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Articles 31 - 60 of 94
Full-Text Articles in Law
Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Comity And The International Application Of The Sherman Act: Encouraging The Courts To Enter The Political Arena, Steven A. Kadish
Northwestern Journal of International Law & Business
In this article, Mr. Kadish discusses the comity analysis of Timberlane Lumber Company v. Bank of America, and examines what it involves, what it accomplishes, whether it is justified, and whether there are preferable alternatives to it. He concludes that the Timberlane analysis should rejected, or at least limited becauses its use to determine United States' court jurisdiction is at best questionable, because it violates traditional abstention doctrine and current Supreme Court and Congressional treatment of foreigners' activities, because there may be insurmountable practical difficulties in applying the analysis, and because the analysis encourages courts to enter the political arena.
Shootings Of And By Chicago Police: Uncommon Crises--Part Ii: Shootings Of Police, Shooting Correlates And Control Strategies, William A. Geller, Kevin J. Karales
Shootings Of And By Chicago Police: Uncommon Crises--Part Ii: Shootings Of Police, Shooting Correlates And Control Strategies, William A. Geller, Kevin J. Karales
Journal of Criminal Law and Criminology
No abstract provided.
The Criminal Law As A Threat System, Ernest Van Den Haag
The Criminal Law As A Threat System, Ernest Van Den Haag
Journal of Criminal Law and Criminology
No abstract provided.
Sixth Amendment--The Demise Of The Doctrine Of Implied Juror Bias, Sharon R. Gromer
Sixth Amendment--The Demise Of The Doctrine Of Implied Juror Bias, Sharon R. Gromer
Journal of Criminal Law and Criminology
No abstract provided.
Habeas Corpus--Limiting The Availability Of Habeas Corpus After A Procedural Default, Thomas J. Bamonte
Habeas Corpus--Limiting The Availability Of Habeas Corpus After A Procedural Default, Thomas J. Bamonte
Journal of Criminal Law and Criminology
No abstract provided.
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Transborder Data Flow: Separating The Privacy Interests Of Individuals And Corporations, Garry S. Grossman
Northwestern Journal of International Law & Business
The merger of computer and communications technologies in the past two decades has revolutionized information processing throughout the world. The most recent telecommunications advances possible direct international transfers of sensitive personal data via computer-satellite links. Computerized data bases containing commercial information identifying citizens of one country are now routinely transferred to and stored in another, often without the knowledge of the individuals identified in the data. Numerous European countries have enacted data protection legislation with the avowed intent to protect their citizens from the improper use of personal information that is transferred extranationally. These data protection laws prohibit the export …
Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt
Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt
Northwestern Journal of International Law & Business
Dumping generally brings lower prices to the consumers of the importing country, the benefit of which is dispersed throughout the economy unless it is outweighed by genuine injury to a domestic industry. The essential element in the regulation of dumping is, therefore, the problem of determining when injury is sufficient to justify remedial action. In the United States, and in many other countries, the standard for such determination have evolved from the notion that dumping is an example of price discrimination between countries. If a higher price in the exporting country can be traced to monopolistic control over the domestic …
Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann
Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann
Northwestern Journal of International Law & Business
In this article the authors analyze the impact of the Trade Act of 1974 on Section 337 cases. They focus on the standards the International Trade Commission (ITC) uses in making its injury determinations in Section 337 cases. The authors also address the limited nature of judicial review over final ITC determinations, and conclude that the enhanced role of the ITC in Section 337 proceedings brought about by the Trade Act of 1974 creates a need for private litigants to build a thorough record on the issue of actual or incipient injury in proceedings before the ITC
A Standard Of Reason In Eec Antitrust Law: Some Comments On The Application Of Parts 1 And 3 Of Article 85, Ben Van Houtte
A Standard Of Reason In Eec Antitrust Law: Some Comments On The Application Of Parts 1 And 3 Of Article 85, Ben Van Houtte
Northwestern Journal of International Law & Business
In this article, Mr. Van Houtte outlines the basic provisions for antitrust enforcement in the European Economic Community, and comments on the current standards utilized by the European Commission in application of these laws. He advocates movement toward a more equalized balance of the theory behind the antitrust laws and adequate enforcement of those provisions. To achieve that balance, Mr. Van Houtte favors the use of a "standard of reason" in Article 85(1) cases, and increased emphasis on the public interest in analyses performed under Article 85(3).
The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham
The Companies Act, 1980: Its Effects On British Corporate Law, M. Freeman Durham
Northwestern Journal of International Law & Business
The Companies Act, 1980, makes basic and important changes in the corporate law of Great Britain. It implements European Economic Community Second Directive on Company Law, and also extends regulations on director conflicts of interest, introduces prohibitions on insider dealing, requires directors to take employee interest into account, and facilitates minority shareholder access to the courts.
