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Articles 1 - 30 of 87
Full-Text Articles in Law
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
Touro Law Review
Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Journal of Race, Gender, and Ethnicity
No abstract provided.
Settling Claims For Reparations, Daniel Butt
Settling Claims For Reparations, Daniel Butt
Journal of Race, Gender, and Ethnicity
The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling …
Reparations, Or Hush Money?, Christina Glekas
Reparations, Or Hush Money?, Christina Glekas
Journal of Race, Gender, and Ethnicity
No abstract provided.
Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day
Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reparations And The International Law Origin Story, John Linarelli
Reparations And The International Law Origin Story, John Linarelli
Journal of Race, Gender, and Ethnicity
No abstract provided.
Global Climate Governance In 3d: Mainstreaming Geoengineering Within A Unified Framework, Gabriel Weil
Global Climate Governance In 3d: Mainstreaming Geoengineering Within A Unified Framework, Gabriel Weil
Scholarly Works
The failure of conventional climate change mitigation to reduce climate-related risks to tolerable levels has spurred interest in more unconventional—and riskier—climate interventions. What currently sounds like science fiction could become a reality in the not-so-distant future: planes blasting particles into the sky to block the sun, vast deserts covered with mirrors, algae sucking carbon into the depths of the ocean. Scholars tend to lump all these unconventional climate measures together in a fuzzy category called “geoengineering,” and set them apart from conventional climate change mitigation. But the characteristics of climate interferences vary across three distinct dimensions, which the mitigation-geoengineering dichotomy …
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Touro Law Review
In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …
Is Extraterritoriality The Golden Ticket Out Of Corporate Liability? How The Modern-Day Willy Wonka’S Chocolate Factory Evaded Liability Under The Alien Tort Statute In Nestlé V. Doe, Alyaa Chace
Touro Law Review
The Alien Tort Statute (“ATS”) was drafted as part of the Judiciary Act of 1789. It was intended to provide federal courts with the jurisdiction to hear civil actions brought by foreign plaintiffs for torts committed in violation of the law of nations or other United States treaty. After a two-hundred-year dormancy period, the Statute has since been revived and become a vehicle by which foreign plaintiffs seek redress for environmental and human rights offenses carried out on foreign soil, often at the hands of United States corporations. However, the Supreme Court continues to limit the reach of the Statute, …
Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer
Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer
Touro Law Review
What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities has fractured. What had been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors, market actors assume governmental authority, markets define the territories within which law is made and applied, and the normative proscriptions of traditional law are quantified and data driven. This essay considers the way that Robert Cover’s insights on …
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Icc Should Not Encourage Occupation, Uri Weiss
The Icc Should Not Encourage Occupation, Uri Weiss
Touro Law Review
No abstract provided.
Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado
Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado
Scholarly Works
No abstract provided.
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Scholarly Works
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a one-dimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori
Touro Law Review
No abstract provided.
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
Scholarly Works
No abstract provided.
Singapore Mediation Convention Reference Book, Harold Abramson (Faculty Editor)
Singapore Mediation Convention Reference Book, Harold Abramson (Faculty Editor)
Scholarly Works
No abstract provided.
Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Touro Law Review
No abstract provided.
Introduction: Singapore Convention Reference Book, Harold Abramson
Introduction: Singapore Convention Reference Book, Harold Abramson
Scholarly Works
No abstract provided.
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Scholarly Works
In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Scholarly Works
Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …
Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin
Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin
Touro Law Review
No abstract provided.
Toward A Political Theory For Private International Law, John Linarelli
Toward A Political Theory For Private International Law, John Linarelli
Scholarly Works
Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to evaluate its claims. Private international law offers a powerful set of counterexamples that put into serious doubt attempts to link law’s authority only or primarily to relationships between states and citizens. No society, state, or other practice-mediated relationship can serve as grounds for the authority of private international law to persons to whom it applies but who are outside of such relationships. Private international law affects the normative situations of persons entirely outside …
Concept And Contract In The Future Of International Law, John Linarelli
Concept And Contract In The Future Of International Law, John Linarelli
Scholarly Works
This is an article written for a symposium on Joel Trachtman’s book, The Future of International Law. I first deal with the contractarian features of Trachtman’s approach to understanding international law. Using the tools of new institutional economics and constitutional economics, Trachtman seeks to describe the features of an international legal system. This is positive political theory or at least relates substantially to the methods of positive political theory. I explore a different approach, one connecting to normative political theory. In its ambitious sense, my approach would see international law as a form of moral argument, but in its modest …
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert
Prisoners Of War: Nazi-Era Looted Art And The Need For Reform In The United States, Jessica Schubert
Touro Law Review
No abstract provided.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano
Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano
Touro Law Review
No abstract provided.
How Trade Law Changed: Why It Should Change Again, John Linarelli
How Trade Law Changed: Why It Should Change Again, John Linarelli
Scholarly Works
No abstract provided.