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Full-Text Articles in Law
Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King
Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King
Erik J King
Under the Foreign Corrupt Practices Act (FCPA), it is an affirmative defense if the payments in question were lawful under the written laws of a foreign country. This defense has been largely overlooked by commentators and used sparingly in the court system. This Note examines the utility of this defense, and finds that although the concept underlying the defense remains somewhat alive in certain types of foreign laws that could conceivably excuse a foreign investor, the defense has lost all practical value. U.S. judicial interpretations, multilateral efforts against similar exceptions in other anti-bribery laws, and the subsuming effect of other …
The Word Commons And Foreign Laws, Thomas O. Main
The Word Commons And Foreign Laws, Thomas O. Main
Thomas O Main
Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. But these outcomes are problematic because parties are denied access to court or have their …
Avoid Japanization, Nahoko Ono
Avoid Japanization, Nahoko Ono
Nahoko Ono
USPTO and academia are both recently keen to encourage further transparency of patent assignment recordation system. This article contends that excessive regulatory framework is likely to deter exploitation of patents as Japan fails to do so despite of its top-ranked patent producer in the world.
Israeli Case Of A Transformative Constitution, Moshe Cohen-Eliya
Israeli Case Of A Transformative Constitution, Moshe Cohen-Eliya
Moshe Cohen-Eliya
Transformative constitutions are typically post-traumatic; they signal a clear departure from the horrors of the past, as in the case of the constitutions of post-Nazi Germany and post-Apartheid South Africa. By their very nature, they presume an active role for the court that is delegated with its implementation. Over the past three decades, the Israeli Supreme Court has made significant reference to fundamental values, expanded its conception of rights and the scope of judicial review, and developed the notion of positive rights. It has signaled its willingness to make individuals subject to the duty to respect constitutional rights and has …
Bavarian Blondes Don't Need A Visa: A Comparative Law Analysis Of Ambush Marketing, Gerlinde Berger-Walliser, Melanie S. Williams, Bjorn Walliser, Mark Bender
Bavarian Blondes Don't Need A Visa: A Comparative Law Analysis Of Ambush Marketing, Gerlinde Berger-Walliser, Melanie S. Williams, Bjorn Walliser, Mark Bender
Melanie S. Williams
This paper describes the problem of ambush marketing: the act of attempting to associate with an event without buying the rights to do so. From the perspective of the organizers and sponsors of large-scale media and athletic events, the problem is significant. More than $100 billion is spent annually on purchasing sponsorship rights and the associated promotions. For companies who have not paid for such rights to be able to imply an association with these high-profile events dilutes the value of that sponsorship. Despite the size of the problem, however, (and except for the special coverage many countries afford Olympic …