Law Commons^™

Patenting Standards - A Case For Us Antitrust Law Or A Call For Recognizing Immanent Public Policy Limitations To The Exploitation Rights Conferred By The Patent Act?, Apostolos Chronopoulos

Apostolos Chronopoulos

This paper examines the adverse effect of patent ambushing on competitive conditions resulting in the distortion of the standardization process in markets where the effectiveness of competition relies heavily on standardization. The US Rambus litigation serves as a point of departure. In this case, the strategic behavior of the patentee was subjected to both an antitrust and unfair competition analysis. Both approaches display an inadequacy to squarely balance all of the conflicting interests involved. The solution proposed is to apply the patent misuse doctrine as a rule that expresses a public policy defense against patent enforcement so as to ensure …

Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri

Pier Giuseppe Monateri

The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …

新加坡En-Bloc 程序与我国拆迁制度的立法完善, Jianlin Chen, Jiongzhe Cui

Jianlin Chen

本文从政府授予的角度出发,强调解决征地问题应更着重确保私人发展商无法从征地过程获取暴利而非单单加强私人财产权的保护,对中国和新加坡两国征用权的行使这个争议颇多的问题进行了比较性研究,旨在提出一个新模式,为被拆迁居民争取更多的补偿并消除私人开发商为一己私利而在拆迁过程中滥用权利的动机。

Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic

Antonin I. Pribetic

A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …

Publication Review: Regulating Telecommunications In The Eu And China: What Lessons To Be Learned?, Xiao Ma

XIAO MA

No abstract provided.

Львова Єлизавета Олегівна. Правове Регулювання Міжнародного Економічного Правопорядку. : Дис... Канд. Наук: 12.00.11 - 2009., Elizabeth Lvova

Elizabeth Lvova

The thesis highlights the legal regulation of international economic law order (IELO). To this end the author analyzes the conceptual structure of international economic law, classic and modern approaches to the concept of international economic law, international law order, the role of Ukraine as а member of the world association in formation and development of international economic law, and also new approach to the determination of the concept and the essence of international economic law order is offered.

Introducción Al Análisis Económico Del Derecho Administrativo / Introduction To Administrative Law And Economics, Andres Palacios Lleras

Andrés Palacios Lleras

El estudio y la enseñanza del derecho administrativo colombiano dejan mucho que desear, especialmente en lo que respecta al estudio del derecho como fenómeno social. Éste tiende a ser presentado como un cuerpo de normas políticamente neutrales, construido a partir de categorías conceptuales muy abstractas, y coherente. Como resultado de ello, asume una posición “normativista” que ignora el contexto social en el que lleva a la producción e interpretación de las normas jurídicas. Este artículo sugiere que un cambio conceptual puede ser muy útil para “curar” al análisis del derecho administrativo de los males que lo aquejan. Sugiere que el …

One Of These Things Is Not Like The Others? A Comparative Analysis Of Secessionist Movements In Vermont, Quebec, Hawai'i And Kosovo, Brian M. Lusignan

Brian M Lusignan

Despite a widespread belief that support for secession is limited to society’s radical fringe, modern secessionist movements remain surprisingly legitimate. In Vermont, several well-organized secessionist groups draw on the state’s history as an independent republic to justify the state’s withdrawal from the United States. Nationwide, popular support for secession is surprisingly strong. And internationally, the right of “peoples” to self-determination is well-entrenched but riddled with complexities. Secession remains a perennially controversial and divisive subject, but one that merits debate.

This article describes the intersections between Vermont's modern secessionists, its independent history, and the international right to self-determination. The article focuses …

“Reforma Do Direito Das Sociedades Comerciais Em Espanha” [Company Law Reform In Spain], Bruno Ferreira

Bruno Ferreira

No abstract provided.

“Tendências Recentes Em Torno Do Direito De Preferência Em Aumentos De Capital” [Recent Tendencies Regarding Rights Of First Refusal In Rights Issues], Bruno Ferreira

Bruno Ferreira

No abstract provided.

