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Roberto Rosas

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Roberto Rosas, J.S.D. •Juris Doctor, Universidad de Guadalajara, from which he graduated with the highest-grade point average of his class. •He also previously obtained a Bachelor of Science degree in Electrical Mechanical Engineering at the Universidad of Guadalajara with additional studies related to a Master's Degree in Industrial Engineering. •He was a professor with the Universidad de Guadalajara in the School of Engineering, teaching courses in Electrical Mechanical Engineering and in the Master’s Degree program in Industrial Engineering. Later he was a tenure-track professor in the School of Law and to date is a Profesor Externo (External Professor) in the J.S.D. program with the Universidad de Guadalajara.•Post Graduate studies in management science and business administration in universities in the United States and England. •Doctor of Juridical Science (J.S.D.), Universidad Europea de Madrid

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Universidad Carlos III de Madrid

Moscow state institute of international relations

Abdulaziz Alobud

ISLAMIC UNIVERSITY OF MADINAH

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Suffolk University Boston MA

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University Of Bayreuth, Germany

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Papers by Roberto Rosas

Comparative Study of the Formation of Electronic Contracts in American Law with References to International Law

Indian journal of international law, 2006

Maternity Rights: A Comparative View of Mexico and the United States

Women play a large role in the workplace and require additional protection during pregnancy, chil... more Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides 2

Trademarks Under the North American Free Trade Agreement (NAFTA) With References to the New Trademark Law of Spain, Effective July 31, 2002, and the Current Mexican Law

1st ed., 1 (Mexico, 1999). The author stares that the total contents of NAFTA, from a judicial po... more 1st ed., 1 (Mexico, 1999). The author stares that the total contents of NAFTA, from a judicial point of view, can be synthesized by saying that it procures uniformity or harmonization of the foreign trade policy of the three countries. The under lying idea is that free trade is an adequate means for the development of the nations. But neither the foreign trade policies nor the agreement itself are in reality free trade. Free trade is made up of international contracts chat rhe parries (persons or enterprises) enter into with the purpose of exchanging goods or services. The foreign trade policies and the free trade agreements, are co say, only che adequate scenographic for the true agents of free trade to act; these agents are the importers, exporters, manufacturers, the enterprises and entrepreneurs. NAFTA estab lishes conditions that supposedly should facilitate the entering into of international commercial contracts, such as exportations, importations, technology transfer contracts, licenses for use of trademarks and patents, goods transport contracts, and lending of services contracts. While this chapter was negotiated and elaborated in conformity with TRIPS," effective January 1, 1995,100 it is more precise.101 Articles 1714 to 1718 of the Agreement address the coercive application of trademark law, as indicated by their headings.102 The titles of the cited articles also feature brief commentaries on each of them in the following sections. This part of the chapter on intellectual property is important because treaties covering substantive protec tion of intellectual property rights would be unenforceable without an adequate legal frame work to remedy infringed rights.

Matrimonial Consent in Canon Law Juridical Aspects

A valid marriage emerges thanks to the founding power of one sole efficient cause—consent. Marria... more A valid marriage emerges thanks to the founding power of one sole efficient cause—consent. Marriage is a complex human reality; it encompasses physio-biological, psychological, personal, social, religious, moral, and judicial aspects. The essence and characteristics of marriage are determined by natural law. From here, Canon Law made an extraordinary effort, unknown by the other judicial codes, to investigate the natural demands of marriage, just as they are demanded by the dignity of the human being. Consent is the only efficient cause of the matrimonial bond. It is generally accepted that the mutual consent of both of the contracting parties is what “makes” each marriage specific, not only in an “efficient” sense but also in a “formal” sense, using the scholastic terminology. The celebration of marriage has no effect if consent is lacking. Consent is the sole and irreplaceable cause of marriage, and therefore presupposes and demands natural, absolute and relative capacity of both ...

New Legal Rights in the Legal System of the United States of America

East African journal of peace and human rights, 2009

What new rights does the American legal system offer at/he start of the 2 I" century.? This artic... more What new rights does the American legal system offer at/he start of the 2 I" century.? This article takes a snapshot of some of the most controversial topics in American society today and the juridical response to these topics by individual slates, the United States Congress, and the United States Supreme Court. Although there are numerous legal topics that deserve mention and analysis, this article is limited to the discussion of 7 new rights created by state and federal laws. The new legal rights in the United States legal ~ystem discussed in this article include the following: 1) The right to the protection of the environment; 2) The right to privacy in relation to unsolicited telemarketing telephone calls; 3) The right to sexual offender residential information; 4) The right to the protection of victims of human trafficking; 5) The right to mar!JI or to civil unions between same-sex couples; 6) The right to euthanasia or death with dignity; and 7) The right to determine what medical treatment to receive and the right to organ donation. The article also discusses the most far-reaching decisions handed down by the United States Supreme Court in 2008.

