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Articles 1 - 22 of 22
Full-Text Articles in Law
Mannington Mills, Inc. V. Congoleum Corp.: A Further Step Toward A Complete Subject Matter Jurisdiction Test, Walter S. Weinberg
Mannington Mills, Inc. V. Congoleum Corp.: A Further Step Toward A Complete Subject Matter Jurisdiction Test, Walter S. Weinberg
Northwestern Journal of International Law & Business
Jurisdiction of the American courts under the Sherman Act' has been extended to certain activities which take place outside of the United States. Such an extension is required by the inclusion of a for- eign commerce provision in the antitrust laws that states that restraints of trade or attempts to monopolize "among the several states, or with foreign nations" are violations of U.S. law. The exact reach of the Sherman Act to activities that take place within foreign nations or that involve foreign law is not clear. United States courts, however, generally have taken jurisdiction over foreign activities only when …
The Protection Of Trading Interests Act Of 1980: Britian's Response To U.S. Extraterritorial Antitrust Enforcement, Tina J. Kahn
The Protection Of Trading Interests Act Of 1980: Britian's Response To U.S. Extraterritorial Antitrust Enforcement, Tina J. Kahn
Northwestern Journal of International Law & Business
The extraterritorial enforcement of U.S. antitrust laws has long generated discontent between the United States and several European nations.1 While not alone in attributing extraterritorial jurisdiction to its antitrust laws, the United States is among the minority in this re- gard,2 joined only by the European Economic Community,3 Austria,4 and the Federal Republic of Germany.
New Developments In The Foreign Tax Credit: The Treasury Department Attempts To Define And Income Tax, David F. Nitschke
New Developments In The Foreign Tax Credit: The Treasury Department Attempts To Define And Income Tax, David F. Nitschke
Northwestern Journal of International Law & Business
In order to alleviate the double taxation of income earned overseas by United States taxpayers, the Internal Revenue Code contains aforeign tax credit. This provision, which enables a taxpayer to credit certain foreign taxes he haspaid or accrued, has been reinterpreted recently by the Depart- ment of the Treasury. In this article, Mr. Nitschke discusses several 1978 revenue rulings andproposed regulations issued in 1979 that have altered the definition of aforeign tax that qualifies as an "income tax" and, thereby, have reduced signficantly the kind offorein taxes eligible for the credit. Upon examination ofprior rulings and case law, Mr. Nitschke …
Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez
Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez
Northwestern Journal of International Law & Business
Progress in economic and social development by developing countries should not spell the end of US. bilateral assistance, argues Ambassador Valdez in this article. In recent years such progress has occurred in Latin America and the Caribbean to the extent that many of the nations of the region no longer qualify for assistance under theper capita income criterion tradition- ally employed by U.S. policy-makers. Ambassador Valdez explores the needfor continuing bilateral assistance, and then articulates why it is in the best interests of the United States to provide this assistance. He concludes by setting out the parameters of aforeign aidpolicy …
The Need For A Thoughtful Assessment Of The Application Of U.S. Antitrust Law To International Transactions, Mark R. Joelson
The Need For A Thoughtful Assessment Of The Application Of U.S. Antitrust Law To International Transactions, Mark R. Joelson
Northwestern Journal of International Law & Business
It is commonly said that the United States antitrust laws are a cor- nerstone of our free enterprise system and our economic philosophy. It is another truism--one of more recent origin-that the most significant markets and arenas of competition today are the international ones. The daily business news bears out this conclusion. Yet one must also conclude that the relationship between these two indispensable features of our economic life-antitrust laws and international trade-is a troubled one which provides ample material for confusion, dispute and law review comment. Moreover, the debate over the application of United States antitrust law to international …
Problem Areas Concerning Foreign Investment In U.S. Real Estate, John T. Jr. Allen, David B. Olaussen
Problem Areas Concerning Foreign Investment In U.S. Real Estate, John T. Jr. Allen, David B. Olaussen
Northwestern Journal of International Law & Business
Current problems related to foreign investment in real estate have a long and involved history. After a brief historical review, this per- spective will consider present limitations on alien ownership of real es- tate, inconveniences such as disclosure of ownership, and incidental administrative side effects which place the foreign investor in a differ- ent position than a U.S. investor.