Breve Recensão: "Il Nuovo Diritto Societario" [Book Review: "New Italian Company Law"], Bruno Ferreira

Bruno Ferreira

No abstract provided.

“Os Deveres De Cuidado Dos Administradores E Gerentes (Análise Dos Deveres De Cuidado Em Portugal E Nos Estados Unidos Da América Fora Das Situações De Disputa Sobre Ocontrolo Societário)” [The Duties Of Care Of Board Members And Managers (An Analysis Of The Duties Of Care In Portugal And In The United States Of America Outside Of Control Dispute Situations)], Bruno Ferreira

Bruno Ferreira

No abstract provided.

Argonauts Of The Eastern Mediterranean: Legal Transplants And Signaling, Assaf Likhovski

Assaf Likhovski

This Article tells the story of two legal cooperation projects established by the Israeli Ministry of Justice in the 1950s and 1960s. The Article argues that the history of these projects can suggest a new way of understanding the process of legal transplantation. Much of the literature on legal transplants focuses on the legal norms transplanted.

This Article seeks to shift the focus of the debate from a discussion of the legal norms transplanted to a discussion of the social acts involved in the process of transplantation. The Article argues that while transplantation may be motivated by practical considerations,such as …

Appointing Foxes To Guard Henhouses: The European Posted Workers' Directive, Aravind Ganesh

Aravind Ganesh

This note addresses certain complications inherent in governance with regards to posted workers, i.e. workers posted on a temporary basis from one Member State of the Union to another, for the provision of services in the host Member State. In particular, this note attempts to explain how the current Directive 96/71/EC (the "Posted Workers' Directive") sets out mechanisms that produce socially inefficient levels of minimum protections for such posted workers that have to be provided by their employers. This note argues that none of the methods by which host Member States may set such levels of minimum protection (namely positive …

Érték És Valóság. Gondolatok A Jóerkölcsbe Ütköző Szerződések Semmisségét Kimondó Generális Klauzuláról [On The Good Morals Clause], Gergely Deli Ll.M (Nyu), Ph.D

Gergely Deli LL.M (NYU), Ph.D

This book analyzes the good morals clause from historical and comparative (French, German, and Hungarian) aspects.

Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

It is accepted that the institution of marriage is more than economic benefits. The availability of marriage to same sex couples in eight western democratic jurisdictions exerts pressure on courts to consider the substance and ethical dimension of marriage across borders. This paper analyses the legal and ethical problems that exclusion of same sex couples from marriage generates in relation to equality and individual freedoms in a democratic society. The paper focuses on the particular case of overseas same sex married couples that seek to immigrate to England. Part I analyses the legal recognition of overseas same sex marriages under …

Universal Jurisdiction And The Case Of Belgium: A Critical Assessment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law. In 1993, the Kingdom of Belgium enacted a domestic statute, the Loi du 16 Juin, which codified (in domestic Belgian law) the use and application of universal jurisdiction (for international crimes) in Belgian courts. The Statute, which went through two major revisions in February 1999 and April 2003, granted Belgian courts jurisdiction over war crimes, crimes against humanity, and genocide, regardless of where in …

Towards A New Transitional Justice Model: Assessing The Serbian Case, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

Given the “third wave” of democratic development and entrenchment that has taken hold around the world within the past three decades, the topic of how these transitioning societies cope with the legacy of atrocity and criminality that often accompany authoritarian rule has taken on a fresh salience. The structural, ethical, legal, and political problems faced during such transitions have become the topic of a burgeoning “transitional justice” sub-field within the fields of Law and Political Science. This Article will survey key episodes of transitional justice in various countries since the 1970s, and then apply the lessons gleaned to the transition …

Guarding The Guardians: Judicial Councils And Judicial Independence, Tom Ginsburg, Nuno Garoupa

Tom Ginsburg

This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …

Constitutional Afterlife: The Continuing Impact Of Thailand's Postpolitical Constitution, Tom Ginsburg

Tom Ginsburg

Thailand’s constitution of 1997 introduced profound changes into the country’s governance, creating a “postpolitical” democratic structure in which an intricate array of guardian institutions served to limit the role of elected politicians. Ultimately, the constitutional structure was undermined in a military coup against populist billionaire Thaksin Shinawatra, who had taken over many of the institutions designed to constrain political power. Nonetheless, the 1997 constitution appears to be having a significant afterlife, in that its institutional innovations have survived the enactment of a new Constitution and continue to constrain the political process. This article describes the Thai situation and speculates on …

The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa

Tom Ginsburg

No abstract provided.