The Ecclesiastical Tribunals Field Hospital for Wounded Marriages: The New Matrimonial Processus Brevoir

This article will focus on explaining the new marriage annulment processes of the Latin Church, w... more This article will focus on explaining the new marriage annulment processes of the Latin Church, which are found in the Motu proprio Mitis ludex Dominus lesus, although the same processes apply to the processes in the Eastern Churches. Any differences that exist between the two processes are due to the distinct ecclesiastical structure between one Church and another. This explanation will advance the following points: (1) marriage; (2) reasons for a new matrimonial process; (3) guiding principles for the new process; (4) pastoral footprint of service to the faithful in ecclesiastic tribunals; (5) actualization of the ecclesiastic structure; (6) the ordinary process and the documentary process; and (7) nature and particularity of the briefer matrimonial process before the Bishop

Estudio Comparativo de la Formacion de Contratos Electronicos en el Derecho Estadounidense con Referencia al Derecho International y al Derecho Mexicano

The author presents the underlying fundamental contractual principles in American law, and in thi... more The author presents the underlying fundamental contractual principles in American law, and in this respect, tire Uniform Commercial Code, with particular emphasis in how electronic transactions are regulating, and therefore in the Uniform Computer Information Transaction Act, the Uniform Electronic Transactions Act, and the Electronic Signatures in Global and National Commerce Act. Concerning international law, the United Nations Convention on Contracts for the International Sale of Goods and concerning Mexican law, with reference to the Commerce Code and the Federal Civil Code

New Legal Rights in the Legal System of the United States of America

East African journal of peace and human rights, 2009

Los Nuevos Derechos en el Sistema Jurídico de Estados Unidos

derecho a Ia protecci6n del media ambiente. 3. El derecho a Ia privacidad con relaci6n a las llam... more

Lavado de Dinero y Defraudacion Fiscal en el Derecho Positivo Mexicano (Money Laundering and Tax Fraud in the Mexican Legal System) (book review)

Julio Aspe, a graduate with an LL.M. in American Legal Studies from St. Mary's University School ... more Julio Aspe, a graduate with an LL.M. in American Legal Studies from St. Mary's University School of Law, is the author of this outstanding book. It explores, with diligent academic and practical rigor, a current topic that is widespread throughout the world. Money laundering wreaks havoc on countries' morals, economics, and governance due to the immense amount of capital that is handled because of its illicit nature and its relationship with tax fraud. The author is a Mexican law graduate of the Escuela Libre de Derecho de la Ciudad de Mexico, who after receiving his LL.M. at St. Mary's University School of Law, earned an honorable mention in his Doctorate in Law (J.S.D.) from the National Institute of Criminal Science (Instituto Nacional de Ciencias Penales). Additionally, he earned a humanist education through his graduate studies in Europe.

Foreign Patent Decisions and Harmonization: A View of the Presumption Against Giving Foreign Patent Decisions Preclusive Effect in United States Proceedings in Light of Patent Law International Harmonization, 18 J. Marshall Rev. Intell. Prop. L. 1 (2018)

John Marshall Review of Intellectual Property Law, 2018

See 35 U.S.C.A. § 282 (West 2012) (listing counterclaim of patent invalidity as a defense to a pa... more See 35 U.S.C.A. § 282 (West 2012) (listing counterclaim of patent invalidity as a defense to a patent infringement action); Devon Curtis Beane, Whose Right Is It Anyway?: The Evisceration of an 7 See discussion infra notes 60-93 and accompanying text. S See How to Get a Patent, USPTO.GOV, http://www.uspto.gov/web/patents/howtopat.htm (last visited March 19, 2018) (discussing in simple terms the requirements to obtain a patent); Devon Curtis Beane, Whose Right Is It An Evisceration of the Infringer's Seventh Amendment Right in Patent Litigation, 2011 U. ILL. L. REV. 1853, 1859 (2011) (explaining the patent process). 9 See 35 U.S.C.A. § 101-123 (West 2012) (detailing the requirements for obtaining a patent); see also How to Get a Patent, USPTO.GOV, http://www.uspto.gov/web/patents/howtopat.htm (last visited March 19, 2018) (discussing in simple terms the requirements to obtain a patent). 10 See Gene Quinn, The Cost of Obtaining a Patent in the US, IP WATCHDOG (April 4, 2015) http://www.ipwatchdog.com/2015/04/04/the-cost-of-obtaining-a-patent-in-the-us/id=56485/ (discussing the intricacies and difficulties in obtaining a patent).

