Law Commons^™

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 …

Linking International Markets And Global Justice, Jeffrey L. Dunoff

Michigan Law Review

The U.S. government is the planet's largest purchaser of goods and services; worldwide, states spend trillions of dollars on procurement each year. Yet legal scholarship has devoted relatively limited attention to the conceptual and normative issues that arise when states enter the market. Should states as purchasers be permitted to "discriminate" to advance social objectives - say, racial justice - in ways that would be unlawful when they act as regulators? Is each country free to strike its own balance between the pursuit of economic and social objectives through procurement, or do international trade norms limit state discretion in the …

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 Fundamental Misunderstanding: Fcc Implementation Of U.S. Wto Commitments, Laura B. Sherman

Federal Communications Law Journal

In bilateral and multilateral trade agreements, the United States has agreed to open the market for telecommunications services to foreign service suppliers, an obligation implemented by the FCC since 1998. In contrast, the United States has made no commitments with respect to broadcasting services or broadcast licenses. This article clarifies the different treatment of telecommunications services and broadcast services in U.S. trade obligations and FCC orders.

Nafta Cross-Border Trucking: Mexico Retaliates After Congress Stops Mexican Trucks At The Border, Chad Macdonald

Vanderbilt Journal of Transnational Law

The North American Free Trade Agreement (NAFTA) entitles Mexican tractor-trailers to enter the U.S. to deliver cargo from Mexico. In spite of NAFTA, the U.S. has only allowed Mexican trucks to operate in the U.S. during a controversial demonstration project that granted U.S. operating licenses to a select number of Mexican trucks during the Bush administration. The dispute over NAFTA's cross-border trucking provisions climaxed on March 16, 2009, when Mexico imposed $2.4 billion in retaliatory tariffs on U.S. imports in response to U.S. noncompliance.

This Note chronicles the U.S.-Mexico cross-border trucking dispute and argues that the U.S. should re-start a …

Imbalance Of Power: Procedural Inequities Within The Wto Dispute Settlement System, Amanda Bergstrom

Global Business & Development Law Journal

No abstract provided.

Conserving Marine Wildlife Through World Trade Law, Eric A. Bilsky

Michigan Journal of International Law

Part I of this Essay marshals the evidence that fisheries around the world are in peril from destructive fishing practices. Part II argues that most fisheries management regimes are ineffective at counteracting the political pressures and economic incentives that lead to unsustainable fishing. Part III makes the case that government subsidies are major enablers of overfishing. The fourth and final Part discusses the continuing efforts to use international trade regulation to eliminate overfishing subsidies and halt the collapse of the world's marine fish populations.

U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez

ILSA Journal of International & Comparative Law

For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.

Current And Future Issues In International Space Law, Professor Henry Hertzfeld

ILSA Journal of International & Comparative Law

Space law is a relatively new area of law and is based mainly on a set of United Nations (U.N.) Treaties negotiated during the 1960s and 1970s.

Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin

ILSA Journal of International & Comparative Law

A strong discussion has taken place in Mexico since the beginning of this millennium concerning the legal reform of the energy sector, particularly the Mexican government's oil company, Petr6leos Mexicanos (Pemex).

Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano

ILSA Journal of International & Comparative Law

The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.

The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea

ILSA Journal of International & Comparative Law

The relationship between the United States and international criminal tribunals has lasted for almost 100 years at least.

The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson

ILSA Journal of International & Comparative Law

The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.

Legal Limbo: Where Should The Guantanamo Uighurs Be Released?, William L. Tucker

ILSA Journal of International & Comparative Law

The September 11, 2001 attacks on the United States shocked the world's conscience and changed the American public's feeling of vulnerability.

"Several Healthy Steps Away": New & Improved Products In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009), Steven E. Adkins, John Evans

UIC Review of Intellectual Property Law

A business that imports “new and improved,” or redesigned, products into the United States should be aware of the procedures available to lessen the risk of violating standing orders of the United States International Trade Commission (“Commission”). In order to ensure that these products gain entry without violating an ITC order and accruing substantial penalties, it is imperative that the business know its options. Whether it requests a Customs ruling or uses a certification, or whether it petitions for an advisory opinion from the Commission, the business must be able to maneuver. This nuts-and-bolts guide provides examples and information on …

University Research Under Siege: How The War On Terror Has Placed Academic Freedom Under Fire, 26 J. Marshall J. Computer & Info. L. 547 (2009), James Templin

UIC John Marshall Journal of Information Technology & Privacy Law

The Comment analyzes the proposed revisions to United States export regulations contained in the Deemed Export Advisory Committee’s 2007 report. While the Advisory Committee’s work was much needed and its recommendations laudable, this comment discusses why its recommendations must be narrowly tailored in order to preserve the competitiveness of U.S. businesses and universities in the globalizing world and to advance national security. Part II explains the regulations that govern U.S. exports, including the deemed export regulatory regime and how those rules implement a range of national obligations and interests. This Part also discusses the events that threatened to significantly burden …

Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng

Richmond Journal of Global Law & Business

No abstract provided.

Binding Non-Signatories To International Arbitration Agreements: Raising Fundamental Concerns In The United States And Abroad, Tae Courtney

Richmond Journal of Global Law & Business

No abstract provided.

