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Back Matter

Syracuse Journal of International Law and Commerce

ANNUAL SYMPOSIUM ANNOUNCEMENT and Index

International Regulation Of Pharmaceuticals: A Who International Code Of Conduct For The Marketing Of Pharmaceuticals?

Syracuse Journal of International Law and Commerce

The international pharmaceutical trade is important to both exporting and importing countries. Exporting countries are concerned with maintaining and further expanding their foreign pharmaceutical markets.1 Importing countries, especially developing or less developed countries (LDC's),2 are concerned with the price and quality of drugs that they import.3 Poor and newly independent states that have no pharmaceutical industry of their own are the most vulnerable in the international pharmaceutical trade. They must rely on exports from the more developed nations. The likelihood of these LDC's importing drugs of unacceptable quality. is high6 because they usually buy at the lowest prices available and …

Recent Decisions, Jonathan F. Mack, Jesse T. Wilkins, Joseph A. Dijulio

Vanderbilt Journal of Transnational Law

Constitutional Law--Grandfather Clause in International Emergency Economic Powers Act Permits the President to Ban Travel to Cuba without Declaring an Emergency Regan v. Wald, 104 S. Ct. 3026 (1984)

Jurisdiction--Bank may not Assert Act of State Doctrine as Defense in Action on Certificate of Deposit Garcia v. Chase Manhattan Bank, N.A., 735 F.2d 645 (2d Cir. 1984).

Jurisdiction--Commercial Activity as Applied to the Foreign Sovereign Immunities Act and the Act of State Doctrine Braka v. Bancomer, S.A., 589 F. Supp. 1465 (S.D.N.Y. 1984)

Regulation Of Hostile Tender Offers: A Dissenting View And Recommended Reforms, Arthur J. Goldberg

Maryland Law Review

No abstract provided.

Takeovers And The 1983 Maryland Fair Price Legislation, L. P. Scriggins, David Clarke Jr.

Maryland Law Review

No abstract provided.

Dirks V. Sec - A Study In Cause And Effect, Bruce A. Hiler

Maryland Law Review

No abstract provided.

Letters Of Credit In East-West Trade: Soviet Reception Of Capitalist Custom, George M. Armstrong, Jr.

Vanderbilt Journal of Transnational Law

This Article examines the Soviet system for financing the purchase and sale of goods by a Soviet enterprise from a Western merchant. This Article is organized chronologically, commencing with the initial contact between a Western merchant and an FTO, the merchant's liaison with Soviet industrial enterprises.

The Article examines the role of the FTO in mediating relations between Soviet enterprises and their Western contracting partners. It then examines the procedures employed by the Bank for Foreign Trade to establish the credit, to handle the documentary transaction, and to determine whether to honor the seller's demand for payment. The Article finally …

The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan

Vanderbilt Journal of Transnational Law

The purpose of this Article is to examine the pitfalls of international arbitration on a broad scale. These pitfalls can be roughly grouped into two categories: (1) those endemic to the process of dispute resolution by a "private extra-judicial tribunal which derives its power from the agreement of the parties,"2 including difficulties unforeseen in the drafting of the agreement that add delay, complications, and expense to the proceedings; and (2) those related to using the rules of a particular institution. Ideally, planning and skillful drafting can eliminate both types of pitfalls and preserve the advantages of arbitration over other available …

The European Community, The United States, And Ireland: An Intermesh Of Statutory Provisions, Finbarr Murphy

Vanderbilt Journal of Transnational Law

This Article will outline the effects that Ireland's membership in the European Community has had on direct investment by United States corporations in Ireland. The Article begins with a survey of the diplomatic, commercial, and economic links between the United States and Ireland, and then examines the relationship between the United States and the European Community. The third section reviews the legal and constitutional aspects of Irish membership in the European Community and outlines the new legal and economic order of which Ireland has become a member. Last, the Article examines the effect that Ireland's membership in the European Community …

Irish Tax Law And The Foreign Investor, Conor Crowley, Paul Mcgowan

Vanderbilt Journal of Transnational Law

For over twenty-five years, successive Irish Governments have actively sought and encouraged foreign investment in Ireland. With the exception of the insurance industry, Irish statutes grant foreigners the same rights as citizens of Ireland to establish whatever type of business they desire. A minimum native Irish interest in any business is required only for the issue or transfer of shares to, or the establishment of, a business branch operation by nonresidents. Although these transactions require Exchange Control approval, that approval is usually a formality for investments expected to bring an economic benefit to Ireland.

Kentucky Law Survey: Commercial Law, Richard H. Nowka

Kentucky Law Journal

No abstract provided.

Modernizing Kentucky's Uniform Commercial Code, Harold R. Weinberg, Louise Everett Graham, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

Pleading Securities Fraud, Richard G. Himelrick

Maryland Law Review

No abstract provided.

Some Thoughts On Regulation Of Tender Offers , Marc I. Steinberg

Maryland Law Review

No abstract provided.

The Priority Secured Party/Subordinate Lien Creditor Conflict: Is "Lien-Two" Out In The Cold?, David Frisch

Buffalo Law Review

No abstract provided.