Transborder Data Flow: Problems With The Council Of Europe Convention, Or Protecting States From Protectionism, Jane A. Zimmerman
Transborder Data Flow: Problems With The Council Of Europe Convention, Or Protecting States From Protectionism, Jane A. Zimmerman
Northwestern Journal of International Law & Business
This comment will discuss the current status of national data protection laws and their effect on the conflict between the individual interest in retaining personal privacy and the business interest in preserving the free flow of information. Such discussion will highlight the consequences of the proposed Council of Europe Convention's regulation of personal data. A brief look at the history f the information industry, as well as the costs of and justifications for transborder data flow, will serve to establish a framework for the issues and controversies which the Convention addresses. The comment will also focus on specific proviisons of …
Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon
Enforcement Of Foreign Arbitral Awards In The United States, J. Stewart Mcclendon
Northwestern Journal of International Law & Business
In this article, Mr. McClendon describes the requirements and procedures for enforcing arbitral awards in the United States. The author examines the provisions of both the New York Convention and the United States Arbitration Act. Mr. McClendon focuses on the substantive and procedural defenses to enforcement of foreign arbitral awards, and reviews the relevant United States case law.
Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes
Government Antitrust Actions And Remedies Involving Foreign Commerce: Procedural And Substantive Limitations, William C. Holmes
Northwestern Journal of International Law & Business
In recent years, application of American antitrust laws to activities in foreign commerce has been a source of controversy. In this article, Mr. Holmes addresses criticisms directed at the application of the antirtust laws to commercial activities abroad, and argues that these criticisms, while not without some merit, often fail to recognize the procedural and substantive limitations which have recently been imposed upon government agencies. Mr. Holmes discusses these limitations at length.
The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow
The Third United Nations Conference On The Law Of The Sea: Questions Of Equity For American Business, Marlene Dubow
Northwestern Journal of International Law & Business
Three decades ago, the search for petroleum and natural gas moved to the ocean floor. Offshore exploration, modestly begun in shallow water, opened up a new frontier in petroleum exploration and exploitationwhich now extends to water depths beyond 1600 feet. Today, the seabeds off the shores of coastal countries supply approximately seven percent ot the world's oil and gas requirements. Yet only a small portion of the world's continental shelves have actually been tested for their natural resource potential, and exploration of the potential petroleum and natural gas supply of the deep seabed is still in its infancy.
Poyner V. Erma Werke Gmbh: The Long-Arm Statute As A Protectionist Device, Rhonda S. Liebman
Poyner V. Erma Werke Gmbh: The Long-Arm Statute As A Protectionist Device, Rhonda S. Liebman
Northwestern Journal of International Law & Business
Technological and economic progess have continually fostered the development of international trade. As greater quantities of international goods enter American markets, there is a greater potential that American consumers will bring actions against international manufacturers for injuries sustained from defective products. Consequently, state and federal courts must consider the constitutional restrictions involved in asserting personal jurisdiction over alien as well as foreign defendants. One hundred years ago, a state's jurisdictional power was virtually limited to its territorial boundaries. State and federal courts, however, began to abandon this restrictive jurisdictional approach as interstate commerce developed. In the seminal case, International Shoe …
Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms
Scope Of Action Against Unfair Import Trade Practices Under Section 337 Of The Tariff Act Of 1930, J. Stephen Simms
Northwestern Journal of International Law & Business
Section 337 of the Tariff Act of 1930 and general powers of the United States International Trade Commission (ITC) provide the Commissions with a range of actions in cases of unfair methods of competition or unfair acts involved in importation of articles or in their sale. This comment will discuss the actions available to the Commission under Section 337, and suggest how the Commission should apply them.
Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman
Eximbank As A Public Enterprise: The Role Of Congress And The Executive Branch, Jordan Jay Hillman
Northwestern Journal of International Law & Business
Eximbank, a wholly-owned government corporation with the status of an independent agency, operates under the charter of the Export-Import Bank of 1945, as amended. In this article, which forms a part of his broader study of the Bank, Professor Hillman examines the influence of Congress and the Executive Branch on Eximbank's policies and decisions. He analyzes the development of the statutory provisions governing capitalization, operating (especially lending) standards and organizational structure, as well as budget status and annual program authority. He then takes up the influence of the executive branch, as exercised through the President's power to appoint principal officers …
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
International Trading Companies: Building On The Japanese Model, Robert W. Dziubla
Northwestern Journal of International Law & Business
Passage of the Export Trading Company Act of 1982 provides new opportunities for American business to organize and operate general trading companies. After presenting a thorough history and description of the Japanese sogoshosha, Mr. Dziubla gives several compelling reasons for Americans to establish export trading companies. He also examines the changes in United States banking and antitrust laws that have resulted from passage of the act and offers suggestions for drafting guidelines, rules, and regulations for the Export Trading Company Act.