International Patent Licensing Agreements And Conflict Of Laws, Giovanna Modiano
International Patent Licensing Agreements And Conflict Of Laws, Giovanna Modiano
Northwestern Journal of International Law & Business
The choice of law rules applicable to disputes involving patent li- censing agreements was a subject that attracted considerable interest among prominent legal scholars in the 1950's.' During the following decade the attention of European scholars concerned with patent li- censing shifted to more substantive issues.2 In recent years, however, an interest in choice of law problems relating to patent licensing agree- ments has been revived.
A New Uniform Law For The International Sale Of Goods: Is It Compatible With American Interests?, Martin L. Ziontz
A New Uniform Law For The International Sale Of Goods: Is It Compatible With American Interests?, Martin L. Ziontz
Northwestern Journal of International Law & Business
The prospects for adoption of a law gov- erning commercial' contracts for the international sale of goods should be of compelling interest to American merchants and their legal advi- sors. The text which was presented to the diplomatic conference in March was completed by the United Nations Commission on Interna- tional Trade Law (UNCITRAL) in 1978.1 Its eighty-two articles em- body the substantive revisions of a similar document that was rejected by the United States sixteen years ago'--the 1964 Hague Convention Relating to a Uniform Law for the International Sale of Goods
The New Anti-Dumping Procedures Of The Trade Agreements Act Of 1979: Does It Create A New Non-Tariff Trade Barrier, Timothy J. Patenode
The New Anti-Dumping Procedures Of The Trade Agreements Act Of 1979: Does It Create A New Non-Tariff Trade Barrier, Timothy J. Patenode
Northwestern Journal of International Law & Business
The Trade Agreements Acts of 19791 contains what is likely to be the most extensive modification of U.S. anti-dumping law since the passage of the original Antidumping Act of 1921.2 The new law makes five significant changes in anti-dumping investigation procedures which are intended to streamline investigations, to provide prompter and more effective relief for domestic industries threatened by unfair foreign competition, and to provide the agencies with a clearer defini- tion of their responsibilities.3 These worthy intentions, however, have produced a system that is unfairly burdensome to foreign manufacturers and domestic import- ers
Reorganization Plan No. 3 Of 1979: Revamping The U.S. Trade Machinery, Eliot B. Schreiber
Reorganization Plan No. 3 Of 1979: Revamping The U.S. Trade Machinery, Eliot B. Schreiber
Northwestern Journal of International Law & Business
The United States is no longer the successful competitor it once was in the international marketplace.I During the last decade, concern has grown in both the national and international communities about the way in which United States trade policy is formulated and imple- mented. This concern has resulted in a reorganized and strengthened U.S. trade machinery. Briefly, the Carter Administration's new Reor- ganization Plan No. 3 of 19792 has placed the responsibility for the negotiation of foreign trade matters and for the formulation of trade policy in the Office of the United States Trade Representative (USTR), and has called upon …
Continental Grain (Australia) Pty. Ltd. V.Pacific Oilseeds, Inc.: An Unjustifiable Expansion Of Subject Matter Jurisdiction In A Transnational Securities Fraud Case, Joseph A. Marovitch
Continental Grain (Australia) Pty. Ltd. V.Pacific Oilseeds, Inc.: An Unjustifiable Expansion Of Subject Matter Jurisdiction In A Transnational Securities Fraud Case, Joseph A. Marovitch
Northwestern Journal of International Law & Business
This note will suggest that the holding in Continental Grain repre- sents an unjustifiably expansive application of the conduct test. Recog- nizing the Second Circuit's expertise in the securities law area, this note will critically examine the case of that circuit, concluding that the Sec- ond Circuit would not have found jurisdiction under the conduct test on the facts of Continental Grain.' Next, SEC v. Kasser,8 a Third Cir- cuit case relied upon by the court in Continental Grain, will be criticized as an unwarranted expansion of the conduct test. Unwarranted or not, Kasser also could have been distinguished on …
