Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom,
2020
Penn State Dickinson Law
Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany,
2020
Penn State Dickinson Law
From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany, Claire Banks
Penn State Journal of Law & International Affairs (2012 - Present)
The “tough on crime” mentality originating in the 1980’s resulted in a crackdown of juvenile offenders for categorically non-dangerous crimes, leaving many to fend for themselves in high security prisons. An even more harrowing reality, tens of thousands of juvenile offenders in those state and federal prisons today are placed in solitary confinement for week or months on end. Extensive research indicates that solitary confinement has devastating effects on human development, mental soundness, and emotional coping – effects that, unsurprisingly, are much more devastating for juveniles than adults – signaling a desperate need for change. Looking to Germany as a …
Is This Belt One Size Fits All? China's Belt And Road Initiative,
2020
Penn State Dickinson Law
Is This Belt One Size Fits All? China's Belt And Road Initiative, John C. Byrnes
Penn State Journal of Law & International Affairs (2012 - Present)
Widely considered one of the largest and most ambitious infrastructure projects in human history, China’s Belt and Road Initiative [BRI] has made major headway since its inception in 2013. Although the BRI is formally adopted under the Chinese Communist Party Constitution as an initiative to secure “shared growth through discussion and collaboration,” the BRI is much more than these words convey. This Comment briefly introduces an overview of the BRI, including its components and early research on its effects on participating countries and regions. The Comment then conducts an in-depth analysis of four countries who have participated in the BRI …
The Role Of International Human Rights Law In The Adjudication Of Economic, Social, And Cultural Rights In Africa,
2020
Penn State Dickinson Law
The Role Of International Human Rights Law In The Adjudication Of Economic, Social, And Cultural Rights In Africa, John Mukum Mbaku
Penn State Journal of Law & International Affairs (2012 - Present)
Since the adoption of the Universal Declaration of Human Rights in 1948, there has been significant progress in the recognition and protection of human rights around the world. The international community has, since 1948, adopted several treaties, which impose obligations on States Parties to make certain that the human and fundamental rights of their citizens are recognized and fully protected. Although human rights are considered the domain of international law, international legal scholars have argued that national governments—that is, the governments of States Parties—must function as the mechanisms for enforcing international human rights law. However, in order for national governments …
Hassle-Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom,
2020
Penn State Dickinson Law
Hassle-Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom, Jane E. Cross
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
A Tale Of Two Cities: Lhasa And Hong Kong In The Shadow Of Mao,
2020
Penn State Dickinson Law
A Tale Of Two Cities: Lhasa And Hong Kong In The Shadow Of Mao, Steven D. Mewha
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Rise Of American Conservatism In Israel,
2020
Penn State Dickinson Law
The Rise Of American Conservatism In Israel, Rafi Reznik
Penn State Journal of Law & International Affairs (2012 - Present)
The American fascination with the link between interpretive methodology and political ideology rarely reaches beyond its borders. This Article offers a comparative case study, which converses with the American example—Israel. A twofold argument is offered to facilitate this conversation. First, the Article identifies a shift in the ideological climate of the Supreme Court of Israel, manifested in the rise of a new interpretive method. For the first time, the interpretive theory prevailing in Israel, Purposive Interpretation, faces a viable competitor. The Article unpacks the challenges posed by the new theory, termed Purposive Originalism, in methodology as well as underlying understanding …
Foreword,
2020
Penn State Dickinson Law
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents,
2020
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Dedication,
2020
Penn State Dickinson Law
Dedication
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Jlia Editorial Board & Staff,
2020
Penn State Dickinson Law
Jlia Editorial Board & Staff
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic,
2020
Florida State University College of Law
Facilitating Access To Cross-Border Supplies Of Patented Pharmaceuticals: The Case Of The Covid-19 Pandemic, Frederick M. Abbott
Scholarly Publications
The COVID-19 pandemic has brought into stark relief the gaps in global preparedness to address widespread outbreaks of deadly viral infections. This article proposes legal mechanisms for addressing critical issues facing the international community in terms of providing equitable access to vaccines, treatments, diagnostics, and medical equipment. On the supply side, the authors propose the establishment of mandatory patent pools ('Licensing Facilities') on a global or regional, or even national basis, depending upon the degree of cooperation that maybe achieved. The authors also discuss the importance of creating shared production facilities. On the demand side, the authors propose the establishment …
Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?,
2020
Texas A&M University School of Law
Overlapping Copyright And Trademark Protection In The United States: More Protection And More Fair Use?, Jane Ginsburg, Irene Calboli
Faculty Scholarship
This chapter addresses the phenomenon of overlapping rights under US law and complements Chapter 25 authored by Professors Derclay and Ng-Loy on the overlap of trademark, copyright, and design protection under several other Common Law and Civil Law jurisdictions. Because the United States does not provide sui generis protection for industrial design, but instead protects design through trademark law (notably by protecting trade dress) and design patents, this chapter focuses on the overlap between trademark and copyright protection. The Lalique bottles created for Nina Ricci perfumes, for example, may enjoy both trademark and copyright protection in the United States. Similarly, …
The Preemptive Effect Of The Cisg On Tort Claims Under Us Law,
2020
Maurer School of Law - Indiana University
The Preemptive Effect Of The Cisg On Tort Claims Under Us Law, Phutchaya Numngern
Maurer Theses and Dissertations
This thesis emphasizes a core concept of the preemptive effect that uniform law may have on other domestic norms. It exemplifies the situation in which the laws and principles of contracts, particularly the uniform laws and principles formulated for transnational sales, can exclude or limit tort liability. This study does not object to the recognition of concurrency of claims under contract and tort law. On the contrary, it accepts that the contracting party’s right to both contract and tort actions is commonly recognized in many legal systems, especially the common law system. Tort liability could be actionable insofar as the …
Selective Reshaping: China's Paradigm Shift In International Economic Governance,
2020
Singapore Management University
Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang
Research Collection Yong Pung How School Of Law
In contrast with the selective adaptation approach toward external norms seen in its accession to the World Trade Organization, China increasingly plays a proactive role on the international stage, with the Belt and Road Initiative at the center of these activities. How can we understand this new approach by China toward international economic governance? What is responsible for China's shifting approach, and what are the implications of this shift? The paper presents selective reshaping as a new theoretical framework, and argues that China is shifting toward the selective reshaping of institutions and rules within the global economic order. Within this …
A New Chinese Economic Law Order?,
2020
University of California, Irvine
A New Chinese Economic Law Order?, Greg Shaffer, Henry S. Gao
Research Collection Yong Pung How School Of Law
China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understanding, contracts, and trade and investment treaties, supported by an indigenous innovation policy that is transnational in its reach. In this way, China could create a vast, Sino-centric, legal order in which the Chinese state plays the nodal role. It is a hub and spokes model, with China at the hub. In this article, we first examine China’s export of an infrastructure-based development model, implemented through Chinese state-owned and private enterprise investments and commercial contracts (Part B), …
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy,
2020
Singapore Management University
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article re-examines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political …
An Empirical Assessment Of Trade Engagement : Linking China, Africa And The Belt And Road Initiative,
2020
World Maritime University
An Empirical Assessment Of Trade Engagement : Linking China, Africa And The Belt And Road Initiative, Stersha Alleyne
World Maritime University Dissertations
No abstract provided.
Preliminary Study On Cloud Bill Of Lading Issue,
2020
World Maritime University
Preliminary Study On Cloud Bill Of Lading Issue, Yanchi Chen
World Maritime University Dissertations
No abstract provided.
