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How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen 2016 Duke Law School

How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen

Faculty Scholarship

This article provides a novel and provocative framework to assess the varied authority of international courts (ICs). We generate practicable metric that assesses de facto IC authority according to a conjunctive standard — the recognition of an obligation to comply with IC rulings, and the engagement in meaningful actions that push toward giving full effect to IC rulings. We then identify five possible types of IC authority — no authority in fact, narrow, intermediate, extensive, and public authority — that correspond to the different audiences for IC rulings. The goal of this metric is to help the contributors to a symposium on ICs ...


After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough 2015 University of Michigan

After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough

Michigan Telecommunications and Technology Law Review

35 U.S.C. § 101 allows a patent for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Recently, the Supreme Court issued several key decisions affecting the doctrine of patentable subject matter under § 101. Starting with Bilski v. Kappos (2011), and continuing with Mayo Collaborative Services, Inc. v. Prometheus Laboratories (2012), Association for Molecular Pathology v. Myriad Genetics (2013) and, most recently, Alice Corporation Pty. Ltd. v. CLS Bank International (2014), every year has brought another major change to the way in which the Court assesses patentability. In Myriad, the ...


A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary LaFrance 2015 William S. Boyd School of Law, UNLV

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications and Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a ...


District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji 2015 University of Michigan

District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji

Michigan Telecommunications and Technology Law Review

Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that ...


The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska 2015 George Washington University Law School

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Marija Dordeska

When the International Court of Justice (ICJ) resolves disputes between States, it relies on various draft articles of the International Law Commission (ILC), sometimes declaring them to be customary international law. The ICJ thereby elevates some draft articles into the sphere of customary international law, transforming them into instruments binding for the international community as a whole. However, the ICJ tends to rely on the ILC’s work only when the ILC bases its findings on ICJ or Permanent Court of International Justice’s precedents. As an alternative method of international law-making, the relationship between the ICJ and the ILC ...


New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner 2015 University of Colorado Law School

New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes illustrations and maps).


"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson 2015 Bates College

"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson

Honors Theses

Since the shooting death of Michael Brown in Ferguson, Missouri in August 2014, there has been a renewed national conversation on relations between law enforcement and communities of color. Subsequent shooting deaths of Black individuals, followed by grand jury non-indictments, have shifted the conversation to a systemic critique, revealing to some, and reminding others, of the deeply racialized nature of criminal justice in the United States. This thesis project is a work of American Political Development that analyzes the racialized developmental of the criminal justice system in the United States, providing context to the recent national conversation. Its purpose is ...


European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline 2015 University of Georgia School of Law

European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge 2015 University of Georgia School of Law

The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge

Georgia Journal of International & Comparative Law

No abstract provided.


#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning 2015 Passman & Jones

#Snitches Get Stitches: Witness Intimidation In The Age Of Facebook And Twitter, John Browning

Pace Law Review

In order to better understand witness intimidation in the age of social media, one must examine both the forms it has taken as well as the response by law enforcement and the criminal justice system. As this article points out, the digital age has brought with it a host of new ways in which witnesses may be subjected to online harassment and intimidation across multiple platforms, and those means have been used to target not only victims and fact witnesses but even prosecutors and expert witnesses as well. The article will also examine potential responses to the problem of witness ...


Innovation Paper: Improving Timeliness In The Justice System, Australian Centre for Justice Innovation (ACJI) 2015 Australian Centre for Justice Innovation

Innovation Paper: Improving Timeliness In The Justice System, Australian Centre For Justice Innovation (Acji)

Timeliness in the Justice System: Ideas and Innovations

In Australia and elsewhere, concerns have been expressed for many years that it can take too long to deal with disputes in the justice system. Numerous strategies have been introduced to address these concerns and reduce delay, including the use of more effective technologies; effecting cultural change that imposes obligations on courts, litigants and others to support more timely finalisation of disputes; better management of cases and disputes; promoting earlier dispute resolution through the use of alternative dispute resolution (ADR); and reconfiguring the roles of those within the justice system as well as imposing decreasing incentives that may operate to ...


Cultural Bias In Judicial Decision Making, Masua Sagiv 2015 Buchmann Faculty of Law, Tel Aviv University

Cultural Bias In Judicial Decision Making, Masua Sagiv

Boston College Journal of Law & Social Justice

This Essay describes the phenomenon of cultural bias in judicial decision making, and examines the use of testimonies and opinions of cultural experts as a way to diminish this bias. The Essay compares the legal regimes of the United States and Israel. Whereas in the United States, the general practice of using cultural experts in courts is well developed and regulated, the Israeli legal procedure has no formal method for admitting cultural expert testimony, and examples of opinions or testimonies of cultural experts in the Israeli legal system are sporadic. The Essay further argues that social science evidence is an ...


