Transplanting Anti-Suit Injunctions,
Texas A&M University School of Law
Transplanting Anti-Suit Injunctions, Peter K. Yu, Jorge L. Contreras, Yu Yang
Faculty Scholarship
When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts in other jurisdictions have begun to issue anti-anti-suit injunctions, or even anti-anti-anti suit injunctions, to prevent parties from hindering the proceedings in those courts. Most of these activities have been limited to the United States and Europe, but in 2020 China emerged as a powerful new source of ASIs in global SEP litigation. The …
Regulating China's Ecommerce: Harmonizations Of Laws,
Law School, Guangzhou University, China
Regulating China's Ecommerce: Harmonizations Of Laws, Pinghui Xiao
Journal of Food Law & Policy
Internet commercialization began in China in 1995. Since then, China has seen a digitalization movement, which has become a joint undertaking between industry and government in the age of ubiquitous Internet in China. China’s Premier Li Keqiang announced ‘Internet Plus’ as the national strategy in his Government Work Report presented during the Two Sessions of the year of 2015. Following Premier Li’s vision for the ‘Internet Plus’ Strategy, China is now determined “to integrate mobile Internet, cloud computing, big data, and the Internet of Things with modern manufacturing, to encourage the healthy development of e-commerce, industrial networks, and Internet banking, …
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography,
University of Georgia School of Law
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich,
University of North Texas
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
St. Mary's Journal on Legal Malpractice & Ethics
A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …
Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia,
University of Georgia School of Law
Playing By Their Rules: The Death Penalty And Foreigners In Saudi Arabia, Mary Carter Duncan
Georgia Journal of International & Comparative Law
No abstract provided.
Kesadaran Hukum Dan Kepatuhan Hukum,
Faculty of Law, University of Indonesia
Kesadaran Hukum Dan Kepatuhan Hukum, Soerjono Soekanto
Jurnal Hukum & Pembangunan
No abstract provided.
Konsep Bela Negara Dalam Perspektif Ketahanan Nasional,
Faculty of Law President University, Cikarang
Konsep Bela Negara Dalam Perspektif Ketahanan Nasional, Kris Wijoyo Soepandji, Muhammad Farid
Jurnal Hukum & Pembangunan
The 1945 Constitution of the Republic of Indonesia in an explicit manner stipulates that every Indonesian citizen has the obligation to participate in defending the state. This is stated on the article 27 clause 3 of the Constitution, which reads, “Each citizen shall have the right and duty to participate in the effort of defending the state”. In a more specific manner, state defending is also stated on article 9 clause 1 and 2 of the Law number 3 year 2002 on the State Defence. The article mentions that the effort on state defending is elaborated in the performance of …
Tax Incentives For Attracting Foreign Direct Investment In Sub-Saharan Africa: A Comparative Study Of Ghana And Kenya,
Dalhousie University Schulich School of Law
Tax Incentives For Attracting Foreign Direct Investment In Sub-Saharan Africa: A Comparative Study Of Ghana And Kenya, Patrick Ofori
LLM Theses
Developing countries have increasingly resorted to the use of tax incentives to attract FDI, despite existing evidence of the shortcomings of tax incentives. In sub-Saharan Africa, tax incentives are a prominent feature of many investment codes. Sub-Saharan African countries find tax incentives as a means of attracting FDI because there are no viable alternatives per se, and they believe that tax incentives can be structured to ensure that FDI advances socio-economic and technological development. But the reliance on tax incentives at the expense of maximizing domestic tax revenue poses a challenge to sustainable development. This study examines Ghana and Kenya …
Tax Laws And Proportionality: Analyzing Implementation And Advocating For Reform,
University of Michigan Law School
Tax Laws And Proportionality: Analyzing Implementation And Advocating For Reform, Moshe A. Jaffe
SJD Dissertations
The application of judicial review to tax legislation presents unique challenges and inconsistencies. This study contends that the proportionality doctrine, widely used in numerous legal systems, offers the best framework for reviewing the constitutionality of tax laws. By examining the implementation of proportionality in countries such as Germany, Israel, and Canada, this research argues that adopting this doctrine—excluding the Stricto Sensu sub-test—could provide a more consistent and fair method for judicial review of tax legislation. Specifically, this approach avoids the indeterminacy and subjectivity often associated with open-ended balancing, while still ensuring that tax measures serve legitimate aims and employ means …
The Supreme People's Court Annual Report On Intellectual Property Cases (2017) (China),
University of Washington School of Law
The Supreme People's Court Annual Report On Intellectual Property Cases (2017) (China), Ida L. Knox, Ruixiang (Ray) Xu, Weichen Zhu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The Annual Report summarizes intellectual property cases, such as patent, trademark, trade secrets, copyright, and unfair competition cases. This 2017 Annual Report examines 42 cases and includes general guidelines for legal application. This summary reflects the Supreme People’s Court’s thoughts and approaches for ruling on new and complex IP and competition cases.
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