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Articles 1 - 18 of 18
Full-Text Articles in Law
An Antitrust Analysis Of Sports League Contracts With Cable Networks, Stephen F. Ross
An Antitrust Analysis Of Sports League Contracts With Cable Networks, Stephen F. Ross
Journal Articles
This Article discusses the proper antitrust treatment of package sales to cable. Part I considers whether the antitrust laws apply at all to such sales; it concludes that section one of the Sherman Act does apply and that neither the Sports Broadcasting Act of 1961 not baseball's historic exemption from the antitrust laws prevents antitrust scrutiny of these contracts. Part II explains why cable package sales should be analyzed under a rule of reason test focused on the effect of a sale on fan viewership. Finally, Part III responds to several possible objections to the rule of reason standard proposed …
Arbitration And The U.S. Supreme Court: A Plea For Statutory Reform, Thomas E. Carbonneau
Arbitration And The U.S. Supreme Court: A Plea For Statutory Reform, Thomas E. Carbonneau
Journal Articles
This Article argues for stabilizing and preserving arbitration's necessary and valuable vocation in dispute resolution. It outlines the basic stages in the evolution of the American law of arbitration and studies the underlying motivation of each of its historical phases. It attributes vital significance to the legislative and decisional law developments that led to an early rehabilitation of arbitration in American law, beginning with the enactment of the United States Arbitration Act (FAA) in 1925 and continuing with the ratification of the New York Arbitration Convention and the elaboration of a "hospitable" federal caselaw. Eventually, these developments gave rise to …
Volume 8 - Number 2: Table Of Contents
Volume 8 - Number 2: Table Of Contents
Penn State International Law Review
No abstract provided.
Terrorism In National And International Law, Caleb M. Pilgrim
Terrorism In National And International Law, Caleb M. Pilgrim
Penn State International Law Review
Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …
Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns
Cites And The Regulation Of International Trade In Endangered Species Of Flora: A Critical Appraisal, William C. Burns
Penn State International Law Review
This article focuses on the effectiveness of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in preserving endangered species of flora. The overarching thesis will be that the Convention has contributed to the protection of flora, but several measures are still necessary to strengthen implementation of the treaty at the beginning of the next crucial,.decade. The analysis of this thesis will examine the importance of flora species as a global resource and examine the historical record, of CITES to effectively preserve endangered flora species. Finally, .this article proffers several proposals intended to enhance the …
The Jurisprudence Of Constitutional Law: The Philosophical Origins And Differences Between The Western Liberal And Soviet Communist State Law, Ziyad Motala
Penn State International Law Review
This article will examine the philosophical notions of a constitution and a state system from a historical perspective. It will highlight the different philosophical bases of state law and the purpose the constitution is meant to serve under the two divergent orders. The approach will be descriptive and comparative. The purpose of this work is not (in the words of Christopher Osakwe) to pass off a political opinion about the desirability of one or the other legal systems. Instead, the essential focus will be to examine the jurisprudence underlying the constitutional systems, and the different uses that constitutions perform in …
Small Automobiles Causing Large Air Pollution Problems On A Global Basis: The European Economic Community Can Learn And Live From United States Legislation, Christopher E. Mohney
Small Automobiles Causing Large Air Pollution Problems On A Global Basis: The European Economic Community Can Learn And Live From United States Legislation, Christopher E. Mohney
Penn State International Law Review
This Comment will first examine current United States policy, standards, and regulation of the emissions dispelled by moving vehicles. Second, an introduction to the European Economic Community (EEC) standard will be set forth, followed by a brief discussion on legislative harmonization within the EEC. An analysis of the existing policy for the regulation of vehicle emissions within the Community will also be presented. Finally, since the proposed integration of the EEC is a key step on the way to creation of a "United States of Europe," the United States and EEC policies will be comparatively examined.
The German Question Of Reunification: An Historical And Legal Analysis Of The Division Of Germany And The 1989 Reform Movement In The German Democratic Republic, John A. Zohlman Iii
The German Question Of Reunification: An Historical And Legal Analysis Of The Division Of Germany And The 1989 Reform Movement In The German Democratic Republic, John A. Zohlman Iii
Penn State International Law Review
This Comment will consider the prospects of a German reunification in the context of the current tide of events in Eastern Europe and its legal significance under international law. Section II will give a brief background of the origins and development of the two Germanies with an emphasis on the postwar era. Section III will analyze the political structure of the Federal Republic of Germany and its constitution, the Basic Law. Section IV will examine the origins and growth of the German Democratic Republic and the events leading to and occurring after the construction of the Berlin Wall. Section V …
Bartering With The Bolsheviks: A Guide To Countertrading With The Soviet Union, Marcie Marino
Bartering With The Bolsheviks: A Guide To Countertrading With The Soviet Union, Marcie Marino
Penn State International Law Review
This Comment will examine the decisions businesses must make in determining whether to enter into countertrade agreements with the Soviet Union. It will discuss typical countertrade contracts and what provisions a United States business should negotiate for. It will then discuss the relevant laws on countertrade in the United States and in the Soviet Union.
