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Full-Text Articles in Law
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
Touro Law Review
Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Touro Law Review
In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …
Rethinking Appeals, Uri Weiss
Rethinking Appeals, Uri Weiss
Touro Law Review
This paper makes the point that a court decision that is open to an appeal is akin to a take-it-or-leave-it settlement proposal for both parties. For the case to not be appealed, both parties need to “take,” i.e., accept, this proposal. Thus, on one hand, if both parties cannot achieve a settlement by themselves, they usually benefit from the right to appeal. On the other hand, a right to appeal activates the regressive effects that characterize settlements, which also applies to lower-court decisions. For example, legal uncertainty has a regressive effect on lower-court decisions: if the judge wishes to block …
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Qualified Immunity When Facts Are In Dispute, Leon Friedman
Touro Law Review
No abstract provided.
Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles
Section 1983 Custom Claims And The Code Of Silence, Myriam Gilles
Touro Law Review
No abstract provided.
Problems Concerning Litigating Custom And Practice Cases, Steve Ryals
Problems Concerning Litigating Custom And Practice Cases, Steve Ryals
Touro Law Review
No abstract provided.
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass
Touro Law Review
No abstract provided.
Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum
Qualified Immunity: The Constitutional Analysis And Its Application, Karen Blum
Touro Law Review
No abstract provided.
Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum
Section 1983 Litigation: Post-Pearson And Post-Iqbal, Karen M. Blum
Touro Law Review
The Supreme Court's decision in Pearson v. Callahan marked a significant change in the structure of the analysis to be performedin the adjudication of the qualified immunity defense in§ 1983 litigation. Prior to Pearson, the Court required a mandatory two-step approach for the qualified immunity analysis. Whenever qualified immunity was raised in response to an alleged constitutional violation, the lower courts were instructed that the disposition of the qualified immunity issue required the court to first address the merits question. Under Saucier v. Katz, the courts were required first to decide whether the complaint stated a violation of a constitutional …
The Use Of Expert Proofs In Complex Product Liability Litigation In New York: A Preliminary Consideration Of Varying Federal And New York State Approaches To Disclosure And Admissibility, Steven J. Phillips
Touro Law Review
No abstract provided.
Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz
Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz
Touro Law Review
No abstract provided.
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Touro Law Review
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz
Touro Law Review
No abstract provided.
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Touro Law Review
No abstract provided.
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein
Touro Law Review
No abstract provided.
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
Touro Law Review
No abstract provided.