scholarly journals Status quo and Legal Issues of the Patent Litigation Cases of Apple v. Samsung: - Focusing on the comparison of the protections in Korea and the U.S. -

2012 ◽  
Vol 18 (3) ◽  
pp. 107-141
Author(s):  
Kwanshik Kim
2019 ◽  
Vol 05 (03) ◽  
pp. 317-341
Author(s):  
Serafettin Yilmaz ◽  
Wang Xiangyu

Dissatisfaction is a major concept in power transition theory, which postulates that a rapidly rising power tends to be dissatisfied with the international system and would thus attempt to reform or replace it, whereas the hegemonic power would, by default, be satisfied with and work to maintain the status quo. This paper, however, offers an alternative outlook on the reigning-rising power dynamics by examining the conditions for and implications of hegemonic dissatisfaction and rising power satisfaction. It argues that although China, as a potential systemic challenger harboring grievances against the existing global regimes, has been a recurrent subject for studies, it is the United States, the established hegemon, that appears increasingly dissatisfied with the status quo. The U.S. dissatisfaction is informed by a set of internal and external factors often justified with a reference to China as a challenger, and is manifested in a number of anti-system strategies, including unconventional diplomatic rhetoric, as well as withdrawal from various international institutions or attempts to undermine them. The U.S. discontent, as contrasted with China’s satisfaction as a rising power, has a number of potential geopolitical and economic implications at the bilateral, regional, and global levels, endangering the viability and sustainability of the universally accepted political and economic regimes.


Author(s):  
Robert D. Sprague

This chapter focuses on legal issues that may arise from the increasing use of social interaction technologies; prospective employers searching the Internet to discover information from candidates’ blogs, personal web pages, or social networking profiles; employees being fired because of blog comments; a still-evolving federal law granting online service providers sweeping immunity from liability for userpublished content; and attempts to apply the federal computer crime law to conduct on social networking sites. The U.S. legal system has been slow to adapt to the rapid proliferation of social interaction technologies. This paradox of rapid technological change and slow legal development can sometimes cause unfairness and uncertainty. Until the U.S. legal system begins to adapt to the growing use of these technologies, there will be no change.


2007 ◽  
Vol 12 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Pallab Mozumder ◽  
C. Meghan Starbuck ◽  
Robert P. Berrens ◽  
Susan Alexander
Keyword(s):  

2014 ◽  
Vol 15 (3) ◽  
pp. 366-370 ◽  
Author(s):  
Suman Ambwani ◽  
Katherine M. Thomas ◽  
Christopher J. Hopwood ◽  
Sara A. Moss ◽  
Carlos M. Grilo
Keyword(s):  

2001 ◽  
Vol 1 (2) ◽  
pp. 191-220 ◽  
Author(s):  
Richard Baum

Ever since Richard Nixon's 1972 “opening” to China, U.S. presidential election campaigns have been the occasion for the opposition party to strongly challenge the incumbent president's policy of engagement toward China. Once in power, however, successful challengers (Carter, Reagan, Clinton) have softened their criticism and accepted the strategic necessity of cooperation with China. In the first stage of this cycle, the 2000 election appeared to be no exception, as presidential challenger George W. Bush sharply criticized Bill Clinton's notion of a “strategic partnership” with the PRC and proposed instead that the U.S. and China were “strategic competitors.” This paper examines the first six months of the Bush presidency to see if the historic pattern of post-election reversion to the status-quo ante is repeating itself in the Bush Administration. Looking, inter alia, at the individual preferences of key administration policymakers, the administration's enhanced arms sale package to Taiwan, the president's pledge to do “whatever it took” to defend Taiwan, and the mid-summer visit of Secretary of State Colin Powell to Beijing, the paper documents the existence of a sharp division between “soft” realists and “hard” realists within the Bush Administration; and it concludes that while there has been a perceptible shift toward a more adversarial outlook, it is too soon to tell whether this shift will be partly offset by the normal first-term “regression to the mean.”


