Law Commons^™

Battles Around Legal Education Reform: From Entrenched Local Legal Oligarchies To Oligopolistic Universals. India As A Case Study, Yves Dezalay, Bryant G. Garth

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Cross-Border Student Flows And The Construction Of International Law As A Transnational Legal Field, Anthea Roberts

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Masthead, Mission Statement, And Table Of Contents

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Who Rules The World? The Educational Capital Of The International Judiciary, Mikael Rask Madsen

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Sticky Floors, Springboards, Stairways & Slow Escalators: Mobility Pathways And Preferences Of International Students In U.S. Law Schools, Carole Silver, Swethaa S. Ballakrishnen

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

The Unstoppable Force, The Immovable Object: Challenges For Structuring A Cosmopolitan Legal Education In Brazil, Oscar Vilhena Vieira, José Garcez Ghirardi

UC Irvine Journal of International, Transnational, and Comparative Law

This Article discusses the challenges for structuring a more

cosmopolitan legal education in the global South without falling in the

traps of legal colonialism, academic solipsism and social elitism. It does so

by examining the experience of FGV Direito SP, an attempt to create a

global Law school in Brazil. The Article suggests that understanding the

broad implications of a project for radically changing legal teaching in

Brazil requires a nuanced reading of the encounter between the purportedly

unstoppable force of globalization and the supposedly immovable object of

traditional legal institutions.

This Article is organized in four sections. The first …

Who Wants The Global Law School?, Kevin E. Davis, Xinyi Zhang

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.

Investor-State Dispute Settlement: Human Rights And Regulatory Lessons From Lilly V. Canada, Daniel J. Gervais

UC Irvine Law Review

The triangular interface between trade, intellectual property (IP) and human rights has yet to be fully formed, both doctrinally and normatively. Adding investor-state dispute settlement (ISDS) to the mix increases the complexity of the equations to solve. Two resultant issues are explored in this Article. First, the Article considers ways in which broader public policy objectives—in particular, the protection of human rights—can and should be factored into determinations of whether a state’s action is compatible with its trade obligations and commitments in the state-to-state dispute settlement context. Second, the Article examines whether doctrinal tools used in state-to-state, trade-dispute settlement to …

The Marrakesh Treaty As "Bottom Up" Lawmaking: Supporting Local Human Rights Action On Ip Policies, Molly K. Land

UC Irvine Law Review

Global intellectual property rules have had adverse consequences for the promotion and protection of a range of human rights, including the rights to food, health, water, culture, equality and non-discrimination, and freedom of expression. Nonetheless, these issues have been framed in human rights terms primarily at the international and regional levels. Domestic human rights advocates have largely not taken up the issue of how intellectual property law affects the enjoyment of human rights.

This Article argues that this incomplete translation is due to widespread reliance on a fairly narrow understanding of human rights. Human rights, when understood only as a …

"Mark My Words"—Trademarks And Fundamental Rights In The Eu, Jens Schovsbo

UC Irvine Law Review

This Article analyses the new provisions in EU law that trademark rules should be “applied in a way that ensures full respect for fundamental rights and freedoms, and in particular the freedom of expression.” It is pointed out how these provisions are part of a broader trend of “constitiutionalization” in EU law whereby courts increasingly rely on fundamental rights when they interpret the rules of Intellectual Property Rights (IPR). After a presentation of the historical and legislative background for the changes and the related development in copyright law, the likely impact of the new trademark rules is discussed. It is …