Maternity Rights in Mexico: With References to the Spanish and American Codes

PSN: Labor (Topic), 2004

Mexico, the United States, and Spain approach maternity rights and benefits from differing perspe... more Mexico, the United States, and Spain approach maternity rights and benefits from differing perspectives within diverse legal frameworks. Maternity and pregnancy deserve legal protection in the workplace by virtue of their vital role to society. Women worldwide share a concern for maternity rights and benefits, but countries approach legal rights related to motherhood and pregnancy from differing perspectives. The laws in Mexico and Spain regarding maternity share many similarities, including protecting not only the mother and fetus, but also the infant and father. In contrast, the laws in the United States solely protect the mother and unborn fetus. The laws in the United States dealing with maternity tend to be more general than their Mexican and Spanish counterparts. The key to this difference lies in the foundation and rationale on which each legal regime is based. While Mexican and Spanish maternity rights are grounded in the unique circumstances of childbearing, the laws of the...

Canon 1095 and the Dignitas Connubii: The Role of Consent, Incapacity, and Psychic Anomalies in Cases of Matrimonial Nullity

Ateneo Law Journal, 2014

A special note of appreciation is due to Monsignor Juan Jos& Garcia Failde for his express permis... more

The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature

The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature* The Law of the ... more The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature* The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature Introduction.-I. The principles of marriage, matrimonial consent and nullity of marriage in Canon Law.-II. The ordinary process of a declaration of nullity of marriage. The enhancement to the Code of Canon Law by the Instruction Dignitas connubii.-1. Summary of the principal functions of the Dignitas connubii.-2. Connections of Dignitas connubii to can. 1095 of the Code.-Ill. Recent Rotal Jurisprudence and the Dignitas connubii.-1. Doctrine and case law.a. Grave defect of discretion of judgment.-b. Incapacity to assume the essential obligations of marriage.-2. Recent Rota! Jurisprudence.-a. Lack of discretion of judgment.-b. Incapacity to assume the essential obligations.-Conclusion. 2 Aristotle argued that, in order to understand an object, especially changes that the object might undergo, one has to understand its four causes. According to Aristotle, the efficient cause of an object is "the source of the first begjnning of change or rest" (ARISTOTLE, Metaphysics, book 5, section 1013a, trans. H. Tredennick, London 1989).

Las marcas en el Tratado de Libre Comercio de América del Norte

Boletín Mexicano de Derecho Comparado, 2003

Numero 107 Mayo - Agosto 2003 Nueva Serie Ano XXXVI ISSN 0041 8633 LAS MARCAS EN EL TRATADO DE LI... more Numero 107 Mayo - Agosto 2003 Nueva Serie Ano XXXVI ISSN 0041 8633 LAS MARCAS EN EL TRATADO DE LIBRE COMERCIO DE AMERICA DEL NORTE * Roberto ROSAS RODRIGUEZ ** In this essay the author analyzes the regulation of trade-marks in the NAFTA, and its influence on Mexico"s legislation on that matter. In the fist part, the author explains in general terms the content of the NAFTA, and afterwards he refers to the ru-les of Chapter XVII on industrial property. Moreover, he explains the protection derived from this Agreement in connection with trade-marks and later he refers to the normative framework of trade-marks in Mexico, which is a result both of legislation and internatio-nal treaties. Finally, he makes a comparison between the Spanish Law on Trade-marks of 2001, the rules of NAFTA and Mexico"s Law on Industrial Property . Descriptors : trade-marks, industrial pro-perty, international treaties . * Con referencias a la nueva Ley de Marcas de Espana (Ley 17/2001, de 7 de diciem...

A Comparative Study of Trademarks: USMCA (U.S.-Mexico-Canada Agreement) and NAFTA (North American Free Trade Agreement)

