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Articles 151 - 154 of 154
Full-Text Articles in Law
Trips & Development, Daniel J. Gervais
Trips & Development, Daniel J. Gervais
Daniel J Gervais
This brief Chapter in the (forthcoming) SAGE Handbook of Intellectual Property examines available data and analyses concerning the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on development. The Chapter considers distinctions among types of countries and industries, and the role of the World Intellectual Property Organization (WIPO).
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan H. Druzin
Restraining The Hand Of Law: A Conceptual Framework To Shrink The Size Of Law, Bryan H. Druzin
Bryan H. Druzin
There is a fierce ideological struggle between two warring camps: those who rally against expansive government and those who support it. Clearly, the correct balance must be struck between the extremes of legislative over-invasiveness and the frightening total absence of legal structure. This paper articulates a framework that allows for legislative parsimony—a way to scale back state law in a way that avoids lurching to unnecessary extremes. I assume the libertarian premise that law should strive to encroach as minimally as possible upon social order, yet I argue that we must do this in a highly selective fashion, employing a …
Opening The Machinery Of Private Order: Public International Law As A Form Of Private Ordering, Bryan H. Druzin
Opening The Machinery Of Private Order: Public International Law As A Form Of Private Ordering, Bryan H. Druzin
Bryan H. Druzin
Does legal order always need the enforcement power of the State? The concept of private order says no. Private ordering is traditionally defined as the coming together of non-governmental parties in voluntary, self-enforcing arrangements. This Article radically expands the concept of private order to include not only individuals, but also governments themselves, arguing that the ingredients for private ordering exist in both spheres. State actors, perhaps even more so than individuals, are producers of private order in that they regularly establish sophisticated legal order in the absence of centralized enforcement. The Article constructs a theory of private order which focuses …
India’S State Of Legal Education: The Road From Nlsiu To Jindal, Deepa Badrinarayana
India’S State Of Legal Education: The Road From Nlsiu To Jindal, Deepa Badrinarayana
Deepa Badrinarayana
This narrative is a reflection of the changes that the National Law School of India University (NLSIU) ushered in India, prior to globalization. It reflects on the challenges to legal education in India pre-globalization and the efforts made through the creation of NLSIU to address these challenges, and it also introduces some of the challenges facing Indian legal education in a globalized world.