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1 Apr 2017, 11:52 am
It is grounded in a set of basic premises: that law embedded within the domestic legal orders of states with legitimately established governments is the most authoritative form of regulation,[16] that authentic remedies must be embedded within domestic legal orders of legitimately constituted states,[17]and that law across jurisdictions can be harmonized in part because it reflects universal values, or can be made to be coherent, at least at some reasonable level of generality.[18]But these… [read post]
9 Jan 2017, 1:06 am
Practical issues for banks operating in the Member States – The presentation by Sarah Garvey and Joseph Delhaye identified four major operational issues for the bank required to implement the order. [read post]
9 Nov 2016, 9:01 am
Special thanks to my research assistant Angelo Mancini (Penn State Law expected 2017) for his usual excellent work. [2] Joseph Stiglitz, Globalization and Its Discontents (Penguin Books 2002); Thomas L. [read post]
12 Sep 2016, 6:01 am
This post examines a recentopinion from the Court of Appeals of Texas – Houston: Bryant v. [read post]
8 Feb 2016, 9:59 pm
Avid asserted two patents against Harmonic, U.S. [read post]
20 Oct 2015, 5:30 am
Legal scholars have argued that the deterrent effect of Section 1983 litigation is hampered by police collective bargaining agreements, police officer bills of rights, and other protections, yet, as law professor Rachel Harmon has argued, these issues are rarely discussed in legal scholarship. [read post]
24 Jun 2015, 6:01 am
Francis, 2004-Ohio-6894 (A trial court accepting a guilty or no-contest plea from a defendant who is not a citizen of the United States must first inform the defendant that a conviction may have adverse immigration consequences. ) Useful Background Information on Immigration Read this Guest In Sharper Focus Post At Oral Argument Arguing Counsel Joseph T. [read post]
16 Jun 2015, 12:42 pm
Jay Kesan: harmonization and cross-country comparisons of patent examination. [read post]
25 Feb 2015, 9:34 am
Simeon, Human Trafficking: Mapping the Legal Boundaries of International Refugee Law and Criminal Justice Symposium: Exclusion and Post-Exclusion from Refugee StatusMathias Holvoet, Harmonizing Exclusion under the Refugee Convention by Reference to the Evidentiary Standards of International Criminal Law Ned Djordjevic, Exclusion under Article 1F(b) of the Refugee Convention: The Uncertain Concept of Internationally Serious Common Crimes Sarah Singer, Terrorism and Article 1F(c) of the… [read post]
9 Sep 2014, 6:20 pm
It is important to understand how they are harmonized to at least made coherent. [read post]
3 Sep 2014, 10:43 pm
I had the pleasure of attending the 2014 IHL Dialogs last week in lovely Chautauqua, NY. [read post]
10 Jun 2014, 10:26 am
(Pix (c) Larry Catá Backer 2014)) Corporate social responsibility, both in its traditional forms and in its current international form as as species of human rights, has become an important issue of corporate governance both in the national and international spheres.But the discourse, and the premises underlying it, are usually based on Western models of corporate governance and the structuring of political states and public order. [read post]
21 Jan 2014, 9:01 pm
With gathering regularity, we are presented with evidence suggesting that the United States has finally slaked a thirst for punishment that once seemed unquenchable. [read post]
25 Dec 2013, 3:17 pm
It appears that TAFTA would require the United States, not just federal but also state and local laws to do something very like the E.U. harmonization principle, where the member states must bring their local laws into agreement with the European Union agreed law. [read post]
17 Dec 2013, 2:35 pm
., chaired by Professor Joseph Straus, chair of ALLEA Permanent Working Group on Intellectual Property Rights, representatives of ALLEA for the first time met with representatives of the European Patent Office (EPO), the Japanese Patent Office (JPO), the State Intellectual Property Office of the PR China (SIPO), and the State Intellectual Property Service of Ukraine, to discuss the instrument of grace period in patent law which immunises inventors against their own disclosures preceding the… [read post]
4 Dec 2013, 11:40 pm
As a result of the Second Circuit’s ruling vacating the class certification, from a res judicata point of view the SDNY’s decision may be deemed as binding only upon Authors Guild and the named plaintiffs (affecting only the books whose copyrights are owned by Authors Guild, in addition to those of the three named plaintiffs: Betty Miles, Joseph Goulden, and Jim Bouton), thus greatly narrow [read post]
20 Nov 2013, 7:41 pm
My article, "Transnational Corporations' Outward Expression of Inward Self-Constitution: The Enforcement of Human Rights by Apple, Inc." has just been published and will appear in the Indiana Journal of Global Legal Studies 20(2):805-879 (2013). [read post]
7 Oct 2013, 12:30 am
Joseph II was depressed, dying, and so beset on all sides that he couldn't even present a credible threat to the Belgians. [read post]
18 Sep 2013, 5:22 am
This post was contributed by Joseph S. [read post]
20 Jul 2013, 10:39 am
(Pix (c) Larry Catá Backer 2013) In his 2004 Storrs Lecture, Gunther Teubner asked:how is constitutional theory to respond to the challenge arising form three current major trends—digitization, privatization and globalization—for the inclusion/exclusion problem? [read post]
