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Articles 1 - 30 of 66
Full-Text Articles in Law
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Evaluating Flexibility In International Patent Law, Sarah R. Wasserman Rajec
Sarah R. Wasserman Rajec
Global patent law has raced toward harmonization over the past decades. Countries with vastly different industries, values, and levels of development now offer robust patent rights with similar contours through membership in the World Trade Organization and consequent adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). However, patent law is still far from harmonized among countries or static within countries. Jurisdictions tailor their patent laws to accommodate differences between industries, unforeseen inefficiencies, and diverse views of the costs and benefits associated with offering patent rights to stimulate innovation. Prior scholarly work consists of either doctrinal analyses …
International Intellectual Property Scholars Series: Intellectual Property And Asian Values, Peter K. Yu, Peter K. Yu
International Intellectual Property Scholars Series: Intellectual Property And Asian Values, Peter K. Yu, Peter K. Yu
Peter K. Yu
From Niall Ferguson to Fareed Zakaria, commentators have paid growing attention to the rise of Asia and its implications for the West. Recent years have also seen the emergence of a growing volume of literature on intellectual property developments in Asia, in particular China and India. Few commentators, however, have explored whether Asian countries will take unified positions on international intellectual property law and policy.
Commissioned for the Inaugural International Intellectual Property Scholars Series, this article fills the void by examining intellectual property developments in relation to the decades-old 'Asian values' debate. Drawing on the region's diversity in economic and …
Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker
Justifying India's Patent Position To The United States International Trade Commission And Office Of The United States Trade Representative, Srividhya Ragavan, Sean Flynn, Brook Baker
Srividhya Ragavan
The paper below largely is an extract of the testimonial filed by the authors to the Secretary of the ITC in response to the Notice on the Federal Register dated August 29, 2013 titled Trade, Investment, and Industrial Policies in India: Effects on the U.S. Economy. Where required, the paper also draws from the written submissions that the authors made to the United States Trade Representative’s (hereinafter, USTR) office on the related question of whether India deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property …
The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana
The Jewel In The Crown: Can India’S Strict Liability Doctrine Deepen Our Understanding Of Tort Law Theory?, Deepa Badrinarayana
Deepa Badrinarayana
The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
The "Right" Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana
Deepa Badrinarayana
Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal
Sonia Katyal
In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …
The Political Economy And Legal Regulation Of Transnational Commercial Surrogate, Cyra Akila Choudhury
The Political Economy And Legal Regulation Of Transnational Commercial Surrogate, Cyra Akila Choudhury
Cyra A. Choudhury
This Article breaks new ground by closely reading the emerging ethnographic accounts of surrogacy to establish that current feminist frames are incomplete. It incorporates the political economy of surrogacy, the economic relationship of surrogacy to the Indian state, and the political economy of surrogates’ families, which have all been missing from the current dialogue. The Article concludes that the benefits of surrogate labor outweigh its disadvantages and develops a new framework — of surrogacy as labor — that will, for the first time, protect the surrogate as worker.Surrogacy, as a fairly open regulatory field, provides feminists with a unique opportunity …
The Executive, Shubhankar Dam
The Executive, Shubhankar Dam
Shubhankar Dam
India has a parliamentary system. The President is the head of the Union of India; the Prime Minister is the head of government.1 Along with his or her cabinet, the Prime Minister is responsible to the Lower House of Parliament.2 States have similar arrangements. They are formally headed by Governors. But chief ministers and their cabinets lead the governments. Executive power, ordinarily, is exercised by the Prime Minister, chief ministers and their respective councils of ministers. However, in keeping with India’s Westminster inheritance, such power often vests in the formal heads, and is exercised in their names. This chapter offers …
India Eases Foreign Investment Rules For Retail (November 2015).Pdf, Sonia Baldia
India Eases Foreign Investment Rules For Retail (November 2015).Pdf, Sonia Baldia
Sonia Baldia
No abstract provided.
Combating Acid Violence In Bangladesh, India, And Cambodia, Sital Kalantry, Jocelyn Getgen Kestenbaum
Combating Acid Violence In Bangladesh, India, And Cambodia, Sital Kalantry, Jocelyn Getgen Kestenbaum
Sital Kalantry
This Report is the first comprehensive, comparative study of acid violence that examines the underlying causes, its consequences, and the multiple barriers to justice for its victims. Acid attacks, like other forms of violence against women, are not random or natural phenomena. Rather, they are social phenomena deeply embedded in a gender order that has historically privileged patriarchal control over women and justified the use of violence to “keep women in their places.” Through an in-depth study of three countries, the authors of the Report argue that the due diligence standard can be a powerful tool for state and non-state …
Riding On The Ordinance Highway: Why The Supreme Court Should Step In, Shubhankar Dam
Riding On The Ordinance Highway: Why The Supreme Court Should Step In, Shubhankar Dam
Shubhankar Dam
No abstract provided.