The definition of a trademark has expanded under the U.S.-Mexico-Canada Agreement ("USMCA "'), wh... more The definition of a trademark has expanded under the U.S.-Mexico-Canada Agreement ("USMCA "'), which provides more protection for rights holders. Currently, these three countries are bound by the North American Free Trade Agreement ("NAFTA"'), which has a narrow definition for trademarks. The North American Free Trade Agreement ("NAFTA"'), which came into effect on January 1, 1994, was a significant agreement between some of the largest, strongest, and well-developed economies in the world.: United States and Canada. It also helped to invigorate Mexico's future economic development. NAFTA's broad purpose was to regulate the exchange of capital, goods, and services across the participating countries. In regards to intellectual property specifically, NAFTA protected and enforced intellectual property rights for signatory countries and promoted innovation, economic growth, and supported job creation. Today, NAFTA 's success has led to negotiations for a new trade agreementthe USMCA. USMCA expands NAFTA 's narrow definition of trademarks and provides more protection for rights holders. This new agreement will sustain the trade relationship between the United States, Canada and Mexico, and continue to protect intellectual property rights between the signatory countries. This Article will demonstrate the significant changes from NAFTA to USMCA with respect to trademarks. First, the agreement now includes protections for intangibles, such as sounds and scents. Second, trademark owners have the exclusive right to prevent third parties from using the same or similar marks that would lead to confusion. Third, "well-known" trademarks are accorded special protection against third parties' trademarks, even if they are not quite identical. Fourth, trademarks must be classified in accordance with the Nice Agreement Concerning International Classification of Goods and Services for the Purpose of the Registration of Marks ("Nice

The Ecclesiastical Tribunals Field Hospital for Wounded Marriages The New Matrimonial Processes Brevoir

Seattle Journal for Social Justice, 2018

Bunge for his text, El Nuevo Proceso Matrimonial de Nulidad Matrimonial. His material was invalua... more

Trademarks Under the North American Free Trade Agreement (NAFTA), with References to the Current Mexican Law

Marquette Intellectual Property Law Review, 2014

Alumni Association. He received his J.D. from the Universidad de Guadalajara in Mexico where he a... more Alumni Association. He received his J.D. from the Universidad de Guadalajara in Mexico where he also previously obtained the degree of Electrical Mechanic Engineer. Postgraduate studies: Harvard Graduate School of Business, University of Massachusetts at Amherst, and Oxford Center for Management Studies. Prof. Rosas also studied graduate courses on comparative law of Mexico and the United States as well as canon law. He is a Doctor of Juridical Science (J.S.D.) at the Universidad Europea de Madrid. He has also been a professor of law at the Universidad de Guadalajara from which he graduated at the top of his class. Prof. Rosas is the author of numerous law review articles published in countries of the

Un enfoque comparativo sobre la formación de los contratos electrónicos

Revista De La Contratacion Electronica, 2004

SUMARlO. I. lntroducci6n. II. Ambito de aplicaci6n. Ill. Auto nomla de las partes (exclusiones, e... more SUMARlO. I. lntroducci6n. II. Ambito de aplicaci6n. Ill. Auto nomla de las partes (exclusiones, excepciones y modificacio nes). IV. Fonnaci6n del contrato electr6nico. 1. Oferta. 2. Acep taci6n. 3. Perfeccionamiento. V. Elementos adiclonales o diferentes del contrato. VI. Fonna y probatoria del contrato. VII. Contraprestaci6n. VIII. Conclusiones. IX. Cuadros resu men. I. lntroducci6n El entendimiento de los principios basicos que regulan la fonnaci6n de contratos es de suma importancia cuando se trata de averiguar la manera mas apropiada de celebrar un nuevo contrato o de evaluar la legalidad de un contra to ya existente. Mientras que las normas basicas de la formaci6n de contratos generalmenle son aplicables a lodo tipo de conlralos, independientemente de la forma en que se realicen, existen algunas normas juridicas que se aplican especificamenle a los contratos celebrados electr6nicamente. Los principios fundamentales de la formaci6n de contratos en el Oere cho estadounidense pueden encontrarse en el Uniform Comercial Code (Codi-RCE num. 50-2004 pags. 3-42 4 RCE num. 50-2004 17 • 12 Cir. ROSSET, A. La regulaci6n legislaliva def comercio electr6nico: una perspectiva norteamericana. Madrid 2000, p. 26 y ss. ,, Id.

Comparative Study of the Formation of Electronic Contracts in American Law with References to International and Mexican Law

Houston Journal of International Law, Sep 22, 2003

Rosas received his law degree from the Universidad de Guadalajara in Mexico where he previously o... more Rosas received his law degree from the Universidad de Guadalajara in Mexico where he previously obtained the degree of Electrical Mechanic Engineer. Prof. Rosas's postgraduate studies include Harvard Graduate School of Business, University of Massachusetts at Amherst, and Oxford Centre for Management Studies. He also studied graduate courses on comparative law of Mexico and the United States as well as canon law. He is a doctorando of law at the Universidad Europea de Madrid. He has also been a professor of law at the Universidad de Guadalajara, from which he graduated at the top of his class. He worked at various law firms in Guadalajara and later established a solo practice. Prof. Rosas has spoken at several conferences in Mexico, Spain, and the United States and is the author of numerous essays on the laws of those countries. He was recently elected director of the Commission on Legal affairs for the Advisory Council of the Institute of Mexican Living Abroad where his main role is advising the President of Mexico in the design and formulation of the policies concerning the Mexican communities in the United States. The author would like to thank Luis Manuel Ramírez Perches, a distinguished Mexican attorney, for his valuable contribution on Mexican legislation to this document. The author would also like to thank San Antonio attorney Héctor Cavazos for his valuable research. Thanks to Ignacio Gonzales for his assistance.

