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Abstract:
This paper seeks to build upon earlier works analyzing U.S. federal and state legislation that conflict with the United States' obligations under international agreements. Several of these earlier works conclude that such conflicting legislation violates the Constitution on a variety of grounds, and is therefore legally invalid.

The findings of this paper both validate and undermine the results of these earlier works, as an analysis of the relationship between state laws, federal laws, and international agreements reveal many areas of legal uncertainty and ambiguity.

This paper is divided into six parts. First, it details the emergence and effect of offshoring of professional services on the U.S. economy. Second, it explores the economic and public policy concerns surrounding offshoring. Third, it addresses federal and state government responses to offshoring. Fourth, it examines the constitutional implications of state offshoring restrictions against government contracts and private entities. Fifth, it focuses on federal legislation against offshoring, and potential conflicts with international agreements. Finally, it concludes with an assessment of the effectiveness of trade dispute settlement mechanisms for services.

offshore, offshoring, international agreements

Abstract:
In the current global marketplace, liberalization of trade in professional services (“services”) presents one of the biggest challenges and profitable opportunities for the international community. Changes in technology and state privatization polices over the past half century have made services the fastest growing sector in international trade. Despite such a transformation, the potential for further innovation and expansion in the services industries is in jeopardy. In response to public policy and regulatory concerns and political pressures to protect domestic jobs and industries, states have adopted a plethora of state-initiated discriminatory and restrictive policies against trade in services. Because existing international legal mechanisms are ill-equipped to resolve these issues, this paper proposes the formation of a unified international legal structure for services as a solution. In advancing this proposal, this paper examines the evolution of United States federalism and its impact on trade liberalization among states and the European Community’s Trademark regime to demonstrate that a harmonized legal system is the optimal framework for responding to changes in the economy and technology - challenges similar to those currently faced by services trade liberalization.

harmonization of professional services trade, United States Federalism, supranational layer, international trade agreements, preferential trade agreements, World Trade Organization (WTO), North American Free Trade Agreement (NAFTA), European Community Trademark Regime, Intellectual Property, World I

Abstract:
The current health care crisis in the United States compels a consideration of the crucial role that telemedicine could play towards deploying a pragmatic solution. The nation faces rising costs and difficulties in access to and quality of medical services. Telemedicine can potentially help to overcome these challenges, as it can provide new cost-effective and efficient methods of delivering health care across geographic distances. The full benefits and future potential of telemedicine, however, are constrained by overlapping and often inconsistent and inadequate regulatory frameworks, as well as the repertoire of standards imposed by state governments and professional organizations. Proponents of these barriers claim that they are necessary to protect public health and safety, and that the U.S. Constitution gives states exclusive authority over health and safety concerns. This paper argues that such barriers not only fail to advance these public policy goals, but are unconstitutional when they restrict the practice of telemedicine across state and national borders. Furthermore, the interstate and international nature of telemedicine calls for the centralized authority of the federal government; this position is consistent with the U.S. Constitution and other governing principles. Finally, this paper observes that the U.S. experience has some similarities to that of other nations, and represents a microcosm of the international community’s need and struggle to develop a uniform telemedicine regime. Just as with state governments in the U.S., nations are no longer able to view health care as a traditional domestic concern and must consider nontraditional options to resolve the dilemmas of rising costs and discontent in the delivery of health care to their people.

telemedice, health care reform, 24 hour knowledge factory