Stanford Law Review

Stanford Law Review

Author: Stanford Law Review

Publisher: Quid Pro Books

Published: 2011-07-11

Total Pages: 313

ISBN-13: 161027976X

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The Stanford Law Review is published six times a year by students of the Stanford Law School. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. The current volume is 63, for the academic year 2010-2011, and the present compilation, in ebook form, represents Issue 6, June 2011. The present issue is a special Symposium, featuring cutting-edge articles on patent law and the IP issues related to genetic and biotech innovation and business methods after the landmark U.S. Supreme Court decision in Bilski.


Managed Speech

Managed Speech

Author: Gregory P. Magarian

Publisher: Oxford University Press

Published: 2017-03-07

Total Pages: 297

ISBN-13: 0190466812

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Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.


Human Rights Obligations of Business

Human Rights Obligations of Business

Author: Surya Deva

Publisher: Cambridge University Press

Published: 2013-11-21

Total Pages: 451

ISBN-13: 1107036879

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This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.


European Competition Law Annual 2013

European Competition Law Annual 2013

Author: Philip Lowe

Publisher: Bloomsbury Publishing

Published: 2016-04-21

Total Pages: 641

ISBN-13: 1509900489

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This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.


The Final Arbiter

The Final Arbiter

Author: Christopher P. Banks

Publisher: State University of New York Press

Published: 2012-02-01

Total Pages: 298

ISBN-13: 0791482847

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The resolution of the 2000 presidential election by the U.S. Supreme Court's Bush v. Gore decision generated an extraordinary outpouring of literature in a very short period of time. Now that the initial furor over the decision has subsided, The Final Arbiter presents a sober consideration of the consequences of the decision for the law, the presidency, and the legitimacy of the American political system. The contributors include well-established names in law and political science, as well as up-and-coming scholars, offering a broad understanding of Bush v. Gore's long-term impact. This book will be useful as a classroom text in both survey courses on elections and the courts and for advanced courses that consider the impact of judicial rulings on the government and political process.


Yearbook on International Investment Law & Policy 2012-2013

Yearbook on International Investment Law & Policy 2012-2013

Author: Andrea Bjorklund

Publisher: Oxford University Press

Published: 2014-07-07

Total Pages: 738

ISBN-13: 0199386331

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Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.


Yearbook on International Investment Law and Policy 2012-2013

Yearbook on International Investment Law and Policy 2012-2013

Author: Andrea K. Bjorklund

Publisher: Yearbook on International Inve

Published: 2014

Total Pages: 738

ISBN-13: 0199386323

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Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.