Emory International Law Review

Volume 26Issue 2

From Big Love to the Big House: Justifying Anti-Polygamy Laws in an Age of Expanding Rights

Thomas Buck, Jr. | 26 Emory Int'l L. Rev. 939 (2012)

In January 2009, Canadian authorities in Bountiful, British Columbia, arrested two leaders of separate sects of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (“FLDS”) on charges of polygamy. Section 293 of Canada’s Criminal Code makes polygamy a crime. The individual charges against the men were thrown out on technical grounds, but the litigation evolved into a constitutional question as to whether Canada’s criminal prohibition on polygamy was consistent with the guarantees of religious freedom, freedom of expression, freedom of association, liberty and security of person, and equality in the Canadian Charter of Rights and Freedoms (the “Charter”).

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Absolute, Restrictive, or Something More: Did Beijing Choose the Right Type of Sovereign Immunity for Hong Kong?

Yilin Ding | 26 Emory Int'l L. Rev. 997 (2012)

Hong Kong was a British colony until 1997 when it was returned to China. Today, Hong Kong remains a common law jurisdiction, distinct from Mainland China, and enjoys a high degree of autonomy. Before 1997, Hong Kong followed the British doctrine of restrictive sovereign immunity, under which a foreign sovereign is not immune from claims arising out of commercial activities. China, however, has espoused the more traditional doctrine of absolute sovereign immunity, under which a foreign sovereign is always immune from suit, whether or not the claim arose from commercial activities.

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Why China’s 2010 Medical Malpractice Reform Fails to Reform Medical Malpractice

Jordan Kearney | 26 Emory Int'l L. Rev. 1039 (2012)

Violence against doctors and healthcare staff in the People’s Republic of China has turned doctors and nurses into masters of self-defense. Healthcare facilities in China have become “battlegrounds of discontent.” Scenes coming out of hospitals in the People’s Republic of China look more like warzones than healthcare institutions.

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Giving Teeth to European Patent Reform: Overcoming Recent Legal Challenges

Matthew Parker | 26 Emory Int'l L. Rev. 1079 (2012)

Europe must transition from a national, splintered patent enforcement regime to a transnational, uniform patent enforcement regime to protect the value of European patents in the global economy. Patent reform in Europe is ongoing and supported by most member states of the European Union (“EU”), but objections by the European Court of Justice (“ECJ[closesmardoublequote]), the European Parliament, Spain, and Italy have stymied progress. This Comment proposes modifications to patent reform in an effort to overcome these myriad objections and to enable the realization of meaningful European patent reform.

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Gold Medalist to Cheater?: Improving the World’s Fight Against Doping in the Wake of Fina v. Cielo

Geoffrey Rathgeber | 26 Emory Int'l L. Rev. 1111 (2012)

At the 2008 Olympic Games in Beijing, China, Brazilian swimmer César Cielo Filho (“Cielo”) lunged into the wall first in fifty-meter freestyle, finishing in 21.30 seconds, an Olympic-record time. Three years later, while competing in Brazil two months before the 2011 Fédération Internationale de Natation (“ FINA” ) World Championships, Cielo found both his reputation and swimming future in jeopardy. Under the World Anti-Doping Code (“ WADC” ), to which all swimmers who compete at the international level must adhere, Cielo faced up to a two-year period of ineligibility from the sport. Such a sanction would have prohibited him from competing in the 2012 Summer Olympic Games in London and potentially cost him millions of dollars in endorsement deals.

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Aggravated with Aggregators: Can International Copyright Law Help Save the News Room?

Alexander Weaver | 26 Emory Int'l L. Rev. 1161 (2012)

The creation of the World Wide Web was based on a concept of universality that would allow a link to connect to anywhere on the Internet. Although the Internet has transformed from a technical luxury into an indispensable tool in today’s society, this concept of universality remains.

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