International Law Commons^™

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.

The Social Science Approach To International Law, Daniel Abebe, Adam S. Chilton, Tom Ginsburg

Faculty Scholarship

For over a hundred years, scholars have argued that international law should be studied using a “scientific” approach. Throughout the twentieth century, however, the most prominent methods used to study international law primarily consisted of different theoretical and analytical claims about how international law should be developed, interpreted, and critiqued. It is only in the first two decades of the twenty-first century that the conventional social science approach to research — identifying a specific question, developing hypotheses, using a research design to test those hypotheses based on some form of qualitative or quantitative data, and presenting conclusions, all while acknowledging …

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.

Cyber Due Diligence, Eric Talbot Jensen, Sean Watts

Oklahoma Law Review

No abstract provided.

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 …

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

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 …

The Legal Legacy Of The Special Court For Sierra Leone: The Relationship Between The Court And The Sierra Leone Truth And Reconciliation Commission, Joseph Rikhof

FIU Law Review

No abstract provided.

Of Amnesty, Pendulums, And Peremptory Norms, William Schabas

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.

Contract Law In The Agri-Food Supply Chain, Bianca Gardella Tedeschi

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.

Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu

FIU Law Review

No abstract provided.

The Making Of An Iconic Cheese: Mozzarella Di Bufala Campana D.O.P., Michele Graziadei

FIU Law Review

No abstract provided.