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Full-Text Articles in Law
Causation Under The Escape Clause: The Case For Retaining The "Substantial Clause" Standard, Kevin C. Kennedy
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.
Impact Of The United States International Trade Commission On Commercial Transactions, Italo H. Ablondi, Pamela A. Mccarthy
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.
A Proposal To Abolish The U.S. Court Of International Trade, Kevin C. Kennedy
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
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 …