Competition, Trade, And The Antitrust Division: 1981, Joel Davidow
Competition, Trade, And The Antitrust Division: 1981, Joel Davidow
Northwestern Journal of International Law & Business
One of the primary purposes-some would say the primary pur- pose--of antitrust laws is to promote efficient allocation of resources and maximum consumer choice by preventing and punishing artificial barriers to competition and unreasonable restraints of trade.' The An- titrust Division of the U.S. Department of Justice has therefore con- cerned itself with the task of breaking down those barriers. In the domestic field, this policy has traditionally taken the form of prosecut- ing persons and corporations who engage in price fixing or market divi- sion, or who obtain or maintain monopoly power by means of abusive practices. More recently, …
Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer
Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer
Northwestern Journal of International Law & Business
Although the General Agreement on Tariffs and Trade (GATT)' has been in existence for over two decades, a workable system has only recently developed for resolving disputes between contracting parties. Since its inception, the GATT has been designed to promote the grad- ual dissolution of trade barriers between the major mercantile countries of the world.2 In its early years, the GATT approached this ambitious goal solely through irregular negotiating "rounds" at which the Con- tracting Parties (the nations signatory to the GATT) mutually agreed to reduce their tariff barriers. There was little attempt to develop an effec- tive enforcement mechanism …
Symposium: Transnational Issues In American Antitrust Law
Symposium: Transnational Issues In American Antitrust Law
Northwestern Journal of International Law & Business
On September 30, 1980, the United States Senate passed a bill that would establish a commission to study the international application of American antitrust laws.' The creation of this commission was prompted in part by the popular belief that the current application of U.S. antitrust laws impedes vigorous American export activity to the detriment of our competitive standing in world markets.2 On the other hand, several foreign nations, angered by extraterritorial application of U.S. laws, have recently enacted statutes that inhibit the ability of anti- trust plaintiffs in the United States to obtain discovery and to collect judgments. In this …
International Application Of American Antitrust Laws: Issues And Proposals, James A. Rahl
International Application Of American Antitrust Laws: Issues And Proposals, James A. Rahl
Northwestern Journal of International Law & Business
American antitrust policy in foreign commerce is once again under the pressure of complaints from at home and abroad.' It may seem anomalous that laws intended to protect competition are charged with impairing American "competitiveness," but that is the contention heard in Congress and in business quarters.2 Meanwhile, some foreign nations, including a few who have recently enacted new antitrust laws of their own, complain that our antitrust laws are too aggressive.3 Given the large amount of current discussion and the number of different proposals in Congress, careful study of the issues and of possi- ble solutions is certainly indicated.
What Should Be The Agenda Of A Presidential Commission To Study The International Application Of U.S. Antitrust Law, Douglas E. Rosenthal
What Should Be The Agenda Of A Presidential Commission To Study The International Application Of U.S. Antitrust Law, Douglas E. Rosenthal
Northwestern Journal of International Law & Business
If the proposed Presidential Commission to study the Interna- tional Application of the U.S. Antitrust Law (Commission)' is to com- plete its work within the one year period contemplated and is to achieve more than a superficial gloss of a large and complex area, I believe it will be necessary for the Commission to concentrate its atten- tion on the conflicts between the four important goals of foreign eco- nomic policy.
