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Full-Text Articles in Law

Making Law, Making War, Making America (Revised 12/6/06), Mary Dudziak Dec 2006

Making Law, Making War, Making America (Revised 12/6/06), Mary Dudziak

University of Southern California Legal Studies Working Paper Series

It is often said that “in times of war, law is silent,” but this essay argues that the experience of the twentieth century provides a sharp contrast to this old saying. It is not just that law was not silent during warfare, but that law provided a language within which war could be seen. War is not a natural category outside the law, but is in part produced by it. Across decades of conflict, law was a marker that defined for the nation some of those times when conflict would be contemplated as a “war,” and helped cabin other uses ...


The Tiger Awakens: The Tumultuous Transformation Of India’S Patent System And The Rise Of Indian Pharmaceutical Innovation, Janice M. Mueller Aug 2006

The Tiger Awakens: The Tumultuous Transformation Of India’S Patent System And The Rise Of Indian Pharmaceutical Innovation, Janice M. Mueller

University of Pittsburgh School of Law Working Paper Series

India developed a world-class generic drug manufacturing industry by excluding pharmaceutical products from patent protection in 1972. In 2005, India reintroduced pharmaceutical patenting in order to comply with its obligations as a WTO member. For an emerging superpower still mired in poverty and public health crises, the change did not come quickly or without controversy. This Article provides the first major comparative analysis of India’s new patents regime. Based on the author’s data gathering and interviews in India, the Article evaluates the regime’s first eighteen months. It critiques the new law and the capacity of India’s ...


The Politics Of Memory/Errinerungspolitik And The Use And Propriety Of Law In The Process Of Memory Construction, Vivian Grosswald Curran Aug 2006

The Politics Of Memory/Errinerungspolitik And The Use And Propriety Of Law In The Process Of Memory Construction, Vivian Grosswald Curran

University of Pittsburgh School of Law Working Paper Series

The post-Second World War trial for the crime against humanity from the start assumed pedagogical proportions, with the tribunals involved conscious that their legal verdicts would represent historical pronouncement and national values. The newly defined crime has been asked to institutionalize far more than the traditional task of adjudicating the guilt or innocence of the defendant. The trials themselves are meant to define the past, create and crystallize national memory, and illuminate the foundations of the future. I suggest that, by placing a burden on law that it is not designed to bear, we risk deforming law and legal principle ...


A Gravity Model Of Globalization, Democracy And Transnational Terrorism, S Brock Blomberg, B Peter Rosendorff May 2006

A Gravity Model Of Globalization, Democracy And Transnational Terrorism, S Brock Blomberg, B Peter Rosendorff

University of Southern California Legal Studies Working Paper Series

This paper provides an original study into how democratization and globalization influence transnational terrorism -- examining the motives of terrorists and how democratic institutions and international integration influence non-state economic actors. We employ a gravity model to investigate the relative importance of globalization and democratization on transnational terrorism and external conflict. We construct an original database of over 200,000 observations from 1968-2003 for 189 countries, to examine the extent to which economic, political and historical factors influence the likelihood of citizens from one country to engage in terrorist activities against another. We …nd that the advent of democratic institutions, high ...


Domestic Law And Tax Treaties: The United States, Anthony C. Infanti Jan 2006

Domestic Law And Tax Treaties: The United States, Anthony C. Infanti

University of Pittsburgh School of Law Working Paper Series

In this paper, I provide an overview of the interaction between U.S. domestic law and tax treaties. This paper was prepared for, and was presented at, a conference on domestic law and tax treaties that took place in Milan, Italy in November 2005, under the aegis of the Italian Council of Ministers and the Organisation for Economic Co-operation and Development. The papers presented at the conference (including this paper) are scheduled to be published in book form---as part of the International Bureau of Fiscal Documentation’s “EC and International Law Series”---in early 2006.

As is the case with ...