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Full-Text Articles in Law
The Basics Matter: At The Periphery Of Intellectual Property, F. Scott Kieff, Troy A. Paredes
The Basics Matter: At The Periphery Of Intellectual Property, F. Scott Kieff, Troy A. Paredes
GW Law Faculty Publications & Other Works
Controversies often arise at the interfaces where intellectual property ("IP") law meets other topics in law and economics, such as property law, contract law, and antitrust law. Participants in the debates over how to mediate these interfaces often view each interface as a special case deserving unique treatment under the law. The doctrines of copyright and patent misuse are cases in point: they graft select antitrust principles onto copyright or patent law, even though there is an entirely distinct body of law - antitrust law - designed to deal with the putative concerns about competition that allegedly give rise to …
Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan
Self-Enforcing International Agreements And The Limits Of Coercion, Robert E. Scott, Paul B. Stephan
Faculty Scholarship
International law provides an ideal context for studying the effects of freedom from coercion on cooperative behavior. To be sure, almost all academic discussions on the subject begin by asking whether international law constitutes "law." But the category of all "international law" is too big and heterogeneous to permit useful analysis. Whether to regard, say, the rules governing the conduct of war or international humanitarian law as "law" presents radically different issues than analyzing the legal character of the Treaty of Rome (the constitutive instrument of the European Community), or the Warsaw Convention (the instrument governing contracts for the carriage …