2010 ◽  
Vol 3 (1) ◽  
pp. 1-39
Author(s):  
Ruth Kelly

In the light of the disparity of bargaining leverage in FTA negotiations between the EU or the U.S. and developing countries, this article presents a legal mechanism to maintain the status quo, that is, the acquis of current trade arrangements. On the basis of the test established in the EC-Tariff Preferences case, it is argued that the Enabling Clause allows for differentiation between developing countries on the basis of their levels of intra-regional trade. A scheme is then constructed which allows the EU and the U.S. to differentiate in favor of current beneficiaries of non-reciprocal trade preference schemes in this way. This allows the EU and the U.S. to maintain the acquis without making radical changes to their trade and development policy. Where the status quo is an option, developing countries involved in FTA negotiations would have a feasible best alternative to a negotiated agreement (BATNA) to replace the current alternative of a significant reduction of market access to the EU or the U.S. While the maintenance of the status quo is up to the industrialized country in question, given that the trade preferences are unilateral in nature, the scheme constructed debunks the myth that there is a legal requirement to replace the current arrangements by reciprocal trade agreements in the absence of a waiver.


2015 ◽  
Vol 2 (4) ◽  
pp. 675-694
Author(s):  
David E. Graham

Much has been written over the past several years regarding the increased U.S. employment of UAVs as a weapon system against both combatants on a battlefield and terrorists far removed from an active zone of military operations. As an element of this dialogue, there has occurred a growing discussion as to whether, given what some view as the appearance of new threats to national security—existing in the form of al-Qaeda and similar terrorist organizations—there is now a need for enhanced clarity and transparency concerning the legal principles applicable to when, where, and how such systems might be used. The purpose of this article is to demonstrate that, if, in fact, uncertainty exists as to the legal norms to be applied in the employment of UAVs against those who threaten U.S. security interests—it is an uncertainty of a U.S. self-inflicted nature. In truth, the old law, i.e., currently existing codified and customary international legal principles, can quite sufficiently regulate the lawful use of these systems. Any confusion surrounding this subject is, in reality, due to the consistently self-serving and highly questionable manner in which the U.S. government has both interpreted and applied these norms. Before turning to a discussion of the relevant legal issues, however, it would be helpful to briefly examine the basic nomenclature of commonly U.S.-deployed UAVs.


Author(s):  
Zachary Cahn ◽  
Jeffrey Drope ◽  
Clifford E Douglas ◽  
Rosemarie Henson ◽  
Carla J Berg ◽  
...  

Abstract Regulatory authorities have devoted increasing attention and resources to a range of issues surrounding the regulation of novel nicotine and tobacco products. This review highlights the inherent complexity of evaluating prospective policies that pertain to products that heat solutions containing nicotine but not tobacco leaf, sometimes referred to as electronic nicotine delivery systems (ENDS). The U.S. Food and Drug Administration (FDA) is compelled to incorporate a set of public health criteria in their decision-making, collectively referred to as the Population Health Standard. Adherence to this standard is necessary to estimate the impact of prospective ENDS policy decisions on net population harm associated with non-therapeutic nicotine products. For policies that are expected to decrease or increase ENDS use, application of the Population Health Standard requires a comprehensive assessment of the status quo impact of ENDS use on population health. Accordingly, this review first assesses the state of the evidence on the direct harms of ENDS and the indirect effects of ENDS use on smoking, particularly rates of initiation and cessation. After that, the example of flavor restrictions is used to demonstrate the further considerations that are involved in applying the Population Health Standard to a prospective ENDS policy. Implications This narrative review aims to inform regulatory considerations about ends through the prism of the population health standard. More specifically, this review: 1) describes and explains the importance of this approach; 2) provides guidance on evaluating the state of the evidence linking ends to the net population harm associated with non-therapeutic nicotine products; and 3) illustrates how this framework can inform policymaking using the example of flavor restrictions.


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