State Taxation Of Foreign Source Income Through Worldwide Combined Reporting, Thomas C. Pearson

Vanderbilt Journal of Transnational Law

The primary alternative to worldwide combined reporting is the method used by the United States Government--the arm's length method of taxing foreign source income. Following the explanation of the arm's length method, this Note will outline briefly the due process and commerce clause limitations on a state's jurisdiction to tax and will describe the methods states have chosen to apportion the business income of a unitary business in order to comply with the commerce clause. The impact of worldwide combined reporting depends upon the apportionment formula adopted by the state and the state's definition of the terms "unitary business" and …

Special Project -- Legal Issues Arising From The Mexican Economic Crisis, Robert L. Morgan -- Special Projects Editor, J. Robert Paulson, Jr., Fred A. Frost, Terrence L. Dugan, Cynthia L. Wells, G. Wilson Horde, Iii, Judith B. Anderson

Vanderbilt Journal of Transnational Law

The economic crisis in Mexico, which profoundly altered the financial and political course of that nation, has also had a significant impact on persons and corporations having business ties to Mexico. Foreign investors and businesses now are required to follow new Mexican rules that often differ dramatically from those previously in effect. The impact of the crisis has not been confined to changes in Mexican law. A substantial number of issues have arisen that will have significant bearing on United States and international law.

The Special Project discusses the changes in the legal environment following the crisis, with its focus …

Book Review: The Winding-Up Of Insolvent Companies In England And France, Keith M. Lundin

Vanderbilt Journal of Transnational Law

Livadas provides an especially adept analysis and comparison of the treatment of employees of insolvent companies in the two countries. The author convincingly demonstrates that a French "liquidation des biens" protects employee wages, benefits, and claims more extensively than an English winding-up proceeding. The French requirement of compulsory insurance to protect the wages of employees and the special privilege afforded employees against the immovable assets of a French company are without analogy in English winding-up law. Livadas punctuates the chapters on the liabilities of officers and directors, which are generally more strict in France than in England, and the priorities …

Commercial Law, Linda Rae Artimez

West Virginia Law Review

No abstract provided.

Constitutional Limitations On State Taxation Of Corporate Income From Multinational Corporations, Paul J. Hartman

Vanderbilt Law Review

This Article explores the Supreme Court's treatment, leading up to and including the Container decision, of state taxation of corporate income from multinational operations. Part II highlights the Court's development, prior to 1982, of the basic principles of federal limitations on the states' taxing powers that guided its decision in Container. Part III takes a more detailed look at two 1982 Supreme Court cases, ASARCO, Inc. v. Idaho State Tax Commission and F.W. Woolworth Co. v. Taxation and Revenue Department, in which the states suffered a setback in their efforts to extend the reach of their taxing powers over income …

Restricted Distribution At The Ftc: Rule Of Reason Or Reign Of Chaos, 17 J. Marshall L. Rev. 309 (1984), Seth E. Lipner

UIC Law Review

No abstract provided.

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part I, David G. Carlson, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Is The Gulf Of Taranto An Historic Bay?, Natalino Ronzitti

Syracuse Journal of International Law and Commerce

This article examines the question of whether the Gulf of Taranto in Italy is an historic bay.

Book Reviews

Syracuse Journal of International Law and Commerce

Book review of LOYALTIES by Daniel Patrick Moynihan. San Diego: Harcourt Brace Jovanich (1984) and book review of CULTURES IN COLLISION-A CANADIAN-U.S. CONFERENCE ON COMMUNICATIONS POLICY. Foreward by Goodwin Cooke. New York: Praeger, 1984.

The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day

Syracuse Journal of International Law and Commerce

This article analyzes the 1984 UK-PRC agreement which returned Hong Kong to China, and argues that this unique experiment, involving fundamentally dissimilar societies, will permit Hong Kong to flourish and that the PRC must respect the terms of the agreement for sound economic, political, and diplomatic reasons.

International Law & International Order, Daniel Patrick Moynihan

Syracuse Journal of International Law and Commerce

It is just a quarter-century since I first came to Syracuse University to teach at the Maxwell School. Sobered by the discovery that elections can be lost as well as won, I settled down and promptly finished my doctoral dissertation in the field of international law and organization. In time, along with Harlan Cleveland, then Dean at Maxwell, I left to join the Kennedy Administration. He became Assistant Secretary of State for International Affairs and, generous as always, he saw to it that I had a small hand in such matters, beginning an involvement that has been more or less …

Book Review: Japanese Business Law And The Legal System By Elliot J. Hahn. Westport, Connecticut: Quorum Books (1984)., Brigitte Herzog

Syracuse Journal of International Law and Commerce

This review offers the reviewer's perception of the strengths and shortcomings of Eliot J. Hahn's book, Japanese Business Law and the Legal System.

Historic Bays Of The Mediterranean: A Conference Sponsored By Syracuse University And The University Of Pisa, Goodwin Cooke

Syracuse Journal of International Law and Commerce

On every continent, and since time practically immemorial, nation states have invoked the phrase "historic bays" to assert sovereignty over waters which would otherwise be part of the high seas. This foreword introduces the issues raised in regard to historic bays at a conference held in New York City, October 12-13, 1984.

The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman

Syracuse Journal of International Law and Commerce

The author examines the issue of coastal indentations in relation to the international law of the sea and argues that Professor Natalino Ronzitti has erroneously concluded that the Gulf of Taranto is an historic bay.

Foreign Sales Corporations: A New Form Of Tax Relief For Exporters, Stanley J. Marcuss, Kathryn Hoff-Patrinos

Syracuse Journal of International Law and Commerce

This article compares the U.S. export incentives, the Domestic International Sales Corporation (DISC) and the newer Foreign Sales Corporation (FSC), and concludes that the complexities of the FSC will make achieving the objective of reducing the tax on imports a challenge to lawyers and accountants alike.