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Full-Text Articles in Law
The Constitutionality Of Wipo’S Broadcasting Treaty: The Originality And Limited Times Requirements Of The Copyright Clause, Adam R. Tarosky
The Constitutionality Of Wipo’S Broadcasting Treaty: The Originality And Limited Times Requirements Of The Copyright Clause, Adam R. Tarosky
Duke Law & Technology Review
Because the proposed WIPO Broadcasting Treaty extends perpetual copyright-like protections to unoriginal information, its implementation would violate at least two fundamental limitations on Congress’s Copyright Clause power: the originality and "limited times" requirements. But Congress has a trump card--the Commerce Clause. This iBrief argues that to give proper effect to the limitations of the Copyright Clause, Congress should not be allowed to implement copyright-like legislation under the less restrictive Commerce Clause.
Protecting Intellectual Property In The Developing World: Next Stop—Thailand, Cortney M. Arnold
Protecting Intellectual Property In The Developing World: Next Stop—Thailand, Cortney M. Arnold
Duke Law & Technology Review
This iBrief examines the U.S. strategy for strengthening the protection of intellectual property rights (IPRs) in Southeast Asia through the use of free trade agreements (FTAs). After briefly examining the U.S. methodology for strengthening IPRs outside the U.S., this iBrief predicts that the intellectual property provisions in the final text of the U.S.-Thailand FTA, which is currently being negotiated, will be very similar to the provisions in previous FTAs that the United States has negotiated with other developing countries.
Mining The Common Heritage Of Our Dna: Lessons Learned From Grotius And Pardo, Jasper A. Bovenberg
Mining The Common Heritage Of Our Dna: Lessons Learned From Grotius And Pardo, Jasper A. Bovenberg
Duke Law & Technology Review
The Human Genome Project generated oceans of DNA sequence data and spurred a multinational race to grab the bounties of these oceans. In response to these DNA property grabs, UNESCO, drawing upon international law precedents addressing analogous grabs in the past, declared the Human Genome the heritage of humanity. The UNESCO Declaration provided, first, that the heritage shall not, in its natural state, give rise to financial gains and, second, that countries establish an international framework to make the benefits from genome research available to all. This iBrief will first examine Grotius’s Mare Liberum to determine whether international law precedent …
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
ILSA Journal of International & Comparative Law
The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
NYLS Law Review
No abstract provided.
Empresa Cubana Del Tabaco V. Culbro Corp., Victoria Loughery
Empresa Cubana Del Tabaco V. Culbro Corp., Victoria Loughery
NYLS Law Review
No abstract provided.