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Carrie Menkel-Meadow: Leading Us toward Justice and Peace
Get PDFThis Essay explores how Carrie Menkel-Meadow\u27s life and work have both highlighted the path of And -showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, I can\u27t negotiate with this person or group ? When should we talk and listen, and when are we realistically beyond that possibility? These questions do not have simple answers, but Carrie\u27s life and work offer important insights
Unjustly Vilified TRIPS-Plus?: Intellectual Property Law in Free Trade Agreements
Get PDFIntellectual property (IP) law provisions of free trade agreements (FTAs) have attracted much criticism. Critics have argued that FTA negotiators, succumbing to the lobbying of various stakeholders, have eliminated or significantly limited many of the flexibilities that multilateral treaties had created, forced stronger IP protection onto developing countries, and fragmented international IP law. While agreeing with a great deal of the criticism expressed by others, this Article departs from the typical vilification of FTAs by identifying and analyzing the positive features of FTA IP provisions that are worth replicating and expanding in future FTAs. These positive features include provisions concerning the transparency of IP systems, cooperation among national IP offices, and clarifications of multilateral IP treaties. The processes of FTA negotiations, adoption, and implementation may produce positives as well; FTAs provide opportunities for experimentation at the bilateral and regional level, whose results may usefully inform future multilateral negotiations. Cross-border IP issues, which can benefit from international coordination, can also be a focus area in future FTA negotiations
Shea v. State of Nevada, 138 Nev. Adv. Op. 36 (May 26, 2022)
Get PDFThe Nevada Supreme Court affirmed the First Judicial District Court of Carson City’s dismissal of the appellant’s claim as non-justiciable. The Court held that claims related to the inadequacy of the State’s public education present a non-justiciable political question and that the education clauses of the State Constitution are ‘aspirational’ in nature and do not represent a guarantee of a specific outcome
Nomos and Nation: On Nation in an Age of Populism
Get PDFRobert Cover\u27s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals\u27 ability to participate in the development of an idea of nation, is necessary to avoid a total crushing of the jurisgenerative character of nomoi by the state, or by ascendent national groups. This need is underscored by the rise of populist nationalist movements that seek to capture the state to impose on their fellow citizens a particular vision of the nation. Such groups, like the segregationist Bob Jones University that Nomos and Narrative addressed, pose a problem for rights regimes by underscoring the limits of a state neutrality in the face of illiberal visions of the nation. This second dimension of rights builds on and ultimately revives the revolutionary elements of Cover\u27s seminal article - a fitting tribute to his brilliance
Sweet v. Hisgen, 138 Nev. Adv. Op. 68 (Oct. 20, 2022)
Get PDFWhen determining the proper identity of an “authorized person,” the Court must look at the laws of the foreign state where the will was executed. So, if a notary is an “authorized person” in the country the will was executed, Nevada must accept the will as valid when signed by a notary. Further, NRS 133A.050(2) and NRS 133.080(1) allow a will that fails to comply with the UIWA, to be probated if it complies with NRS 133. Also, courts must construe wills to avoid intestacy and the term “universal heir” implies that the person is the heir to the entire estate. Therefore, when referring to someone as the “universal heir,” it is interpreted that the entire estate goes to them. Lastly, to be entitled to a will contest, one must comply with NRS 137.010(1)
What Did Those Sixteen Justices Say?
Get PDFEveryone is finally noticing that the current Supreme Court is changing its jurisprudence on religious freedom. The commentators are finally paying more attention to the fact that seven of the Court\u27s current Justices were raised Catholic. What role have Catholics played in the Supreme Court\u27s history? This article traces their contributions on religious freedom and civil rights, starting with Chief Justice Taney and ending with Justice Barrett
