Digital Commons Network^™

The Justice Department's Recent Antitrust Enforcement Policy, Robert D. Shank

Vanderbilt Journal of Transnational Law

Obstacles to free competition are abundant in the international economy. Before 1992, the United States Department of Justice only attacked such obstacles if they impeded the import commerce of the United States. But as more and more businesses enter the international markets, the ability of U.S. businesses to compete in foreign markets free of export cartels and other obstacles to free competition is of greater concern. In 1992, the U.S. Justice Department addressed this concern by reversing prior policy and announcing that the U.S. government would also attack obstacles that impede the ability of U.S. businesses to export their products …

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fanning

Vanderbilt Journal of Transnational Law

The authors analyze the 1994 Japanese products liability law from a national-culture perspective. After examining the historical backdrop of the consumer's social role in both the United States and Japan, the authors argue that the new law cannot create a strict liability system like that of the United States in Japan, because the unique Japanese cultural context and its manipulation discourage the use of the legal process to advance consumer interests.

L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines

Vanderbilt Journal of Transnational Law

This Note examines the recent controversy over France's ban against "ostentatious" religious symbols in public schools. The only ostentatious symbol targeted by the French government, however, has been the head scarves worn by Muslim schoolgirls. The author explores the roots of the current ban by examining France's tradition of assimilation of immigrants and its constitutionally mandated secular public education system. The author also compares France's interests in prohibiting head scarves with the Muslim students' interests in practicing their religion. Finally, the author concludes that the French policy of banning head scarves from school is not only impractical, but likely a …

Compliance With The Trips Agreement: Introduction To A Scholarly Debate, J. H. Reichman

Vanderbilt Journal of Transnational Law

The first symposium held on the proposals to include intellectual property rights within the Uruguay Round of multilateral trade negotiations' was published by The Vanderbilt Journal of Transnational Law in 1989. It seemed only fitting to return to this same Journal with a retrospective evaluation of the finished product by members of the American Association of Law Schools' (AALS) Intellectual Property Section in 1996. That product is Annex IC of the Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement), better known as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement or Agreement). This Agreement has already …

Trips Boomerang--Obligations For Domestic Reform, Harold C. Wegner

Vanderbilt Journal of Transnational Law

Today, one of the biggest obstacles facing inventors is the problem of patent harmonization. Inventors, who spend their time, money, and resources to develop new technology, are faced with the problem of ensuring that their new development receives patent protection not only in their home countries, but also worldwide. This problem is complicated by the fact that the United States maintains a different patent filing process than most other developed nations. Efforts of the international community to harmonize these different approaches, however, have been only partially successful.

In this Article, Professor Wegner examines the latest attempt by the international community …

Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke

Vanderbilt Journal of Transnational Law

This Note analyzes the enormous burden that the Czech Republic faces in its transition from a command to a market economy. Part of the burden is the privatization of real property. Toward privatization, the government of the Czech Republic has thus far focused its resources on allocating real property to private parties through the process of restitution. Technically, title to real property in the Czech Republic has always been held by private parties, but such ownership was meaningless because the state had virtually limitless power to use the property. The author recognizes that unless the Czech government develops substantive real …

Worldwide Copyright Protection Under The Trips Agreement, Eric H. Smith

Vanderbilt Journal of Transnational Law

The author begins by analyzing the purposes of the TRIPS Agreement. He then discusses piracy losses on a regional and global basis, emphasizing industry-based variations and the economic impact of these losses. Mr. Smith then examines several of the key implementation problems surrounding TRIPS, including the use of transition phase-in periods for developing countries, and the availability of civil and criminal sanctions. Finally, he highlights other specific portions of the TRIPS Agreement that may engender future controversy.

International Copyright: An Unorthodox Analysis, Hugh C. Hansen

Vanderbilt Journal of Transnational Law

Professor Hansen reviews the development of copyright from its traditional domestic orientation to the modern emphasis on globalization and harmonization. His commentary analogizes modem trends in International copyright to religious equivalents. He notes that the current players include a "secular priesthood" (the traditional copyright bar and academics), "agnostics and atheists" (newer academics and lawyers, particularly those concerned with technology and the culture of the public domain) and "missionaries" (whose task it is to increase copyright protection around the world and who are primarily driven by trade considerations). The copyright "crusade" has been driven by this last group.

