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The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...
Persistent link: https://www.econbiz.de/10014081394
The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign insolvency law. There is no convincing common-law objection to the application of foreign law.The ability to apply foreign law pursuant to the CBIR is consistent with Chapter 15 of...
Persistent link: https://www.econbiz.de/10013149492
This Essay contributed to a symposium hosted by the Texas A&M School of Law’s Journal of Property Law in fall 2020, on Kenneth Stahl’s new book Local Citizenship in a Global Age. Local Citizenship in a Global Age reports thoroughly and insightfully on some developments that have been...
Persistent link: https://www.econbiz.de/10013293950
This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...
Persistent link: https://www.econbiz.de/10014129243
The Kuwait Nationality Law 1959 denies women the same rights as men to pass on their Kuwaiti citizenship to their children. Male Kuwaitis will automatically pass on their nationality to their children regardless of their choice of spouse, but the same is not true for Kuwaiti women. If a Kuwaiti...
Persistent link: https://www.econbiz.de/10014096163
This article seeks to show that the English Court of Appeal’s refusal to recognize the US receivership in Re Stanford International Bank is not faithful to the Cross-Border Insolvency Regulations 2006 and the decision’s precedential value is seriously questionable. The Court of Appeal’s...
Persistent link: https://www.econbiz.de/10014179790
The purpose of this paper is to outline the circumstances in which telecommunications data can be lawfully accessed for national security and law enforcement purposes, and to consider whether this access regime sacrifices individual privacy to an unacceptable extent. Since privacy is the primary...
Persistent link: https://www.econbiz.de/10014183726
This article examines a worldwide shift in laws, policies, and practices pertaining to intermediaries’ role in online copyright enforcement. We use a comparative methodology to expose an emerging trend in jurisdictions, including Australia, Belgium, Canada, China, the European Union, France,...
Persistent link: https://www.econbiz.de/10014199515
Scholars have examined the National Collegiate Athletic Association’s (NCAA) definition, development, and application of amateurism (Allison, 2001; Byers, 1995; Crowley, 2006; Falla, 1981; Glader, 1978; Sack & Staurowsky, 1998; Smith, 1993; Thelin, 1996; Watterson, 2000; Wheeler, 2004), but the matter of amateurism as it...
Persistent link: https://www.econbiz.de/10014201968
The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...
Persistent link: https://www.econbiz.de/10014216751