Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather
Population Law And Policy: From Control And Contraception To Equity And Equality, Victoria Mather
Faculty Articles
As a young professor at St. Mary's University School of Law in the 1980s, I had the opportunity to teach in our summer program in Innsbruck, Austria. At the time, faculty members were required to teach an international or comparative law course, and I developed a mini-course in population law and policy. Over the last thirty years, I have had the opportunity to rethink and redevelop the course and to teach it during fifteen summers in the beautiful Austrian Alps. Our summer program became known as the St. Mary's Institute on World Legal Problems, and my course developed into a …
Developing Countries And International Economic Law: The Case Of Burma, Vincent R. Johnson
Developing Countries And International Economic Law: The Case Of Burma, Vincent R. Johnson
Faculty Articles
Roughly a quarter of a century ago, developing countries, in large numbers, signed on to the 1994 revision of the General Agreement on Tariffs and Trade3 ("GKTT 1994") and to membership in its umbrella institution, the World Trade Organization ("WTO"). Notwithstanding their erstwhile reluctance to do business with and compete against developed countries that in many instances had been colonial oppressors, they took on substantial obligations under the WTO agreements. Developing countries did so, in part, because they feared being left behind economically in a world where free trade prospered.
Foreign Patent Decisions And Harmonization: A View Of The Presumption Against Giving Foreign Patent Decisions Preclusive Effect In United States Proceedings In Light Of Patent Law International Harmonization, Roberto Rosas
Faculty Articles
Where there is a United States patent, there are also likely multiple foreign counterpart patents. Armed with a patent, a holder can then move to stop others from infringing on his invention, and more often than not, the defendant will argue that the United States patent is invalid, often citing foreign decisions and proceedings in support of that claim. Given the territorial nature of patents and the fact that countries have different requirements and standards for granting patents, United States courts have applied a presumption against giving preclusive effect to foreign patent decisions. The courts, however, have made clear that …
King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel
Faculty Articles
No abstract provided.
Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas
Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas
Faculty Articles
An understanding of the basic principles that regulate contract formation is of great importance when deciphering the most appropriate ways of fom1ing a new contract or when assessing the legality of an already existing contract. While the basic rules of contract formation are generally applicable to all types of contracts regardless of the method utilized in their creation, there are some juridical rules that apply specifically to electronically created contracts.
Estudio Comparativo De La Formacion De Contratos Electronicos En El Derecho Estadounidense Con Referencia Al Derecho International Y Al Derecho Mexicano, Roberto Rosas
Faculty Articles
The author presents the underlying fundamental contractual principles in American law, and in this respect, tire Uniform Commercial Code, with particular emphasis in how electronic transactions are regulating, and therefore in the Uniform Computer Information Transaction Act, the Uniform Electronic Transactions Act, and the Electronic Signatures in Global and National Commerce Act. Concerning international law, the United Nations Convention on Contracts for the International Sale of Goods and concerning Mexican law, with reference to the Commerce Code and the Federal Civil Code.
Un Enfoque Comparativo Sobre La Formacion De Los Contratos Electronicos, Roberto Rosas
Un Enfoque Comparativo Sobre La Formacion De Los Contratos Electronicos, Roberto Rosas
Faculty Articles
Understanding the basic principles governing the formation of contracts is of paramount importance when it comes to figuring out the most appropriate to enter into a new contract or to assess the legality of a contract existing ones. While the basic rules for the forming of general contracts are applicable to most type of contracts, regardless of how they are done, there are some legal rules that apply specify to contracts concluded electronically.
Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas
Faculty Articles
A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence …
Las Marcas En El Tratado De Libre Comercio De America Del Norte, Roberto Rosas
Las Marcas En El Tratado De Libre Comercio De America Del Norte, Roberto Rosas
Faculty Articles
In this essay, the author analyzes the regulation of trademarks in the NAFTA and its influence on Mexico's legislation on that matter. In the first part, the author explains in general terms the content of the NAFTA, and afterwards, he refers to the rules of Chapter XVII on industrial property. Moreover, he explains the protection derived from this agreement in connection with trademarks, and later, he refers to the normative framework of trademarks in Mexico, which is a result both of legislation and international treaties. Finally, he makes a comparison between Spanish Law on Trademarks of 2001, the rules of …
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
Faculty Articles
The subject of public international law is vast, rich and varied, thus offering the potential to explore many interrelated topics ranging from the lofty philosophical precepts of positivist and naturalist thought to the technical intricacies of international business transactions. Many of these topics are also historically relevant to the long and often inclement history of Mexican-U.S. relations. These include the law of war, peace and neutrality, self-determination, territory, recognition, and diplomatic and consular privileges and immunities. Regrettably, the allotment of time and space for the subject of public international law in the Joint Venture Program does not allow discourse on …