The author compares …

Trade, Competition, And Intellectual Property--Trips And Its Antitrust Counterparts, Eleanor M. Fox

Vanderbilt Journal of Transnational Law

This Article examines the interface between TRIPS' protection of intellectual property rights and antitrust law, and the extent to which TRIPS invites a counterpart agreement that would internationalize intellectual property antitrust rules.

Professor Fox argues that TRIPS does not call for internationalizing antitrust law, and that even developing countries, which might find a greater need for antitrust protection against abuse of dominance after TRIPS, might be better served by developing and enforcing a national antitrust law of their own.

She argues that TRIPS does, however, contemplate some limits to antitrust, lest antitrust enforcement impair protections guaranteed by TRIPS. Professor Fox …

The Reemergence Of German Arms: How Far Will Germany's March Toward Full Use Of Military Force Go?, Walter J. Lemanski

Vanderbilt Journal of Transnational Law

In 1994, the German Federal Constitutional Court handed down a landmark decision redefining the constitutionality of German use of military force. For more than forty years, the German government claimed that the German Constitution forbade the use of military forces for other than the defense of NATO territory. The Federal Constitutional Court, however, held that a majority vote of Parliament was all that was required to commit forces to military actions sanctioned by collective security agreements. In 1995, for the first time since World War II, Germany sent offensive military forces into a combat zone. These events raise the question …

Prospects And Limits Of The Patent Provision In The Trips Agreement: The Case Of India, Martin J. Adelman, Sonia Baldia

Vanderbilt Journal of Transnational Law

This Article analyzes the impact of TRIPS on the pharmaceutical industry in India, an industry that has traditionally taken a "free-ride" on the technological developments of other nations. The authors discuss the patent system in India prior to TRIPS and India's long-term refusal to join the Paris Convention regarding intellectual property.

In the past, India had limited protection for technology. Some areas--food, pharmaceuticals, and products made by processes--received no patent protection at all. TRIPS changed this system and also changed the compulsory licensing and license of right provisions that limited patent protection in India. The authors argue that all people--scientists …

Compliance With Trips: The Emerging World View, Adrian Otten, Hannu Wager

Vanderbilt Journal of Transnational Law

This Article provides an overview of the substantive provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The authors begin by explaining how the TRIPS Agreement signals a new emphasis on protecting intellectual property in the international trading system and the World Trade Organization. They then discuss the Agreement's obligations on substantive protection, as well as its enforcement and dispute resolution mechanisms. Finally, the authors address the international plans for the Agreement's implementation and administration. Otten and Wager conclude that, while it does not solve all the problems related to international intellectual property matters, the TRIPS Agreement …

A Brief Defense Of Mass Market Software License Agreements, Robert W. Gomulkiewicz

Articles

In the rapidly changing world of personal computer software, the end user license agreement ("EULA") has endured. The EULA is a familiar component of most personal computer software transactions. Many commentators, however, have maligned the practice of standard form software licensing. A survey of the literature on the subject might lead one to conclude that there are only critics--and no proponents--of EULAs.

Despite the din of criticism, EULAs continue to be widely usedby almost every mass-market software publisher, even though the cost of doing so is significant. This Article explains the value of EULAs for both software publishers and users, …

Morality: Public Policy And The Family: The Role Of Marriage And The Public/Private Divide, June Carbone

Santa Clara Law Review

No abstract provided.

Family Values, Race, Feminism And Public Policy, Twila L. Perry

Santa Clara Law Review

No abstract provided.

Family Virtues And The Common Good, Michael J. Meyer

Santa Clara Law Review

No abstract provided.

