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Articles 1 - 30 of 35
Full-Text Articles in Law
Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Articles in Law Reviews & Other Academic Journals
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher
The Emerging Shape Of Global Justice: Retrogression Or Course Correction?, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Italian Model To Fight Covid-19: Regional Cooperation, Regulatory Inflation, And The Cost Of One-Size-Fits-All Lockdown Measures, Fernanda Giorgia Nicola Dr.
The Italian Model To Fight Covid-19: Regional Cooperation, Regulatory Inflation, And The Cost Of One-Size-Fits-All Lockdown Measures, Fernanda Giorgia Nicola Dr.
Articles in Law Reviews & Other Academic Journals
What has come to be known worldwide as the Italian model to fight COVID-19 was a series of governmental measures undertaken in early 2020 to reduce the contagion of a deadly virus ravaging the northern regions of Italy—especially Lombardy, Veneto, and Piedmont. These measures included quarantine or lockdown throughout the Italian territory, together with the revamping of hospitals, followed by economic recovery packages to address the standstill of the national economy. This Article focuses on the strengths and weaknesses of the Italian model. By highlighting the initial missteps, we can understand how this turned into a productive national and regional …
Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher
Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Every international and hybrid war crimes court has attracted a measure of controversy, but none more than the Extraordinary Chambers in the Courts of Cambodia (ECCC). While myriad aspects of the ECCC’s record are crucial to its legacy, this article explores one question of overarching importance: whether its performance has justified a key risk the UN assumed when it agreed to support the court — that case selection would be improperly influenced by the Cambodian government. More particularly, it assesses the ECCC’s performance in light of two questions: How well have safeguards against political interference worked? Are survivors of Khmer …
Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto
Access To Justice For Victims Of Conflict-Related Sexual Violence, Claudia Martin, Susana Sácouto, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
Despite persistent impunity for conflict-related sexual violence, there have been a limited number of significant cases holding perpetrators accountable within national justice systems. One of these cases is the Sepur Zarco case, in which two former military members were accused of committing acts of sexual violence, sexual slavery and domestic slavery near a military outpost in Sepur Zarco during the civil war in Guatemala. In a landmark verdict issued in February 2016, a Guatemalan court convicted the two accused, marking the first time a Guatemalan court has convicted former military members for acts of sexual violence committed in the context …
Memories Of Judgment: Constructing The Icty's Legacies, Diane Orentlicher
Memories Of Judgment: Constructing The Icty's Legacies, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
As the title of this symposium reflects, a critically important dimension of the Tribunal's legacy is its role in understanding the war and genocide in Bosnia. In my remarks, I want to drill down on the word "understanding," one of the most complex facets of the ICTY's legacy. In brief, I will make four points. The first is that the ICTY's expected contribution to understanding the 1990s conflict in Bosnia and the atrocities associated with that conflict was deeply important to many individuals whom I have interviewed in Bosnia-Herzegovina, as well as in Serbia, about the ICTY's impact in their …
Contextual Accountability, The World Bank Inspection Panel, And The Transformation Of International Law In Edith Brown Weiss' "Kaleidoscopic World", David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Social Media Platforms In International Criminal Investigations, Rebecca Hamilton
Social Media Platforms In International Criminal Investigations, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
In the summer of 2017, hundreds of thousands of videos of the Syrian conflict suddenly disappeared from YouTube. The videos had been published on channels like the Aleppo Media Center, the Shaam News Agency, and the Violations Documentation Center in Syria, which are run by Syrian civil society groups that have been documenting war crimes and other human rights violations since the conflict began in 2011. In a war zone that has been extraordinarily difficult for outside investigators to access, the videos provided crucial evidence that many hoped would eventually lead to international criminal prosecutions.One can readily imagine that any …
Speech Across Borders, Jennifer Daskal
Speech Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …
Racial Purges, Robert Tsai
Racial Purges, Robert Tsai
Articles in Law Reviews & Other Academic Journals
No abstract provided.
National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola
National Legal Traditions At Work In The Jurisprudence Of The Court Of Justice Of The European Union: Symposium: Foreign Law In Constitutional Courts, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
Numerous scholars have commented on the judicial style of the Court of Justice of the European Union and its non-Herculean judges, generally disapproving of its minimalist reasoning, lack of transparency, and failure to draw openly on comparative legal sources to avoid inconsistencies and weaknesses in its legal reasoning. In a debate where both historians and sociologists have provided new avenues of research, the paucity of comparative lawyers is surprising because European law is a quintessential example of a transnational legal order. Since its inception, European judges, advocates general, and lawyers in Luxembourg have drawn inspiration from the different national legal …
The Many Faces Of Transparency, Padideh Ala'i
The Many Faces Of Transparency, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
Transcript from the Proceedings of the Annual Meeting of American Society of International Law panel on the "Role of Transparency at the World Trade Organization."
Owning Justice And Reckoning With Its Complexity, Diane Orentlicher
Owning Justice And Reckoning With Its Complexity, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
A series of developments, both doctrinal and political, seem to signify a retreat from earlier innovations in the law and practice of international justice. On closer examination, however, recent developments in international justice cannot be reduced to a single trend line. Even as various actors and processes continue to work out the ground rules for exercising jurisdiction in respect of human rights violations that international law condemns as criminal, and as international and national courts work through the inherently challenging project of redressing mass atrocities, states have increasingly internalized, owned and acted on the principle that they should ensure accountability …
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …
Amicus Curiae Brief On The Practice Of Cumulative Charging Before International Criminal Bodies Submitted To The Appeals Chamber Of The Special Tribunal For Lebanon Pursuant To Rule 131 Of The Rules Of Procedure And Evidence, Susana Sacouto
Articles in Law Reviews & Other Academic Journals
On 7 February 2011, President of the Special Tribunal for Lebanon (STL), Antonio Cassese, issued a general invitation to, inter alia, nongovernmental organizations and academic institutions to submit briefs on specic issues related to the 15 preliminary questions addressed to the judges of the Appeals Chamber pursuant to Rule 68(G) of the Rules of Procedure and Evidence (RPE). On 11 February 2011, the War Crimes Research Oce (WCRO) of the American University Washington College of Law submitted an amicus curiae brief under Rule 131 of the RPE addressing the specific question of whether cumulative charging is an accepted practice before …
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley
Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Unilateral Multilateralism: United States Policy Toward The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón
El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Imprint Of Kosovo On International Law, Diane Orentlicher
The Imprint Of Kosovo On International Law, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams
The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel D. Bradlow
Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
This article, after describing the stakes in the ongoing debate about the operating procedures of the World Bank's Inspection Panel (Panel), explains the causes of this controversy. Thereafter it discusses the evolution of the proposal of the Working Group of the Bank's Board of Directors to correct the problems in the Panel's operating procedures. It suggests that, if the Board has the political will to adopt it, the final proposal of the Working Group has the potential to create a Panel procedure that is effective, independent, and impartial. The reason for this possibility is that the Bank, in an innovative …
Separation Anxiety: International Responses To Ethno-Separatist Claims, Diane Orentlicher
Separation Anxiety: International Responses To Ethno-Separatist Claims, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Separatism And The Democratic Entitlement, Diane Orentlicher
Separatism And The Democratic Entitlement, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Law And Human Dignity: The Judicial Soul Of Justice Brennan, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Chilean Consumer Protection Standards And The United Nations Guidelines On Consumer Protection: A Comparative Study Revealing Regional Conflicts, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
No abstract provided.