Comparative Study of the Formation of Electronic Contracts in American Law with References to International Law

Indian journal of international law, 2006

Maternity Rights: A Comparative View of Mexico and the United States

Women play a large role in the workplace and require additional protection during pregnancy, chil... more Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides 2

Trademarks Under the North American Free Trade Agreement (NAFTA) With References to the New Trademark Law of Spain, Effective July 31, 2002, and the Current Mexican Law

1st ed., 1 (Mexico, 1999). The author stares that the total contents of NAFTA, from a judicial po... more 1st ed., 1 (Mexico, 1999). The author stares that the total contents of NAFTA, from a judicial point of view, can be synthesized by saying that it procures uniformity or harmonization of the foreign trade policy of the three countries. The under lying idea is that free trade is an adequate means for the development of the nations. But neither the foreign trade policies nor the agreement itself are in reality free trade. Free trade is made up of international contracts chat rhe parries (persons or enterprises) enter into with the purpose of exchanging goods or services. The foreign trade policies and the free trade agreements, are co say, only che adequate scenographic for the true agents of free trade to act; these agents are the importers, exporters, manufacturers, the enterprises and entrepreneurs. NAFTA estab lishes conditions that supposedly should facilitate the entering into of international commercial contracts, such as exportations, importations, technology transfer contracts, licenses for use of trademarks and patents, goods transport contracts, and lending of services contracts. While this chapter was negotiated and elaborated in conformity with TRIPS," effective January 1, 1995,100 it is more precise.101 Articles 1714 to 1718 of the Agreement address the coercive application of trademark law, as indicated by their headings.102 The titles of the cited articles also feature brief commentaries on each of them in the following sections. This part of the chapter on intellectual property is important because treaties covering substantive protec tion of intellectual property rights would be unenforceable without an adequate legal frame work to remedy infringed rights.

Matrimonial Consent in Canon Law Juridical Aspects

A valid marriage emerges thanks to the founding power of one sole efficient cause—consent. Marria... more A valid marriage emerges thanks to the founding power of one sole efficient cause—consent. Marriage is a complex human reality; it encompasses physio-biological, psychological, personal, social, religious, moral, and judicial aspects. The essence and characteristics of marriage are determined by natural law. From here, Canon Law made an extraordinary effort, unknown by the other judicial codes, to investigate the natural demands of marriage, just as they are demanded by the dignity of the human being. Consent is the only efficient cause of the matrimonial bond. It is generally accepted that the mutual consent of both of the contracting parties is what “makes” each marriage specific, not only in an “efficient” sense but also in a “formal” sense, using the scholastic terminology. The celebration of marriage has no effect if consent is lacking. Consent is the sole and irreplaceable cause of marriage, and therefore presupposes and demands natural, absolute and relative capacity of both ...

New Legal Rights in the Legal System of the United States of America

East African journal of peace and human rights, 2009

What new rights does the American legal system offer at/he start of the 2 I" century.? This artic... more What new rights does the American legal system offer at/he start of the 2 I" century.? This article takes a snapshot of some of the most controversial topics in American society today and the juridical response to these topics by individual slates, the United States Congress, and the United States Supreme Court. Although there are numerous legal topics that deserve mention and analysis, this article is limited to the discussion of 7 new rights created by state and federal laws. The new legal rights in the United States legal ~ystem discussed in this article include the following: 1) The right to the protection of the environment; 2) The right to privacy in relation to unsolicited telemarketing telephone calls; 3) The right to sexual offender residential information; 4) The right to the protection of victims of human trafficking; 5) The right to mar!JI or to civil unions between same-sex couples; 6) The right to euthanasia or death with dignity; and 7) The right to determine what medical treatment to receive and the right to organ donation. The article also discusses the most far-reaching decisions handed down by the United States Supreme Court in 2008.

