Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Appellate Body (2)
- General Agreement on Tariffs and Trade (2)
- Treaties (2)
- World Trade Organization (2)
- Benefits (1)
-
- Cook (William) (1)
- Costs (1)
- Detroit (1)
- Detroit City Railway (1)
- Detroit Street Railway (1)
- Gambling (1)
- Horses (1)
- Judicial interpretation (1)
- Korea (1)
- Legislative neutrality (1)
- Michigan Car Works (1)
- Necessity (1)
- Organized labor (1)
- Pingree (Hazen) (1)
- Quotas (1)
- Railway (1)
- Rulings (1)
- Street cars (1)
- Strikes (1)
- Trade protection (1)
- United States - Gambling (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Meaning Of 'Necessary' In Gatt Article Xx And Gats Article Xiv: The Myth Of Cost-Benefit Balancing, Donald H. Regan
The Meaning Of 'Necessary' In Gatt Article Xx And Gats Article Xiv: The Myth Of Cost-Benefit Balancing, Donald H. Regan
Articles
Conventional wisdom tells us that in Korea–Beef, the Appellate Body interpreted the word ‘necessary’ in GATT Article XX to require a cost–benefit balancing test. The Appellate Body is supposed to have applied this test also in EC–Asbestos, US–Gambling (involving GATS Article XIV), and Dominican Republic–Cigarettes. In this article I demonstrate, by detailed analysis of the opinions, that the Appellate Body has never engaged in such balancing. They have stated the balancing test, but in every case they have also stated the principle that Members get to choose their own level of protection, which is logically inconsistent with judicial review by …
A Gambling Paradox: Why An Origin-Neutral 'Zero-Quota' Is Not A Quota Under Gats Article Xvi, Donald H. Regan
A Gambling Paradox: Why An Origin-Neutral 'Zero-Quota' Is Not A Quota Under Gats Article Xvi, Donald H. Regan
Articles
In US-Gambling, the Appellate Body held that an origin-neutral prohibition on remote gambling (which is how they mostly viewed the United States law) was "in effect" a "zero-quota", and that such a "zero-quota" violated GATS Article XVI:2. That holding has been widely criticized, especially for what critics refer to as the Appellate Body's "effects test". This article argues that the Appellate Body's "in effect" analysis is not an "effects test" and is not the real problem. The real mistake is regarding a so-called "zero-quota" as a quota under Article XVI. That is inconsistent with the ordinary meaning of the word …
William W. Cook And Detroit Street Railways, 1891-1894, Margaret A. Leary
William W. Cook And Detroit Street Railways, 1891-1894, Margaret A. Leary
Articles
In 1890, much of Detroit's street railway system used outmoded technology, had severe labor and public relations problems, and faced uncertainty over the remaining length of the 30-year franchise granted by the city in 1863, but extended in 1879, perhaps illegally. An apparent solution came in 1891, when William W. Cook-later to earn a fortune that he would give to the University of Michigan Law School-and other "Eastern capitalists" purchased Detroit's street rail system. They were unable to solve the existing problems, and the new outside ownership itself added difficulties. Cook's group sold out in 1894, and over the next …