Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 31

Full-Text Articles in Law

A New Dawn For The Common Law: A Proposal For A New Court System For The Asean Trade In Goods Agreement, Nicholas R. Gucciardo Nov 2023

A New Dawn For The Common Law: A Proposal For A New Court System For The Asean Trade In Goods Agreement, Nicholas R. Gucciardo

William & Mary Business Law Review

The Association of Southeast Asian Nations (ASEAN) formed the ASEAN Trade in Goods Agreement (ATIGA) to facilitate trade liberalization between the bloc’s members. The ASEAN Member States have continued to implement the agreement according to the dispute settlement mechanism set out in the ASEAN Protocol on Enhanced Dispute Settlement Mechanism (Protocol). However, this Note will argue that the current dispute settlement mechanism (DSM) is inadequate because the panel system does not always provide a final forum for disputes between Member States. A new mechanism is necessary to better adhere to the principles of the ASEAN Charter, strengthen Southeast Asia as …


The Unified Field Solution To The Battle Of The Forms Under The U.N. Sales Convention, Michael P. Van Alstine Oct 2020

The Unified Field Solution To The Battle Of The Forms Under The U.N. Sales Convention, Michael P. Van Alstine

William & Mary Law Review

Ours is not an age of nuance. Simple and certain answers are the preferred course, the more so for complicated questions. But human affairs do not come in neat little boxes, and most forms of human interaction are messy, complicated, and idiosyncratic. The station of the law nonetheless is to distill commonalities, draw lines, and craft generally applicable norms of conduct. The problem is that as the subject of regulation grows in complexity and diversity, the ability of the law to make just generalizations decreases. And many fields of human activity reflect a true spectrum, such that certain rules and …


Charter Cities, Lan Cao Mar 2019

Charter Cities, Lan Cao

William & Mary Bill of Rights Journal

No abstract provided.


The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen Apr 2018

The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen

William & Mary Environmental Law and Policy Review

No abstract provided.


Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg Apr 2017

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.


Fueled By Free Trade: Wto Trade Agreements Ensuring The Proliferation Of Solar Technology, John Ferriss May 2015

Fueled By Free Trade: Wto Trade Agreements Ensuring The Proliferation Of Solar Technology, John Ferriss

William & Mary Environmental Law and Policy Review

No abstract provided.


Boosting The Private Space Industry: Extending Nasa’S Duty-Free Import Exemption To Commercial Space Companies, Katherine Gustafson Feb 2015

Boosting The Private Space Industry: Extending Nasa’S Duty-Free Import Exemption To Commercial Space Companies, Katherine Gustafson

William & Mary Business Law Review

The United States has a strong reputation for being at the forefront of space exploration. The commercial space industry in the United States is flourishing, yet the United States government is not effectively using its resources to help the industry. Currently, the United States government has some policies in place that promote the private space sector. Nonetheless, the government favors its own failing agency, NASA, by giving it extra benefits in the form of exemptions from import duties. Extending an exemption from import duties to the commercial space industry, however, would have several beneficial effects on the United States that …


The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent Dec 2014

The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent

William & Mary Environmental Law and Policy Review

This Article begins by looking at how China has moved forward in embracing green technology development, the government’s role in that growth and whether its support is truly harmful on a global scale. It highlights key laws in the United States and the WTO involving trade—specifically subsidies, countervailing duties and anti-dumping regulations. An examination of recent trade cases involving the United States and China is followed by an analysis of America’s recent trade-oriented actions and legislation. Lastly, this Article will consider the legal implications of recent trade developments between these countries as well as policy implications, including the effect on …


Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova Dec 2013

Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova

William & Mary Environmental Law and Policy Review

No abstract provided.


Avoiding Fcpa Suprises: Safe Harbor From Successor Liability In Cross-Border Mergers And Acquisitions, Adam Prestidge Oct 2013

Avoiding Fcpa Suprises: Safe Harbor From Successor Liability In Cross-Border Mergers And Acquisitions, Adam Prestidge

William & Mary Law Review

No abstract provided.


Taming The Fcpa Overreach Through An Adequate Procedures Defense, Dieter Juedes Feb 2013

Taming The Fcpa Overreach Through An Adequate Procedures Defense, Dieter Juedes

William & Mary Business Law Review

Currently many American corporations must pursue and develop international business relationships. For these American firms, the Foreign Corrupt Practices Act (FCPA) is the most important U.S. law governing international commerce. The FCPA prohibits firms from bribing foreign officials for the purpose of obtaining or retaining business in a foreign country. Despite its infrequent use during the last quarter of the twentieth century, Department of Justice (DOJ) and Securities and Exchange Commission (SEC) enforcement actions under the statute have exploded in the last few years. Due to this increase in enforcement and the difficulties in complying with the FCPA, the anti-bribery …


Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii Nov 2012

Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii

William & Mary Law Review

No abstract provided.


