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Articles 1 - 30 of 49
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Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung
Supporting The Snakeheads: Human Smuggling From China And The 1996 Amendment To The U.S. Statutory Definition Of Refugee, Cleo J. Kung
Journal of Criminal Law and Criminology
No abstract provided.
Public Law 280 And The Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made Into A Right, Daniel Twetten
Public Law 280 And The Indian Gaming Regulatory Act: Could Two Wrongs Ever Be Made Into A Right, Daniel Twetten
Journal of Criminal Law and Criminology
No abstract provided.
Constitutional Road Maps, Erik Luna
Constitutional Road Maps, Erik Luna
Journal of Criminal Law and Criminology
No abstract provided.
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Foreward: Mergers, Market Access And The Millennium, Eleanor M. Fox
Northwestern Journal of International Law & Business
The symposium issue is a nice microcosm of the competition law issues facing the world. It presents the tensions between national control and world integration. It presents the twin, conflicting impulses to eschew internationalization, hoping to do well enough by deepened positive comity (Waller), and to embrace internationalization at least cautiously to address concerns where unharnessed operation of national interests obstructs efficient solutions and where internationalization is most likely to sidestep the political landmines (Fiebig).
Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang
Investing In China's Telecommunications Market: Reflections On The Rule Of Law And Foreign Investment In China, Leontine D. Chuang
Northwestern Journal of International Law & Business
The lack of clarity in China's investment laws has translated into an investment environment that is often uncertain, risky, and mired in red tape. In fact, there have been cases where foreign corporations have invested in joint ventures following what they thought to be all the requisite guidelines, only to find out after the money had exchanged hands that something was terribly wrong with the entire agreement. A perfect example of this is the birth, development, and eventual demise of the ill-fated China-China-Foreign (hereinafter "CCF") investment vehicles used for investment in China's telecommunications industry in the past few years. This …
Development Of North Korea's Legal Regime Governing Foreign Business Cooperation: A Revisit Under The New Socialist Constitution Of 1998 , Eric Yong-Joong Lee
Development Of North Korea's Legal Regime Governing Foreign Business Cooperation: A Revisit Under The New Socialist Constitution Of 1998 , Eric Yong-Joong Lee
Northwestern Journal of International Law & Business
A primary purpose of this article is to examine the formation of North Korea's legal regime governing foreign business cooperation and its evolution in the post-Kim Il Sung era. Since initiating its open-door policy in the early 1990s, North Korea has developed the legal framework for external economic cooperation. The Law of the Democratic People's Republic of Korea ("DPRK") on Foreign Investment of 1992 and its 1999 revision has especially represented North Korea's legal and policy direction towards inducing foreign capital investment, as well as establishing a legal basis for the following laws and regulations in this field. The main …
Russia's Intactable Economic Problems And The Next Steps In Legal Reform: Bankruptcy And The Depoliticization Of Business , William P. Kratzke
Russia's Intactable Economic Problems And The Next Steps In Legal Reform: Bankruptcy And The Depoliticization Of Business , William P. Kratzke
Northwestern Journal of International Law & Business
Law reform in Russia proceeds on many fronts. This paper takes the position that the most important legal reforms for Russia are those that eliminate the reward system that encourages economic activity that can be highly inefficient. These legal reforms are an effective bankruptcy law and the de-politicization of business. The two go hand-in-hand. It is the politicization of business that renders Russia's bankruptcy laws ineffective by making non-viable business entities .appear to be solvent. These two reforms, were they adequately implemented, would eliminate rewards for inefficiency. Only when the Russian government-and its people-have removed this reward system can conditions …
Shedding Light On Article 1110 Of The North American Free Trade Agreement(Nafta)Concerning Expropriations: An Environmental Case Study, Jason L. Gudofsky
Shedding Light On Article 1110 Of The North American Free Trade Agreement(Nafta)Concerning Expropriations: An Environmental Case Study, Jason L. Gudofsky
Northwestern Journal of International Law & Business
By focusing on the provision of Chapter 11 that has elicited the most fervent debate, namely Article 1110 concerning expropriations, this paper attempts to pick through the verbiage regarding, and shed light on, the meaning of Article 1110. To illustrate the discussion, the acquisition of MacMillan Bloedel Limited ("MB"), the then largest forest company in Canada, by Weyerhaeuser Company ("Weyerhaeuser") on November 1, 1999 to create a major global forest company (the "MB Acquisition") is examined.
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt
Transparent Adjudication And Social Science Research In Constitutional Criminal Procedure, Tracey L. Meares, Bernard E. Harcourt
Journal of Criminal Law and Criminology
No abstract provided.
My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler
My Brother, My Witness Against Me: The Constitutionality Of The Against Penal Interest Hearsay Exception In Confrontation Clause Analysis, Sarah D. Heisler
Journal of Criminal Law and Criminology
No abstract provided.
Don't Accept Rides From Strangers: The Supreme Court Hastens The Demise Of Passenger Privacy In American Automobiles, Daniel J. Hewitt
Don't Accept Rides From Strangers: The Supreme Court Hastens The Demise Of Passenger Privacy In American Automobiles, Daniel J. Hewitt
Journal of Criminal Law and Criminology
No abstract provided.
