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2015

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Articles 21271 - 21300 of 21314

Full-Text Articles in Law

Secrets D'Affaires: L'Urgente Nécessité D'Adopter Une Directive Face A L'Inefficacité De L'Application De L'Accord Sur Les Adpic, Luis González Vaqué Dec 2014

Secrets D'Affaires: L'Urgente Nécessité D'Adopter Une Directive Face A L'Inefficacité De L'Application De L'Accord Sur Les Adpic, Luis González Vaqué

Luis González Vaqué

In November 2013, the Commission proposed a draft directive that will align existing laws against the misappropriation of trade secrets across the EU.

The relevant laws of some Member States do not provide for a legal definition of what a trade secret is. The existing remedies available are also inconsistent, and at times ineffective.

The proposal harmonises the definition of trade secrets in accordance with existing internationally binding standards. It also defines the relevant forms of misappropriation and clarifies that reverse engineering and parallel innovation must be guaranteed, given that trade secrets are not a form of exclusive intellectual property …

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European Food (Mis)Information To Consumers: Do Safety Risks Lie Just Around The Corner?, Luis González Vaqué, Corrado Finardi Dec 2014

European Food (Mis)Information To Consumers: Do Safety Risks Lie Just Around The Corner?, Luis González Vaqué, Corrado Finardi

Luis González Vaqué

Regulation 1169/20111 of the European Parliament and the Council is hardly new, yet debate around it continues to gain momentum in academic literature and the food business community, including in the latter case on new media and social networks. This appears to be due not just to the intrinsic relevance of the law but also to its delayed introduction, along with pending uncertainties and the need for further disambiguation. It has already required two separate clarifications from the EC services, in the form of “Questions andAnswers” documents - the second due to be published at the time of writing.

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Patent Conflicts, Tejas N. Narechania Dec 2014

Patent Conflicts, Tejas N. Narechania

Tejas N. Narechania

Patent policy is typically thought to be the product of the Patent and Trademark Office, the Court of Appeals for the Federal Circuit, and, in some instances, the Supreme Court. This simple topography, however, understates the extent to which outsiders can shape the patent regime. Indeed, a variety of administrative actors influence patent policy through the exercise of their regulatory authority and administrative power.
This Article offers a novel description of the ways in which nonpatent agencies intervene into patent policy. In particular, it examines agency responses to conflicts between patent and other regulatory aims, uncovering a relative preference for …

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Federal And State Authority For Broadband Regulation, Tejas N. Narechania Dec 2014

Federal And State Authority For Broadband Regulation, Tejas N. Narechania

Tejas N. Narechania

Verizon’s challenge to the Federal Communications Commission’s 2010 Open Internet Order voided the substance of those rules. But even as the Commission lost the authority to enforce those rules, it gained substantial new regulatory powers. The D.C. Circuit expressly affirmed the Commission’s interpretation of section 706 of the Telecommunications Act of 1996, granting it general regulatory authority to promote the deployment of broadband infrastructure. The significance of this power can hardly be understated. The Commission has relied on this authority to preempt state statutes, to subsidize broadband deployment, and even to support, together with Title II of the Communications Act, …

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Agency Boundaries And Network Neutrality, Tejas N. Narechania Dec 2014

Agency Boundaries And Network Neutrality, Tejas N. Narechania

Tejas N. Narechania

The Federal Communications Commission’s latest network neutrality regulations, released in 2015, have been the subject of compliment and critique by a varied set of politicians, industry leaders, and scholars. But a potentially surprising font of criticism for these new rules lies within the administration itself: During the FCC’s rule-making proceeding, the Federal Trade Commission cautioned that the FCC could undermine the FTC’s authority to sanction unfair and anticompetitive conduct in broadband industries by activating its powers under Title II of the Communications Act. Simultaneously, members of the FTC argued that it, rather than the FCC, was better suited to address …

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Judicial Priorities, Bert I. Huang, Tejas N. Narechania Dec 2014

