Law Commons^™

Investor-State Dispute Settlement: Human Rights And Regulatory Lessons From Lilly V. Canada, Daniel J. Gervais

UC Irvine Law Review

The triangular interface between trade, intellectual property (IP) and human rights has yet to be fully formed, both doctrinally and normatively. Adding investor-state dispute settlement (ISDS) to the mix increases the complexity of the equations to solve. Two resultant issues are explored in this Article. First, the Article considers ways in which broader public policy objectives—in particular, the protection of human rights—can and should be factored into determinations of whether a state’s action is compatible with its trade obligations and commitments in the state-to-state dispute settlement context. Second, the Article examines whether doctrinal tools used in state-to-state, trade-dispute settlement to …

The Marrakesh Treaty As "Bottom Up" Lawmaking: Supporting Local Human Rights Action On Ip Policies, Molly K. Land

UC Irvine Law Review

Global intellectual property rules have had adverse consequences for the promotion and protection of a range of human rights, including the rights to food, health, water, culture, equality and non-discrimination, and freedom of expression. Nonetheless, these issues have been framed in human rights terms primarily at the international and regional levels. Domestic human rights advocates have largely not taken up the issue of how intellectual property law affects the enjoyment of human rights.

This Article argues that this incomplete translation is due to widespread reliance on a fairly narrow understanding of human rights. Human rights, when understood only as a …

Individual Choice Of Law For Indigenous People In Canada: Reconciling Legal Pluralism With Human Rights?, Ghislain Otis

UC Irvine Law Review

No abstract provided.

“This Experiment, So Fatal”: Some Initial Thoughts On Strategic Choices In The Campaign Against Solitary Confinement, Elizabeth Alexander

UC Irvine Law Review

No abstract provided.

Foreword: After Kiobel—International Human Rights Litigation In State Courts And Under State Law, Christopher A. Whytock, Donald Earl Childress Iii, Michael D. Ramsey

UC Irvine Law Review

No abstract provided.

Spatial Legality, Due Process, And Choice Of Law In Human Rights Litigation Under U.S. State Law, Anthony J. Colangelo, Kristina A. Kiik

UC Irvine Law Review

No abstract provided.

Conflict-Of-Laws Considerations In State Court Human Rights Actions, Patrick A. Borchers

UC Irvine Law Review

No abstract provided.

Corporate Human Rights Litigation In Non-U.S. Courts: A Comparative Scorecard, Michael D. Goldhaber

UC Irvine Law Review

No abstract provided.

International Human Rights Cases Under State Law And In State Courts, Paul Hoffman, Beth Stephens

UC Irvine Law Review

No abstract provided.

State Court International Human Rights Litigation: A Concerning Trend?, Austen L. Parrish

UC Irvine Law Review

No abstract provided.

State Execution Of The International Covenant On Civil And Political Rights, David Kaye

UC Irvine Law Review

No abstract provided.

State Courts And Transitory Torts In Transnational Human Rights Cases, Chimène I. Keitner

UC Irvine Law Review

No abstract provided.

The Transformation Of The State Secrets Doctrine Through Conflation Of Reynolds And Totten: The Problems With Jeppesen And El-Masri, Matthew Plunkett

UC Irvine Law Review

No abstract provided.

Orange County Human Rights Association: A New Law Student Group For A New Era, Denisha P. Mckenzie, David Rodwin

UC Irvine Law Review

No abstract provided.