Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (34)
- Criminology (34)
- Criminology and Criminal Justice (34)
- Legal Studies (34)
- Social and Behavioral Sciences (34)
-
- Sociology (34)
- Intellectual Property Law (13)
- Antitrust and Trade Regulation (9)
- International Law (9)
- International Trade Law (5)
- Conflict of Laws (3)
- Bankruptcy Law (1)
- Business Organizations Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Consumer Protection Law (1)
- Dispute Resolution and Arbitration (1)
- Entertainment, Arts, and Sports Law (1)
- Internet Law (1)
- Legal Remedies (1)
- Religion Law (1)
- Science and Technology Law (1)
- Taxation-Transnational (1)
- Keyword
-
- International law (19)
- Technology (13)
- Continuing legal education (12)
- Database (12)
- Internet (12)
-
- Intranet (12)
- Journal (12)
- Law (12)
- Legal (12)
- Legal careers (12)
- Management (12)
- Marketing (12)
- NJTIP (12)
- Northwestern Journal of Technology and Intellectual Property (12)
- Northwestern University (12)
- Online legal guidance (12)
- Perspective (12)
- Software (12)
- IP infringement (11)
- IP protection (11)
- Infringement (11)
- Infringers (11)
- Intellectual property (11)
- Intellectual property assets (11)
- Intellectual property protection (11)
- Kellogg School of Business (11)
- Licensing (11)
- Managing intellectual property (11)
- Silicon Valley (11)
- Value of IP (11)
Articles 31 - 60 of 75
Full-Text Articles in Law
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Northwestern Journal of International Law & Business
This paper examines the conventional wisdom concerning competition advocacy, paying particular attention to the applicability of such wisdom to developing countries. The definition of competition advocacy, its evaluation, and the likelihood of its successful implementation are discussed in some detail. The paper concludes with a call for considerably more thought about what, hitherto, has been one of the relatively uncontroversial aspects of many competition authorities' activities.
Personal Jurisdiction For Internet Torts: Towards An International Solution, Holger P. Hestermeyer
Personal Jurisdiction For Internet Torts: Towards An International Solution, Holger P. Hestermeyer
Northwestern Journal of International Law & Business
As an introduction to the issue of Internet tort jurisdiction, Part I will recount the Yahoo! case, the most divisive case on the issue recently. Parts II and III will give an overview of the current law on Internet tort jurisdiction in two different legal systems: the United States and Germany. They will show that several recent cases in both countries have applied targeting approaches as advocated by Michael Geist and Rufus Pichler. However, insecurity remains and jurisprudence is far from consistent. Part IV will argue that insecurity about Internet jurisdiction could be reduced significantly if countries were to commit …
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Northwestern Journal of International Law & Business
This article attempts to emphasize that the choice of law analysis in China is distinct from that of other countries, despite the fact that many of the theories and approaches originate in Western countries. The underlying argument is that the ongoing economic reform in China has become a dramatic and driving force for change in the country. This change necessarily shapes the development of choice of law in China in a unique way, and also de. monstrates how China is getting closer to the rest of world while searching for the "China brand" theory and approach in this regard. What …
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Northwestern Journal of International Law & Business
For years, U.S. courts took a highly deferential, "hands-off' approach to litigation involving a foreign sovereign. However, recent case law out of the D.C. Circuit has radically diminished the jurisdictional elements that plaintiffs must establish before a U.S. court will assert its power to enforce an arbitral award against a foreign state or state agency. This Article investigates this recent shift and describes what contacts, if any, a foreign state or state agency must have with the United States before a U.S. court will assert jurisdiction under sections 1605(a)(1) and 1605(a)(6) of the U.S. Foreign Sovereign Immunities Act ("FSIA").4 This …
Bilateralism Under The World Trade Organization, Y.S. Lee
Bilateralism Under The World Trade Organization, Y.S. Lee
Northwestern Journal of International Law & Business
The establishment of the World Trade Organization ("WTO"), which replaced the five decades of the General Agreement on Tariffs and Trade ("GATT") regime,' has significantly reinforced multilateral control over international trade on a global scale. As of October 2005, membership in the WTO has reached 148 nations, including the majority of former Soviet bloc and other communist countries,2 making the WTO the "United Nations of International Trade.",3 WTO disciplines have significant impact on world trade today; they have been enforced by the monitoring activities of various WTO bodies and by strengthened dispute resolution mechanisms. In addition, a significant number of …
A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato
A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato
Northwestern Journal of International Law & Business