The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell
The Promised Land: Analysis Of Environmental Factors Of United States Investment In And Development Of The Amazon Region In Brazil, Daniel P. Caswell
Northwestern Journal of International Law & Business
This comment will look at the social, economic, and environmental situation pertaining to the Amazon region, the present regulation and policy, and foreseeable future trends, from three vantage points. The Brazilian perspective is one of conflicting interests, with the country's dramatic need for economic development balanced against its need to prevent the Amazon, its most valuable resource, from total destruction. The international perspective is one of increasing awareness of the global impact of the deforestation of tropical moist forests, and the need to develop and implement regional and international policies to manage this resource. The United States perspective considers the …
Taxation Of Americans Abroad Under The Erta: An Unnecessary Windfall, John A. Papahronis
Taxation Of Americans Abroad Under The Erta: An Unnecessary Windfall, John A. Papahronis
Northwestern Journal of International Law & Business
The Economic Recovery Tax Act of 1981 (ERTA) contains significant provisions liberalizing the taxation of American citizens living abroad. These changes mark the completion of Congress' four year turnabout in its taxation policy towards expatriate Americans, and reflect a Congressional desire to resolve the conflicting objectives involved: tax equity, revenue requirements, trade and export promotion, and simplification of tax returns. The ERTA changes are the result of Congress' recent emphasis on the promotion of trade and exports. Congress concluded that a substantial exclusion of the foreign earned income of expatriate Americans is necessary to encourage more Americans to work abroad. …
Comity And Computers In The Common Market: The Ibm Case, Terrance L. Bessey
Comity And Computers In The Common Market: The Ibm Case, Terrance L. Bessey
Northwestern Journal of International Law & Business
This note will surey the law of the Community and its member states, United States law, and international law. The factual aspects of the EEC case against IBM which highlight the tensions underlying the comity question in international antitrust will also be explored. Before turning to these issues, however, the historical and theoretical context of the comity question in international antitrust will be examined.
Book Review: China's Economy In Global Perspective. By A. Doak Barnett
Book Review: China's Economy In Global Perspective. By A. Doak Barnett
Northwestern Journal of International Law & Business
China'a Economy in Global Perspective surveys China's prospects as it enters the international community in its quest for rapid economic expansion. In analyzing the changes in China's economic relations with foreign countires, Barnett ponders both the internal and international implications of China's new policies. Beginning with the changes in China's domestic policies, he shows how change in China's international economic relations have led to increased foreign trade and acquisition of advanced technology from abroad. Mr. Barnett then discusses the prospects for continued growth in China's foreign trade and absorption of new technology, as well as the problems and opportunities for …
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam
Journal of Criminal Law and Criminology
No abstract provided.
The Speedy Trial Act Of 1974: Effects On Delays In Federal Criminal Litigation, George S. Bridges
The Speedy Trial Act Of 1974: Effects On Delays In Federal Criminal Litigation, George S. Bridges
Journal of Criminal Law and Criminology
No abstract provided.
Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter
Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter
Journal of Criminal Law and Criminology
No abstract provided.
Due Process And Criminal Penalties Under Rule 10b-5: The Unconsitutionality And Inefficiency Of Criminal Prosecutions For Insider Trading, Daniel J. Bacastow
Due Process And Criminal Penalties Under Rule 10b-5: The Unconsitutionality And Inefficiency Of Criminal Prosecutions For Insider Trading, Daniel J. Bacastow
Journal of Criminal Law and Criminology
No abstract provided.
The Criminal Procedure Law Of The People's Republic Of China
The Criminal Procedure Law Of The People's Republic Of China
Journal of Criminal Law and Criminology
No abstract provided.
The People's Republic Of China And The Presumption Of Innocence, Timothy A. Gelatt
The People's Republic Of China And The Presumption Of Innocence, Timothy A. Gelatt
Journal of Criminal Law and Criminology
No abstract provided.
A Comparison Of The Chinese And Soviet Codes Of Criminal Law And Procedure, Harold J. Berman, Susan Cohen, Malcolm Russell
A Comparison Of The Chinese And Soviet Codes Of Criminal Law And Procedure, Harold J. Berman, Susan Cohen, Malcolm Russell
Journal of Criminal Law and Criminology
No abstract provided.