Measuring Up: Do The Palestinian Homelands Constitute A Valid State Under International Law?, James D. Howley
Measuring Up: Do The Palestinian Homelands Constitute A Valid State Under International Law?, James D. Howley
Penn State International Law Review
This Note concludes that the Palestinian Homelands possess the necessary qualifications for statehood. Furthermore, recognition is a declaratory act, unnecessary to bring a state into existence. In view of these facts, this Note asserts that the Palestinian Homelands constitute a state under international law.
The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie
The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie
Penn State International Law Review
This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …
The Right Of Civil Resistance Under International Law And The Domestic Necessity Defense, Matthew Lippman
The Right Of Civil Resistance Under International Law And The Domestic Necessity Defense, Matthew Lippman
Penn State International Law Review
The essay argues that the international community should recognize a right of nonviolent resistance for those engaged in limited, proportionate actions in defense of fundamental human rights. Such individuals are acting in the nature of private attorneys general who are vindicating the inherent and inalienable international human rights of all individuals in those instances in which the international community has been unwilling or unable to institute democratic reforms.
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Exemptions Of Contract Liability Under The 1980 United Nations Convention, Wanki Lee
Penn State International Law Review
This article will primarily discuss the United Nations Sales Convention. In interpreting the Convention, the central problem is to what extent Article 79 of the Convention will apply to the various cases. Does it apply only to cases of "force majeure" or "impossibility," i.e., cases in which there is a barrier that prevents performance or makes it impracticable? Or does it apply to cases of "frustration" or "imprévision," i.e., cases in which there is no barrier but the circumstances are radically changed because of a contingency contrary to the basic assumption on which the contract was made? Even if Article …
The Development Of International Law By The European Court Of Human Rights, By J.G. Merrills, Ranee K.L. Panjabi
The Development Of International Law By The European Court Of Human Rights, By J.G. Merrills, Ranee K.L. Panjabi
Penn State International Law Review
No abstract provided.
Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman
Berne-Ing The Soviet Copyright Codes: Will The U.S.S.R. Alter Its Copyright Laws To Comply With The Berne Convention?, William Scott Goldman
Penn State International Law Review
What changes need to be made in the Soviet copyright codes in order to bring them into compliance with the provisions of Berne? And is it likely that these changes will be accomplished in the near future? This comment will attempt to answer these questions. While these issues have already been addressed in regard to the United States, nothing similar has yet been attempted for the Soviet Union. In light of the U.S.S.R.'s announcement of its intent to accede to the Berne Convention, this analysis is now more timely than ever.
Italian And American Cooperative Efforts To Reduce Heroin Trafficking: A Role Model For The United States And Drug- Supplying Foreign Nations, Theresa M. Catino
Italian And American Cooperative Efforts To Reduce Heroin Trafficking: A Role Model For The United States And Drug- Supplying Foreign Nations, Theresa M. Catino
Penn State International Law Review
The purpose of this Comment is to examine the role of the Sicilian Mafia in transporting heroin to the United States as well as to evaluate the combined efforts of the American and Italian governments in their attempt to end the heroin problem. Section II will explore the background of the Mafia heroin shipments to the United States, including the Mafia's method of transporting heroin into America and the impact of trafficking such large amounts of heroin. Section III will examine the cooperative programs such as delegations and the bilateral treaty between Italy and the United States, and will evaluate …
Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt
Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt
Penn State International Law Review
This Comment will explore the remedies currently available to foreign countries and to individuals who have discovered that works stolen from them are in the possession of American museums, art dealers, and private individuals. It will also explain why, in light of the recent decision of Autocephalous v. Goldberg, civil sanctions are the best means to effect the return of stolen art as well as to help deter future buyers of stolen art, thus shrinking the stolen art market.
Volume 8 - Number 3: Table Of Contents
Volume 8 - Number 3: Table Of Contents
Penn State International Law Review
No abstract provided.