Print Journal

The New Chinese Dynasty: How the United States and International Intellectual Property Laws are Failing to Protect Consumers and Investors from Counterfeiting

By: Anna-Liisa Jacobson

 

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship between the foreign injury and adverse effects on domestic commerce. However, the commentary speculated that the Supreme Court had only generated further confusion.

 

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Reconsidering the D.C. Circuit’s Proximate Cause Standard for Extraterrotorial Jurisdiction: Precluding the “Globalization” Theory to Promote Global Enforcement

By: Michelle A. Wyant

 

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship between the foreign injury and adverse effects on domestic commerce. However, the commentary speculated that the Supreme Court had only generated further confusion.

 

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Can Successful Lawyers Think in Different Languages?: Incorporating Critical Strategies that Support Learning Lawyering Skills for the Practice of Law in a Global Environment

By: Katerina P. Lewinbuk

 

In response to the globalization of the practice of law, law schools in the United States and other countries that have traditionally been defined as belonging to the common law legal system have opened their doors to international students from different legal systems for whom English is a second language (“ESL students” or “international students”). Many of these programs have evolved without real assessment of the students’ needs and how to meet those needs. After a number of resulting challenges, it became clear that in order to make such programs a success, law professors need to use special methodologies and strategies for teaching ESL students; they cannot use the approaches that have been successful with students from common law countries.

 

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