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Full-Text Articles in Law

Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine Jan 2013

Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine

Michael P. Van Alstine

This article explores the possibility of "double jeopardy" protection arising from an international treaty. In specific, it examines whether, either as a matter of general principle or from the treaty's express provisions, the OECD Convention on Combatting Bribery of Foreign Public Officials protects a defendant from multiple or successive prosecutions under our domestic Foreign Corrupt Practices Act.


International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine Nov 2012

International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine

Michael P. Van Alstine

This guide on international trade and investment examines the legal rules governing international trade. Initial chapters deal with the legal and practical environment for multinational enterprises (MNEs) engaged in international trade and investment. The work then analyzes the principal international institutions involved in international trade: the World Trade Organization (WTO) and International Monetary Fund (IMF); the essential rules governing the regulation of international trade, including in the General Agreement on Tariffs and Trade (GATT); the system for dispute resolution within the WTO under its Dispute Settlement Body (DSB); restrictions on, and other regulation of, imports, including tariff rates, customs classification …


International Business Transactions In A Nutshell, 9th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine Nov 2012

International Business Transactions In A Nutshell, 9th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine

Michael P. Van Alstine

This guide examines the principal subjects involved in international business and commercial transactions. It includes chapters on the negotiation of business transactions; the international sale of goods; the role of documentary sales; the use of letters of credit; technology transfers; the initiation, operation, and termination of, as well as limitations imposed on, foreign investments; property takings, including remedies for and options for insuring against such actions; the European Union competition rules; and dispute settlement (both through litigation in state courts and through arbitration). It also addresses throughout the special challenges for business transactions in developing and nonmarket economies.


International Business Transactions: Foreign Investment (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine Sep 2012

International Business Transactions: Foreign Investment (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook, now in its 11th edition (2012). The purpose of this volume is to facilitate a focused study of issues arising out of planning, operating, and terminating foreign investments. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues arising out of the initiation of a foreign investment, as well as operational, financing, and termination issues. The primary focus is on lawyers as problem solvers .


International Business Transactions: Trade And Economic Relations (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine Sep 2012

International Business Transactions: Trade And Economic Relations (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

This is a special break-out edition adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the law of international trade and economic relations. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues regarding imports, exports, technology transfers, and dispute settlement in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.


International Business Transactions: Contracting Across Borders (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine Sep 2012

International Business Transactions: Contracting Across Borders (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the contractual issues arising out of international sales transactions. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important contract law issues arising out of international sales transactions and letters of credit in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.


International Business Transactions: A Problem-Oriented Coursebook. 11th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine May 2012

International Business Transactions: A Problem-Oriented Coursebook. 11th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

The 11th edition of this popular problem-oriented coursebook introduces law students to the conduct of business in the world community. Problems on international contracting, financing, trade regulation, licensing and technology transfers, foreign investment, and international business dispute resolution are presented. The book provides a current, in-depth examination of issues that clients are likely to face, such as defending against import competition; expanding exports and overseas markets; and dealing with NAFTA, the WTO, and other trade agreements. The coursebook is designed to survey a wide range of laws involving trade, licensing, and investment, and explore how issues and problems are addressed …


The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine Jul 2011

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Michael P. Van Alstine

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …


Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing Jul 2011

Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing

Michael P. Van Alstine

No abstract provided.


The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine Jul 2011

The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine

Michael P. Van Alstine

No abstract provided.


Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine Jul 2011

Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine

Michael P. Van Alstine

No abstract provided.


Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine Jul 2011

Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine

Michael P. Van Alstine

No abstract provided.


The Death Of Good Faith In Treaty Jurisprudence And A Call For Resurrection, Michael P. Van Alstine Jul 2011

The Death Of Good Faith In Treaty Jurisprudence And A Call For Resurrection, Michael P. Van Alstine

Michael P. Van Alstine

This article addresses the absence of the venerable doctrine of good faith interpretation, as well as its companion “liberal interpretation canon,” from modern Supreme Court treaty jurisprudence. Although scholarly accounts suggest that the spirit is still alive, the article demonstrates that the doctrine was silently interred by the Supreme Court early in the last century. From all appearances, the disappearance of good faith from treaty jurisprudence was not by design. Nonetheless, the article demonstrates that even such an unintended drift can have serious negative consequences. In the context of treaty jurisprudence, the consequence of the departure of good faith interpretation …