International Law Commons^™

United States Supreme Court Survey: 2019 Term: Hernandez V. Mesa: A Catalyst For Change?, Diana Hassel

Roger Williams University Law Review

No abstract provided.

Intellectual Property Through A Non-Western Lens: Patents In Islamic Law, Tabrez Y. Ebrahim

Faculty Scholarship

The intersection of secular, Western intellectual property law and Islamic law is undertheorized in legal scholarship. Yet the nascent and developing non-Western law of one form of intellectual property—patents—in Islamic legal systems is profoundly important for transformational innovation and economic development initiatives of Muslim-majority countries that comprise nearly one-fifth of the world’s population.

Recent scholarship highlights the tensions of intellectual property in Islamic law because religious considerations in an Islamic society do not fully align with Western notions of patents. As Islamic legal systems have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological …

Challenging The Commodification Of Human Rights: The Case Of The Right To Housing, Birchall, David

Santa Clara Journal of International Law

Challenging the Commodification of

Human Rights:

The Case of the Right to Housing

Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev

Publications

No abstract provided.

A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone

Publications

There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.

Cyber Due Diligence, Eric Talbot Jensen, Sean Watts

Oklahoma Law Review

No abstract provided.

Mediation Ethics After The Singapore Convention, Zachary R. Calo

Scholarly Works

The aim of this essay is to consider the shape of mediation ethics after the Singapore Convention. It assesses the role of ethics with the Convention framework, as well as how the Convention can inform broader conversations about mediation ethics. The international commercial mediation landscape initiated by the Convention commends certain approaches to ethics for its effective and efficient operation. In particular, it is argued that the Convention system is best complemented by codes of ethics that are clear and standardized in their norms as well as modest in the scope of their regulatory ambitions. An ethical system defined by …

Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang

Fordham Intellectual Property, Media and Entertainment Law Journal

China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand …

Should They Stay Or Should They Go? African Cultural Goods In France’S Public Domain, Between Inalienability, Transfers, And Circulations, Clara Cassan

Fordham Intellectual Property, Media and Entertainment Law Journal

France’s colonialism over Subsharan Africa until the 1960s has had persistant psychological and material consequences. Amongst them is the lingering presence of a significant amount of African objects in French museum collections. In the last five years, Subsaharan African countries have reiterated their desire to receive parts of these collections. Through their “restitution requests,” they identify themselves as the objects’ legitimate owners and claim to have been robbed of their cultural property during colonialism.

The exact conditions under which each Subsaharan artifact arrived on French grounds—whether through theft, donations, sales, or looting—remain unsettled. Even where thefts can be proven, they …

It’S All About The Pasta: Protectionism, Liberalization, And The Challenge For Quality And Sustainability Of Made In Italy, Fernanda G. Nicola, Gino Scaccia

FIU Law Review

No abstract provided.

Gangmastering Passata: Multi-Territoriality Of The Food System And The Legal Construction Of Cheap Labor Behind The Globalized Italian Tomato, Dr. Tomaso Ferrando

FIU Law Review

No abstract provided.

Like Oil Floating On Water: Italy’S Olive Crisis And The Politics Of Backlash Against Transnational Legal Orders, Tommaso Pavone

FIU Law Review

No abstract provided.

The Legal Legacy Of The Special Court For Sierra Leone: Amnesties, Dr. Alhagi B.M. Marong

FIU Law Review

No abstract provided.

The Special Court For Sierra Leone: Instigating International Criminal Law’S Consideration Of Forced Marriage, Valerie Oosterveld

FIU Law Review

No abstract provided.

Italian Coffee: Retelling The Story, Helena Alviar García

FIU Law Review

No abstract provided.

Narratives Of Quality In European Food Governance And Beyond, Lorenzo Bairati

FIU Law Review

No abstract provided.

“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo

FIU Law Review

No abstract provided.

The Continued Relevance Of The Contributions Of The Sierra Leone Tribunal To International Criminal Law, Charles C. Jalloh

FIU Law Review

No abstract provided.

Legacy Of The Special Court For Sierra Leone: Creating Space For Non-Judicial Alternatives, Linda Carter

FIU Law Review

No abstract provided.

Dealing With Gender-Based Crimes In International Criminal Law, Tamara Cummings-John

FIU Law Review

No abstract provided.

Who Bears The Greatest Responsibility For International Crimes?, Margaret M. Deguzman

FIU Law Review

No abstract provided.

Weaving A Broader Tapestry, Mark A. Drumbl

FIU Law Review

No abstract provided.

The Legal Legacy Of The Special Court For Sierra Leone: The Sierra Leone Perspective—When The Story Is As Important As The Storyteller, Dr. Michael Imran Kanu

FIU Law Review

No abstract provided.

Did The Special Court For Sierra Leone Work?, Simon M. Meisenberg

FIU Law Review

No abstract provided.

The Important Contributions Of The Special Court For Sierra Leone On Amnesties And Immunities: Reinforcing Foundational Principles Of International Criminal Law, Leila Nadya Sadat

FIU Law Review

No abstract provided.

Weighing The Patent Box: An Evaluation Of The Ex Post Tax Incentive Of A Lower Tax Regime For Products That Incorporate Patents, Kyle Beczkiewicz

Marquette Intellectual Property & Innovation Law Review

None

Storming Zuckerberg’S Castle, Anupam Chander

Georgetown Law Faculty Publications and Other Works

A company’s server is its castle, Richard Epstein once declared. Because of this, anyone sending an email to that server needs permission to enter. Within its own logic, this seems incontrovertible, but it depends on a few logical steps worth unpacking. It begins with the premise that a man’s home is his castle. (The masculine pronoun in the early formulation seems relevant.) Let us accept that premise for the purpose of argument. Combining this premise with the investiture of legal personhood on a corporation, we might then deduce that a company’s home must be its castle. Finally, combining that …

Measuring The Art Of International Law, Mary Ellen O'Connell

Journal Articles

Social science methodology is a useful adjunct to law, but it cannot replace the humanist ideas that constitute law. Scholars developed social science at the end of the nineteenth century and were soon using it to measure and assess material facts associated with far older intellectual disciplines like law. They have been able to confirm facts about such issues as the origins and impact of law. These studies rely, however, on a humanist definition of the object of the study. Humanist methods reveal that law is the result of transcendent concepts developed through natural law method. By the early twenty-first …

Foreign Affairs Federalism: The Doctrine Of Foreign Affairs Preemption And State Regulation In Light Of The Paris Agreement, Anagha Sundararajan

University of San Francisco Law Review

No abstract provided.

Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama

University of San Francisco Law Review

No abstract provided.