The Iranian Crisis And U.S. Law, Robert M. Mcgreevey
The Iranian Crisis And U.S. Law, Robert M. Mcgreevey
Northwestern Journal of International Law & Business
The Iranian crisis created a laboratory in which to examine theforeign affairspowers of the branches of the United States government. In this Arti- cle, Mr. McGreevey begins his analysis with a study of the litigation waged by Chase Manhattan Bank and other American parties for control of Ira- nian assets. Foreign sovereign immunity from pre-udgmaent attachment is an important issue in this litigation, and is treated in Part I Part III exam- ines the posture of the executive during the pendency of the assets litigation. The Article concludes with a discussion of the foreign affairs powers of the President in …
The Foreign Sovreign Immunities Act: The Use Of Pre-Judgment Attachment To Ensure Satisfaction Of Anticipated Judgments, Craig J. Hanson
The Foreign Sovreign Immunities Act: The Use Of Pre-Judgment Attachment To Ensure Satisfaction Of Anticipated Judgments, Craig J. Hanson
Northwestern Journal of International Law & Business
The Foreign Sovereign Immunities Act of 19761 (FSIA) was designed to balance the interests of private litigants with commercial or tortious claims2 against foreign states3 with the interests of the United States in minimizing friction with foreign nations.4 The tightrope that the drafters of the Act' walked is nowhere more apparent than in the area of attachment of foreign sovereign assets and execution of judg- ment.
Hoover Company V. Commissioner: A Judicial One Way Street, Raymond J. Jr. Slomski
Hoover Company V. Commissioner: A Judicial One Way Street, Raymond J. Jr. Slomski
Northwestern Journal of International Law & Business
Recently, the tax court in Hoover Company v. Commissioner,' re- fused to apply the Corn Products doctrine3 and found that a corpora- tion's forward sales agreements in foreign currencies were not hedging agreements.4 The court concluded that such sales did not constitute an integral part of the business,5 and thus losses from such transactions fell outside the protection of Corn Products and were afforded capital treat- ment.6 This note will suggest that the Hoover court, in focusing its deci- sion on the form of the taxpayer's transaction (i.e., whether it was a "bona fide" hedge), failed to properly apply the …
The Export Administration Act Of 1979: An Examination Of Foreign Availability Of Controlled Goods And Technologies, Shirley Miller Dvorin
The Export Administration Act Of 1979: An Examination Of Foreign Availability Of Controlled Goods And Technologies, Shirley Miller Dvorin
Northwestern Journal of International Law & Business
The Export Administration Act of 19791 amended thirty years of legislative controls over the export of advanced technology2 to the So- viet Union and other non-market economy countries.' Since first en- acted, these post-World War II export controls attempted to reconcile the conflicting objectives of protecting national security while promot- ing United States international trade.4 Nonetheless, the increasing availability of advanced goods and technologies from foreign sources to communist nations has undermined both these objectives.
Establishing American Trading Companies, Franklin A. Cole
Establishing American Trading Companies, Franklin A. Cole
Northwestern Journal of International Law & Business
On September 3, 1980, the United States Senate, by unanimous vote, passed landmark legislation designed to increase American ex- ports of products and services by encouraging formation of U.S. export trading companies.' The Export Trading Company Act of 1980,2 rein- troduced and at this writing awaiting approval by a new Congress,3 is a significant first step in offering American companies, particularly those of small and medium size, the opportunity to enter markets on a par with their international foreign competitors. The Act moderates re- strictions that have blocked the growth of full-range export trade ser- vice companies that would help …
Newly Revised Income Tax Treaty With France: A Breakthrough In U.S. Tax Treaty Law, Stephanie H. Simonard
Newly Revised Income Tax Treaty With France: A Breakthrough In U.S. Tax Treaty Law, Stephanie H. Simonard
Northwestern Journal of International Law & Business
In 1979, the United States and France revised their 1967 Income Tax Treaty Developed along the lines of the Organization of Economic Co-Op- eration and Development Model Convention, the revised Treaty adopts a unique method of calculating the U.S. foreign tax credit limitation. The re- vised Treaty changed the definition of "source" of income to permit the for- eign tax credit against what would otherwise be termed "U.S. source income. " In this article, Mrs. Simonard examines the revised Treaty and its effects on U.S. citizens residing in France