Nearly five years after the Grokster case transformed the freewheeling world of free online music sharing into the fee-based business model of iTunes, newspapers are arguing for similar legal enforcement of their intellectual property rights online. The enemy is no longer peer-to-peer (P2P) software. Rather, the new alleged enemy is "news aggregators," such as Google News. At last week's FTC Workshop on Journalism and the Internet, a panel of nine industry experts addressed, "Emerging Business Models for Journalism." The 9-person panel included two lawyers: Srinandan Kasi, General Counsel for the Associated Press and Steven Brill, a graduate of Yale Law School and co-founder of Journalism Online, Inc. Update: the archived webcast is now available. More

The U.S. Federal Trade Commission (FTC) is hosting a two-day "Workshop on Journalism and the Internet" in Washington, D.C. The workshop serves as a forum for industry leaders, consumer advocates, academics, and lawyers to advise the FTC on possible changes to copyright law, antitrust law, and tax policy. The FTC convened the workshop in response to concerns that investigative journalism and coverage of public affairs news is on the decline due to financial difficulties by news agencies and new online competition from citizen journalists, bloggers, and aggregate content providers. The FTC asked workshop participants for proposals related to: (a) new tax treatments of news organizations, (b) changes in copyright, including the "fair use" doctrine as applied to news stories, (c) antitrust exemptions as applied to certain conduct of news organizations, and (d) greater public funding for public affairs news. The Workshop continues today and is open to the public. For those unable to attend, the Workshop is available as a live webcast. More

Two weeks ago, the California Supreme Court heard oral arguments in a death penalty appeal. The defendant's legal arguments included, in part, that the death sentence must be vacated because the death penalty violates international law and that international law is binding on the California state court. Specifically, the defendant contends that the California death penalty statute violates the International Covenant on Civil and Political Rights (ICCPR) and evolving global norms against capital punishment. The Court has not yet ruled on the case and will be hearing similar legal arguments in another death penalty appeal before the Court on November 4, 2009. Should international human rights instruments and customary international law influence the Court's analysis of the death penalty statute, the defendant's due process rights, and what constitutes "cruel and unusual" punishment? More

The Singapore Law Society is offering a weekend of FREE legal counseling, interactive panel discussions, and legal exhibitions to the public. Individuals can get 20 minute one-on-one consultations with an attorney on a first-come, first-served basis. Panel discussions include employment law, new bankruptcy laws, debt restructuring, using the Internet at work, and data privacy. Additional exhibitions will cover family law, domestic violence, youth crimes, and Internet crimes. The event takes place this Saturday and Sunday from 10 a.m. to 6 p.m. at Exhibition Hall. More

The International Peace Research Institute in Oslo, Norway (PRIO) is accepting applications for 1-year scholarships for master’s degree students specializing in conflict resolution and peacebuilding, national security, global security, or the study of civil wars. Students worldwide may apply. The Institute particularly encourages students with non-Western backgrounds to apply. The deadline for applications is 16 November 2009. More

The UN Commission on the Status of Women invites any individual, non-governmental organization, group, or network to submit accurate and detailed information to the Commission relating to the promotion of women's rights in political, economic, civil, social, and educational fields in any country anywhere in the world. The Commission is particularly interested in receiving any information relating to alleged violations of human rights that affect the status of women. The Commission will use this information to analyze emerging trends and patterns of injustice and discriminatory practices against women. This analysis informs the Commission's policy process, including the formulation of the best strategies to promote gender equality. The author's name will not be made known unless the author provides explicit permission. Submissions will be accepted until 14 August 2009. More

My article, "The Legal Implications of Nearshore Outsourcing to Mexico," has been published in the latest issue of The California International Law Journal. The issue contains three articles on Mexico and one article on IP in the EU. My article is intended for practitioners and provides pragmatic advice and recommendations related to contract enforceability, remedies, arbitral clauses, data privacy, intellectual property, and other legal issues under relevant contract laws, NAFTA, and international commercial and trade agreements. In the same issue, J. Anthony Girolami examines the 2008 Renewable Energy Law in Mexico, its impact on the industry, and how California may benefit from geothermal, wind, and hydroelectric power generated in Mexico. In the third Mexico-focused article, Lizbeth H. Flores identifies eight cultural practices that every cross-border attorney doing business in Mexico should know. Lastly, Robert Cain and Mark Finn provide Part II of their two-part article on protecting intellectual property rights in the European Union. More