Judicial Priorities, Bert I. Huang, Tejas N. Narechania

Tejas N. Narechania

In an unprecedented move, the Illinois Supreme Court in the mid-1990s imposed hard caps on the state's appeals courts, drastically reducing the number of opinions they could publish, while also narrowing the formal criteria for opinions to qualify for publication. The high court explained that the amendment's purpose was to reduce the "avalanche of opinions emanating from [the] Appellate Court," which was causing legal research to become "unnecessarily burdensome, difficult and costly."
This unusual and sudden policy shift offers the chance to observe the priorities of a common law court in its production of published opinions. The method we introduce …

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Victims Of Human Trafficking In The Asylum Procedure. A Legal Analysis Of The Guarantees For 'Vulnerable Persons' Under The Second Generation Of Eu Asylum Legislation, Vladislava Stoyanova Dec 2014

Victims Of Human Trafficking In The Asylum Procedure. A Legal Analysis Of The Guarantees For 'Vulnerable Persons' Under The Second Generation Of Eu Asylum Legislation, Vladislava Stoyanova

Vladislava Stoyanova

Victims of human trafficking have been designated as a group of migrants in need of special assistance and protection. As a result, a whole legal framework has been developed revolving around this group. Within Europe, this framework operates on two levels: the Council of Europe and the EU. EU law has added an additional layer of sophistication with its second generation of asylum legislation. The category ‘victims of human trafficking’ has been added to the group of persons considered as ‘vulnerable persons’ who might be in need of special reception conditions and/or special procedural guarantees. The objective of this article …

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Introducing The Second Phase Of The Common European Asylum System, Vladislava Stoyanova Dec 2014

Introducing The Second Phase Of The Common European Asylum System, Vladislava Stoyanova

Vladislava Stoyanova

No abstract provided.

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Review Of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage By Penelope Simons And Audrey Macklin, Sara L. Seck Dec 2014

Review Of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage By Penelope Simons And Audrey Macklin, Sara L. Seck

Sara L. Seck

No abstract provided.

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Specialized Standards Of Review, Jonas Anderson Dec 2014

Specialized Standards Of Review, Jonas Anderson

J. Jonas Anderson

ABSTRACT The applicable standard of review on appeal is governed by a simple rule: appellate courts review questions of law de novo, questions of fact for "clear error, " and questions of discretion for "abuse of discretion.

Despite the apparent simplicity of the rule, its application has been uneven, to state it mildly. Scholars have written extensively about the application of the rule, but have yet to consider whether the traditional rule of "deference " should be altered when the appellate court is a specialized court. Despite the dearth of legal scholarship on specialized deference, the Supreme Court is keenly …

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The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i Dec 2014

The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i

Padideh Ala'i

The United Scares legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 ( Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended 10 comply wi1h the adop1ion of the OECD Conven1ion on Comba1ing Bribery …

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Abriendo Caminos: Acceso A La Cultura, Educación A Distancia Y Digitalización De Obras En Los Límites Y Excepciones A Los Derechos De Autor, Javier André Murillo Chávez Dec 2014

Abriendo Caminos: Acceso A La Cultura, Educación A Distancia Y Digitalización De Obras En Los Límites Y Excepciones A Los Derechos De Autor, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

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Bankruptcy And Higher Education Institutions, St. John’S University School Of Law Symposium, Scott F. Norberg Dec 2014

Bankruptcy And Higher Education Institutions, St. John’S University School Of Law Symposium, Scott F. Norberg

Scott Norberg

No abstract provided.