西方对待过失侵权法的态度：一项比较性的批判研究 (Western Attitudes Towards Negligence Law: A Comparative Critique), Mauro Bussani

Mauro Bussani

Black-letter tort law world is in motion. The United States is re-stating its rules of liability for physical and emotional harm, European scholars have been preparing different drafts of tort law ‘principles’ in view of a European codification, China is on the eve of a comprehensive reform of its tort liability rules, and in the middle of a lively debate on which model better fits the Chinese society’s legal needs. To modestly contribute to the latter debate, the paper addresses some methodological attitudes as against negligence liability that are widespread in the Western legal culture, and, nevertheless, are worth being …

The Common Core Sounds. Short Notes On Themes, Harmonies And Disharmonies Of European Tort Law, Marta Infantino, Mauro Bussani, Franz Werro

Marta Infantino

The goal of this paper is to present aims, methods and features of the research carried out by the ‘The Common Core of European Private Law” project in the field of tort law. Accordingly, we will first depict the immediate and long-term goals of the ‘Common Core’ endeavour, as well as its methodology and organisation. We will then illustrate the four tort law volumes that have been so far published within the project. This will lead us to find out the distinctive tenets of the Common Core approach as applied to tort law issues, and to put forward some remarks …

Banking Reform In The Chinese Mirror, Katharina Pistor

Katharina Pistor

This paper analyzes the transactions that led to the partial privatization of China’s three largest banks in 2005–06. It suggests that these transactions were structured to allow for inter-organizational learning under conditions of uncertainty. For the involved foreign investors, participation in large financial intermediaries of central importance to the Chinese economy gave them the opportunity to learn about financial governance in China. For the Chinese banks partnering with more than one foreign investor, their participation allowed them to benefit from the input by different players in the global financial market place and to learn from the range of technical and …

填补权利保护的漏洞——法国行政诉讼临时处分制度的晚近发展 [Closing The Loophole In The Protection Of Rights: Recent Developments Of The Référé Procedures In French Administrative Litigation], Yanpu Zheng, Yongxi Chen

Clement Yongxi Chen

Référé, also known as summary interlocutory procedure, is an institution of provisional protection of rights established in French administrative litigation proceedings to reduce the gap between the jurisdictional remedies and the social demands. This article reviews the evolution of référé in French administrative litigation and introduces different categories of référé procedures as well as their functions respectively in the light of recent legislation and jurisprudence of the Conseil d’Etat, so that the reform of Chinese administrative litigation system may benefit from the French experience. In particular, this article studies in details the operation of two référé procedures that are most …

La Desgracia De Lo Ajeno, Diego G. Pardow

Diego G. Pardow

No abstract provided.

Fiscalizacion Y Transparencia En Las Empresas Del Estado, Diego G. Pardow, Rodrigo Vallejo

Diego G. Pardow

This note is a comment on Chilean precedents about the political mechanisms to control state-owned enterprises.

Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

All European states ban some form of hate speech. US law precludes such bans. In view of the political and symbolic importance of free speech, it becomes tempting to assume that trans-Atlantic differences towards hate speech reflect deeper cultural divisions.

However, we must pay attention to comparative methodology before drawing ambitious conclusions about cross-cultural social and political differences that derive solely from differences in formal, black-letter norms. In this volume, Robert Post claims that formal, constitutional requirements of content-neutral regulation reflect a freer public sphere in the US, in contrast to the European public sphere.

Yet a legal-realist approach casts …