The Ecclesiastical Tribunals Field Hospital for Wounded Marriages: The New Matrimonial Processus Brevoir

This article will focus on explaining the new marriage annulment processes of the Latin Church, w... more This article will focus on explaining the new marriage annulment processes of the Latin Church, which are found in the Motu proprio Mitis ludex Dominus lesus, although the same processes apply to the processes in the Eastern Churches. Any differences that exist between the two processes are due to the distinct ecclesiastical structure between one Church and another. This explanation will advance the following points: (1) marriage; (2) reasons for a new matrimonial process; (3) guiding principles for the new process; (4) pastoral footprint of service to the faithful in ecclesiastic tribunals; (5) actualization of the ecclesiastic structure; (6) the ordinary process and the documentary process; and (7) nature and particularity of the briefer matrimonial process before the Bishop

Estudio Comparativo de la Formacion de Contratos Electronicos en el Derecho Estadounidense con Referencia al Derecho International y al Derecho Mexicano

The author presents the underlying fundamental contractual principles in American law, and in thi... more The author presents the underlying fundamental contractual principles in American law, and in this respect, tire Uniform Commercial Code, with particular emphasis in how electronic transactions are regulating, and therefore in the Uniform Computer Information Transaction Act, the Uniform Electronic Transactions Act, and the Electronic Signatures in Global and National Commerce Act. Concerning international law, the United Nations Convention on Contracts for the International Sale of Goods and concerning Mexican law, with reference to the Commerce Code and the Federal Civil Code

New Legal Rights in the Legal System of the United States of America

East African journal of peace and human rights, 2009

Los Nuevos Derechos en el Sistema Jurídico de Estados Unidos

derecho a Ia protecci6n del media ambiente. 3. El derecho a Ia privacidad con relaci6n a las llam... more

Lavado de Dinero y Defraudacion Fiscal en el Derecho Positivo Mexicano (Money Laundering and Tax Fraud in the Mexican Legal System) (book review)

Julio Aspe, a graduate with an LL.M. in American Legal Studies from St. Mary's University School ... more Julio Aspe, a graduate with an LL.M. in American Legal Studies from St. Mary's University School of Law, is the author of this outstanding book. It explores, with diligent academic and practical rigor, a current topic that is widespread throughout the world. Money laundering wreaks havoc on countries' morals, economics, and governance due to the immense amount of capital that is handled because of its illicit nature and its relationship with tax fraud. The author is a Mexican law graduate of the Escuela Libre de Derecho de la Ciudad de Mexico, who after receiving his LL.M. at St. Mary's University School of Law, earned an honorable mention in his Doctorate in Law (J.S.D.) from the National Institute of Criminal Science (Instituto Nacional de Ciencias Penales). Additionally, he earned a humanist education through his graduate studies in Europe.

Foreign Patent Decisions and Harmonization: A View of the Presumption Against Giving Foreign Patent Decisions Preclusive Effect in United States Proceedings in Light of Patent Law International Harmonization, 18 J. Marshall Rev. Intell. Prop. L. 1 (2018)

John Marshall Review of Intellectual Property Law, 2018

See 35 U.S.C.A. § 282 (West 2012) (listing counterclaim of patent invalidity as a defense to a pa... more See 35 U.S.C.A. § 282 (West 2012) (listing counterclaim of patent invalidity as a defense to a patent infringement action); Devon Curtis Beane, Whose Right Is It Anyway?: The Evisceration of an 7 See discussion infra notes 60-93 and accompanying text. S See How to Get a Patent, USPTO.GOV, http://www.uspto.gov/web/patents/howtopat.htm (last visited March 19, 2018) (discussing in simple terms the requirements to obtain a patent); Devon Curtis Beane, Whose Right Is It An Evisceration of the Infringer's Seventh Amendment Right in Patent Litigation, 2011 U. ILL. L. REV. 1853, 1859 (2011) (explaining the patent process). 9 See 35 U.S.C.A. § 101-123 (West 2012) (detailing the requirements for obtaining a patent); see also How to Get a Patent, USPTO.GOV, http://www.uspto.gov/web/patents/howtopat.htm (last visited March 19, 2018) (discussing in simple terms the requirements to obtain a patent). 10 See Gene Quinn, The Cost of Obtaining a Patent in the US, IP WATCHDOG (April 4, 2015) http://www.ipwatchdog.com/2015/04/04/the-cost-of-obtaining-a-patent-in-the-us/id=56485/ (discussing the intricacies and difficulties in obtaining a patent).

