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Articles 1501 - 1530 of 2756
Full-Text Articles in Conflict of Laws
Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble displayed this slideshow during her presentation at the Fifth Annual Internet Law Works-in-Progress conference, held at Santa Clara Law on March 7, 2015.
Conflict Of Laws Aspects In Same-Sex Relationships In Africa: A Comparative Study, Solomon Frimpong Amoateng
Conflict Of Laws Aspects In Same-Sex Relationships In Africa: A Comparative Study, Solomon Frimpong Amoateng
LLM Theses
Same-sex relationships will likely be in violation of the laws of most African countries. In Nigeria, Ghana and Kenya, a same-sex relationship is either explicitly prohibited or there is legislation which can be interpreted to prohibit the union. However, the growing trend of the institutionalization of same-sex marriage around the world means that even countries that do not domestically recognize same-sex relationships may be confronted with the challenge of dealing with it in a conflict of laws context. The discussion shows that the strict application of the rule of non-recognition, where the court gives no legal effect to a foreign …
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Scholarly Works
The increasing frequency with which activities involving intellectual property (“IP”) cross national borders now warrants a clear definition of the territorial reach of national IP laws so that parties engaging in the activities can operate with sufficient notice of the laws applicable to their activities. Legislators, however, have not devoted adequate attention to the territorial delineation of IP law; in fact, legislators rarely draft IP statutes with any consideration of cross-border scenarios, and with few exceptions IP laws are designed with only single-country scenarios in mind. Delineating the reach of national IP laws is actually a complex matter because the …
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble
Scholarly Works
From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.
This Article posits that …
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton
Cornell Law Faculty Publications
The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …
The Un-Territoriality Of Data, Jennifer Daskal
The Un-Territoriality Of Data, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
Territoriality looms large in our jurisprudence, particularly as it relates to the government’s authority to search and seize. Fourth Amendment rights turn on whether the search or seizure takes place territorially or extraterritorially; the government’s surveillance authorities depend on whether the target is located within the United States or without; and courts’ warrant jurisdiction extends, with limited exceptions, only to the borders’ edge. Yet the rise of electronic data challenges territoriality at its core. Territoriality, after all, depends on the ability to define the relevant “here” and “there,” and it presumes that the “here” and “there” have normative significance. The …
First Amendment Decisions - 2002 Term, Joel Gora
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart
Georgia Journal of International & Comparative Law
No abstract provided.
Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb
Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb
Georgia Journal of International & Comparative Law
No abstract provided.
Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce
Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce
Georgia Journal of International & Comparative Law
No abstract provided.
Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon
Georgia Journal of International & Comparative Law
No abstract provided.
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Georgia Journal of International & Comparative Law
No abstract provided.
International Law - Enforcement Of International Centre For Settlement Of Investment Disputes Arbitral Awards In The United States - Signatories To The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States Are Not Entitled To Sovereign Immunity With Respect To Enforcement Of Icsid Arbitral Awards, Liberian Eastern Timber Corp. V. Government Of Republic Of Liberia, 650 F. Supp. 73 (S.D.N.Y.1986), Dorothy B. Franzoni
Georgia Journal of International & Comparative Law
No abstract provided.
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon
Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon
Georgia Journal of International & Comparative Law
No abstract provided.
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Law And Religion: Sharia Law And The First Amendment, Joseph A. Williamson
Law And Religion: Sharia Law And The First Amendment, Joseph A. Williamson
Senior Honors Theses
America has long been seen as the capital of religious freedom and individual rights. In recent years a debate has arisen over whether an individual can personally adhere to the legal concept of sharia law under the protections of the first amendment. At the center of this debate is precedent that can be drawn from previous interactions between religion and American ideals. Two similar issues that have been settled both judicially and legislatively are the conscientious draft objector and the federal prohibition of polygamy. By studying the roots of Islamic law and then the basis of these two concepts, a …
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Appellate Division, Second Department, Langan V. St. Vincent's Hospital Of New York, Christin Harris
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Touro Law Review
No abstract provided.
Uniform Application And Interest Rates Under The 1980 Vienna Sales Convention, Franco Ferrari
Uniform Application And Interest Rates Under The 1980 Vienna Sales Convention, Franco Ferrari
Georgia Journal of International & Comparative Law
No abstract provided.
Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.
Extraterritorial Application Of The United States' Trade Embargo Against Cuba: The United Nations General Assembly's Call For An End To The U.S. Trade Embargo, Jerry W. Cain Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Georgia Journal of International & Comparative Law
No abstract provided.
Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker
Georgia Journal of International & Comparative Law
No abstract provided.
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
License To Discriminate: How A Washington Florist Is Making The Case For Applying Intermediary Scrutiny To Sexual Orientation, Kendra Lacour
Seattle University Law Review
Over the past few decades, the debate over sexual orientation has risen to the forefront of civil rights issues. Though the focus has generally been on the right to marriage, peripheral issues associated with the right to marriage—and with sexual orientation generally—have become more common in recent years. As the number of states permitting same-sex marriage—along with states prohibiting discrimination on the basis of sexual orientation—increases, so too does the conflict between providers of public accommodations and those seeking their services. Never is this situation more problematic than when religious beliefs are cited as the basis for denying services to …
A Matter Of Compliance: How Do U.S. Multinational Corporations Deal With The Discrepancies In The Family And Medical Leave Act Of 1993 And The European Union Directive On Parental Leave; Is An International Standard Practical Or Appropriate In This Area Of Law?, Kathryn L. Morris
Georgia Journal of International & Comparative Law
No abstract provided.
Lost In The Weeds Of Pot Law: The Role Of Ethics In The Movement To Legalize Marijuana, Helia Garrido Hull
Lost In The Weeds Of Pot Law: The Role Of Ethics In The Movement To Legalize Marijuana, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Where Does The Authority Lie?: Constitutional Construction Of Alabama's Newest Bingo Amendments, Brandon A. Jackson
Where Does The Authority Lie?: Constitutional Construction Of Alabama's Newest Bingo Amendments, Brandon A. Jackson
UNLV Gaming Law Journal
No abstract provided.
Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek
Georgia Journal of International & Comparative Law
No abstract provided.
Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard
Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard
Georgia Journal of International & Comparative Law
No abstract provided.