Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (25)
- International courts (5)
- International law (4)
- United States (4)
- Alien Tort Claims Act (3)
-
- Constitutional law (3)
- Intellectual property (3)
- Intellectual property (International law) (3)
- International criminal law (3)
- Justice (3)
- Treaties (3)
- Civil rights (2)
- Conflict of laws (2)
- Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5) (2)
- Emigration and immigration law (2)
- Equality before the law (2)
- European Court of Human Rights (2)
- European Union (2)
- Government liability (2)
- Indigenous peoples (2)
- Same-sex marriage--Law and legislation (2)
- Terrorism (2)
- Abortion--Law and legislation (1)
- Accomplices (1)
- Africa (1)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) (1)
- Alien Tort Claims Act (United States) (1)
- Authors and publishers (1)
- Chagossians (1)
- Child welfare (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 52 of 52
Full-Text Articles in Law
The New Innovation Frontier? Intellectual Property And The European Court Of Human Rights, Laurence R. Helfer
The New Innovation Frontier? Intellectual Property And The European Court Of Human Rights, Laurence R. Helfer
Faculty Scholarship
This article provides the first comprehensive analysis of the intellectual property case law of the European Court of Human Rights ("ECHR"). Within the last three years, the ECHR has issued a trio of intellectual property rulings interpreting the right of property protected by the European Convention on Human Rights. These decisions, which view intellectual property through the lens of fundamental rights, have important consequences for the region's innovation and creativity policies. The cases are also emblematic of a growing number of controversies in domestic and international law over the intersection of human rights, property rights, and intellectual property. The article …
The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo
The Lost Sanctuary: Examining Sex Trafficking Through The Lens Of United States V. Ah Sou, M. Margaret Mckeown, Emily Ryo
Faculty Scholarship
No abstract provided.
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris
Faculty Scholarship
On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.
Redesigning The European Court Of Human Rights: Embeddedness As A Deep Structural Principle Of The European Human Rights Regime, Laurence R. Helfer
Redesigning The European Court Of Human Rights: Embeddedness As A Deep Structural Principle Of The European Human Rights Regime, Laurence R. Helfer
Faculty Scholarship
The European Court of Human Rights (ECHR) is the crown jewel of the world’s most advanced international system for protecting civil and political liberties. In recent years, however, the ECHR has become a victim of its own success. The Court now faces a docket crisis of massive proportions, the consequence of the growing number of states subject to its jurisdiction, its favourable public reputation, its expansive interpretations of individual liberties, a distrust of domestic judiciaries in some countries, and entrenched human rights problems in others. In response to this growing backlog of individual complaints, the Council of Europe has, over …
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami
Faculty Scholarship
This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …
Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root
Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root
Faculty Scholarship
No abstract provided.
Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer
Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer
Faculty Scholarship
This Article, prepared for a Symposium on Intellectual Property and Social Justice held at the University of California at Davis School of Law in March 2006, addresses the growing intersection of human rights law and intellectual property law. Its principal point of departure is a November 2005 General Comment on "the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author" - a relatively obscure provision of the International Covenant on Economic, Social and Cultural Rights. The Article builds upon the analysis …
A System Of Wholesale Denial Of Rights, Michael E. Tigar
A System Of Wholesale Denial Of Rights, Michael E. Tigar
Faculty Scholarship
No abstract provided.
The Limits Of Courage And Principle, Jedediah Purdy
The Limits Of Courage And Principle, Jedediah Purdy
Faculty Scholarship
Reviewing Michael Ignatieff, The Lesser Evil: Political Ethics in an Age of Terror (2004)
Universal Rights And Wrongs, Michael E. Tigar
Universal Rights And Wrongs, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer
Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer
Faculty Scholarship
Human rights and intellectual property, two bodies of law that were once strangers, are becoming increasingly intimate bedfellows. Over the past three years, human rights bodies within the United Nations have devoted unprecedented attention to intellectual property issues, including patented medicines, digital copyrights, technology transfers, economic, social and cultural rights, plant variety protection, and economic development. Unlike the approaches adopted in established intellectual property lawmaking organizations such as the WTO and WIPO, the new human rights approach to intellectual property is often critical of existing standards of protection and it seeks to address legal and policy issues that intellectual property …
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Faculty Scholarship
This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …
Book Review, Matthew D. Adler
Terrorism And Human Rights, Michael E. Tigar
Terrorism And Human Rights, Michael E. Tigar
Faculty Scholarship
No abstract provided.
European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer
European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Forum Shopping For Human Rights, Laurence R. Helfer
Forum Shopping For Human Rights, Laurence R. Helfer
Faculty Scholarship
The article analyzes a growing trend in international human rights law: the submission of petitions by aggrieved individuals to multiple human rights courts, tribunals, or treaty bodies, each of which is authorized to review the petition and to determine whether the individuals? rights have been violated. Most commentators have viewed this practice of "forum shopping for human rights" as a danger to be avoided. This article questions that conventional wisdom and offers in its place a re-envisioning of the human rights petition system. Although efficiency, finality and other concerns weigh against some varieties of duplicative review, this article argues that …
Concretizing Human Rights, Laurence R. Helfer
Concretizing Human Rights, Laurence R. Helfer
Faculty Scholarship
reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Faculty Scholarship
No abstract provided.
Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer
Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Lesbian And Gay Rights As Human Rights: Strategies For A United Europe, Laurence R. Helfer
Lesbian And Gay Rights As Human Rights: Strategies For A United Europe, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Finding A Consensus On Equality: The Homosexual Age Of Consent And The European Convention On Human Rights, Laurence R. Helfer
Finding A Consensus On Equality: The Homosexual Age Of Consent And The European Convention On Human Rights, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar
Faculty Scholarship
No abstract provided.