Law Commons^™

Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance Bagley, Christina Tvarno

Constance E. Bagley

In 2014, the European Commission announced the launch of a study of knowledge transfer by public research organizations and other institutes of higher learning “to determine which additional measures might be needed to ensure an optimal flow of knowledge between the public research organisations and business thereby contributing to the development of the knowledge based economy.” As the European Commission has recognized, the EU needs to take action to “unlock the potential of IPRs [intellectual property rights] that lie dormant in universities, research institutes and companies.” This article builds on our earlier work on structuring efficient pharmaceutical public-private partnerships (PPPPs) …

The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols

Philip M. Nichols

The Foreign Corrupt Practices Act is domestic legislation and should be analyzed as such. This article addresses a persistent failure in analysis of the Act, by scholars and policymakers alike. Many discussions of the Act approach it from a neomercantilist perspective. This approach contains three flaws. First, whereas neomercantilism envisions manipulation of the market to give advantage to national champion industries, the Foreign Corrupt Practices Act was adopted for the purpose of strengthening and enhancing the integrity of the global market. A neomercantilist perspective is contrary to the purpose of the Act. Second, this article shows that neomercantilism fundamentally misunderstands …

Balance-Of-Payments Crises In The Developing World: Balancing Trade, Finance And Development In The New Economic Order, Chantal Thomas

Chantal Thomas

No abstract provided.

Poverty Reduction, Trade, And Rights, Chantal Thomas

Chantal Thomas

No abstract provided.

Impartiality And Independence: Misunderstood Cousins, James E. Moliterno

James E. Moliterno

No abstract provided.

State Practice As Metaphor: A Reconciliation Approach, Patrick Kelly

Patrick Kelly

State practice as metaphor is a broader idea than the empirical role of state practice in the formation of custom. State practice as used in this journal is a metaphor for all the methods and processes to increase the democratic legitimacy of international norms including not only the practices of states, but also other forms of representation by which citizens express their views. Increasingly norms are articulated and influenced by non-governmental organizations, private standard setting groups, quasi-public entities such as the Inter-Parliamentary Union and transgovernmental organizations such as the Basle Committee on Banking Supervision. With the advent of the internet, …

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …

Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand

Michael A Helfand

This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …

Perspectives On International Students' Interest In U.S. Legal Education: Shifting Incentives And Influence, Carole Silver

Carole Silver

This article seeks to situate the shift to international students in U.S. law school SJD programs within the larger context of globalization and higher education, and was published as a comment on Gail Hupper’s article on “Educational Ambivalence: The Rise of a Foreign-Student Doctorate in Law.” Broadening the framework of analysis allows consideration of the competing factions and opportunities that explain the developing international market for legal education. In addition, this wider lens also offers insight into the incentives shaping new investments in legal (and higher) education, including Yale Law School’s new PhD in law.

Global Economic Inequality And The Potential For Global Democracy: A Functionalist Analysis, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Thinking Globally, Policy Locally: A Plan For Decentralized Law Enforcement In Côte D’Ivoire, __ J. Of Int’L Bus. & L. __ (Forthcoming 2015), Hugh Mundy

Hugh Mundy

During a 2009 speech in Ghana, President Barack Obama said, “Africa doesn’t need strongmen. It needs strong institutions.” Obama credited Ghana’s “impressive rates of growth” to the country’s “repeated peaceful transfers of power even in the wake of closely contested elections.” Free elections and non-violent power transfers, he said, “may lack the drama of the twentieth century’s liberation struggles” but “will ultimately be more significant.” Last July, the president expressed similar sentiments during a highly anticipated trip to Kenya. Côte d’Ivoire offers a stark example of the instability wrought when an unseated leader refuses to cede power. Once hailed as …

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Dr Marija Dordeska

Balancing Domestic Nuclear Industry Viability With International Security: Imminent Changes To Nuclear Export Control Regulations, Brendan Burke

Brendan Burke

In August 2013, the Department of Energy promulgated a supplemental notice of proposed rulemaking to revise the Code of Federal Regulations title 10, part 810 (part 810). Part 810 controls the export of technology pertaining to special nuclear material (SNM) and its production outside the United States by U.S. citizens or corporations. Its purpose is to protect national security interests relating to nuclear non- proliferation while facilitating civil nuclear trade. The most noteworthy changes in the proposed revision pertain to how potential trade partner host countries are classified. This classification directly affects the volume of regulatory requirements applicable to transac- …

Researching Law's Special Issue On "We Want What's Ours", Bernadette Atuahene

Bernadette Atuahene

Researching Law is a socio-legal magazine published by the American Bar Foundation.

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand

Michael A Helfand

Several states have considered bills aimed at preventing courts from enforcing, considering, or relying on both religious and international law. This legislative pushback on international and religious law reflects a concerted effort to consolidate legal authority by asserting the state as the only source of legitimate law. As the core of this controversy stands an age-old philosophical dispute over the relationship between sovereignty and law: Does state sovereignty preclude the possibility of law both above the state – that is, international law – and below the state – that is, religious and customary law? This tension tracks a long-standing fissure …