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Full-Text Articles in Law
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.
Freedom Of Information Versus National Sovereignty: The Need For A New Global Forum For The Resolution Of Transborder Date Flow Problems, Lisa J. Damon
Fordham International Law Journal
This Note argues that the issues raised by transborder data flow restrictions must be dealt with on a global scale, not on a national basis. Part I of this Note discusses the international legal principles underlying the concept of freedom of information and the legal difficulties presented by the imposition of transborder data flow restrictions. Part II analyzes the perception among developing nations that sovereign rights are threatened by an unrestricted flow of information and discusses the measures developing nations are implementing to control this perceived threat. Part III analyzes several approaches suggested for dealing with the problems of transborder …
The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner
The Single European Act: Attempt At An Appraisal, Hans-Joachim Glaesner
Fordham International Law Journal
This Article analyzes whether the Act [the Single European Act] will aid European unification. Part I argues that a realistic and balanced assessment of its results is possible through a comparison of the final outcome of its negotiations with the Act’s original objectives, in light of the political realities of the Community. Part II briefly chronicles the recent history of European political operation. Part III discusses the effect of the Act on the power of the Community over the Member States. Part IV analyzes the decision making processes provided for by the Act.
Recent Canadian Blocking Legislation: A Vehicle To Foster Extraterritorial Discovery Cooperation Between The United States And Canada?, Catherine Botticelli
Recent Canadian Blocking Legislation: A Vehicle To Foster Extraterritorial Discovery Cooperation Between The United States And Canada?, Catherine Botticelli
Fordham International Law Journal
This Note argues that the adoption of FEMA should signal to the United States that there is a need for a formalized agreement with Canada to minimize future discovery conflicts in civil litigation. Part I analyzes the trend in the United States federal courts towards enforcement of extraterritorial discovery orders. Part II discusses the ineffectiveness of pre-existing Canadian blocking statutes in limiting United States discovery. Part III examines the underlying purposes of FEMA's enactment and argues that now is an appropriate time for the United States to enter into a civil discovery treaty with Canada.
Serving Subpoenas Abroad Pursuant To The Futures Trading Act Of 1986, Peter G. Mcgonagle
Serving Subpoenas Abroad Pursuant To The Futures Trading Act Of 1986, Peter G. Mcgonagle
Fordham International Law Journal
Part I examines the 1986 amendment's legislative history and explains how the new subpoena powers will operate. Part II analyzes the new subpoena powers with respect to current standards of extraterritorial discovery under international law. Finally, Part III proposes an appropriate approach to serving CFTC subpoenas abroad which will promote their enforceability while not affronting the sovereignty of foreign nations.
Importation Of Out-Of-Print Works Under The Copyright Act Of 1976, Paul D. Getzels
Importation Of Out-Of-Print Works Under The Copyright Act Of 1976, Paul D. Getzels
Fordham International Law Journal
This note argues that the Copyright Act should be changed to permit compensated importation where the underlying work is out of print in the United States. Part I discusses the relevant sections of the Copyright Act and their interpretation by the courts. Part II demonstrates that compensated importation should be allowed when a work is out of print in the United States. Part III proposes a solution into eh form of a compulsory license for out-of-print imports where the work has been out of print in the United States for a certain length of time. This note concludes that the …