Free Trade And Sustainability Through The Lens Of Nicaragua: How Cafta-Dr Should Be Amended To Promote The Triple Bottom Line, Paulette L. Stenzel Apr 2010

Free Trade And Sustainability Through The Lens Of Nicaragua: How Cafta-Dr Should Be Amended To Promote The Triple Bottom Line, Paulette L. Stenzel

William & Mary Environmental Law and Policy Review

No abstract provided.


Courting Specialization: An Empirical Study Of Claim Construction Comparing Patent Litigation Before Federal District Courts And The International Trade Commission, David L. Schwartz Apr 2009

Courting Specialization: An Empirical Study Of Claim Construction Comparing Patent Litigation Before Federal District Courts And The International Trade Commission, David L. Schwartz

William & Mary Law Review

The United States International Trade Commission (ITC) has recently become an important adjudicator of patent infringement disputes, and the administrative law judges (ALJs) on the ITC are widely viewed as experts on patent law. This Article empirically examines the performance of the ITC in patent claim construction cases. The Article also compares the performance of the ITC on claim construction with that of federal district courts of general jurisdiction. This study does not find any evidence that the patent-experienced ALJs of the ITC are more accurate at claim construction than district court judges or that the ALJs learn from the …


Gently Modified Operations: How Environmental Concerns Addressed Through Customs Procedures Can Successfully Resolve The Us-Eu Gmo Dispute, David E. Sella-Villa Apr 2009

Gently Modified Operations: How Environmental Concerns Addressed Through Customs Procedures Can Successfully Resolve The Us-Eu Gmo Dispute, David E. Sella-Villa

William & Mary Environmental Law and Policy Review

No abstract provided.


A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud Apr 2006

A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud

William & Mary Environmental Law and Policy Review

No abstract provided.


The Jordan Free Trade Agreement: Free Trade And The Environment, Emily Harwood Dec 2002

The Jordan Free Trade Agreement: Free Trade And The Environment, Emily Harwood

William & Mary Environmental Law and Policy Review

No abstract provided.


Importing Death As A Part Of Free Trade: An Argument For A Prohibition On The Importation Of Foods Containing The Residue Of Banned Pesticides, Derek Redmond Oct 2002

Importing Death As A Part Of Free Trade: An Argument For A Prohibition On The Importation Of Foods Containing The Residue Of Banned Pesticides, Derek Redmond

William & Mary Environmental Law and Policy Review

No abstract provided.


In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King Apr 2002

In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King

William & Mary Law Review

No abstract provided.


European Environmental Policy And Its Effects On Free Trade, Natalie Collins Oct 2001

European Environmental Policy And Its Effects On Free Trade, Natalie Collins

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Survey Of Wto Dispute Panel Decisions Since 1995: "Trade At All Costs?", Craig A. A. Dixon Feb 2000

Environmental Survey Of Wto Dispute Panel Decisions Since 1995: "Trade At All Costs?", Craig A. A. Dixon

William & Mary Environmental Law and Policy Review

No abstract provided.


Evaluating U.S. Endangered Species Legislation - The Endangered Species Act As An International Example, Charlene D. Daniel Apr 1999

Evaluating U.S. Endangered Species Legislation - The Endangered Species Act As An International Example, Charlene D. Daniel

William & Mary Environmental Law and Policy Review

No abstract provided.


Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride Oct 1998

Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride

William & Mary Environmental Law and Policy Review

No abstract provided.


Globalizing The Environment, David A. Wirth Apr 1998

Globalizing The Environment, David A. Wirth

William & Mary Environmental Law and Policy Review

No abstract provided.


The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy Apr 1998

The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy

William & Mary Environmental Law and Policy Review

No abstract provided.


Trips Article 27.2: An Argument For Caution, M. Bruce Harper Apr 1997

Trips Article 27.2: An Argument For Caution, M. Bruce Harper

William & Mary Environmental Law and Policy Review

No abstract provided.


Harmonization Of Automobile Emission Standards Under International Trade Agreements: Lessons From The European Union Applied To The Wto And The Nafta, William F. Dietrich Mar 1996

Harmonization Of Automobile Emission Standards Under International Trade Agreements: Lessons From The European Union Applied To The Wto And The Nafta, William F. Dietrich

William & Mary Environmental Law and Policy Review

No abstract provided.


A Survey Of The Enforcement Of International Wildlife Trade Regulation Under United States Law, Jennifer Zoe Brooks Apr 1993

A Survey Of The Enforcement Of International Wildlife Trade Regulation Under United States Law, Jennifer Zoe Brooks

William & Mary Environmental Law and Policy Review

No abstract provided.


Nuclear Transition: From Three Mile Island To Chernobyl, Joseph P. Tomain, Constance Dowd Burton Apr 1986

Nuclear Transition: From Three Mile Island To Chernobyl, Joseph P. Tomain, Constance Dowd Burton

William & Mary Law Review

No abstract provided.


Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau Mar 1968

Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau

William & Mary Law Review

No abstract provided.