Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Michigan Journal of International Law
This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Michigan Journal of International Law
This article will examine the German legal system's experience with fashioning remedies for the "close corporation problem" and the underlying concepts that have shaped these remedies. Part I will trace the growth of the doctrines of withdrawal and expulsion in the context of Germany's troubled history. Part II will compare German and U.S. approaches on both practical and conceptual levels. On one level, the focus of the article is narrow. It deals with specific, technical solutions to only the most extreme examples of the close corporation problem. Such cases are not frequently litigated. Their doctrines do, however, constitute default rules …
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Michigan Journal of International Law
In this paper, the author will investigate whether current U.S. antidumping law can apply to trade in services. Because service industries vary significantly in nature, the author takes an industry-specific approach, selecting three service industries - insurance, banking, and construction - and discussing possible problems in applying the U.S. antidumping law to these industries.
The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst
The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst
Michigan Journal of International Law
This article, part of an in-depth comparative study of municipal anti-dumping laws in Australia, Canada, the European Economic Community and the United States, does not purport to undertake a comprehensive comparative analysis of the anti-dumping laws of the four jurisdictions. Its aim is, rather, to examine the core concepts and some of the core salient features of the laws as developed in actual practice, and to consider the problems that have arisen in these jurisdictions and their solutions. For this purpose, section I will analyze procedural issues, section II substantive issues of dumping, and section III substantive issues of injury. …
International Commercial Arbitration In The United States: Considering Whether To Adopt Uncitral's Model Law, Patrick John Potter
International Commercial Arbitration In The United States: Considering Whether To Adopt Uncitral's Model Law, Patrick John Potter
Michigan Journal of International Law
This Note will explore some of the areas overlooked by the Committee, including the benefits and burdens which adopting the Model Law would involve. Part One briefly describes the Model Law's background and provides a summary of its articles. Part Two discusses some factors that should be considered when Congress decides whether or not to adopt the Model Law. Part Three summarizes the present status of international commercial arbitration law in the United States, and recommends en bloc adoption of the Model Law. Enacting a separate international arbitration law that is familiar to foreigners will facilitate arbitration with U.S. parties. …
Comparison: Japanese And American Plant Closing Laws, Allison Zousmer
Comparison: Japanese And American Plant Closing Laws, Allison Zousmer
Michigan Journal of International Law
This Note analyzes the American and Japanese approaches to plant closings and discusses to what extent the American government can apply the successful Japanese approach to its own labor relations system. The first part examines the specific provisions of the two nations' laws. Second, it illustrates how the divergent social rules and historical backgrounds influence the operation of the plant closing laws in both nations. Part three explores the impact and applicability of Japanese labor policies to American industrial practices. The Note concludes that although the Japanese provide a general model for a labor management system which combines cooperation and …
Congress And Genocide: They're Not Going To Get Away With It, Jordan J. Paust
Congress And Genocide: They're Not Going To Get Away With It, Jordan J. Paust
Michigan Journal of International Law
Today at least, it is generally recognized that genocide is a crimen contra omnes, a crime under customary international law over which there is universal enforcement jurisdiction and responsibility. Indeed, it is commonly expected that the prohibition of genocide is a peremptory norm of customary international law, a jus cogens allowing no form of derogation under domestic or treaty-based law. It is also commonly understood that the definition of genocide contained in the Convention on the Prevention and Punishment of the Crime of Genocide defines that which is prohibited by customary jus cogens.
The Regulation Of Insider Trading In The United States, United Kingdom, And Japan, Barbara Ann Banoff
The Regulation Of Insider Trading In The United States, United Kingdom, And Japan, Barbara Ann Banoff
Michigan Journal of International Law
Part I of this article will briefly discuss the American laws regulating insider trading; Part II will discuss the law of the United Kingdom; and Part III will discuss the regulation-or, more accurately, the non-regulation-of insider trading in Japan.
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow
Michigan Journal of International Law
This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
Michigan Journal of International Law
This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Michigan Journal of International Law
This note examines the operation of the enterprise zone program in the United Kingdom and considers the program's implications for the United States (U.S.), which also suffers from urban industrial decay and which has now begun studying proposals for an enterprise zone program of its own. The note concludes that, based on the limited data available thus far, the enterprise zone program alone is inadequate to lure industry back to depressed areas. The success of the enterprise zones depends in large measure upon parallel government programs, suggesting that the zones cannot be viewed as potential replacements of existing government aid …
The United States Specialty Steel Industry, Michael H. Leb
The United States Specialty Steel Industry, Michael H. Leb
Michigan Journal of International Law
Part I of this note briefly describes the problems of the specialty steel industry and traces the attempts to deal with those problems from 1968 through the imposition of the relief measures which spawned the current negotiations. After discussing the trade history of the specialty steel industry, the note examines the effectiveness of two domestic import relief statutes through which the government has attempted to assist the industry. The note then analyzes U.S. attempts to aid the specialty steel industry through measures which violate the fundamental principles of the GATT system. The note concludes that since the GATT system cannot …
Appendix 2: Recent United States Legislative Antitrust Proposals
Appendix 2: Recent United States Legislative Antitrust Proposals
Michigan Journal of International Law
This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.