Insecurity interests: where intellectual property and commercial law collide

Article Abstract:

The growth of US exports in intellectual property-related industries, such as the film and software industries, is being hindered by the incompatibility of state secured transaction laws and federal intellectual property laws. To finance growth, companies in these industries often have to resort to secured financing, with intangible assets as the security. The uncertainty over whether the Uniform Commercial Code or the federal patent, trademark and copyright statutes control such transactions imposes costs on business. The better approach would be for federal law to control federally registered property interests and state law to control unregistered rights.

Interpretation and construction, Intellectual property, Commercial law, Secured transactions, Intangible property, Intangible assets

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State sovereignty and subordinacy: may Congress commandeer state officers to implement federal law?

Article Abstract:

The US Supreme Court's decision in New York v. United States adopted a bright line rule limiting Congress' ability to require state officers to enact or enforce federal laws, but the Court failed to justify why it drew the line on federalism where it did. The Court appears to have been more interested in maximizing state autonomy without considering the principles of federalism or efficient cooperation between state and federal governments. The ruling is largely symbolic because the strict division of state and federal authority supported by the Court is not consistent with historical practices.

Analysis, Federalism

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Universal justice: the role of federal courts in international civil litigation

Article Abstract:

The cause of international civil justice would be best served by federal adjudication of extraterritorial alien torts cases. The US Supreme Court should extend the reach of the Alien Torts Act and the Torture Victims Prevention Act through recognition of tortfeasors' jus cogens norms violations as implied waivers of the Foreign Sovereignty Immunities Act. Federal courts, often reluctant to hear these extraterritorial cases, generally do have subject matter jurisdiction in such alien tort cases and should adjudicate them as a means of curbing violations of international principles of justice.

Jurisdiction (International law), Torts (International law)

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