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Articles 1381 - 1410 of 9084

Full-Text Articles in Law

Regulatory Responses Against Reverse Payment Agreements In The Pharmaceutical Industry, Njideka Chukwu Feb 2020

Regulatory Responses Against Reverse Payment Agreements In The Pharmaceutical Industry, Njideka Chukwu

Intellectual Property Brief

No abstract provided.


Standing In The Thicket: Reconciling Differing Standards Of Judiciability In Intellectual Property Disputes, Kendall J. Brady Feb 2020

Standing In The Thicket: Reconciling Differing Standards Of Judiciability In Intellectual Property Disputes, Kendall J. Brady

Intellectual Property Brief

No abstract provided.


Lasering In On The Federal Communications Commission: Can The Fcc Regulate Laser Communications?, Joel Thayer Feb 2020

Lasering In On The Federal Communications Commission: Can The Fcc Regulate Laser Communications?, Joel Thayer

Intellectual Property Brief

No abstract provided.


Update: Reorienting Bayh-Dole's March-In: Looking To Purpose And Objectives In The Public's Interest, Abigail Amato Rives Feb 2020

Update: Reorienting Bayh-Dole's March-In: Looking To Purpose And Objectives In The Public's Interest, Abigail Amato Rives

Intellectual Property Brief

No abstract provided.


The Undiscovered Country: Fixing Copyright By Re-Thinking Pretrial Litigation, John C. Heinbockel Feb 2020

The Undiscovered Country: Fixing Copyright By Re-Thinking Pretrial Litigation, John C. Heinbockel

Intellectual Property Brief

No abstract provided.


Look What They've Done To My Song, Ma: Jonathan Coulton, Moral Rights, And A Proposal For The Reform Of 17 U.S.C. § 115(A) (2), Joe Newman Feb 2020

Look What They've Done To My Song, Ma: Jonathan Coulton, Moral Rights, And A Proposal For The Reform Of 17 U.S.C. § 115(A) (2), Joe Newman

Intellectual Property Brief

No abstract provided.


Recommendations And Comments On The Draft Vertical Merger Guidelines, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton Feb 2020

Recommendations And Comments On The Draft Vertical Merger Guidelines, Jonathan Baker, Nancy Rose, Steven Salop, Fiona Scott Morton

Scholarly Articles in Law Reviews & Journals

These recommendations and comments respond to the request by the Federal Trade Commission and the Department of Justice’s Antitrust Division for public comment on the draft 2020 Vertical Merger Guidelines. We commend the agencies for updating the 1984 non-horizontal merger guidelines by recognizing the substantial advances in economic thinking about vertical mergers in the thirty-five years since those guidelines were issued. Our comments emphasize four issues: (i) the treatment of the elimination of double marginalization (“EDM”), particularly that the draft vertical merger guidelines appear inappropriately to make proof of cognizability part of the agencies burden and that they appear to …


Payments Failure, Hilary Allen Feb 2020

Payments Failure, Hilary Allen

Scholarly Articles in Law Reviews & Journals

The processing of retail payments has traditionally been the domain of regulated banks, but technologically sophisticated players like Venmo, AliPay, Bitcoin and Ripple (and potentially Facebook’s Libra) are making incursions into the market. Even within regulated banks, payments processing is becoming increasingly reliant on new technologies – JPMorgan Chase’s “JPMCoin” is just one example. However, limited attention has been paid to the new kinds of operational risks associated with these complex new methods of processing retail payments. This Article argues that technological failures at a payments provider (bank or non-bank) could be amplified in unexpected ways as they interact with …


Brief Of Nat’L Assoc. Of Crim. Defense Attorney & Nat’L Assoc. Of Fed’L Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438 (U.S.) (Feb. 2020)., Jenny Roberts Feb 2020

Brief Of Nat’L Assoc. Of Crim. Defense Attorney & Nat’L Assoc. Of Fed’L Defenders As Amicus Curiae, Pereida V. Barr, No. 19-438 (U.S.) (Feb. 2020)., Jenny Roberts

Amicus Briefs & Court Filings

Brief of Nat’l Assoc. of Crim. Defense Attorney & Nat’l Assoc. of Fed’l Defenders as Amicus Curiae, Pereida v. Barr, No. 19-438 (U.S.) (Feb. 2020).


Crash Goes Icann's Multistakeholder Model, Kathryn Kleiman Feb 2020

Crash Goes Icann's Multistakeholder Model, Kathryn Kleiman

Scholarly Articles in Law Reviews & Journals

In 1995, the Internet was becoming a global phenomenon and users needed "domain names"--the street signs of Internet addresses--for an array of commercial and noncommercial speech. A small community of "multistakeholders"--business, civil society, governments, technologists, intellectual property and non-government organization representations--began to write rules for Internet addresses largely on behalf of a global population that had yet to be connected to the Internet. I had the privilege of being part of that group. Since then, Internet use has skyrocketed from 70 million users (1.7% of the world population) in 1995 to over 4.5 billion users (58.8% of the world population) …


Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh Jan 2020

Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh

Legal Writing Competition Winners

This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.