The goal of this article is to compare the protections offered to minority shareholders by the Italian system of corporate law with those offered by the U.S. legal system of corporate and securities law in order to determine if Parmalat's minority shareholders would have been better off had Parmalat been an American company listed in the U.S. financial market. This analysis will reveal several weaknesses in Italian corporate and securities laws, thereby providing a basis for suggestions on how to improve minority shareholders' rights in Italy based on the U.S. experience. Section II of this paper provides an overview of …
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Northwestern Journal of International Law & Business
While the economy continues to grow on a global scale, large companies seeking to stay competitive must look to international markets as a means of expansion and trade. As international mergers become a more common means of accomplishing these goals, an increasing number of countries are adopting competition laws. Unfortunately, the laws of different countries and regions can, and do, come into conflict. This paper examines the merger control laws of both the United States and the European Union, why these laws sometimes conflict, and provides suggestions for possible solutions for minimizing future conflicts. Part II reviews the relevant merger …
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Northwestern Journal of International Law & Business
This issue sheds light on the meaningful themes which are the driving forces in the global sphere of competition law and policy. It is also pertinent to note that the timing of this symposium is unique and coincides with the annual conference of the International Competition Network (ICN) to be held in South Africa in May 2006. The ICN is the only international body devoted exclusively to competition law enforcement and it consists of some ninety-four competition authorities from eighty-three countries. It has also become the premier international discussion forum on competition issues. With great pride, I invite you to …
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Northwestern Journal of International Law & Business
Japan's New Merger Guidelines ("New Merger Guidelines"), issued by the Japan Fair Trade Commission ("JFTC") in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan's New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan's New Merger Guidelines and the U.S. Horizontal Merger Guidelines ("U.S. Merger Guidelines"), Japan's New Merger Guidelines are unlikely to be a "success" in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition agencies. Although Japan is far from a …
Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham
Northwestern Journal of International Law & Business
This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
Northwestern Journal of International Law & Business
Just as the first merger wave of the late 1880's in the United States resulted in the birth of Sherman Act, the recent global merger wave of the early 2000's, coupled with the growing liberalization of trade, prompted a large number of developing and transitional economies to adopt competition laws. Pakistan is one of the few developing countries with a competition law in place for more than three decades: the Monopolies and Restrictive Trade Practices Ordinance of 1970 ("MRTPO" or the "Ordinance"). While the Ordinance contained fairly strong provisions, the agency entrusted to implement it, the Monopolies Control Authority ("MCA"), …
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Northwestern Journal of International Law & Business
This paper will address the political economy of competition law in Thailand. Section II will provide a historical perspective of Thai Competition Law. Section III will show what went wrong with the law's implementation since its promulgation in 1999. Section IV will assess the implications of the lack of competition law enforcement on business conduct and the establishment of a competition regime in Thailand. Section V will summarize major lessons learned in the Thai case that may be relevant to other developing countries considering adopting such a law or facing difficulties in its implementation. Finally, Section VI will draw conclusions …
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Northwestern Journal of International Law & Business
Adopting competition laws is part-and-parcel of a global trend. Indeed, it is striking to see how many countries first implemented competition laws within the last twenty-five years. In 2000, Frederic Jenny commented that "today between 80 and 100 countries have a competition law or are in the process of adopting one whereas ten years ago no more than 50 countries had such a law." This compares to less than ten countries in 1960. Promulgated by a Presidential Order on February 4, 1991 and coming into force one year thereafter, Taiwan's Fair Trade Act ("FTA") must be interpreted in this context. …
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Northwestern Journal of International Law & Business
South Africa's new competition policy and law were drafted during the early years of South Africa's new democracy, a period characterized by important domestic policy and regulatory reform. These reforms were not only part of the comprehensive program for the country's economic, social, and political transformation, but also its integration into the global economy after decades of isolation under the apartheid regime. In the case of competition policy, however, concerns about specific development challenges entrenched by the previous era of political and economic control, had to be explicitly reflected in the new South Africa's law and policy. It was clear …
The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta
The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta
