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The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego 2015 Brooklyn Law School

The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego

Brooklyn Journal of International Law

Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …


Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter 2015 Brooklyn Law School

Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter

Brooklyn Journal of International Law

No abstract provided.


The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites 2015 Brooklyn Law School

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …


Who Speaks For The Fish? The Tragedy Of Europe's Common Fisheries Policy, Emily Self 2015 Vanderbilt University Law School

Who Speaks For The Fish? The Tragedy Of Europe's Common Fisheries Policy, Emily Self

Vanderbilt Journal of Transnational Law

The Common Fisheries Policy, enacted in 1983 as the European Union's primary overfishing regulation scheme, is widely regarded as a failure. Vast over exploitation in Europe's fisheries persists thirty years later, posing grave ecological consequences as well as economic devastation to Europe's fishing industry. In 2013, the EU overhauled the Common Fisheries Policy and enacted measures that oblige the EU and member states to support ecologically sustainable fishing practices, ban the harmful practice of discarding fish at sea, and give the member states more flexibility to tailor implementation to suit local conditions. While the 2013 reforms were momentous, those changes …


Alternative Investment Markets Under Criticism: Reasons To Be Worried? Lessons From Gowex, Aurelio GURREA-MARTINEZ 2015 Singapore Management University

Alternative Investment Markets Under Criticism: Reasons To Be Worried? Lessons From Gowex, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

The recent financial scandal of Gowex in the Spanish Alternative Investment Market (MAB) has reopened the debate about the dangers of lightly regulated markets and their optimal level of regulation. This article argues that Gowex’s collapse was not a failure of these markets but a failure of the gatekeepers in charge of overseeing Gowex’s activities. Therefore, we propose that regulators should focus on providing mechanisms to encourage gatekeepers to do their work in an effective and credible way. Namely, we propose that regulators should enhance the role and effectiveness of Nominated Advisers, since these players have been created precisely for …


Less Is More In International Private Law, Susan Block-Lieb, Terence C. Halliday 2015 Fordham University School of Law

Less Is More In International Private Law, Susan Block-Lieb, Terence C. Halliday

Faculty Scholarship

No abstract provided.


Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger 2015 Saint Louis University School of Law

Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger

All Faculty Scholarship

Widening wealth gaps in Western democracies have brought new scrutiny to relationships between property and political community. For the prior quarter century, Western legal scholars have urged privatization around the globe as the key to a virtuous circle of "market democracy." This Article traces origins of the market democracy consensus to ideas that identify positive features of political community -- liberty, wealth, or democracy -- with private property ownership. Fieldwork in Ukraine, where Western privatization advice was followed at a time of founding a new polity, provides data to compare predictions with outcomes. Two unexpected figures -- the Oligarch and …


Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser 2014 Cole, Corette & Abrutyn

Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser

Georgia Journal of International & Comparative Law

No abstract provided.


The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues 2014 Wayne State University Law School

The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues

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 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.


European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986)., Scott N. Carlson 2014 University of Georgia School of Law

European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986)., Scott N. Carlson

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Completing The Internal Market Of The European Community: 1992 Handbook. Mark Brealey And Conor Quigley. London, England: Graham & Trotman, Ltd., 1993., Jean-Marie R.A. Henckaerts 2014 Troutman, Sanders, Lockerman & Ashmore

Book Review: Completing The Internal Market Of The European Community: 1992 Handbook. Mark Brealey And Conor Quigley. London, England: Graham & Trotman, Ltd., 1993., Jean-Marie R.A. Henckaerts

Georgia Journal of International & Comparative Law

No abstract provided.


British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste 2014 University of Georgia School of Law

British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste

Georgia Journal of International & Comparative Law

No abstract provided.


Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson 2014 University of Georgia School of Law

Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson

Georgia Journal of International & Comparative Law

No abstract provided.


Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon 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, James M. Wilson III 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.


Appendix A - Selected Directives Of The Council Of The European Communities, Third Comparative Labor Law Roundtable 2014 University of Georgia School of Law

Appendix A - Selected Directives Of The Council Of The European Communities, Third Comparative Labor Law Roundtable

Georgia Journal of International & Comparative Law

No abstract provided.


General Discussion, Third Comparative Labor Law Roundtable 2014 University of Georgia School of Law

General Discussion, Third Comparative Labor Law Roundtable

Georgia Journal of International & Comparative Law

No abstract provided.


Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson 2014 European University Institute

Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson

Georgia Journal of International & Comparative Law

No abstract provided.


Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain 2014 Institute for Labor Relations, Katholieke Universiteit

Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain

Georgia Journal of International & Comparative Law

No abstract provided.


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