Symposium Transcripts: International Arbitration: Friend Or Foe Of Corporations? February 12, 2019 Introductory Remarks, American University Business Law Review Jan 2020

Symposium Transcripts: International Arbitration: Friend Or Foe Of Corporations? February 12, 2019 Introductory Remarks, American University Business Law Review

American University Business Law Review

No abstract provided.


Panel Ii: Recent Rule Changes And Legal Developments, American University Business Law Review Jan 2020

Panel Ii: Recent Rule Changes And Legal Developments, American University Business Law Review

American University Business Law Review

No abstract provided.


Prologue, Claudio Grossman, Robert Goldman Jan 2020

Prologue, Claudio Grossman, Robert Goldman

American University International Law Review

No abstract provided.


A Health Justice Perspective Of Asthma And Covid-19, Elizabeth Raterman Jan 2020

A Health Justice Perspective Of Asthma And Covid-19, Elizabeth Raterman

Human Rights Brief

No abstract provided.


State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi Jan 2020

State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi

Arbitration Brief

No abstract provided.


Sovereign Wealth Funds And Investor-State Dispute Settlement: Examining Questions Of Icsid’S Jurisdiction And The Impact Of Investment-Treaty Arbitration, Muhammad Ussama Jan 2020

Sovereign Wealth Funds And Investor-State Dispute Settlement: Examining Questions Of Icsid’S Jurisdiction And The Impact Of Investment-Treaty Arbitration, Muhammad Ussama

Arbitration Brief

The rate of foreign direct investment made by sovereign wealth funds has increased significantly during the past decade. Various concerns raised by host states— especially those located in the developed world—regarding the purposes and objectives of foreign investments made by these funds have led these states to take measures to protect themselves. Countries such as Canada, Germany, and the United States have issued new laws to address these concerns. Due to the broad discretion and flexibility that these laws grant to the governments of the host states, allegations of mistreatment by investors from the Global South, including sovereign wealth funds, …


Importance Of The Law Applicable To The Arbitration Agreement In International Commercial Arbitration, Marlon M. Meza-Salas Jan 2020

Importance Of The Law Applicable To The Arbitration Agreement In International Commercial Arbitration, Marlon M. Meza-Salas

Arbitration Brief

This article analyzes the law applicable to the arbitration agreement in international commercial arbitration and some of the issues that could arise when the parties do not choose any particular law to govern their arbitration agreement. Parties frequently determine the substantive law that will govern the merit of the dispute and the rules applicable to the arbitration procedure. However, parties generally remain silent about the law that will govern the arbitration agreement itself, which could lead to unexpected or undesired effects before, during, and after arbitration, most of which could be avoided by simply selecting the law applicable to the …


Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz Jan 2020

Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz

Arbitration Brief

Arbitration is a favored adjudicatory mechanism because it is efficient, effective, and informal compared to judicial litigation. Scholar Thomas Carbonneau has noted that arbitration is “America’s optimal trial procedure.” The ubiquity of pre-dispute agreements to arbitrate in consumer contracts makes arbitration the dominant method to resolve such disputes. Yet, despite its hallmarks of accessibility and informality, arbitration’s reliance on face-to- face proceedings limits its benefits. Online dispute resolution (ODR) has grown in popularity among e-commerce retailers over the last two decades—and more recently within court systems.5 However, ODR’s rise has not meaningfully affected how pre-dispute agreements to arbitrate are drafted …


Letter From The Editor, Elena Z. Ritchie Jan 2020

Letter From The Editor, Elena Z. Ritchie

Arbitration Brief

No abstract provided.


Panel I: Negotiating Arbitration Clauses, American University Business Law Review Jan 2020

Panel I: Negotiating Arbitration Clauses, American University Business Law Review

American University Business Law Review

No abstract provided.


Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon Jan 2020

Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.


State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington Jan 2020

State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington

American University International Law Review

No abstract provided.


Prologue, Claudio Grossman, Robert Goldman Jan 2020

Prologue, Claudio Grossman, Robert Goldman

American University International Law Review

No abstract provided.


Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon Jan 2020

Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.


Article 6bis Of The Paris Convention: How The United States Court Of Appeals For The Second Circuit Is Violating International Law, Deepa Singh Jan 2020

Article 6bis Of The Paris Convention: How The United States Court Of Appeals For The Second Circuit Is Violating International Law, Deepa Singh

American University International Law Review

No abstract provided.


Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins Jan 2020

Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins

American University International Law Review

No abstract provided.


Climate Change, Regionalism, And Universalism: Elegy For The Arctic And The Antarctic?, Ottavio Quirico Jan 2020

Climate Change, Regionalism, And Universalism: Elegy For The Arctic And The Antarctic?, Ottavio Quirico

American University International Law Review

No abstract provided.


Marriage Equality Under The Iccpr: How The Human Rights Committee Got It Wrong And Why It's Time To Get It Right, Kristie A. Bluett Jan 2020

Marriage Equality Under The Iccpr: How The Human Rights Committee Got It Wrong And Why It's Time To Get It Right, Kristie A. Bluett

American University International Law Review

No abstract provided.


The Lesson Learned From The Taricco Saga: Judicial Nationalism And The Constitutional Review Of E.U. Law, Gino Scaccia Jan 2020

The Lesson Learned From The Taricco Saga: Judicial Nationalism And The Constitutional Review Of E.U. Law, Gino Scaccia

American University International Law Review

No abstract provided.