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Full-Text Articles in Law
The New Innovation Frontier? Intellectual Property And The European Court Of Human Rights, Laurence R. Helfer
The New Innovation Frontier? Intellectual Property And The European Court Of Human Rights, Laurence R. Helfer
Faculty Scholarship
This article provides the first comprehensive analysis of the intellectual property case law of the European Court of Human Rights ("ECHR"). Within the last three years, the ECHR has issued a trio of intellectual property rulings interpreting the right of property protected by the European Convention on Human Rights. These decisions, which view intellectual property through the lens of fundamental rights, have important consequences for the region's innovation and creativity policies. The cases are also emblematic of a growing number of controversies in domestic and international law over the intersection of human rights, property rights, and intellectual property. The article …
The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo
The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo
Faculty Scholarship
No abstract provided.
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Faculty Scholarship
On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.
Redesigning The European Court Of Human Rights: Embeddedness As A Deep Structural Principle Of The European Human Rights Regime, Laurence R. Helfer
Redesigning The European Court Of Human Rights: Embeddedness As A Deep Structural Principle Of The European Human Rights Regime, Laurence R. Helfer
Faculty Scholarship
The European Court of Human Rights (ECHR) is the crown jewel of the world’s most advanced international system for protecting civil and political liberties. In recent years, however, the ECHR has become a victim of its own success. The Court now faces a docket crisis of massive proportions, the consequence of the growing number of states subject to its jurisdiction, its favourable public reputation, its expansive interpretations of individual liberties, a distrust of domestic judiciaries in some countries, and entrenched human rights problems in others. In response to this growing backlog of individual complaints, the Council of Europe has, over …