Volume 100 -- Issue 6 Georgetown Law Journal

Mutant Biologics: The 2010 Health-Reform Legislation’s Potential Impact on Reducing Biologic Research and Development Costs

When physicians first diagnosed Dr. Sonia Nagda, now a thirty-year-old health policy professional in Washington, D.C., with rheumatoid arthritis more than a decade ago, she was a competitive weight lifter and cheerleader. Sonia began suffering from classic rheumatoid arthritis symptoms—such as morning stiffness that left her walking hunched over after getting out of bed, joint [...]

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It Takes a Village To Make a Child: Creating Guidelines for International Surrogacy

Surrogacy—a prefertilization agreement to carry a child for another—is largely unregulated and unreported. The first surrogate baby was born in 1980, and the practice has become increasingly more common since then. Although there is no formal collection of statistics tracking the rate of surrogacy, the latest available reports show that in the United States alone, [...]

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Failed Justifications: Why Privacy and Federalism Do Not Support the Ban on a Federal Unit-Record System

President Obama’s fourth State of the Union provides just one example of the focus on community colleges that has been central to his Administration’s approach to education. Among other things, the Department of Education has established the Committee on Measures of Student Success “in order to advise the Secretary of Education in assisting two-year degree-granting [...]

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Response: Rethinking the Direction of the Alien Tort Statute

Despite the voluminous academic literature on the origins, purpose, and significance of the Alien Tort Statute (ATS), there has been very little attention paid to the policy consequences of allowing wide-ranging litigation under the statute. Alan Sykes’s economic analysis of ATS litigation against corporations, therefore, fills an important gap in the ATS literature. It is [...]

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Response: Optimizing Liability for Extraterritorial Torts: A Response to Professor Sykes

In his article, Corporate Liability for Extraterritorial Torts Under the Alien Tort Statute and Beyond: An Economic Analysis, Professor Alan Sykes applies a law-and-economics approach to the questions of whether it makes sense for U.S. courts (1) to be able to exercise adjudicatory jurisdiction over international law violations committed or facilitated by individuals (2) whose [...]

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Corporate Liability for Extraterritorial Torts Under the Alien Tort Statute and Beyond: An Economic Analysis

Recent years have witnessed an enormous increase in litigation against corporate defendants under the U.S. Alien Tort Statute (ATS). The typical case alleges corporate involvement in egregious conduct that violates international law in a developing country, usually some branch of human rights law. Some- times agents of the corporation itself are alleged to have engaged [...]

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Introduction

Since its inception, The Georgetown Law Journal has been a forum for leading scholarship in international law. The Journal’s very first volume fea- tured an article addressing the issues of treaty interpretation in the context of the Panama Canal. The article questioned whether the United States’ purchase of the land through which the Panama Canal [...]

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Response: Markets in IP and Antitrust

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The goal is not to delineate market boundaries for their own sake, but rather to identify situations in which firms can [...]

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Response: An Information Approach to Trademarks

The fundamental problem of communication is that of reproducing at one point either exactly or approximately a message selected at another point. Frequently the messages have meaning; that is they refer to or are correlated according to some system with certain physical or conceptual entities. These semantic aspects of communication are irrelevant to the engineering [...]

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Is Pepsi Really a Substitute for Coke? Market Definition in Antitrust and IP

Does Pepsi compete with Coke? It seems a straightforward question; perhaps you think it has a straightforward answer. Sure they compete, you might say; they are both colas, they are used for the same purpose, they are sold next to each other in the grocery store, and they cost about the same. In fact, however, [...]

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