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Articles 1 - 10 of 10
Full-Text Articles in Law
The International Trade Commission: Potential Bias, Hold-Up, And The Need For Reform, William Dolan
The International Trade Commission: Potential Bias, Hold-Up, And The Need For Reform, William Dolan
Duke Law & Technology Review
The International Trade Commission (ITC) is an alternate venue for holders of U.S. patents to pursue litigation against infringing products produced abroad and imported to the United States. Because the ITC may only grant injunctive relief, it has awarded injunctions in situations where there may have been better and more efficient remedies to the infringement available through litigation in federal district court. The increased likelihood of injunctive relief bolsters the position of patent holders against a wide range of producers in royalty negotiations and can harm the end consumers through a process known as "patent hold-up." There are currently sweeping …
Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Eduarda Santos
Experimenting With Territoriality: Pan-European Music License And The Persistence Of Old Paradigms, Ana Eduarda Santos
Duke Law & Technology Review
This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright experience – the creation of a quasi pan- continental license in the music field – but it might have lost that opportunity in the midst of non-binding recommendations and resolutions. This article argues this loss is due to the overreaching persistence of old paradigms, namely the principle of territoriality.
Terrorism And Afghanistan, Yoram Dinstein
Terrorism And Afghanistan, Yoram Dinstein
International Law Studies
No abstract provided.
Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rabinstein Reiss
Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rabinstein Reiss
Journal of Dispute Resolution
Since the goal is to compare the European experiments with those adopted in the United States, the paper is structured around that comparison. This part introduces the issues and the methodology. Part II provides a brief description of the case studies, addressing similarities and differences among the European countries. Part III then discusses several mechanisms considered necessary to participation in the United States that have been rejected by the agencies in the European countries. Part IV describes the parallels, though it also points out differences between the countries individually, as well as between them and the United States collectively. Part …
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
University of Richmond Law Review
No abstract provided.
Diet Starts Monday: An Analysis Of Current U.S. Dietary Supplement Regulations Through An International Comparison, Greg Lindquist
Diet Starts Monday: An Analysis Of Current U.S. Dietary Supplement Regulations Through An International Comparison, Greg Lindquist
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Joint Study Panel On Transparency In International Commercial Arbitration, John R. Crook
Joint Study Panel On Transparency In International Commercial Arbitration, John R. Crook
ILSA Journal of International & Comparative Law
Thanks to Professor Louise Ellen Teitz, and to the ILA and ASIL for initiating this joint study panel. Our topic brings to mind the tale of the blind men and the elephant.
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff
Northwestern Journal of Law & Social Policy
This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …
Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman
Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman
University of Richmond Law Review
No abstract provided.