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Articles 1 - 30 of 74
Full-Text Articles in Law
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
Northwestern Journal of International Law & Business
This article is a detailed study of the taxation by the United States of foreign base company services income. Foreign base company services in- come is defined generally as the income derived by a controlled foreign corporation from the performance of services for a related person.2 Con- trolled foreign corporations, in turn, generally are the foreign subsidiaries of U.S. parent corporations.3 A controlled foreign corporation's foreign base company services income is taxed to its U.S. parent corporation, subject to various exclusions and qualifications. This article defines the class of sus- pect relationships between the controlled foreign corporation and its related …
Reckless Complicity, Sanford H. Kadish
Reckless Complicity, Sanford H. Kadish
Journal of Criminal Law and Criminology
No abstract provided.
Three Strikes: Can We Return To Rationality, Michael Vitiello
Three Strikes: Can We Return To Rationality, Michael Vitiello
Journal of Criminal Law and Criminology
No abstract provided.
Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan
Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan
Journal of Criminal Law and Criminology
No abstract provided.
Defining Use Of A Firearm, Alan M. Gilbert
Defining Use Of A Firearm, Alan M. Gilbert
Journal of Criminal Law and Criminology
No abstract provided.
Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen
Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen
Journal of Criminal Law and Criminology
No abstract provided.
Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz
Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz
Journal of Criminal Law and Criminology
No abstract provided.
Maybe Soldiers Have Rights After All, Nicole E. Jaeger
Maybe Soldiers Have Rights After All, Nicole E. Jaeger
Journal of Criminal Law and Criminology
No abstract provided.
Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski
Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski
Journal of Criminal Law and Criminology
No abstract provided.
When Rules Are More Important Than Justice, Dawn M. Phillips
When Rules Are More Important Than Justice, Dawn M. Phillips
Journal of Criminal Law and Criminology
No abstract provided.
Rejecting The Clear And Convincing Evidence Standard For Proof Of Incompetence, Alaya B. Meyers
Rejecting The Clear And Convincing Evidence Standard For Proof Of Incompetence, Alaya B. Meyers
Journal of Criminal Law and Criminology
No abstract provided.
Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol
Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol
Journal of Criminal Law and Criminology
No abstract provided.
Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway
Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway
Journal of Criminal Law and Criminology
No abstract provided.
Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz
Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz
Journal of Criminal Law and Criminology
No abstract provided.
The Debate Over The Future Of Juvenile Courts: Can We Reach Consensus, Thomas F. Geraghty, Steven A. Drizin
The Debate Over The Future Of Juvenile Courts: Can We Reach Consensus, Thomas F. Geraghty, Steven A. Drizin
Journal of Criminal Law and Criminology
No abstract provided.
Immaturity And Irresponsibility, Stephen J. Morse
Immaturity And Irresponsibility, Stephen J. Morse
Journal of Criminal Law and Criminology
No abstract provided.
Ineffective Assistance Of Counsel: The Case For An Ex Ante Parity Standard, Donald A. Dripps
Ineffective Assistance Of Counsel: The Case For An Ex Ante Parity Standard, Donald A. Dripps
Journal of Criminal Law and Criminology
No abstract provided.
Science And International Regulatory Convergence, Jeffery Atik
Science And International Regulatory Convergence, Jeffery Atik
Northwestern Journal of International Law & Business
National regulation is frequently premised on scientific assump- tions; much of regulatory design is based on scientific findings. Con- sumer product, food and drug and workplace safety standards all depend on a scientific assessment of the risks faced by the public and of the efficacy of an adopted measure in addressing these risks. Build- ing codes, waste disposal protocols and mandated immunization of school children all proceed from the technical recommendations of the scientific community. In current Western society, a regulatory measure lacking a scien- tific basis will be subject to criticism and perhaps ridicule; it may be struck down …
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Northwestern Journal of International Law & Business
The domain of legal rules laid down by international bodies has grown enormously. Laws that have an international source influence a far larger portion of the world's commerce today than they did sixty or even twenty years ago. The enhanced significance and conse- quences of these laws raises an important question: What safeguards do we employ to increase the chances that they will do some good? More specifically, what processes hold international lawmakers ac- countable for their decisions?
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Northwestern Journal of International Law & Business
The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Northwestern Journal of International Law & Business
An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Northwestern Journal of International Law & Business
To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
Northwestern Journal of International Law & Business
Many cynics viewed the United States' attempt to ban all forms of cor- porate bribery as another example of the federal government's taking on the role of Don Quixote and tilting at windmills. While the law may not have been taken seriously when it was first enacted, it is clear that it has assumed a prominent place among our federal criminal laws. According to a recent article in the Wall Street Journal, the FCPA remains "the world's toughest law against foreign bribes."9 This article will provide background as to how the law was conceived and will discuss the law's present …
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Northwestern Journal of International Law & Business
Every U.S. company, public or private, that conducts operations out- side of the United States should devote serious consideration to creating and implementing an Foreign Corrupt Practices Act ("FCPA" or "Act") compli- ance program. In this context, an "FCPA compliance program" means a single, documented, corporate plan designed to reduce the likelihood that the company will engage in violations of the anti-bribery provisions of the FCPA, and to detect such violations and bring them to the attention of sen- ior management, if they occur.' A well-designed compliance program has obvious importance in educating employees concerning their responsibili- ties in this …
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
Northwestern Journal of International Law & Business
Debates regarding the competences and governance of interna- tional economic organizations such as the World Trade Organization (WTO), the European Union (EU) and the North American Free Trade Agreement (NAFFA) seem to grow more polarized. Academic lawyers, political scientists and economists seem to add little light to these heated debates. The purpose of this paper is to examine the theory of the firm and related transaction cost-based literatures of new institutional economics (NIE),4 law and economics (L&E) and industrial organizations (IO),' and the application of their analytical techniques to the linked problems of competence and governance of international economic organizations …
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Networks In International Economic Integration: Fragmented States And The Dilemmas Of Neo-Liberalism, Sol Picciotto
Northwestern Journal of International Law & Business
Current discussions of "globalization" afford an opportunity to. reflect on the development of the modern international system and its governance as well as to evaluate prospects and strategies for the fu- ture. However, the term "globalization" is ambiguous. It conceals di- verse and sometimes conflicting trends and strategies; it appears to project a post-Cold War optimism of increasing global unity and pros- pects for a new world order based on a strengthened framework of international institutions. Nonetheless, tendencies towards fragmen- tation exist, in addition to an increasing awareness of diversity and, perhaps, global disorder. Certainly, efforts are being made to …