Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Choice of law (1)
- Civil Procedure (1)
- Common Meaning (1)
- Comparative Law (1)
- Conflict of Laws (1)
-
- Conflict of laws (1)
- Cross-border (1)
- Enforcement (1)
- Extraterritoriality (1)
- Foreign Law (1)
- Geographical (1)
- Globalization (1)
- Intellectual property (1)
- International (1)
- Jurisdiction (1)
- Kiobel (1)
- Law and Language (1)
- Litigation (1)
- Morrison (1)
- Territoriality (1)
- Tragedy of the Commons (1)
- Transnational (1)
Articles 1 - 2 of 2
Full-Text Articles in Comparative and Foreign Law
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Scholarly Works
The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …
The Word Commons And Foreign Laws, Thomas O. Main
The Word Commons And Foreign Laws, Thomas O. Main
Scholarly Works
Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. But these outcomes are problematic because parties are denied access to court or have their …