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Articles 1 - 20 of 20

Full-Text Articles in Law

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman Oct 1992

Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman

Law and Contemporary Problems

The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.


Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser Oct 1992

Automation Of Securities Markets And The European Community’S Proposed Investment Services Directive, Norman S. Poser

Law and Contemporary Problems

One aspect of the EC's proposed Investment Services Directive (ISD) is examined: the potential impact of the ISD on the automation of the European securities markets.


The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs Oct 1992

The Establishment Of International Mechanisms For Enforcing Provisional Orders And Final Judgments Arising From Securities Law Violations, Michael D. Mann, Paul A. Leder, Elizabeth Jacobs

Law and Contemporary Problems

In the 1980s and early 1990s, securities regulators have made substantial progress in developing cooperative relationships to reduce the value of international borders as barriers to the detection and prosecution of securities fraud, but there needs to be an establishment of international mechanisms for enforcing provisional orders and final judgments. The development of mechanisms pursuant to which regulators can assist each other in freezing assets and recovering illicit profits is discussed.


“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner Oct 1992

“Mutual Recognition” And Cross-Border Financial Services In The European Community, E. Waide Warner

Law and Contemporary Problems

One of the hallmarks of the European Commission's single market program is the removal of Member State barriers to the provision of financial services throughout the EC. The goal is to make a broad spectrum of banking, securities and insurance services available for everyone. The application of the mutual recognition approach is discussed.


Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox Oct 1992

Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox

Law and Contemporary Problems

As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. The issue is examined.


Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos Oct 1992

Liberalizing The “Sacred Cows”: Telecommunications And Postal Services In The Ec, Constantine J. Zepos

Duke Journal of Comparative & International Law

No abstract provided.


Non-Ec Nationals In The European Community: The Need For A Coordinated Approach, Kay Hailbronner, Jorg Polakiewicz Oct 1992

Non-Ec Nationals In The European Community: The Need For A Coordinated Approach, Kay Hailbronner, Jorg Polakiewicz

Duke Journal of Comparative & International Law

No abstract provided.


Denmark And The Maastricht Treaty: A Market Analysis, Leonard Bierman, James Kolari, Michael W. Pustay Oct 1992

Denmark And The Maastricht Treaty: A Market Analysis, Leonard Bierman, James Kolari, Michael W. Pustay

Duke Journal of Comparative & International Law

No abstract provided.


Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox Oct 1992

Rethinking U.S. Securities Laws In The Shadow Of International Regulatory Competition, James D. Cox

Law and Contemporary Problems

A unique perspective on the concerns posed by the internationalization of US securities markets is offered. A set of principles is developed that can guide US policymakers in reaching agreement with other nations on the minimum content of all nations' securities laws.


Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort Oct 1992

Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort

Law and Contemporary Problems

In 1968, the Second Circuit decided "Schoenbaum vs Firstbrook," a doctrinally significant case for two reasons. The initial panel decision found, among other things, that the allegedly fraudulent mismanagement of a foreign company had sufficient effects in the US to trigger the assertion of US subject matter jurisdiction. It is argued that as a result of the forces creating an internationalized securities marketplace, the prevailing extraterritoriality doctrine has become both useless and problematic.


Claims By Non-State Groups In International Law, Benedict Kingsbury Jul 1992

Claims By Non-State Groups In International Law, Benedict Kingsbury

Cornell International Law Journal

No abstract provided.


Groups, Histories, And The International Law, Lea Brilmayer Jul 1992

Groups, Histories, And The International Law, Lea Brilmayer

Cornell International Law Journal

No abstract provided.


The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn Apr 1992

The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn

Duke Journal of Comparative & International Law

No abstract provided.


United States Ratification Of The American Convention On Human Rights, Joseph Diab Apr 1992

United States Ratification Of The American Convention On Human Rights, Joseph Diab

Duke Journal of Comparative & International Law

No abstract provided.


One-Way Ticket Home: The Federal Doctrine Of Forum Non Conveniens And The International Plaintiff, Jacqueline Duval-Major Mar 1992

One-Way Ticket Home: The Federal Doctrine Of Forum Non Conveniens And The International Plaintiff, Jacqueline Duval-Major

Cornell Law Review

No abstract provided.


Protecting National Interests: The Legal Status Of Extraterritorial Law Enforcement By The Military, Christopher A. Donesa Feb 1992

Protecting National Interests: The Legal Status Of Extraterritorial Law Enforcement By The Military, Christopher A. Donesa

Duke Law Journal

No abstract provided.


The United States And The United Nations In The Persian Gulf War: New Order Or Disorder, John Quigley Jan 1992

The United States And The United Nations In The Persian Gulf War: New Order Or Disorder, John Quigley

Cornell International Law Journal

No abstract provided.


The Monitoring Duties Of Directors Under The Ec Directives: A View From The United States Experience, James D. Cox, Nis Jul Clausen Jan 1992

The Monitoring Duties Of Directors Under The Ec Directives: A View From The United States Experience, James D. Cox, Nis Jul Clausen

Duke Journal of Comparative & International Law

No abstract provided.


The Ec Directive On The Legal Protection Of Computer Software: New Law Governing Software Development, Alan K. Palmer, Thomas C. Vinje Jan 1992

The Ec Directive On The Legal Protection Of Computer Software: New Law Governing Software Development, Alan K. Palmer, Thomas C. Vinje

Duke Journal of Comparative & International Law

No abstract provided.


On The Economic Realities Of The European Social Charter And The Social Dimension Of The Ec 1992, Leonard Bierman, Gerald D. Keim Jan 1992

On The Economic Realities Of The European Social Charter And The Social Dimension Of The Ec 1992, Leonard Bierman, Gerald D. Keim

Duke Journal of Comparative & International Law

No abstract provided.