Law Commons^™

Best Brief For Appellee (Epa): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Lauren S. Christopher, Andrew F. Lopez

Pace Environmental Law Review

No abstract provided.

Coloring Outside The Lines: Examining Treasury's (Lack Of) Compliance With Administrative Procedure Act Rulemaking Requirements, Kristin E. Hickman

Notre Dame Law Review

No abstract provided.

Fair Use: Its Application, Limitations And Future. , Sonia Katyal, Paul Aiken, Laura Quilter, David O. Carson, John, Jr. G. Palfrey, Hugh C. Hansen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Constitutional Review And Tax Law: An Analytical Framework , Yoseph Edrey

American University Law Review

This Article offers a more comprehensive and substantial approach to constitutional review of the general power to tax and the way tax laws should comply with constitutional rights and principles. The power of Congress to levy taxes is not confined to income taxes; it is broader and much more general. Article I, Section 8 of the Constitution describes the general power of Congress in terms of tax laws as follows: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United …

Cruelty To The Mentally Ill: An Eighth Amendment Challenge To The Abolition Of The Insanity Defense, Stephen M. Leblanc

American University Law Review

This Comment addresses the present gap in insanity-defense laws

created by the defense’s abolition and offers an Eighth Amendment

based remedy. Part I reviews the history and evolution of the insanity

defense in Anglo-American law. It then describes how four states

have statutorily abolished the defense. It concludes with a discussion

of Clark v. Arizona, the Court’s most recent decision on the

constitutionality of the insanity defense. Part II turns to the Eighth

Amendment, examining its historical understanding and the

contemporary evolving-standards-of-decency analysis, through which

the Court assesses the constitutionality of modern-day punishments.

Part II concludes with a discussion of …

Transitional Justice In Korea: Legally Coping With Past Wrongs After Democratization, Kuk Cho

Washington International Law Journal

For more than a decade, Korean society has taken various legal steps to rectify past wrongs perpetrated by the old authoritarian-military regime. In 1995, the “Special Act Concerning the May 18 Democratization Movement” was passed in the National Assembly. Under this new legal circumstance, the two former presidents were imprisoned on charges of leading the 1979 military coup and brutally oppressing the May 18 Uprising of 1980. However, because such a transition from the authoritarian-military rule was established through a political compromise, Korean society had to experience a limited transitional justice. As another step to rectify past wrongs, the “Act …

A Condom Versus The Philippine Aids Prevention And Control Act Of 1998: Which Has Holes Leaving Filipinos Unprotected?, David M. Iseminger

Washington International Law Journal

In 1998, the Philippine legislature passed pioneering HIV/AIDS legislation in Southeast Asia called the AIDS Prevention and Control Act (“APCA” or “Act”). This comprehensive legislation sought, in part, to ensure access to health care information and to stop the spread of diseases like HIV/AIDS. Regulations were promulgated by the Philippine National AIDS Council in 1999 to implement the Act. APCA effectively addresses several important HIV/AIDS issues, including prohibiting discrimination and mandatory HIV testing, while ensuring access to basic health care. However, both the regulations and the Act fail to ensure that all scientifically accurate information regarding HIV/AIDS prevention reaches Filipinos. …

Table Of Contents, Table Of Contents Public Land & Resources Law Review

Public Land & Resources Law Review

No abstract provided.

Natural Resource Damage Law And Policy - With A Special Emphasis On The Indian Tribes, Raymond Cross, William Rodgers

Public Land & Resources Law Review

No abstract provided.

In Memoriam: Phil Tourangeau, Sally Johnson

Public Land & Resources Law Review

No abstract provided.

Bortz V. Suzuki, Judgment Of October 12, 1999, Hamamatsu Branch, Shizuoka District Court, Timothy Webster

Washington International Law Journal

The Bortz case links a series of truly comparative moments. In the first, the unsuspecting foreigner crosses into another culture’s blind spot, and emerges a very different person. Ana Bortz was shopping for a necklace in a Japanese jewelry store when the owner asked her where she was from. A westerner in Japan, Bortz likely thought little of the question, having answered it many times. She answered first in Japanese, and then in English, “from Brazil.” Neither response pleased the storeowner. Foreigners, or perhaps just Brazilians, were not allowed in the store. Their ensuing argument revealed other comparative moments. Enraged …

The Nireco Poison Pill: The Impact Of A Court Injunction, Toshihiko Shimizu, Toshihiro Igi, Christopher J. Kodama

Washington International Law Journal

The emergence of a market for corporate control in Japan is a phenomenon that many commentators on Japan’s business and legal environs had been anticipating since the turn of the new millennium. A gradual decline in corporate crossshareholding and stable shareholding by financial institutions along with a concomitant increase in foreign and individual shareholders, a significant number of inefficient firms still being affected by Japan’s prolonged recession until recent years and trading at prices below their market value, and Commercial Code revisions making the legal environment more conducive to merger and acquisition activity and providing for more flexible restructuring mechanisms, …

The Applicability Of The Consumer Protection Law In Medical Malpractice Disputes In Taiwan, Ya-Ling Wu

Washington International Law Journal

The issue of whether or not no-fault liability under the Consumer Protection Law (“CPL”) applies in medical malpractice disputes has been a contentious battle in Taiwan. In Bo-Li Li v. Mackay Memorial Hospital, the Taipei District Court interpreted medical care as “services” under Article 7 of the CPL. Under this interpretation, patient services must meet “reasonably expected safety standards,” while health care providers are subject to no-fault liability. This interpretation was strenuously opposed by the medical profession and invoked much debate over its validity in the legal field. After the Bo-Li case, the lower courts expressed different views on …

A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg

Chicago-Kent Law Review

No abstract provided.

Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Lionel Bently

Chicago-Kent Law Review

This paper examines the tension between trade and development, and its handling in multiple layers of law-making through an historical case study concerning copyright in India in the late-nineteenth and early-twentieth century. The paper explains the emergence of views in the Government of India of what copyright law should cover that reflected longstanding but not unproblematic assumptions about India's need for European knowledge and learning. The belief that India needed access to European knowledge informed resistance to the desires of British publishers that copyright owners should be able to control the making of translations of their works. These divergences between …

Quibbling Siblings—Comments To Dev Gangjee's Presentation, Annette Kur

Chicago-Kent Law Review

No abstract provided.

The International Intellectual Property Roots Of Geographical Indications, Ruth L. Okedui

Chicago-Kent Law Review

No abstract provided.

Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier

Chicago-Kent Law Review

Private ordering mechanisms, such as contracts or technological measures, have increasingly been used to shift the balance between exclusive property and free access to intellectual creation embedded in all IP regimes. Most surprising is the use of private ordering mechanisms, mainly licensing schemes. This article aims at assessing the nature of norm-making operated by open-access initiatives, as well as its normative sustainability as a project to enlarge the public domain within intellectual property. My conclusion is that public ordering still has a crucial role to play to moderate the expansion of intellectual property and to ensure that intellectual creations remain …

"Open Source" And Private Ordering: A Commentary On Dusollier, Arti K. Rai

Chicago-Kent Law Review

No abstract provided.

The Structure And Process Of Negotiations At The World Intellectual Property Organization, Geoffrey Yu

Chicago-Kent Law Review

On October 13, 2006, the Deputy Director General of the World Intellectual Property Organization, Geoffrey Yu, spoke at the Chicago-Kent Symposium Intellectual Property, Trade and Development: Reconciling and Accommodating Different National Levels of Protection. Included here is a transcript of his remarks, which outlined the organizational structure of the Organization and the management and process of international discussions within the Organization.

A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho

Chicago-Kent Law Review

Can patent rights and public health coexist? This is a pressing global question in an era where the AIDS pandemic rages in countries that cannot afford to pay for the most effective—and patent-protected—AIDS treatment. Even in countries with higher levels of income, patent problems may nonetheless loom large in unanticipated situations that could turn deadly without access to patented drugs, such as the 2001 anthrax "crisis" or the potential avian flu epidemic. This article provides an important perspective on how international laws currently impact the intersection between patent rights and public health. This article begins with an explanation of patent …

The Aftermath Of Festo V. Smc: Is There "Some Other Reason" For Justifying The Third Festo Rebuttal Criterion?, Erin Conway

Chicago-Kent Law Review

Encouraging technological innovation and improvement lies at the heart of the U.S. patent system. To achieve this goal, the patent system must provide robust protection to patentees while assuring that would-be inventors know exactly where protected inventions end and areas open to development begin. In recognizing the importance of these two functions of the patent laws, the Supreme Court in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. ("Festo VIII") set out to clarify the relationship between two important, yet troublesome, patent law doctrines-the doctrine of equivalents and prosecution history estoppel. However, in its attempt to restore balance …

Bosley Medical Institute V. Kremer: The Winds Shift To Protect Cybergripers And A Circuit Split Blows Into Town, Anita Bhushan

Georgia State University Law Review

No abstract provided.

Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss

Chicago-Kent Law Review

No abstract provided.

123 Years At The Negotiating Table And Still No Dessert? The Case In Support Of Trips Geographical Indication Protections, Amy P. Cotton

Chicago-Kent Law Review

No abstract provided.

Policy-Making Dynamics In Intergovernmental Organizations: A Comment On The Remarks Of Geoffrey Yu, Coenraad Visser

Chicago-Kent Law Review

No abstract provided.

The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard

Chicago-Kent Law Review

No abstract provided.

The United States First-To-Invent System: Economic Justifications For Maintaining The Status Quo, Suzanne Konrad

Chicago-Kent Law Review

The latest patent reform bill, the United States Patent Act of 2005, has rehashed one of the most hotly contested debates in patent law: whether the United States should switch to a first-to-file system. Most arguments for keeping the current first-to-invent system center on fairness to small businesses or individual inventors. Although this argument has held its own for many years, it is beginning to erode in the face of counterarguments that the switch to a first-to-file system would be economically beneficial by simplifying matters and encouraging faster public disclosure. Thus fairness is no longer enough to justify maintaining the …

Premarital Agreements And Choice Of Law: One, Two, Three, Baby, You And Me, Julia Halloran Mclaughlin

Missouri Law Review

Part II of this article presents an overview of premarital agreement rules related to procedural and substantive fairness. Part III examines the relationship between the Restatement (First) of Conflict of Laws (hereinafter Restatement (First)) and the Restatement (Second) of Conflict of Laws (hereinafter Restatement (Second)), with a specific focus on the ability of parties to contractually predetermine controlling law in relationship to marital rights and obligations before they marry. Part IV analyzes the choice of law provision in the UPAA. Part V synthesizes the existing judicial treatment of choice of law provisions in premarital agreements in jurisdictions applying the Restatement …

Current Research On Medical Malpractice Liability, Anup Malani

Articles

No abstract provided.