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Articles 1 - 30 of 34
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 …
Repackaging, Pharmaceuticals, And The European Union: Managing Gray Markets In An Uncertain Legal Environment, Robert Bird
Repackaging, Pharmaceuticals, And The European Union: Managing Gray Markets In An Uncertain Legal Environment, Robert Bird
Robert C Bird
One of the most robust gray markets in the world is the parallel importation of pharmaceutical drugs in the European Union (EU). Drug manufacturers have tried to stop parallel importation with over thirty years of litigation. The result has applied. This manuscript examines the forces underlying the EU gray market for drugs, discusses how trademark law and not patent law has become the primary basis for legal challenges, and offers strategies for manufacturers to impede importers in a truly chaotic legal environment.
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler
All Faculty Scholarship
In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …
Baselines Newsletter, No. 5, Fall 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines Newsletter, No. 5, Fall 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines: The Natural Resources Law Center Newsletter (2007-2011)
No abstract provided.
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.
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter
Law Faculty Scholarship
In recent years, there has been a growing discourse at the intersection of intellectual property and human rights, including whether or not individual intellectual property rights are, or can be, human rights. In 2007, this debate began to focus on the area of trademarks. That year, the European Court of Human Rights determined that it had jurisdiction over a trademark dispute, by virtue of the property rights provision found in Article 1 of Protocol 1 to the European Convention on Human Rights. This paper seeks to explore the connection between trademarks and human rights. The first part of the article …
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 …
Baselines Newsletter, No. 4, Spring 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines Newsletter, No. 4, Spring 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines: The Natural Resources Law Center Newsletter (2007-2011)
No abstract provided.
Do Independent Boards Behave Differently? Examining The Voluntary Adoption Of Board Monitoring Mechanisms, Anita I. Anand
Do Independent Boards Behave Differently? Examining The Voluntary Adoption Of Board Monitoring Mechanisms, Anita I. Anand
Anita I Anand
We ask whether firms with an independent board of directors are more likely than firms without an independent board to adopt recommended corporate governance practices designed to enhance the board's monitoring capabilities. Using hand-collected data from Canadian firms listed on both American and Canadian stock exchanges, we find that firms with both types of boards voluntarily adopt corporate governance practices and that independent boards are no more likely to adopt these practices than their non-independent counterparts. One exception to this statement is the formation of board committees. When boards are independent, the audit and compensation committees are far more likely …
The Politics Of International Economic Law: Legitimacy And The Uncitral Working Methods., Claire R. Kelly
The Politics Of International Economic Law: Legitimacy And The Uncitral Working Methods., Claire R. Kelly
Claire R. Kelly
Abstract The process of international lawmaking is, in part, a function of both politics and the attempt to engage in legitimate norms generation. States seek power through process in the international sphere. But States also use process enable representative, transparent, and effective rules. This paper considers how we might begin to deconstruct procedural proposals involving international norm generation by taking a look at a recent controversy over the methods of work at the United Nations Commission on International Trade Law (UNCITRAL). It will consider various paradigms to assess the legitimacy claims of international norms as applied to one particular controversy …
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.
Japan Should Follow The International Trend And Face Its History Of World War Ii Forced Labor, Michael Bazyler
Japan Should Follow The International Trend And Face Its History Of World War Ii Forced Labor, Michael Bazyler
Michael Bazyler
No abstract provided.
Accountability And The Commission On The Limits Of The Continental Shelf: Deciding Who Owns The Ocean Floor, Anna Cavnar
Accountability And The Commission On The Limits Of The Continental Shelf: Deciding Who Owns The Ocean Floor, Anna Cavnar
Anna Cavnar
Over the past decade, scholars and government officials have become increasingly concerned that the world is building an international institutional infrastructure that is unaccountable to the states and individuals it supposedly serves. This Article takes the question of accountability to the Commission on the Limits of the Continental Shelf (the "Commission" or "CLCS"), the international body charged with overseeing delineation of the outer continental shelf – a process which will eventually give more than sixty countries exclusive control over millions of square kilometers of seabed and the resources, including potentially vast oil and gas deposits, found within it. The United …
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.
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Our book Critical Tax Theory: An Introduction (Cambridge University Press 2009) highlights and explains the major themes and methodologies of a group of scholars who challenge the traditional claim that tax law is neutral and unbiased. The contributors to this volume include pioneers in the field of critical tax theory, as well as key thinkers who have sustained and expanded the investigation into why the tax laws are the way they are and what impact tax laws have on historically disempowered groups. This volume will provide an accessible introduction to this new and growing body of scholarship. It will be …
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.
