Oregon Review of International Law : Volume 17, Number 2 (2016)

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    Deferring to the Dead: A Uniquely American Approach to Providing for Posthumously Conceived Children
    (University of Oregon School of Law, 2016-08-01) Shuler, Kayleigh S
    In this paper, I will conclude that the state legislatures should uniformly allow posthumously conceived children to inherit from their deceased parent which will, in turn, allow courts to extend Social Security and other benefits to these children. By comparing the purposes underlying U.S. inheritance law to the purposes underlying French inheritance law, I will demonstrate that uniform inheritance for these children is consistent with the U.S.’s approach throughout the intestacy system.
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    Forgetting Nature: The Importance of Including Environmental Flows in International Water Agreements
    (University of Oregon School of Law, 2016-08-01) Hardberger, Amy
    From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations.
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    Data Exclusivity for Pharmaceuticals: Was It the Best Choice for Jordan Under The US-Jordan Free Trade Agreement?
    (University of Oregon School of Law, 2016-08-01) Armouti, Wael; Nsour, Mohammad F.A.
    Article 39.3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) requires that all members of the World Trade Organization (WTO) take measures to protect the confidential test data submitted by originator pharmaceutical companies as a part of their bid to attain regulatory approval for New Chemical Entities (NCEs). Specifically, members must protect this data against “disclosure” and “unfair commercial use.” Essentially, this broad prescription in Article 39.3 gives WTO members the freedom to set their own rules by allowing them to interpret the Article’s principal terminology and, further, by permitting WTO members to choose the proper approach with which to implement this article.
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    Employing Trafficking Laws to Capture Elusive Leaders of Destructive Cults
    (University of Oregon School of Law, 2016-08-01) Laisure, Robin Boyle
    Destructive cults are the focus of this paper. Cults continue to evade our justice system here in the United States and abroad. This paper seeks to offer a fresh legal framework which, I posit, could aid in the capture and prosecution of cult leaders.
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