Maternity Rights in Mexico: With References to the Spanish and American Codes

PSN: Labor (Topic), 2004

Mexico, the United States, and Spain approach maternity rights and benefits from differing perspe... more Mexico, the United States, and Spain approach maternity rights and benefits from differing perspectives within diverse legal frameworks. Maternity and pregnancy deserve legal protection in the workplace by virtue of their vital role to society. Women worldwide share a concern for maternity rights and benefits, but countries approach legal rights related to motherhood and pregnancy from differing perspectives. The laws in Mexico and Spain regarding maternity share many similarities, including protecting not only the mother and fetus, but also the infant and father. In contrast, the laws in the United States solely protect the mother and unborn fetus. The laws in the United States dealing with maternity tend to be more general than their Mexican and Spanish counterparts. The key to this difference lies in the foundation and rationale on which each legal regime is based. While Mexican and Spanish maternity rights are grounded in the unique circumstances of childbearing, the laws of the...

Canon 1095 and the Dignitas Connubii: The Role of Consent, Incapacity, and Psychic Anomalies in Cases of Matrimonial Nullity

Ateneo Law Journal, 2014

A special note of appreciation is due to Monsignor Juan Jos& Garcia Failde for his express permis... more

The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature

The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature* The Law of the ... more The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature* The Law of the Church in the Nullity of Marriage due to Causes of Psychic Nature Introduction.-I. The principles of marriage, matrimonial consent and nullity of marriage in Canon Law.-II. The ordinary process of a declaration of nullity of marriage. The enhancement to the Code of Canon Law by the Instruction Dignitas connubii.-1. Summary of the principal functions of the Dignitas connubii.-2. Connections of Dignitas connubii to can. 1095 of the Code.-Ill. Recent Rotal Jurisprudence and the Dignitas connubii.-1. Doctrine and case law.a. Grave defect of discretion of judgment.-b. Incapacity to assume the essential obligations of marriage.-2. Recent Rota! Jurisprudence.-a. Lack of discretion of judgment.-b. Incapacity to assume the essential obligations.-Conclusion. 2 Aristotle argued that, in order to understand an object, especially changes that the object might undergo, one has to understand its four causes. According to Aristotle, the efficient cause of an object is "the source of the first begjnning of change or rest" (ARISTOTLE, Metaphysics, book 5, section 1013a, trans. H. Tredennick, London 1989).

Las marcas en el Tratado de Libre Comercio de América del Norte

Boletín Mexicano de Derecho Comparado, 2003

Numero 107 Mayo - Agosto 2003 Nueva Serie Ano XXXVI ISSN 0041 8633 LAS MARCAS EN EL TRATADO DE LI... more Numero 107 Mayo - Agosto 2003 Nueva Serie Ano XXXVI ISSN 0041 8633 LAS MARCAS EN EL TRATADO DE LIBRE COMERCIO DE AMERICA DEL NORTE * Roberto ROSAS RODRIGUEZ ** In this essay the author analyzes the regulation of trade-marks in the NAFTA, and its influence on Mexico"s legislation on that matter. In the fist part, the author explains in general terms the content of the NAFTA, and afterwards he refers to the ru-les of Chapter XVII on industrial property. Moreover, he explains the protection derived from this Agreement in connection with trade-marks and later he refers to the normative framework of trade-marks in Mexico, which is a result both of legislation and internatio-nal treaties. Finally, he makes a comparison between the Spanish Law on Trade-marks of 2001, the rules of NAFTA and Mexico"s Law on Industrial Property . Descriptors : trade-marks, industrial pro-perty, international treaties . * Con referencias a la nueva Ley de Marcas de Espana (Ley 17/2001, de 7 de diciem...

A Comparative Study of Trademarks: USMCA (U.S.-Mexico-Canada Agreement) and NAFTA (North American Free Trade Agreement)

The definition of a trademark has expanded under the U.S.-Mexico-Canada Agreement ("USMCA "'), wh... more The definition of a trademark has expanded under the U.S.-Mexico-Canada Agreement ("USMCA "'), which provides more protection for rights holders. Currently, these three countries are bound by the North American Free Trade Agreement ("NAFTA"'), which has a narrow definition for trademarks. The North American Free Trade Agreement ("NAFTA"'), which came into effect on January 1, 1994, was a significant agreement between some of the largest, strongest, and well-developed economies in the world.: United States and Canada. It also helped to invigorate Mexico's future economic development. NAFTA's broad purpose was to regulate the exchange of capital, goods, and services across the participating countries. In regards to intellectual property specifically, NAFTA protected and enforced intellectual property rights for signatory countries and promoted innovation, economic growth, and supported job creation. Today, NAFTA 's success has led to negotiations for a new trade agreementthe USMCA. USMCA expands NAFTA 's narrow definition of trademarks and provides more protection for rights holders. This new agreement will sustain the trade relationship between the United States, Canada and Mexico, and continue to protect intellectual property rights between the signatory countries. This Article will demonstrate the significant changes from NAFTA to USMCA with respect to trademarks. First, the agreement now includes protections for intangibles, such as sounds and scents. Second, trademark owners have the exclusive right to prevent third parties from using the same or similar marks that would lead to confusion. Third, "well-known" trademarks are accorded special protection against third parties' trademarks, even if they are not quite identical. Fourth, trademarks must be classified in accordance with the Nice Agreement Concerning International Classification of Goods and Services for the Purpose of the Registration of Marks ("Nice

