Print Archive
How should patent legislative power be allocated between central and local governments in order to construct a patent system conducive to promoting innovation? A comparative analysis of the models of the U.S. and China sheds light on this question. Compared to the current centralized patent legislation model in the U.S., China’s semi-decentralized patent legislation model has the advantage of making statutory law more adaptable to local specificities.
Private technology companies are increasingly providing their digital goods and services to clients living and working in situations of armed conflict. This paper’s premise is that as tech companies increase their involvement in armed conflict, the legal implications they face under international humanitarian law—a body of law that regulates who and what is protected from the hostilities of armed conflict—also rise.
Parties involved in transnational business naturally expose themselves to peculiar international risks, including the possibility of having a foreign court resolve their future disputes. To reduce uncertainty, transnational contracts often contain a so-called “choice of court” (or “choice of forum”) clause to dictate where future disputes should be resolved. This Article analyzes recent judicial decisions involving their enforceability.
Britain’s retreat from the E.U. has demonstrated the deep connection between its domestic law and E.U. law. With the Revocation and Reform Act’s recent passage, the resulting loss of E.U. law from British domestic law may create legal holes that leave women in the workforce unprotected. This Comment serves as a cautionary tale for other European countries, and provides a path forward for British activists looking to protect the rights of women.
Law enforcement efforts to respond to cybercrime through cyber sting operations call into question the degree to which individuals are protected by the entrapment defense. This Comment proposes that the international community modify the Budapest Convention to establish a “minimum floor” of entrapment rights. This approach would require countries, at a minimum, to consider entrapment as grounds for mitigation at sentencing or discretionary exclusion of evidence.
Sand sustains the foundations of modern economies, but almost nothing exists in the way of global sand regulation and governance. This Comment argues that possible governance solutions will need to come from what we currently have in the legal toolbox.
This Essay unpacks the scope of ICCPR Article 20(1)’s prohibition on war propaganda, providing an overview of existing interpretations and then proposing a way to reconcile the ICCPR’s ban on propaganda for war with the treaty’s otherwise broad protections for freedom of expression.
This Essay uses the still-unfolding Iranian Women-Life-Freedom Movement to examine the consequences of internet deprivation.
This Essay is a critical reflection on the impact of the digital revolution and the internet on three topics that shape the contemporary world: democracy, social media, and freedom of expression.
The overwhelming majority of digital and physical attacks on journalists are done with impunity. The international human rights law concept of transitional justice could bolster collective will and inform legal mechanisms to combat such impunity.
Relying on a comparison between the cases of Brazil and the U.S. (both facing recent democratic erosion), this Essay shows how Brazilian courts responded to challenges to democracy and how, in the U.S., content moderation generally depends on private actors.
The EU’s latest regulation of social media platforms—the Digital Services Act (DSA)—will create tension and conflict with the U.S. speech regime applicable to social media platforms. The DSA, like prior EU regulations of social media platforms, will further instantiate the Brussels Effect, whereby EU regulators wield powerful influence on how social media platforms moderate content on the global scale.