The Un-Territoriality Of Data,
2015
American University Washington College of Law
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 …
Advancing National Intellectual Property Policies In A Transnational Context,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
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,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
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,
2015
Cornell Law School
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. …
First Amendment Decisions - 2002 Term,
2014
Touro University Jacob D. Fuchsberg Law Center
First Amendment Decisions - 2002 Term, Joel Gora
Touro Law Review
No abstract provided.
Lawrence V. Texas: The Decision And Its Implications For The Future,
2014
Touro Law Center
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,
2014
University of Georgia School of Law
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,
2014
University of Georgia School of Law
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,
2014
Supreme Court of the Australian Capital Territory
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,
2014
University of Georgia School of Law
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,
2014
University of Georgia School of Law
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,
2014
University of Georgia School of Law
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?,
2014
University of Georgia School of Law
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,
2014
University of Georgia School of Law
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,
2014
Liberty University
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,
2014
Touro University Jacob D. Fuchsberg Law Center
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,
2014
Touro University Jacob D. Fuchsberg Law Center
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,
2014
Katholieke Universiteit Brabant at Tilburg
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,
2014
University of Georgia School of Law
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.
