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Articles 1 - 30 of 53
Full-Text Articles in Law
Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson
Unequal Justice: The Supreme Court's Failure To Curtail Selective Prosecution For The Death Penalty, Jessie Larson
Journal of Criminal Law and Criminology
No abstract provided.
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Journal of Criminal Law and Criminology
No abstract provided.
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Criminal Law And Criminology: A Survey Of Recent Books, Bard R. Ferrall
Journal of Criminal Law and Criminology
No abstract provided.
Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng
Should China Provide Intellectual Property Protection For Genetically Modified Animals?, Ke Geng
Northwestern Journal of International Law & Business
The advent of recombinant genetic engineering techniques has revolutionized biotechnology. The biomedicine and biotechnology industries have extensively employed these techniques to improve the quality of agricultural crops and livestock and to create genetically modified organisms ("GMOs") in order to produce drugs. Since as much as twenty-five percent of the world's intellectual property-related trade involves biotechnology, many countries have realized the importance of providing intellectual property protection for biotechnological technologies, including GMOs. In the past decade, China's booming economy has helped make its biotechnological market the fastest growing market in the world. To stimulate innovation and attract private investment in its …
The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus
The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus
Northwestern Journal of International Law & Business
The purpose of this paper is to refute Ms. Sarah Lively's article, the ABCs and NTBS of GMOs, detailing the reasons why the E.U. legislation is not in harmony with the WTO agreements. This paper will argue that if a WTO dispute settlement body were to decide upon the validity of the current European GMO regime, it would strike down the regulation as contrary to the WTO agreements signed by the European Union and the United States. The European Union's four year moratorium on GMOs continues to be one of the most hotly-contested trade issues facing it and the United …
Which Chance Was Lost?, Jonathan Koehler
Which Chance Was Lost?, Jonathan Koehler
Faculty Working Papers
The loss of chance doctrine in medical malpractice cases holds that when a doctor is responsible for reducing a patient's chance of survival by some percentage, the patient (or the patient's estate) should be compensated by the doctor for that percentage loss. Compensation is often determined by multiplying the value of a patient's life by the lost chance. This paper investigates psychological factors that my affect a legal decision maker's evaluation of damage awards in loss of chance cases. A paper and pencil experiment and a large-scale mock jury study (the latter using videotaped trials) are conducted to investigate the …
Restating The Private Benefit Doctrine For A Brave New World, Darryll K. Jones
Restating The Private Benefit Doctrine For A Brave New World, Darryll K. Jones
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ethical Issues Arising From The Investigation Of Activities Of Intellectual Property Infringers Represented By Counsel, Phillip Barengolts
Ethical Issues Arising From The Investigation Of Activities Of Intellectual Property Infringers Represented By Counsel, Phillip Barengolts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Nominative Fair Use: Jardine And The Demise Of A Doctrine, Chad J. Doellinger
Nominative Fair Use: Jardine And The Demise Of A Doctrine, Chad J. Doellinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Who Owns The View? Chicago Cubs V. Rooftop Owners, Or Chicago National League Ball Club, Inc. V. Sky Box On Waveland, L.L.C., Charles Shifley, Patrick Shifley
Who Owns The View? Chicago Cubs V. Rooftop Owners, Or Chicago National League Ball Club, Inc. V. Sky Box On Waveland, L.L.C., Charles Shifley, Patrick Shifley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Community Design: European Union-Wide Protection For Your Design Portfolio, Christopher M. Aide
The Community Design: European Union-Wide Protection For Your Design Portfolio, Christopher M. Aide
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Challenge Of Valuing Intellectual Property Assets, Jody C. Bishop
The Challenge Of Valuing Intellectual Property Assets, Jody C. Bishop
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Application Of The Electronic Communications And Transactions Act To Online Merchants From Other Jurisdictions, Hlengiwe Zondo-Kabini
Application Of The Electronic Communications And Transactions Act To Online Merchants From Other Jurisdictions, Hlengiwe Zondo-Kabini
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Future Of Electronic Contracts In International Sales: Gaps And Natural Remedies Under The United Nations Convention On Contracts For The International Sale Of Goods, Jennifer E. Hill
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Interview With Blake A. Bell, Blake A. Bell
Interview With Blake A. Bell, Blake A. Bell
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn
Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Profile Of Dolby Laboratories: An Effective Model For Leveraging Intellectual Property, Pamela Hawkins Williams, Dotcy Isom Iii, Tiffini D. Smith-Peaches
A Profile Of Dolby Laboratories: An Effective Model For Leveraging Intellectual Property, Pamela Hawkins Williams, Dotcy Isom Iii, Tiffini D. Smith-Peaches
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The European Union Privacy Directive And Its Impact On The U.S. Privacy Protection Policy: A Year 2003 Perspective, Chuan Sun
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff
The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff
Northwestern Journal of International Law & Business
In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …
Express Delivery And The Postal Sector In The Context Of Public Secto Anti-Competitive Practices, D. Daniel Sokol
Express Delivery And The Postal Sector In The Context Of Public Secto Anti-Competitive Practices, D. Daniel Sokol
Northwestern Journal of International Law & Business
International trade plays an increasingly important role in global economics. One growing part of the international economy has been express delivery services. Because various governments that maintain public sector postal monopolies have erected barriers to entry to impede its growth, express delivery has become an important battleground within the realm of trade. International trade, which initially consisted mainly of the trade of goods, is now increasingly focusing on services. This article focuses on the problem of a particular type of service and the barriers on this service (express delivery) that countries place upon it. Not surprisingly, those countries that are …
Implementation Of The Wto Agreements: Framework And Reform, Xin Zhang
Implementation Of The Wto Agreements: Framework And Reform, Xin Zhang
Northwestern Journal of International Law & Business
The term 'implementation' has two meanings in the WTO context. The general meaning refers to all the modalities, mechanisms, and instruments that assist in the application of the WTO Agreements. A more recent meaning, highlighted by the Doha Development Agenda, addresses the 'implementation-related issues and concerns' such as those "raised by many developing-country Members regarding the implementation of some WTO Agreements and Decisions, including the difficulties and resource constraints that have been encountered in the implementation of obligations in various areas." In this regard, the WTO implementation issue refers to the abilities of developing-country Members to implement the existing WTO …
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Northwestern Journal of International Law & Business
The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, both in the public sphere in areas such as human rights and in private areas, such as regulation of business. They work as representatives of both U.S. clients and foreign organizations and governments, bringing their basic mindset, shaped by education and practice experiences, into their dealings with foreign lawyers as they connect in a variety of roles, from co- and opposing counsel, to …
Fight Or Flight Of U.S.-Based Multinational Businesses: Analyzing The Causes For, Effects Of, And Solutions To The Corporate Inversion Trend, Hale E. Sheppard
Fight Or Flight Of U.S.-Based Multinational Businesses: Analyzing The Causes For, Effects Of, And Solutions To The Corporate Inversion Trend, Hale E. Sheppard
Northwestern Journal of International Law & Business
When a person is confronted by a threat, he or she experiences a psychological and physiological response commonly known as "fight or flight." In general, this innate survival mechanism causes the body to direct blood to vital areas and to release lactic acid, adrenaline and other chemicals in order to prepare a person to either face the threat or flee immediately. Multinational corporations based in the United States, likewise, have recently displayed similar fight-or-flight behavior when faced with the threat of high taxes. Unfortunately for the U.S. economy, a growing number of these American corporations have chosen the latter: flight. …
The Traditional Terms Of The Traditional Knowledge Debate, Shubha Ghosh
The Traditional Terms Of The Traditional Knowledge Debate, Shubha Ghosh
Northwestern Journal of International Law & Business
(article removed at the request of the General Counsel at NU Law)
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy
Northwestern Journal of International Law & Business
This article provides a comprehensive analysis of the origins, purpose and scope of protection for test and other data required by TRIPS Article 39.3. Through this analysis, which looks to the ordinary meaning of the provision in proper context in the same manner as would a WTO dispute settlement panel or the WTO Appellate Body, we conclude that Article 39.3 provides protection against the unjust or unfair application or conversion of certain test and other data to make a profit or to obtain a benefit. Such protection must be provided long enough to allow the originator to at least recoup …
Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta
Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta
Northwestern Journal of International Law & Business
The American federal courts have used a questionable common law procedural rule to erect a virtually impenetrable barrier for those injured in other countries by products or industrial activities of U.S.-based multinationals. This barrier exists as the forum non conveniens ("FNC") rule. Section II briefly reviews the current problems that the FNC rule causes and explains its origins. In Section III, I describe my doctrinal shift away from the FNC rule to a preservation-of-court-access statute. I demonstrate in Section IV, the focus of the article, how applying that statute would change the outcome of actual product injury cases filed by …
The New Economic Constitution In China: A Third Way For Competition Regime?, Youngjin Jung, Qian Hao
The New Economic Constitution In China: A Third Way For Competition Regime?, Youngjin Jung, Qian Hao
Northwestern Journal of International Law & Business
This article will discuss the basic features of the competition regime China is ready to set up, as envisioned in its draft of the anti-monopoly law. By comparing different antimonopoly systems worldwide and their relevance to China's idiosyncrasies in its antimonopoly law, this article intends to promote a better understanding of China's emerging antitrust regime by providing illustrative comments and legislative suggestions. Part II of this article will focus on the economic and legal contexts of the drafting of the antimonopoly law in order to illuminate the unique priorities of the Chinese lawmakers. Part III will highlight the distinctive traits …