A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares

Vanderbilt Journal of Transnational Law

The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. This disparity transcends Case Type, Party Identity, Income Level, and other litigant-specific characteristics. After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators' notorious decisions, that biased …

Investing In Culture: Underwater Cultural Heritage And International Investment Law, Valentina S. Vadi

Vanderbilt Journal of Transnational Law

Underwater cultural heritage (UCH), which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history. Recent technologies have allowed the recovery of more and more shipwrecks by private actors who often retrieve materials from shipwrecks to sell them. Not all salvors conduct proper scientific inquiry, conserve artifacts, and publish the results of the research; more often, much of the salvaged material is sold and its cultural capital dispersed. Because states rarely have adequate funds to recover ancient shipwrecks and manage this material, however, …

"Shelter Chic": Can The U.S. Government Make It Work?, Kristina R. Montanaro

Vanderbilt Journal of Transnational Law

This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices. The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts. In making these contributions, the CBP relied on its emergency authority and a presidential proclamation to avoid basic statutory requirements that it (a) obtain consent from the right holders and (b) de-trademark counterfeit goods prior to donation. While the donations inarguably benefitted countless disaster victims and freed up valuable CBP warehouse space, they may have had a detrimental …

Promises Of Accession: Reassessing The Trade Relationship Between Turkey And The European Union, Fernanda Nicola

American University International Law Review

No abstract provided.

Cartel Price Controls Vs. Free Trade: A Study Of Proposals To Challenge Opec's Influence In The Oil Market Through Wto Dispute Settlement, Tim Carey

American University International Law Review

No abstract provided.

Foreign Direct Investment In The United States: Achieving A Balance Between National Economy Benefits And National Security Interests, Joanna Rubin Travalini

Northwestern Journal of International Law & Business

This Note addresses the transformation of foreign direct investment in the United States in light of heightened national security standards since the September 11, 2001 attacks and highlights the treatment of three cross- border deals that made U.S. government officials question the thoroughness of foreign investment review policies. Despite the enactment of stricter guidelines in the review of foreign investment transactions, Congress must reexamine the extent of its influence in the process to ensure the retention of open and consistent foreign investment policies in the United States while preserving the best interests of those within its borders.

Navigating The Turbulent Waters Connecting The World Trade Organization And Corporate Social Responsibility, Gustavo Ferreira Ribeiro

Indiana Journal of Global Legal Studies

This paper uses the metaphor of a fisherman's journey into the World Trade Organization (WTO) and Corporate Social Responsibility (CSR) "seas" to explore the relationship between them. It is intended to provide the reader with a basic understanding of this relationship. An argument can be made that the WTO and CSR waters are not connected at all: the WTO is an intergovernmental organization regulating rights and duties of its members (mainly states), while CSR concerns primarily non-governmental initiatives dealing with corporate behavior, such as voluntary codes of conduct and certification processes involving social and environmental standards. However, this paper explores …

Analysis Of Multilateral Agreements, Public- Private Partnerships, And Tax Incentives Driving International Trade In Clean Technology, Alexander C. Hoover

Sustainable Development Law & Policy

No abstract provided.

The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine

Richmond Journal of Global Law & Business

President Jimmy Carter terminated diplomatic relations be- tween the United States and the Republic of China (the ROC) or Taiwan on January 1, 1979, and Congress enacted the Taiwan Relations Act of 1979 (the TRA), effective on April 10, 1979, in order to replace the former diplomatic relations. The question then arose as to whether United States courts must recognize and enforce judgments of Taiwanese courts with respect to third-country plaintiffs who have prevailed over Taiwanese defendants. If so, then such third-country plaintiffs would be able to rely on the principles of res judicata and collateral estoppel in United States …

Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih

Richmond Journal of Global Law & Business

No abstract provided.

Replacing Slingshots With Swords: Implications Of The Antigua-Gambling 22.6 Panel Report For Developing Countries And The World Trading System, Georgia Hamann

Vanderbilt Journal of Transnational Law

In December 2007, the WTO awarded Antigua the right to suspend TRIPS obligations at a value of $21 million. This decision represents the WTO's continuing evolution into a body capable of addressing the concerns of developed countries while balancing the legitimate interests of developed nations. For the second time, the WTO has authorized suspension of intellectual property protection under the TRIPS agreement. Such a remedy, if widely adopted, has the capacity to address concerns surrounding effective retaliation by small economies versus large economies, which traditionally have discouraged developing countries from participating in WTO dispute resolution. Additionally, the remedy seems likely …

Terroir Vs. Trademarks: The Debate Over Geographical Indications And Expansions To The Trips Agreement, Emily C. Creditt

Vanderbilt Journal of Entertainment & Technology Law

The ever expanding global marketplace and increasing sophistication of consumers has led to a heightened desire for high-quality wines, spirits and food products that derive their unique characteristics from the geographical region from which they originate. The particular geographic identity of a product, known as a "geographical indication" can increase the marketability and value of any number of consumer goods, from wines and spirits to rice and cheese. The desire to protect geographical indications from misappropriation and abuse eventually led to the adoption of the Agreement on Trade-Related Aspects for Intellectual Property Rights (TRIPS Agreement) during the establishment of the …