A Review Of Martha Fineman's The Neutered Mother, The Sexual Family, And Other Twentieth Century Tragedies: She Threw Out The Baby With The Old Feminisim, Eleanor Willemsen, Michael Willemsen

Santa Clara Law Review

No abstract provided.

Factor Representation In The Apportionment Of Income From Intangibles, Marissa R. Arrache

Santa Clara Law Review

No abstract provided.

California Ethics In Review 1995, Mia Francesca Fontana

Santa Clara Law Review

No abstract provided.

A Certification Rule For California, Jerome I. Braun

Santa Clara Law Review

No abstract provided.

Book Review [To Steal A Book Is An Elegant Offense: Intellectual Property Law In Chinese Civilization], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

The Spinster (1996), Hollins College

The Spinster

Yearbook of Hollins College (later University)

Characteristics And Criteria Of Effective Training, Michelle D. Yepsen

Theses

This thesis was written to center on the difficulties faced when delivering quality training to today's businesses.

Approaches to training change every year with the additions to technology, but some aspects of the field will remain the same. No matter what type of program is being designed, instructors must assess their students beforehand to ensure that training will provide what is needed.

So often, off-the-shelf training is used without consideration to the audience. The literature reviewed suggested that trainers need to tune into their subjects and work on their communication skills. Also, corporations have objectives that they expect to be …

Business And Education: A Partnership Worth Investment, Keith W. Harkins

Theses

This thesis will focus on the potential benefits of a collaboration between business and education in an effort to prepare today's youth for entry into the workforce.

The number of large companies that are becoming involved with education is steadily increasing. Many business leaders have come to realize that business has the ability to provide human and material resources that would enable schools to significantly improve the education students receive.

Student internships may provide a method for both business and education to benefit from such partnerships.

The purpose of the present study is to investigate research regarding partnerships between business …

A General Reference Guide For Sales Managers In The Printing Industry To Aid In The Training And Development Of New And Current Sales Personnel, David E. Adam

Theses

This thesis will focus on the study of general management in the printing industry and the need f or a sales management level training program.

A reference manual was developed to help management understand the skills needed to be effective in today's highly competitive printing market/industry. This manual is also a reference to assist management in evaluating their skills, the skills of those they manage, and give them needed information to increase and develop these skills.

Many mid-size printing companies don't have rigid training programs for the white collar side of their business. Many times new hires are hired based …

The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike

Vanderbilt Journal of Transnational Law

In recent years, U.S. tobacco manufacturers have responded to declining domestic consumption by aggressively promoting their products in Asia and other foreign markets. Their efforts have resulted in increased tobacco use and increased health risks in Asia. This Note discusses the legal implications of U.S. tobacco marketing in Asia, particularly the disadvantages faced by Asians who might wish to challenge U.S. tobacco manufacturers in court. The author first describes tobacco promotion In Asia and the limited potential for recovery against U.S. tobacco companies by Asian plaintiffs in their domestic courts. The Note then contrasts the limitations Asian plaintiffs face in …

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

Self-Defense, Domination, And The Social Contract, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Mitochondrial Dna Variation In Screwworm, David B. Taylor, Allen L. Szalanski, Richard D. Peterson Ii

Department of Entomology: Faculty Publications

Polymerase chain reaction-restriction fragment length polymorphism (PCRRFLP) analysis was used to characterize mitochondrial DNA (mtDNA) variation in screwworms, Cochliomyia hominivorax, and secondary screwworm, C. macellaria, from the Caribbean, North America and South America. Four amplicons, totaling 7.1 kb, were analysed with sixteen restriction enzymes. A total of 133 restriction sites was observed in the two species, 104 in C. hominivorax, of which nineteen were variable, and ninety-five in C. macellaria, none of which was variable. Fourteen mtDNA haplotypes were observed among eighteen C. hominivorax examined. Mean divergence between C. hominivorax haplotypes (d) was 0.0064 …

Reflections On The Contents Of The Lawyer's Work - Three Models Of Spirituality - And Our Struggle With Them, Charles R. Disalvo, William L. Droel

Law Faculty Scholarship

No abstract provided.