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Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu Dec 2014

Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu

J. Janewa Osei-Tutu

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …

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An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds Dec 2014

An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds

Jesse Reynolds

Solar climate engineering is under increasing consideration as a potential means to reduce climate change risks. Its field research may generate knowledge to reduce climate risks to humans and the environment and will, at sufficient scales, pose its own risks, some of which will be transboundary. Liability or compensation for harm is frequently referenced as a possible component of international regulation of solar climate engineering but has been insufficiently elaborated. This article offers an economic analysis of the possible interrelated roles of rules, liability, and compensation in the future international regulation of large-scale solar climate engineering field research. Notably, the …

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The Role Of The Profit Imperative In Risk Management, Christopher French Dec 2014

The Role Of The Profit Imperative In Risk Management, Christopher French

Christopher C. French

Risks in the world abound.  Every day there is a chance that each of us could be in a car accident.  Or, one of us could be the victim of a tornado, flood or earthquake.  Every day someone becomes deathly ill from an insidious disease.  Our properties are in constant peril—one’s house could catch fire at any time or a tree could fall on it during a storm.  Any one of these events could have devastating financial consequences, and they are just a few of the many risks that impact our daily lives.  One of the principal ways we manage …

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Una Teoría Global Del Derecho. Algunas Propuestas Ante La Crisis De La Tradición Jurídica Occidental, Juan Pablo Pampillo Baliño Dec 2014

Una Teoría Global Del Derecho. Algunas Propuestas Ante La Crisis De La Tradición Jurídica Occidental, Juan Pablo Pampillo Baliño

Dr. Juan Pablo Pampillo Baliño

No abstract provided.

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Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague Dec 2014

Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Law Abiding Drones

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Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection (With Albert J. Plawinski), Henry H. Perritt Jr. Dec 2014

Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection (With Albert J. Plawinski), Henry H. Perritt Jr.

Henry H. Perritt, Jr.

Making Civilian Drones Safe: Performance Standards, Self-Certification, and Post-Sale Data Collection (with Albert J. Plawinski)

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Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond, Raizel Liebler Dec 2014

Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond, Raizel Liebler

Raizel Liebler

This chapter draws parallels across fictional genres, historical periods, and national legal and cultural traditions, to explore the relationship between popular forms of copyright protected fiction and the diverse forms of fan fiction that develop in relation to such works. Whilst fans of various fictional works revere the authors whose works they like, this reverence often takes the form of a kind of guardianship or that does not directly conform with authorial/ corporate conceptions of copyright control. Fans are not passive recipients of content, but active in their engagement with it. Often this involves creative copies, extensions and revisions.

While …

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Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst Dec 2014

Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst

Samuel F Ernst

There are few areas of patent law more contentious than the dispute over the social utility of “non-practicing entities,” or (if you will excuse the expression) “patent trolls.” Whether non-practicing entities add value to society is a topic of much debate, and the focus of the 2015 Chapman Law Review Symposium.

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Free At Last From Obscurity: Achieving Clarity, Gerald Lebovits Dec 2014

Free At Last From Obscurity: Achieving Clarity, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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"Drafting New York Civil-Litigation Documents: Motion Practice Overview Continued" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits Dec 2014

"Drafting New York Civil-Litigation Documents: Motion Practice Overview Continued" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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On Terra Firma With English, Gerald Lebovits Dec 2014

On Terra Firma With English, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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Litigating In The Qatar International Court / لتقاضي في محكمة قطر الدولية, Gerald Lebovits Dec 2014

Litigating In The Qatar International Court / لتقاضي في محكمة قطر الدولية, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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"E-Mail Netiquette For Lawyers" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits Dec 2014

"E-Mail Netiquette For Lawyers" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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"Drafting New York Civil-Litigation Documents: Motion Practice Overview" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits Dec 2014

"Drafting New York Civil-Litigation Documents: Motion Practice Overview" In Pathway To The Profession: From Law School To Lawyer, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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Drafting New York Civil-Litigation Documents: Part Xxxviii—Motions To Vacate Default Judgments, Gerald Lebovits Dec 2014

Drafting New York Civil-Litigation Documents: Part Xxxviii—Motions To Vacate Default Judgments, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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Infant Compromise Orders In New York, Gerald Lebovits Dec 2014

Infant Compromise Orders In New York, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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New York Residential Landlord-Tenant Law And Procedure—2014-2015 (7th Ed. 2015), Gerald Lebovits Dec 2014

New York Residential Landlord-Tenant Law And Procedure—2014-2015 (7th Ed. 2015), Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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