The "Call for Papers" section can now be found at http://www.insidejustice.com/law/index.php/CallForPapers. More

One year ago, I wrote a small booklet, "The Evil Dictator's Guide to Genocide: Deliberate Infectious Disease Spread," to accompany a presentation I gave on possible criminal culpability for intentional infectious disease spread. "The Evil Dictator's Guide to Genocide" provides Machiavellian guidance on the benefits, risks, and possible legal consequences of using infectious diseases as weapons against targeted or vulnerable populations. The recent swine flu outbreak, along with my post yesterday discussing the lack of the World Health Organization's enforcement authority, reminded me again of the ease by which an evil leader could take advantage of this latest disease outbreak. Back by popular demand, you can download a copy of the booklet for free. Circulation to evil dictators is prohibited by law. More

The SOLON War Crimes Conference, themed "Retrospectives and Prospects," took place on 19-21 February 2009 at the Institute of Advanced Legal Studies, London University, in association with SOLON and The Institute of Historical Research. Reprinted here with permission is the conference report and transcript of the plenary talk by Lesley Abdela. More

On Saturday, the World Health Organization declared the swine flu outbreak in Mexico and the United States to constitute a "public health emergency of international concern" under the International Health Regulations, a legally binding international instrument on disease prevention, surveillance, control, and response adopted by 194 countries. Countries with confirmed cases of swine flu are asked to report all probable and confirmed cases and deaths to WHO on a daily basis. WHO Director-General Dr. Margaret Chan also called upon all countries to intensify their surveillance and detection of unusual influenza-like outbreaks and cases of severe pneumonia. This discussion explores the International Health Regulations, its provisions for infectious disease containment, what constitutes a public health emergency of international concern, and the scope of enforcement authority to thwart a global pandemic. More

This panel, at the 2009 ABA Section of International Law Spring Meeting, addressed common pitfalls in negotiating and drafting international agreements. Panelists included Pierre-Yves Gunter, Calvin Hamilton, Florian Jörg, Fabiano Deffenti, and Erik B. Wulff. Panelists shared their "war stories" of cross-border transactions. The panelists agreed that lawyers need cross-cultural understanding and training. They provided tips on how to deal with contract translations, choice of law, award enforcement, and arbitration. The following summarizes their recommendations and real-world vignettes. I also provide a list of pragmatic tips based on my experiences with software development and data outsourcing. More

This week, the Energy and Commerce Committee on Capitol Hill will hold four days of hearings to discuss a 648-page draft bill, the "American Clean Energy and Security Act of 2009," sponsored by two senior House Democrats, Representatives Waxman and Markey. Last week, at the 2009 ABA Section of International Law Spring Meeting, Joseph Dellapenna moderated a discussion on Obama's market-based cap-and-trade proposal for carbon emissions with three panelists: Michael Gerrard, Jeffrey Gracer, and Kenneth S. Rivlin. The session was entitled, "Can Carbon Trade Save the World (or Does the World Need to Be Saved from Carbon Trading)?" These experts examined the concerns about market manipulation, the adequacy of possible regulation, the pros and cons of auctions, the lessons learned from other countries with traditional cap-and-trade systems, and possible policy alternatives. Here are some notes that I took during the session. More

Jeffrey L. Bleich, Special Counsel to President Barack Obama in the White House, moderated a discussion on human rights in the new administration with four panelists: Santiago Canton, the Executive Secretary of the Inter-American Commission on Human Rights of the Organization of American States (OAS); William Davis, the Director of the United Nations Information Center in Washington, D.C.; Ambassador Karen Stewart with the Bureau of Democracy, Human Rights and Labor at the U. S. Department of State; and Chip Pitts, an international attorney with Amnesty International. The panel was part of the 2009 ABA Section of International Law Spring Meeting, held 14-18 April 2009 in Washington, D.C. The panelists provided reflections and recommendations with respect to the Durban Review Conference, the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights, the International Criminal Court, the Alien Tort Claims Act, China, Sudan, Cuba, and actions for the Obama administration to take within the next 30 days. More

The 2009 ABA Section of International Law Spring Meeting was held 14-18 April 2009 at The Fairmont Hotel in Washington, D.C. There were 80+ CLE programs, a series of networking events every day and evening, and special events at The Kennedy Center and the U.S. Department of State. I tweeted (#ABA) from the event. This blog posting provides short summaries of some of the sessions. Topics of special interest are separate blog postings. More