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright
Danaya C. Wright
The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …
India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam
India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam
Shubhankar Dam
Public Distribution System Reforms And Consumption In Chhattisgarh: A Comparative Empirical Analysis, Prasad Krishnamurthy, Vikram Pathania, Sharad Tandon
Public Distribution System Reforms And Consumption In Chhattisgarh: A Comparative Empirical Analysis, Prasad Krishnamurthy, Vikram Pathania, Sharad Tandon
Prasad Krishnamurthy
Chhattisgarh’s Public Delivery System (PDS) reforms have been lauded as a model for the National Food Security Act and for other states to emulate. Previous research has shown that PDS rice consumption increased in Chhattisgarh following reforms by the Raman Singh government that began in 2004. However, one third of PDS rice consumption growth in Chhattisgarh from 1999/2000 to 2009/2010 took place before 2004. This magnitude is over 70 percent when growth is measured relative to comparison regions that undertook no reforms. This finding suggests that the pre-2004 reforms to Fair Price Shop (FPS) ownership and state procurement by the …
The Evolving And Multilayered European Union-India Investment Relations - Regulatory Issues And Policy Conjectures, Julien Chaisse
The Evolving And Multilayered European Union-India Investment Relations - Regulatory Issues And Policy Conjectures, Julien Chaisse
Julien Chaisse
India and several EU member countries share a rich history of investment collaborations. The collaboration has been cemented with several formal agreements with individual EU members, and the recent negotiations with the trade bloc since June 2007 on a broad-based Bilateral Trade and Investment Agreement (BTIA) can be considered as a culmination of this process while ongoing WTO negotiations on Mode 3 commitments remain essential in terms of market opening. The present article analyzes the multi-layered regulation of foreign investment against the backdrop of the evolving EU-India economic relations. It does not only address current PTA negotiations but also the …
Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas
Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas
Arthur Mitchell Fraas
This paper explores the British Imperial legal world of the mid-eighteenth century. Within this period, the previously confined spaces of English law and legal institutions became open to an ever widening set of legal subjects, both people as well as places. The paper focuses on what was at the time perhaps England’s most remote and murkily defined legal space, the East India Company (EIC) settlements at Madras, Bombay and Calcutta. The paper shows how a series of legal actors: metropolitan judges, Indian litigants and elite lawyers, first bridged the legal worlds of England and the subcontinent. I argue that by …
Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam
Presidential Legislation In India: The Law And Practice Of Ordinances, Shubhankar Dam
Shubhankar Dam
India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First, it tells the story of how an artefact of British constitutional history, over time, became part of India’s legislative system. Second, it offers an empirical account of the ways in which presidents have resorted to ordinances in post-independence India. Third, the book analyses a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, the book explains …
State Constitutions And The Basic Structure Doctrine, Manoj Mate
State Constitutions And The Basic Structure Doctrine, Manoj Mate
Manoj S. Mate
High Courts And Election Law Reform In The United States And India, Manoj Mate
High Courts And Election Law Reform In The United States And India, Manoj Mate
Manoj S. Mate
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.
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary Shaw
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary Shaw
Gary M. Shaw
No abstract provided.
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions must …
What Is Intermediate Legislative Power?, Shubhankar Dam
What Is Intermediate Legislative Power?, Shubhankar Dam
Shubhankar Dam
The President in India’s parliamentary system is authorized to promulgate legislation under Article 123.1 While such legislation, or ‘ordinances’, enjoy the same force and effect as Acts, they are distinct in some ways. First, ordinances lack legislative deliberation: the President promulgates them ‘except when both Houses of Parliament are in session’. Secondly, it depends on the President’s satisfaction that ‘circumstances exist that render it necessary for him to take immediate action’. And they are transient: ordinances cease to operate on the expiry of six weeks from the reassembly of Parliament unless withdrawn earlier or formally enacted into law. Ordinances, then, …
Public Law And Public Resources In India, Shubhankar Dam
Public Law And Public Resources In India, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma
Dr. Saumya Uma
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
Shubhankar Dam
No abstract provided.
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Cynthia M Ho
No abstract provided.
The Singur Sham, Shubhankar Dam
Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan
Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan
Srividhya Ragavan
Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that …