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Full-Text Articles in Law
Patenting Living Matter In The European Community: Diriment Of The Draft Directive, David G. Scalise, Daniel Nugent
Patenting Living Matter In The European Community: Diriment Of The Draft Directive, David G. Scalise, Daniel Nugent
Fordham International Law Journal
This article attempts to disentangle the mire of European patent authority and provide some picture of how the ultimate resolution of the proposed EC Directive will appear. Part I contains introductory and background materials on the biotech industry and the importance of patent protection to the future proliferation of technological innovation. Part I exposes current issues in the scientific and political realms of biotech patent law as well as the standard justifications for recognizing inventors rights, considerations that are presently shaping the debate in Europe. Part II attempts to ground the reader in the fundamentals of biotechnology patent laws as …
Weakness Of The Collateral Consequences Doctrine: Counsel's Duty To Inform Aliens Of The Deportation Consequences Of Guilty Pleas, Guy Cohen
Fordham International Law Journal
This Note argues that attorneys have an affirmative duty to inform defendants of the immigration ramifications of guilty please. Part I analyzes the general test for ineffective assistance of counsel, the rules and standards related to guilty please and the overlap between criminal law and immigration law. Part II examines the split of authority in the lower courts over whether misinforming or failing to inform defendants about immigration reprecussions should result in reversal of guilty pleas. Part III argues that attorneys have a duty to inform aliens of the deportation possibilities of guilty pleas.
U.S. Territorial Sea Extension: Jurisdiction And International Environmental Protection, Carol Elizabeth Remy
U.S. Territorial Sea Extension: Jurisdiction And International Environmental Protection, Carol Elizabeth Remy
Fordham International Law Journal
This Note focuses on the United States' reluctance to extend its sovereignty over its "territorial sea." Part I of this Note discusses the history and current status of UNCLOS III, the territorial sea, the contiguous zone, the exclusive economic zone, and the 1988 Proclamation. Part II examines the ongoing controversy in the U.S. Congress concerning federal versus state jurisdiciton over the expanded territorial sea zone and refers to proposed legislation that demonstrates both positions of the debate. Part III examines the effects of domestic enactment of the Proclamation on the international community by analyzing several U.S. statues that would require …