By: Julian M. Beach
The Microsoft v. Motorola cases in U.S. federal court and transformative developments in enforcement activity by the European Commission antitrust authorities have created a new dynamic intersection between competition and intellectual property law. This legal juncture focuses on a patent holder’s “reasonable and non-discriminatory,” or RAND, commitments to standard setting organizations.
By: Anton Chaevitch
This Note examines the history of the cy pres doctrine in U.S. and English law of charitable trusts. This doctrine is the main means by which a charitable trust can be altered if it has become illegal, impracticable, or impossible to maintain it in its original form. This Note finds that, while the doctrine was essentially identical in the United States and in England until well into the twentieth century, U.S. courts are now far more willing to alter charitable trusts than they were originally, while the approach of English courts has hardly changed.
By: Marco Y. Wong
This Note considers whether the U.S. Supreme Court’s current standard for regulating eyewitness identification evidence is satisfactory. Many years of research have shown that this type of evidence can be dangerous to our criminal justice system by contributing to mistaken convictions. Yet, because eyewitness evidence can be probative and is readily available, we tolerate its continued use so long as safeguards are in place to minimize risk of error.
By: Steven M. LoCascio
The Court of Justice of the European Union’s ruling in the 2014 Google Spain case has strengthened the “Right to Be Forgotten” considerably, as European citizens can now demand that search engines delete links to embarrassing information about them. This Note compares this process to the procedural safeguards found in defamation and privacy law in Western democracies, and argues that these safeguards are largely absent from the Google Spain review process.
By: Douglas Cantwell
The European Court of Justice’s final decision in Kadi II—Yassin Abdullah Kadi’s challenge in Europe to his designation as an international terrorist financier—has stimulated significant discussion on the relationship between European and international law. Less attention has been paid to the Kadi II’s correlate in U.S. courts, Kadi v. Geithner, decided in the D.C. Circuit. This Note considers the impact of Kadi’s legal challenges in the United States and Europe from the perspective of U.S. counterterrorism policy.
By: Samuel Shepson
A norm prohibiting the complicity of one state in the internationally wrongful conduct of another state is a recognized part of customary international law, and the norm is also contained in many international treaties. This Note will explore the circumstances in which courts have upheld or declined jurisdiction over complicity claims, relying on recent international and domestic cases that arose in the context of the U.S. extraordinary rendition program.
By: Carolyn Forstein
The doctrine of specialty, a fundamental feature of extradition law, provides that a state may only prosecute an extradited individual for the offenses agreed to by the sending state. This Note examines jurisprudence in the United States, foreign courts, and international tribunals, and demonstrates that specialty is not applied consistently as a norm of customary international law.
By: Natalie Wong
The recent defaults or threatened defaults of numerous sovereign states such as the Hellenic Republic, Belize, and Cyprus have made sovereign debt restructuring, once again, an important issue for international financial markets. This Note provides a summary of the development of the pari passu clause from its beginnings as a form of legal subordination to more senior obligations to the “ratable payment” interpretation.