Law Commons^™

Laker Airways: Recognizing The Need For A United States-United Kingdom Antitrust Treaty, Mark P. Barbolak

Penn State International Law Review

This article analyzes the conflict between the United States and the United Kingdom regarding the extraterritorial application of American antitrust laws. It begins by presenting a history of the dispute and then describes how that dispute culminated in a judicial battle in the Laker Airways litigation.

The article recognizes, however, that the question of extraterritorial application of United States antitrust laws is too political in nature to be determined in the judicial arena. Indeed, recent attempts by United States courts to balance United States and foreign interests have done nothing to assuage Britain's aversion toward American antitrust laws. This article …

Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.

Penn State International Law Review

This Article is the Commencement Address given to the Class of 1985 at Dickinson Law School.

Causation Under The Escape Clause: The Case For Retaining The "Substantial Clause" Standard, Kevin C. Kennedy

Penn State International Law Review

This Article will begin by briefly discussing the history of section 201 of the Trade Act of 1974. It will then examine the "substantial cause" standard and analyze a recent proposal by Congress to relax that standard.

After Tel-Oren: Should Federal Courts Infer A Cause Of Action Under The Alien Tort Claims Act, Gregory A. Gross

Penn State International Law Review

This Comment, consisting of three main parts, examines the cause of action issue that arose in Tel-Oren v. Libyan Arab Republic and places it in the context of the Alien Tort Claims Act's (ACTA) prior history. The first part focuses on the three instances in which a federal court has used the statute to exercise jurisdiction in an alien tort action. The second part examines the Tel-Oren case, centering on two of the three concurrences forming the District of Columbia Court of Appeals' decision. The third part suggests that proving a distinct cause of action embodied in the law of …

Internal Revenue Code Section 7701(B): A More Certain Definition Of Resident, Rolf E. Kroll

Penn State International Law Review

The purpose of this Note is four-fold. First, it seeks to articulate the central concepts underlying taxation of nonresidents and residents. In so doing, the discussion endeavors to show the importance of section 7701(b) of the Internal Revenue Code. Second, it attempts to cancas the case law and pertinent regulations and rulings and highlight the ambiguities therein. Third, the discussion will address the essential features of section 7701(b) and illustrate Congress' new approach to the problem of determining resident status for aliens. Finally, the policy implications of 7701(b) are examined and suggestions for further improvement are made.

Impact Of The United States International Trade Commission On Commercial Transactions, Italo H. Ablondi, Pamela A. Mccarthy

Penn State International Law Review

The impact of the decisions and actions of the United States International Trade Commission (ITC) upon international commercial transactions is not only far-reaching but also triggers an enormously varied response.

The Multinational's Dilemma: The Ibm Proceeding In Europe, William F. Colby Jr.

Penn State International Law Review

This Comment will discuss the extraterritorial application of antitrust legislation in general and the international conflicts produced thereby.

A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy

Penn State International Law Review

In 1980 Congress enacted the Customs Courts Act of 1980, a law designed to "improve the Federal judicial machinery by clarifying and revising certain provisions of title 28, United States Code, relating to the judiciary and judicial review of international trade matters." Among the revisions enacted was the enlargement of the jurisdiction of the United States Customs Court, renamed the United States Court of International Trade ("CIT") over most actions involving import transactions into the United States. Born out of a legislative concern that litigants were bring frustrated in their attempts to obtain judicial review, the Customs Courts Act of …

The Shipping Act Of 1984: Bringing The United States In Harmony With International Shipping Practices, Martha L. Cecil

Penn State International Law Review

To place the Shipping Act of 1984 in context, this Comment begins by outlining the development of ocean liner conferences and the economics of liner operations. It then describes the changes in case law that increased foreign carriers' exposure to antitrust liability and caused foreign governments to enact retaliatory blocking statutes in an effort to protect their nationals from the extraterritorial application of United States laws. The major portion of the Comment then analyzes the Shipping Act of 1984 and compares the provisions that are responsive to international shipping practices with those that remain in conflict with generally accepted shipping …

Volume 3 - Number 2: Table Of Contents

Penn State International Law Review

No abstract provided.

Volume 4 - Number 1: Table Of Contents

Penn State International Law Review

No abstract provided.

Nicaragua V. United States: The Power Of The International Court Of Justice To Indicate Interim Measures In Political Disputes, Noreen M. Tama

Penn State International Law Review

This comment will examine international case history on the question of the Court's power to indicate interim measures of protection with substantive jurisdiction is contested by a party to the proceedings. The discussion will also address what role, of any, the political realities of international legal disputes should play in the Court's decision to adjudicate matters brought before it.

Collective Security Treaties And The Ability Of Allies To Limit The Movement Of United States' Military Forces - New Zealand's Nuclear Ban, Ricky K. Jones

Penn State International Law Review

Using the ANZUS Treaty as an example, this comment will determine the extent of a state's ability to limit the movements of the military forces of an ally in the face of a collective security agreement that appears to contemplate the mobilization of military forces in preparation for the exercise of the defensive rights of both the state and the ally. The comment will begin by giving some background on the general nature of collective security treaties. It will also describe the events that led up to the signing of the ANZUS Treaty. In the next section the rules of …

The Continuing Development Of United States Policy Concerning The International Movement Of Cultural Property, Lawrence J. Persick

Penn State International Law Review

This comment will look first at why the illicit traffic of cultural property is an area of controversy and describe what competing interests are involved. Next, the actions that have been taken both on the international level and unilaterally by the United States to counter and possibly solve the problem will be examined. Finally, the still developing policy of the United States will be reviewed and evaluated.