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Social and Behavioral Sciences Commons™
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Articles 31 - 49 of 49
Full-Text Articles in Social and Behavioral Sciences
A Dual Catastrophe Of Protectionism, Sungjoon Cho
A Dual Catastrophe Of Protectionism, Sungjoon Cho
All Faculty Scholarship
This Article argues that rampant parochial protectionism in the United States, a striking example of which is the recent skirmish over the Vietnamese seafood trade, yields catastrophic effects in domestic constitutional as well as foreign policy terms. Moreover, these harmful effects extend not only to the United States but also to the rest of the world. The Article consists of four Parts. Part I documents the trade dispute over Vietnamese catfish and shrimp exports to the U.S. market, with special attention to the question of how powerful southern lobbies prevailed over the broader economic interests of consuming industries and consumers. …
The Wto’S Gemeinschaft, Sungjoon Cho
The Wto’S Gemeinschaft, Sungjoon Cho
All Faculty Scholarship
This Article focuses on the current development-related problems in the global trading system. A widening income gap and widespread poverty among trading nations denote the WTO’s Gesellschaftian nature—interest and power—resulting in structural distortion and manipulation. This Article maintains that the global trading system can achieve its development agenda and become fair and legitimate only through a critical paradigmatic transformation enabled by the configuration of the “WTO’s Gemeinschaft.” This Article observes that a fundamental legal precept, the “Law of Nations” (jus gentium), plays a critical role in actualizing this communitarian telos. Part II redefines the global trading system through the theoretical …
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
All Faculty Scholarship
No abstract provided.
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
What Lawmakers Can Learn From Large-Scale Ecology, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
A Role For State Planning, Fred P. Bosselman
A Role For State Planning, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
All Faculty Scholarship
No abstract provided.
Europe And The Globalization Of Antitrust Law, David J. Gerber
Europe And The Globalization Of Antitrust Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
All Faculty Scholarship
In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …
The Myth Of Context In Politics And Law, Anita Krug
The Myth Of Context In Politics And Law, Anita Krug
All Faculty Scholarship
Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …
Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber
Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber
All Faculty Scholarship
No abstract provided.
International Trade And Competition Law In Japan, David J. Gerber
International Trade And Competition Law In Japan, David J. Gerber
All Faculty Scholarship
No abstract provided.
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
All Faculty Scholarship
No abstract provided.
Symposium, Ecology And The Law (With A. Dan Tarlock) (Co-Editors), Fred P. Bosselman
Symposium, Ecology And The Law (With A. Dan Tarlock) (Co-Editors), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman
The Influence Of Ecological Science On American Law: An Introduction In Symposium, Ecology And The Law (With A. Dan Tarlock), Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber
Constitutionalizing The Economy: German Neo-Liberalism, Competition Law And The "New" Europe, David J. Gerber
All Faculty Scholarship
No abstract provided.
Antitrust And The Challenge Of Internationalization, David J. Gerber
Antitrust And The Challenge Of Internationalization, David J. Gerber
All Faculty Scholarship
No abstract provided.
Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman
Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman
Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Ecology Vs. Equality: The Sierra Club Meets The Naacp, Fred P. Bosselman
Ecology Vs. Equality: The Sierra Club Meets The Naacp, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.