Emory International Law Review

Volume 26Issue 1

Corporate Liability under the Alien Tort Statute: The Second Circuit’s Misstep around General Principles of Law in Kiobel v. Royal Dutch Petroleum Co.

Tyler G. Banks | 26 Emory Int'l L. Rev. 227 (2012)

In Richard Wagner’s opera Lohengrin, a knight appears at the prayers of a maiden to defend her against accusations of murder. The knight agrees to wed her on the condition that she never ask his name or from whence he came. As such, when Judge Friendly called the Alien Tort Statute (ATS) a “legal Lohengrin,” he was referencing the peculiar origin and nature of this aged statute. Although we are well aware of the origins of the ATS, its inactivity for almost 200 years clouded it in an aura of mystery. Now, almost thirty years after its revival by the Second Circuit, that same court may have stripped the ATS of its ability to defend its maiden, the victims of tortious actions attributable to corporate entities.

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Supplemental Jurisdiction over Foreign Patents: Permissible, So Long As Limitations Apply

Yahn-Lin (Franklin) Chu | 26 Emory Int'l L. Rev. 283 (2012)

The growing internationalization of patent activity is promoting innovation and facilitating technology transfers on an increasingly globalized level. The World Intellectual Property Organization (“WIPO”) has reported an increase in the number of patents filed and issued worldwide and a growing trend of applicants filing their applications in multiple nations. The internationalization of patent activity can also be seen in the Patent Cooperation Treaty (“PCT”), the Patent Law Treaty, and the numerous calls for the streamlining and harmonization of patent law among different jurisdictions. The process of seeking patent protection and enforcing patent rights is one filled with international considerations.

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Toxic Toys and Dangerous Drywall: Holding Foreign Manufacturers Liable for Defective Products—The Fund Concept

Stephanie Glynn | 26 Emory Int'l L. Rev. 317 (2012)

The mid-decade building boom coupled with post-Hurricane Katrina reconstruction led to a nationwide drywall shortage in the United States in 2005 and 2006, forcing builders to turn to imports. Prior to 2005, drywall imports from China were negligible; however, since 2006, the United States has imported more than 550 million pounds of drywall from China because it is “abundant and cheap.”

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Saving Cricket: A Proposal for the Legalization of Gambling in India to Regulate Corrupt Betting Practices in Cricket

Rohani Mahyera | 26 Emory Int'l L. Rev. 365 (2012)

In 2010, the International Cricket Council (“ICC”), cricket’s world-governing body, prosecuted three Pakistani players for spot-fixing under its anti-corruption code over a betting scandal that occurred during a cricket match.

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A New Global Legal Order, with or without America: the Case for Accrediting Foreign Law Schools

Sabina Schiller | 26 Emory Int'l L. Rev. 411 (2012)

What David Wilkins has to say might scare the bejesus out of you. In a speech to the American Bar Association's (“ABA”) House of Delegates at the 2010 Annual Meeting, the Harvard law professor, speaking animatedly in an appropriately enthusiastic suit, admits precisely as much immediately before divulging to the crowded room that the American legal profession is currently undergoing substantial upheaval.

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Is Bollywood Unlawfully Copying Hollywood? Why? What has Been Done About It? And How Can It Be Stopped?

Arjun Shah | 26 Emory Int'l L. Rev. 449 (2012)

A popular film favorite among lawyers and law students is the 1992 Oscar-winning comedy, My Cousin Vinny. The film features Joe Pesci as a quick-witted but hapless attorney defending two innocent New York teens from a capital murder charge in the Deep South. It was fitting, then, that a film about law and justice would be used as a guinea pig in Hollywood's most aggressive attempt to enforce its copyrights against unauthorized Bollywood remakes of Hollywood movies.

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