Constitutional Positivism Don't Mix, James A. Gardner

Contributions to Books

Published as Chapter 4 in New Frontiers of State Constitutional Law: Dual Enforcement of Norms, James A. Gardner & Jim Rossi, eds.

This chapter places the book's approach in its interpretational context by linking the federal structure of constitutional norm production to the ever-present problem of interpretational methodology. It begins by arguing that previous approaches to the interpretation of subnational constitutions have failed because they improperly attempted to apply the dominant jurisprudence of national constitutional interpretation—constitutional positivism—to the constitutions of the states. Yet constitutional positivism as a technique only makes sense where subnational units are autonomous, as independent nations are. …