Supreme Court to Revisit Extraterritorial Scope of Trademark Law
On March 1, the Supreme Court will hear argument in Abitron Austria GmbH v. Hetronic International, Inc., which concerns the extraterritorial scope of the Lanham (Trademark) Act. In resolving this case, the Court will need to decide what to do about an old precedent that appears to be inconsistent with the Court’s modern approach to…
Continue ReadingCustomary International Law’s Domestic Status: Reflections After Twenty-Five Years
We are grateful to Bill Dodge for highlighting our 1997 article on the domestic legal status of customary international law. In that article, we critically analyzed what we referred to as the “modern position,” which is the claim made by some academics and the Restatement (Third) of Foreign Relations Law that customary international law has…
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