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International Law

Fordham Law School

Journal

2009

Articles 1 - 3 of 3

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Revisiting The Sec's Memoranda Of Understanding: A Fresh Look, Eduard H. Cadmus Jan 2009

Revisiting The Sec's Memoranda Of Understanding: A Fresh Look, Eduard H. Cadmus

Fordham International Law Journal

In attempting to understand the effectiveness of the Security and Exchange Commission's ("SEC") Memoranda of Understanding ("MOU"), this Note proceeds in three parts. Part I examines the structure of the global marketplace and evaluates the prospects for cooperation. Part II looks at the U.S. court system's approach to extraterritorial jurisdiction and reviews some representative MOUs. Part III concludes that MOUs are primed for success as an information exchange framework, though an evaluation of their effectiveness should be carried out by the SEC or another body with access to confidential files obtained from foreign regulators.


Eu Competition Policy In The Financial Crisis: Extraordinary Measures, Michael Reynolds, Sarah Macrory, Michelle Chowdhury Jan 2009

Eu Competition Policy In The Financial Crisis: Extraordinary Measures, Michael Reynolds, Sarah Macrory, Michelle Chowdhury

Fordham International Law Journal

This Article reviews the framework of competition law in the European Union ("UN"), specifically in relation to state aid, mergers, and cartel enforcement. In each case it considers how the European Commission's ("Commission") response can and has adapted existing procedures to pressing circumstances while maintaining rigidity in the application of legal principles.


If At First You Don't Succeed: Vote, Vote Again: Analyzing The Second Referendum Phenomenon In Eu Treaty Change, Gráinne De Búrca Jan 2009

If At First You Don't Succeed: Vote, Vote Again: Analyzing The Second Referendum Phenomenon In Eu Treaty Change, Gráinne De Búrca

Fordham International Law Journal

The aim of this Essay is to probe the causes of the European Union's ("EU") second-referendum practice with a view to better understand what strikes many observers as a procedurally bizarre and democratically dubious exercise. It is not the intention of this Essay to offer any justification for the practice, but rather to explain the factors specific to the EU which have contributed to its recurrence.