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Globalization and Regulation
Laurel S. Terry
This chapter is part of a 20-chapter book that features essays by subject-matter experts and advances and sharpens the dialogue within the bar about accelerating disruption of the legal services marketplace. It identifies forces that are creating pressure for regulatory change across the United States, summarizes regulatory reforms that have taken place elsewhere in the world, and highlights issues that U.S. lawyer regulators must confront soon in response to a rapidly evolving legal industry. It concludes by offering predictions about the future course of lawyer regulation in the United States. While it is impossible to know exactly which regulatory changes will gain a firm foothold throughout the United States, it is all but certain that change will come, and the impact will be dramatic. Indeed, some have predicted that we will see more change in the next two decades of legal practice than we have seen in the past two hundred years. The same is likely to be true with respect to regulation of legal services. As U.S. regulators and stakeholders consider changes going forward, they should consider what it is they are trying to achieve through the lawyer regulatory system, the regulatory options available, and the degree to which they want the delivery of legal services to be occurring within the regulatory structure.
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Evidence in Cases of Mass Criminality
Dermot Groome
This chapter focuses on the complex criminal investigations of alleged violations of international humanitarian and human rights law, their anatomy and methodology for investigating those most responsible.
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Legal Services in the United States
Laurel S. Terry and Erica Moeser
This Chapter was the first of several case studies on domestic regulation included in Part III of this book. The Chapter began by noting the evolving regulatory environment for legal services in the United States. It provided an overview of the United States’ regulatory structure for legal services and included a section on pathways to licensure as a fully qualified United States lawyer. This Chapter also addressed trends towards modification of eligibility requirements, the rise of the Uniform Bar Examination (UBE), and provided a view of the future, including expanded access for foreign lawyers in the United States. The Chapter also included a section on trade-related implications that highlighted some of the ways in which trade negotiations have affected the U.S. legal services’ regulatory structure and the ways in which the U.S. legal services’ regulatory structure has affected trade negotiations. This Chapter was based on a presentation at the World Trade Organization (WTO) by Erica Moeser, who is the President and CEO of the National Conference of Bar Examiners. The WTO’s General Agreement on Trade in Services (GATS) includes a provision that requires WTO Member States to conduct negotiations to develop “disciplines” on domestic regulation of services sectors. This book was prepared under the auspices of the WTO and contains analyses and case-studies from academics, regulators and trade experts that explore the scope and limits of WTO legal principles to promote domestic regulatory reform. The case studies discuss country-specific challenges and experiences of regulating important service sectors. The book is intended to provide a useful resource for academics and students researching regulatory approaches and practices in services sectors.
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Innovation and Access: Legal Strategies at the Intellectual Property Rights and Competition Law Interface
Daryl Lim
Innovation is a commercially risky and legally perilous process. It is risky because large sunk costs are often required to initiate and sustain research, product development and other steps involved in the offering of the product and winning of the market. At the cusp of commercial success however, firms have to contend with uncertainty as to whether the manner in which they exploit any intellectual property (IP) rights they have, or may be acquiring, will pass the scrutiny of competition laws. In the wake of a recent Microsoft decision in the European Union and developments elsewhere, companies have had to reassess their corporate strategies, not merely at a local or regional level, but because of the nature of IP exploitation today, on a global scale as well. This paper begins with a reflection on how courts and competition authorities regard various legal strategies implemented in the exploitation of IP rights. The discussion includes an evaluation of the legitimacy of regulatory responses to these strategies as well as the regulatory schism that impacts trans-border IP strategies. The paper then considers how firms can maximise the value of their IP within the present regulatory environment by influencing the normative framework of competition policy. The limits of this influence are explored and the paper concludes with a discussion on how global trends are likely to shape the strategic landscape arising out of the interface between IP and competition law in the years ahead.
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The Crime of Persecution
Dermot Groome
This chapter in The Handbook of Human Rights Investigation considers several specific types of cases, e.g., crimes of sexual violence.
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The Mladic and Karadzic Rule 61 Hearing
Dermot Groome
This contribution to The Oxford Companion to International Criminal Justice describes the Rule 61 hearing held in 1996 after which international arrest warrants were issued for Radovan Karadzic and General Ratko Mladic.
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The Prosecutor V. Mrksic
Dermot Groome
This contribution to The Oxford Companion to International Criminal Justice provides an overview of the Mrksic case ("Vukovar Hospital Case") at the International Criminal Tribunal for the former Yugoslavia.
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The Work of the ABA Commission on Multidisciplinary Practice
Laurel S. Terry
This book chapter focuses on the work of the ABA Commission on Multidisciplinary Practice (MDP Commission), which was active from 1998-2000. After an introductory section that places the work of this Commission is historical and global context, this chapter provides a history of the ABA MDP Commission and describes the models that the ABA MDP Commission circulated for public comment. The Chapter continues by summarizing the ABA MDP Commission's June 1999 and May 2000 recommendations. It also summarizes some of the major criticisms of the MDP Commission’s work. This Chapter supplements some of the authors other writings for and about the ABA MDP Commission, including the "Issue Checklist" the author prepared for the ABA MDP Commission, the summary of testimony the author prepared, and several law review articles.
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