The Ecclesiastical Tribunals Field Hospital for Wounded Marriages The New Matrimonial Processes Brevoir

Seattle Journal for Social Justice, 2018

Bunge for his text, El Nuevo Proceso Matrimonial de Nulidad Matrimonial. His material was invalua... more

Trademarks Under the North American Free Trade Agreement (NAFTA), with References to the Current Mexican Law

Marquette Intellectual Property Law Review, 2014

Alumni Association. He received his J.D. from the Universidad de Guadalajara in Mexico where he a... more Alumni Association. He received his J.D. from the Universidad de Guadalajara in Mexico where he also previously obtained the degree of Electrical Mechanic Engineer. Postgraduate studies: Harvard Graduate School of Business, University of Massachusetts at Amherst, and Oxford Center for Management Studies. Prof. Rosas also studied graduate courses on comparative law of Mexico and the United States as well as canon law. He is a Doctor of Juridical Science (J.S.D.) at the Universidad Europea de Madrid. He has also been a professor of law at the Universidad de Guadalajara from which he graduated at the top of his class. Prof. Rosas is the author of numerous law review articles published in countries of the

Un enfoque comparativo sobre la formación de los contratos electrónicos

Revista De La Contratacion Electronica, 2004

SUMARlO. I. lntroducci6n. II. Ambito de aplicaci6n. Ill. Auto nomla de las partes (exclusiones, e... more SUMARlO. I. lntroducci6n. II. Ambito de aplicaci6n. Ill. Auto nomla de las partes (exclusiones, excepciones y modificacio nes). IV. Fonnaci6n del contrato electr6nico. 1. Oferta. 2. Acep taci6n. 3. Perfeccionamiento. V. Elementos adiclonales o diferentes del contrato. VI. Fonna y probatoria del contrato. VII. Contraprestaci6n. VIII. Conclusiones. IX. Cuadros resu men. I. lntroducci6n El entendimiento de los principios basicos que regulan la fonnaci6n de contratos es de suma importancia cuando se trata de averiguar la manera mas apropiada de celebrar un nuevo contrato o de evaluar la legalidad de un contra to ya existente. Mientras que las normas basicas de la formaci6n de contratos generalmenle son aplicables a lodo tipo de conlralos, independientemente de la forma en que se realicen, existen algunas normas juridicas que se aplican especificamenle a los contratos celebrados electr6nicamente. Los principios fundamentales de la formaci6n de contratos en el Oere cho estadounidense pueden encontrarse en el Uniform Comercial Code (Codi-RCE num. 50-2004 pags. 3-42 4 RCE num. 50-2004 17 • 12 Cir. ROSSET, A. La regulaci6n legislaliva def comercio electr6nico: una perspectiva norteamericana. Madrid 2000, p. 26 y ss. ,, Id.

Comparative Study of the Formation of Electronic Contracts in American Law with References to International and Mexican Law

Houston Journal of International Law, Sep 22, 2003

Rosas received his law degree from the Universidad de Guadalajara in Mexico where he previously o... more Rosas received his law degree from the Universidad de Guadalajara in Mexico where he previously obtained the degree of Electrical Mechanic Engineer. Prof. Rosas's postgraduate studies include Harvard Graduate School of Business, University of Massachusetts at Amherst, and Oxford Centre for Management Studies. He also studied graduate courses on comparative law of Mexico and the United States as well as canon law. He is a doctorando of law at the Universidad Europea de Madrid. He has also been a professor of law at the Universidad de Guadalajara, from which he graduated at the top of his class. He worked at various law firms in Guadalajara and later established a solo practice. Prof. Rosas has spoken at several conferences in Mexico, Spain, and the United States and is the author of numerous essays on the laws of those countries. He was recently elected director of the Commission on Legal affairs for the Advisory Council of the Institute of Mexican Living Abroad where his main role is advising the President of Mexico in the design and formulation of the policies concerning the Mexican communities in the United States. The author would like to thank Luis Manuel Ramírez Perches, a distinguished Mexican attorney, for his valuable contribution on Mexican legislation to this document. The author would also like to thank San Antonio attorney Héctor Cavazos for his valuable research. Thanks to Ignacio Gonzales for his assistance.