Table 2. International Standards Of Child Labor In Agriculture, Irina Feofanova
Table 2. International Standards Of Child Labor In Agriculture, Irina Feofanova
Irina Feofanova
APPENDICES for COMBATING OF CHILD LABOR IN AGRICULTURE: CRITICISM OF EXISTING STANDARDS AND ROLE OF TRANSNATIONAL CORPORATIONS.
Innovative Destruction: Structured Finance & Credit Market Reform In The Bubble Era, Aaron J. Unterman
Innovative Destruction: Structured Finance & Credit Market Reform In The Bubble Era, Aaron J. Unterman
Aaron J. Unterman
The combination of unregulated financial innovation and human greed has, and will continue to have, dire effects on the international economy. The financial crisis which began in the American sub-prime housing market, and spread across the globe, has devastated the structured finance industry and cast doubts on the new era of credit risk transfer, which had come to represent the achievements of financial innovation. This paper explores the role structured finance played in the credit crisis, dissecting the complex instruments which drove the industry and allowed the American sub-prime housing market to infect the international economy. This paper argues that …
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Regulating Fishing In Australia: From Mullet Size Limits To International Hot Pursuits, Warwick Gullett
Faculty of Law - Papers (Archive)
Fisheries laws simply regulate human interactions with fish. Yet it is an enormous challenge to get them right. The central problem with which fishing laws need to deal is that technological advancements continually enable people (especially commercial fishers) to increase their ability to catch fish. This may be coupled with an increasing number of people fishing, or perhaps a relatively stable number of people fishing but changing their practice such as intensively fishing in one location. Human activities affecting fish are ever changing and, as a result, so too are fisheries laws. Past fishery collapses (such as cod stocks off …
International Police Missions As Reverse Capacity Building: Experiences Of Australian Police Personnel, Vandra Harris, Andrew Goldsmith
International Police Missions As Reverse Capacity Building: Experiences Of Australian Police Personnel, Vandra Harris, Andrew Goldsmith
Faculty of Law - Papers (Archive)
Since 2003 many hundreds of Australian police officers have served in police peace-keeping and capacitybuilding missions in Solomon Islands, Timor-Leste and Papua New Guinea. Working within bilateral or multilateral engagements, these police have encountered significant differences in legal and policing cultures as well as political and community environments. This paper considers how these experiences influence Australian police officers' thinking about policing in general, and how they view the legacy of their service. It explores the extent to which Australian police think they have had their own capabilities altered by the very processes through which they attempt to build the capacity …
Combating Iuu Fishing: International Legal Developments, Mary Ann Palma
Combating Iuu Fishing: International Legal Developments, Mary Ann Palma
Faculty of Law - Papers (Archive)
When the international Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) was adopted in 2001, the term illegal, unreported and unregulated fishing or "IUU fishing" instantly gained the attention of States, regional organisations, non-government organisations, and academic institutions.
What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies
What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper illustrates some of the dynamic ways that members of the Korean, Australian, New Zealand and Chinese creative and cultural industries have engaged with international instruments such as co-production treaties. Strategies, benefits returned and lost costs, that is, sacrifices that are made in the process of producing a film or digital media program in more than one country, and/or with an international team are investigated to reveal how creators are engaging with the demands of different governments' policies. It is hoped that this paper and the larger research project to which it is attached will assist scholars, creative and …
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Scholarly Works
Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under …
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. …
The Doctrine Of Equivalents In Various Patent Regimes: Does Anybody Have It Right?, Martin J. Adelman
The Doctrine Of Equivalents In Various Patent Regimes: Does Anybody Have It Right?, Martin J. Adelman
GW Law Faculty Publications & Other Works
The doctrine of equivalents is arguably one of the most important aspects of patent law. The protection a patent confers is meaningless if its scope is determined to be so narrow that trivial changes to a device bring it out of the bounds of the patent. One of the greatest challenges courts and legislatures therefore face in patent law is to create rules for determining patent scope that maintain the protection a patent is meant to confer while still keeping the patent monopoly within reasonable bounds. Despite the general unity in patent laws among developed countries, the difficulty of this …
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Toward Fundamental Change For The Protection Of Low-Wage Workers: The “Workers’ Rights Are Human Rights" Debate In The Obama Era, Ruben J. Garcia
Scholarly Works
In order to avoid the pendulum swings of politics, advocates must argue for more fundamental norms for the protection of labor rights. Statutory protections, while important, will not provide long-lasting change toward establishing workers' rights as fundamental under constitutional and international law principles. Workers' rights must be seen as fundamental to the functioning of a democratic society, rather than as the special interest agenda of unions or plaintiffs' attorneys. This can be done through more advocacy for a minimum set of workers' rights as human rights, including the right to organize labor unions and the right to be free from …
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.
Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead
Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead
Journal Articles
The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …