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Full-Text Articles in Law

Direct Application Of International Commercial Law In Chinese Courts: Intellectual Property, Trade, And International Transportation, Jie Huang Dec 2008

Direct Application Of International Commercial Law In Chinese Courts: Intellectual Property, Trade, And International Transportation, Jie Huang

Jie Huang

Different from scholarship that focuses on the relationship between China and International Law regarding territory, armed conflicts, human rights violations, this article explores the relationship between China and International Law in a commercial setting. It explores how Chinese courts apply international commercial law in adjudicating cases involving foreign factors. Moreover, this article goes beyond contemporary scholarship that concerns international commercial law and China but only focuses on the text of Chinese statutes and judicial interpretations: it elaborates how courts apply statutes and judicial interpretations in actual adjudications through cases studies. By covering cases decided by the Supreme People’s Court and …


Restricting Fair Use To Save The News: A Proposed Change In Copyright Law To Bring More Profit To News Reporting, Ryan T. Holte Jun 2008

Restricting Fair Use To Save The News: A Proposed Change In Copyright Law To Bring More Profit To News Reporting, Ryan T. Holte

Prof. Ryan T. Holte

This article deals with the current state of the news industry and the rapidly declining number of national newspapers. It examines the present condition of the media, the effect the Internet has had on the news business, and the economic and public policies behind protecting news. The paper then discusses the current means of protecting information, through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from top-caliber news reporting.


Inventors, Entrepreneurs, And Intellectual Property Law, Michael J. Meurer Jan 2008

Inventors, Entrepreneurs, And Intellectual Property Law, Michael J. Meurer

Faculty Scholarship

I am not sure why small business concerns have not had more influence on IP law. Perhaps the sentiment prevailing in antitrust law spilled over into IP law. American antitrust law has reached a near consensus that small firms get no special treatment under a law designed to protect competition, not competitors. ° In contrast, European competition law regulators are more likely to protect small business, and European patent policymakers openly fret about how to reform their patent law to promote small business.2

Regardless, my concern in this Article is mostly with the normative question: Should IP law favor …


Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor Jan 2008

Teaching Ip From An Entrepreneurial Counseling And Transactional Perspective, Sean M. O'Connor

Saint Louis University Law Journal

The traditional law school appellate case method is not well-suited to teaching students either the substance and process of counseling entrepreneurial clients or helping such clients create IP strategies that effectively advance their business vision. This Article describes the author’s creation of new courses and clinics to advance teaching IP in the emerging field of entrepreneurship and innovation law.