The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat
The Automobile Exception Swallows The Rule: Florida V. White, Kendra Hillman Chilcoat
Journal of Criminal Law and Criminology
No abstract provided.
Stretching Venue Beyond Constitutional Recognition, Todd Lloyd
Stretching Venue Beyond Constitutional Recognition, Todd Lloyd
Journal of Criminal Law and Criminology
No abstract provided.
No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast
No Instructions Required: Due Process And Post-Deprivation Remedies For Property Seized In Criminal Investigations, Nyika Prendergast
Journal of Criminal Law and Criminology
No abstract provided.
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond--Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley
Journal of Criminal Law and Criminology
No abstract provided.
Gang Loitering And Race, Lawrence Rosenthal
Gang Loitering And Race, Lawrence Rosenthal
Journal of Criminal Law and Criminology
No abstract provided.
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
On Equality, Bias Crimes, And Just Deserts, Kenneth W. Simons
Journal of Criminal Law and Criminology
No abstract provided.
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Train Wrecks And Freeway Crashes: An Argument For Fairness And Against Self Representation In The Criminal Justice System, Martin Sabelli, Stacey Leyton
Journal of Criminal Law and Criminology
No abstract provided.
Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein
Argentina And The Telecommunications Industry: The Difficult But Necessary Path Toward Liberalization, Vanessa P. Rubinstein
Northwestern Journal of International Law & Business
This article provides a synopsis of Argentina's telecommunications industry and examines the compelling reasons why Argentina must effectively liberalize the industry while eliminating its hidden protectionist policies. Part II presents a historical overview of the Argentina's telecommunications industry and analyzes Argentina's domestic laws requiring liberalization. Part III explores the main economic policy reasons for why liberalization of the Argentine telecommunications industry is essential. Part IV offers recommendations to better achieve effective development, liberalization and competition in the telecommunications industry. This article concludes that Argentina must completely liberalize its telecommunications industry for basic services, thereby abiding by its domestic legal commitments …
Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller
Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller
Northwestern Journal of International Law & Business
The vigorous and non-discriminatory enforcement of antitrust law can contribute to promoting an international marketplace characterized by an open competitive process. However, antitrust law is, at best, a supporting player in constructing a liberal multilateral trading order, and is incapable of promoting any single country's exports. This article suggests a small, but important, role for United States antitrust law in promoting that competitive marketplace in conjunction with a developing wave of competition law around the globe.
A Role For The Wto In International Merger Control, Andre Fiebig
A Role For The Wto In International Merger Control, Andre Fiebig
Northwestern Journal of International Law & Business
Although this paper follows on those new proposals, and addresses many of the same problems, the international merger control regime proposed here fundamentally differs in its approach. Although there is certainly a beneficial role for an international institution in merger control, the current proposals are too ambitious. Instead of focussing on the allocation of cross-border transactions, this paper suggests that the focus should be on the cases which present no treat to competition, and yet are scrutinized by several different national competition law regulators. An international institution, probably within the framework of the World Trade Organization ("WTO"), should be created …
The Treatment Of Global Mergers: An Australian Perspective, S.G. Corones
The Treatment Of Global Mergers: An Australian Perspective, S.G. Corones
Northwestern Journal of International Law & Business
The purpose of this article is to examine some recent global mergers from an Australian perspective. The article begins by considering the administrative tribunal and Court structure in Australia, as well as the procedural, substantive. and remedial aspects of Australian laws regulating global mergers. It then considers the Merger Guidelines and their focus on the unilateral and co-ordinated post-merger effects that are likely to occur. The article examines a number of recent global mergers. including Coopers & Lybrand/Price Waterhouse, BAT/Rothmans, Pepsi Co/Smith's Snack Foods and Coca-Cola/Cadbury Schweppes, as well as their assessment by the ACCC. Finally, it considers some of …
Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay
Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay
Northwestern Journal of International Law & Business
As more and more U.S. companies engage in overseas operations, even the most routine merger or acquisition seems to have a transnational component which requires analysis and perhaps premerger notification under an increasing number of foreign "competition laws" (or what we call antitrust laws). An understanding of those competition rules has become an imperative for American lawyers.
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
Afterword: Antitrust And American Business Abroad Revisited, David J. Gerber
Northwestern Journal of International Law & Business
Kingman Brewster's exceptionally influential Antitrust and American Business Abroad (1958) came to symbolize an era in antitrust law and in the relationship of U.S. business to international economic activity. It gave conceptual contours to a fundamental problem that had been only dimly perceived before -- namely, the need to define the reach of U.S. antitrust law.' In a masterful and much expanded third edition of the book, Professor Spencer Waller marks the transition to a new, very different, and far more complex era in antitrust law and in its significance for international business. We have only begun to recognize and …
Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd
Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd
Northwestern Journal of International Law & Business
This comment begins by discussing the mail-order bride industry in the context of international human trafficking, focusing on traffic between the United States and the Philippines, and includes an overview of the current regulations that exist regarding this industry. It then gives an overview of the major criticisms of the mail-order bride industry, the international problems created by the practice of trafficking women as brides, and the failure of current regulations in the United States and the Philippines (or the lack thereof) to address these problems. Finally, this comment calls for international regulation that would begin to address these problems, …