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Grey Market Goods And Modern International Commerce: A Question Of Free Trade, Richard A. Fogel
Grey Market Goods And Modern International Commerce: A Question Of Free Trade, Richard A. Fogel
Fordham International Law Journal
This Note argues that the importance of trademark laws to the resolution of the grey goods controversy is outweighed by the overriding public policy considerations of international free trade. Part I discusses the background of the grey goods controversy by examining the history of the controlling statutory and case law and the recent grey goods cases. Part II demonstrates that trademark owners are not significantly injured by the availability of grey goods, but actually gain windfall profits if there is an absolute bar on grey goods. Part III argues that preventing importation of grey goods injures international free trade. This …
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Maxeiner, Policy And Methods In German And American Antitrust Law: A Comparative Study, W. David Braun
Fordham International Law Journal
This thoughtful contribution to American and German legal literature provides valuable insights for a reader interested in comparing the decisionmaking methodology under the West German and American systems of antitrust law. The work also provides a broader discussion of key distinctions between the jurisprudential and systematic foundations of West Germany’s continental legal system and those of the Anglo-American common law system.
Competition And Deregulation: Nouvelles Frontières For The Eec Air Transport Industry?, Jacqueline O. Licalzi
Competition And Deregulation: Nouvelles Frontières For The Eec Air Transport Industry?, Jacqueline O. Licalzi
Fordham International Law Journal
This comment argues that a coherent approach to the liberalization of air transport in the EEC is desirable; however, despite the impetus of Nouvelles Frontieŕes, liberalization is unlikely in the near future. Part I analyzes the Nouvelles Frontieŕes decision in the context of the international regulatory framework in which EEC air transport functions. Part II evaluates EEC proposals that seek to bring about fairer prices and improved market entry, and concludes that such proposals would not significantly alter the present system. Part III offers proposals that strike a balance between free competition and government intervention, in the interest of liberalizing …
Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens
Carl, Economic Integration Among Developing Nations: Law And Policy, Richard A. Givens
Fordham International Law Journal
It is this integration—the reduction in trade barriers between countries—that is explored in Beverly May Carl’s Economic Integration Among Developing Nations: Law and Policy. Professor Carl focuses on regional common market associations of developing nations, their benefits as well as their difficulties, and their utility as a means of reducing trade barriers and dependence on imports by member nations from industrialized nations. Integration thus can be a tool for development, as the Commerce Clause of the Federal Constitution was for the nascent United States of America and still is today.
Remarks On Advocacy Before The United States Court Of International Trade, Jane A. Restani
Remarks On Advocacy Before The United States Court Of International Trade, Jane A. Restani
Fordham International Law Journal
There seems to be a prevailing assumption that advocacy before the United States Court of International Trade (CIT or the court) somehow differs from advocacy in general. I suggest that to a large degree it does not. Despite the similarities to practice in other courts, there are a few matters worth noting about practice in a court that is designed to interpret a few statutes in a uniform manner, especially statutes that are intended to be comprehensive. Now that I have stated the general rules, I would like to mention a few somewhat more philosophical considerations and exceptions.
Antitrust And Trade Policy In The United States And The European Community, David G. Gill
Antitrust And Trade Policy In The United States And The European Community, David G. Gill
Fordham International Law Journal
This review states that this volume presents the contributions of four specialists in the field and goes on to state how the volume is divided almost equally between the analysis of United States law and decisions and of the application of anti-trust principles within the European Community.