Northwestern Journal of International Law & Business
In 2005, the United States signed a treaty that, if ratified, would be the United States' first-ever international agreement on judgment enforcement. The treaty provides that (a) where two commercial parties elect to resolve disputes between them in a particular forum, and (b) a judgment issues from that forum, then (c) all member states must enforce the judgment. It is a document driven by party autonomy; absent a choice of court agreement (in U.S. parlance, a choice of forum clause), the treaty has no meaning or applicability. The treaty's signing was the end of a rigorous journey. The United States …
Defragmenting World Trade, Sungjoon Cho
Defragmenting World Trade, Sungjoon Cho
Northwestern Journal of International Law & Business
The global trading community is in a state of deep crisis. Its main system, multilateralism, has recently been clogged by viscous trade barriers created by a proliferation of bilateral, regional trading blocs. Globalization offers a worldwide "production value chain" which enables even small economies to take part in the global commerce by offering raw materials or labor. In fact, small economies hold a comparative advantage at certain stages of the international manufacturing process.1 However, the current pattern of regional trading blocs militates against such participation by erecting new barriers against non-members and thus compartmentalizing the global market.2 This is not …
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Northwestern Journal of International Law & Business
The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the …
Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes
Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes
Northwestern Journal of International Law & Business
In the spring and summer of 2005, the headlines of America's major newspapers provided a constant reminder of an issue about which Americans have grown increasingly worried: data security. Rather than publicizing the war in Iraq or the buzz over potential Supreme Court nominees, these headlines warned: "Info theft slams chain: 1.4 million card numbers stolen;" "Poll Says Identity Theft Concerns Rose After High-Profile Breaches;" "Data Security Breaches Alarm Consumers." In the previous few months, a series of high-profile companies such as Bank of America, Reed Elsevier Group's LexisNexis, PayMaxx, Choice Point, and SAIC had announced that millions of records …
Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop
Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop
Northwestern Journal of International Law & Business
At first glance, it does not appear that taxation issues facing the international athlete and developing free trade between North and South America are closely related; they represent very different aspects of cross-border transactions and investment. On the other hand, they may be related when viewed as sequential steps in the process toward developing sustained economic relationships. This article will attempt to bridge that gap. First, Part II of this article discusses the current United States approach toward taxation of international athletes. Next, Part III reviews the history and issues facing tax treaty negotiations between the United States and developing …
Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey
Investigation Of Halliburton Co./Tskj's Nigerian Business Practices: Model For Analysis Of The Current Anti-Corruption Environment On Foreign Corrupt Practices Act Enforcement, Barbara Crutchfield George, Kathleen A. Lacey
Journal of Criminal Law and Criminology
No abstract provided.
Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern
Preindictment Prosecutorial Conduct In The Federal System Revisited, James F. Holderman, Charles B. Redfern
Journal of Criminal Law and Criminology
No abstract provided.
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
A Patient-Centered Approach To Health Care Fraud Recovery, Joan H. Krause
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe
Foreword: A Golden Age Of White-Collar Criminal Prosecution, Russell J. Chibe
Journal of Criminal Law and Criminology
No abstract provided.
Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson
Foreword: Separate But Equal In Prison: Johnson V. California And Common Sense Racism, James E. Robertson
Journal of Criminal Law and Criminology
No abstract provided.
Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport
Deportation And Driving: Felony Dui And Reckless Driving As Crimes Of Violence Following Leocal V. Ashcroft, Maria-Teresa Davenport
Journal of Criminal Law and Criminology
No abstract provided.
Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel
Questionable Uses Of Canons Of Statutory Interpretation: Why The Supreme Court Erred When It Decided Any Only Means Some, Anthony L. Engel
Journal of Criminal Law and Criminology
No abstract provided.
Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman
Whiskey And The Wires: The Inadvisable Application Of The Wire Fraud Statute To Alcohol Smuggling And Foreign Tax Evasion, Jason S. Friedman
Journal of Criminal Law and Criminology
No abstract provided.
Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers
Roper V. Simmons: The Collision Of National Consensus And Proportionality Review, Wayne Myers
Journal of Criminal Law and Criminology
No abstract provided.
Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith
Johnson V. California: The Supreme Court Invades The States' Authority To Establish Criminal Procedures, Jacob Smith
Journal of Criminal Law and Criminology
No abstract provided.