Judicial Activism’S Effect On Judicial Elections, Nick Fernandes 2015 Chapman University

Judicial Activism’S Effect On Judicial Elections, Nick Fernandes

Student Research Day Abstracts and Posters

High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.

This paper will specifically be looking at judicial elections in Kentucky ...


Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute 2015 Georgetown University Law Center

Supreme Court Institute Annual Report, 2014-2015, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the 2014-2015 academic year-–corresponding to the U.S. Supreme Court’s October Term (OT) 2014-–the Supreme Court Institute (SCI) provided moot courts for advocates in 100% of the cases heard by the Supreme Court, offered a variety of programs related to the Supreme Court, and continued to integrate the moot court program into the education of Georgetown Law students. A list of all SCI moot courts held in OT 2014-–arranged by argument sitting and date of moot and including the name and affiliation of each advocate and the number of observers-–follows the narrative portion of ...


A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello 2015 Indiana Tech Law School

A Fourth Amendment Framework For The Fee Exercise Clause, Adam Lamparello

Adam Lamparello

This article proposes a paradigm for resolving disputes under the free exercise clause that is analogous to the framework used by the court under the fourth amendment when balancing privacy rights against investigatory powers of law enforcement. In its Fourth Amendment jurisprudence, the Court provides varying degrees of protection to privacy – and imposes different evidentiary requirements on law enforcement – depending on the context in which privacy is affected, the intrusiveness of a particular search, and the asserted governmental interests. For example, privacy receives the strongest protections in areas such as the home, thus requiring law enforcement to have probable cause ...


A Proposal For Improving Argument Before The United States Supreme Court, Louis J. Sirico Jr. 2015 Pepperdine University

A Proposal For Improving Argument Before The United States Supreme Court, Louis J. Sirico Jr.

Pepperdine Law Review

This Article offers a simple solution for reducing the overload of questions at oral argument. Justices, individually or collectively, could pose written questions on facts and law to the litigants' counsel before oral argument and expect written responses. The submitted questions might inquire about the facts of the case, about the litigant's interpretation of the relevant law, about the response that the litigant would make to a hypothetical scenario, or about the precise holding that the litigant wishes the Court to propound. The responses should allow for more thought-out answers than oral argument can produce and might both reduce ...


Access To National Security Information Under The U.S. Freedom Of Information Act, Stephen J. Schulhofer 2015 NYU School of Law

Access To National Security Information Under The U.S. Freedom Of Information Act, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations throughout the world permit executive officials to maintain secrecy in matters touching “national security.” And secrecy’s potential for eroding democratic values is growing as conceptions of national security expand. The U.S. Freedom of Information Act (FOIA) offers tools to resist that trend. The present paper, prepared for an International Symposium on “Freedom of Information and Governmental Transparency,” examines FOIA practice in national-security cases. Although U.S. courts do not always pursue their FOIA responsibilities aggressively, they frequently succeed in forcing the release of significant, previously classified material. An active judicial check on national security secrecy therefore is ...


Jurisdiction - Aliens, Federal Courts And The Law Of Nations, Jeff Ballew 2015 University of Georgia School of Law

Jurisdiction - Aliens, Federal Courts And The Law Of Nations, Jeff Ballew

Georgia Journal of International & Comparative Law

No abstract provided.


Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik 2015 St. Louis University School of Law

Filartiga V. Pena-Irala: International Justice In A Modern American Court?, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski 2015 Seattle University School of Law

Quis Custodiet Ipsos Custodies? The Current State Of Sexual Assault Reform Within The U.S. Military And The Need For The Use Of A Formal Decisionmaking Process In Further Reform, Danielle Rogowski

Seattle University Law Review

Who protects those who protect the nation? In the United States, these responsibilities are levied upon the U.S. Congress, which has Constitutional authority to “make rules for the Government and Regulation of the land and naval Forces.” As such, the U.S. military currently has a robust and well-developed judicial system governed by the Uniform Code of Military Justice (UCMJ). Yet critics have attacked this system during the past two decades by alleging that it fails to adequately prevent and prosecute sexual assault within the ranks. Following scandals at the 1991 Tailhook Convention, Aberdeen Proving Grounds, and the United ...


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