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Articles 1 - 30 of 51
Full-Text Articles in Transnational Law
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Perspectives On Sovereignty In The Current Context: An American Viewpoint, Richard B. Bilder
Perspectives On Sovereignty In The Current Context: An American Viewpoint, Richard B. Bilder
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Jonathan Fried And Gary Horlick, Discussion
Discussion After The Speeches Of Jonathan Fried And Gary Horlick, Discussion
Canada-United States Law Journal
No abstract provided.
Where There Is A Will, There Is A Way: Cooperation In Canada-U.S. Antitrust Relations, Lawson A. W. Hunter, Susan M. Hutton
Where There Is A Will, There Is A Way: Cooperation In Canada-U.S. Antitrust Relations, Lawson A. W. Hunter, Susan M. Hutton
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Stanley M. Spracker And J. Christopher Thomas, Discussion
Discussion After The Speeches Of Stanley M. Spracker And J. Christopher Thomas, Discussion
Canada-United States Law Journal
No abstract provided.
Discussion After The Speech Of Joel P. Trachtman, Discussion
Discussion After The Speech Of Joel P. Trachtman, Discussion
Canada-United States Law Journal
No abstract provided.
Coercion Or Cooperation; Social Policy And Future Trade Negotiations, Michael Hart
Coercion Or Cooperation; Social Policy And Future Trade Negotiations, Michael Hart
Canada-United States Law Journal
No abstract provided.
Sovereignty And Human Rights, Robert F. Drinan
Sovereignty And Human Rights, Robert F. Drinan
Canada-United States Law Journal
No abstract provided.
When Sovereignties May Collide: In The Antitrust Area, Joseph P. Griffin
When Sovereignties May Collide: In The Antitrust Area, Joseph P. Griffin
Canada-United States Law Journal
No abstract provided.
Sovereignty And International Trade Regulation, Gary N. Horlick
Sovereignty And International Trade Regulation, Gary N. Horlick
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Richard B. Bilder And Donat Pharand, Discussion
Discussion After The Speeches Of Richard B. Bilder And Donat Pharand, Discussion
Canada-United States Law Journal
No abstract provided.
Conference Opening, Henry T. King Jr.
Conference Opening, Henry T. King Jr.
Canada-United States Law Journal
No abstract provided.
Discussion After The Speech Of Robert F. Drinan, S.J., Discussion
Discussion After The Speech Of Robert F. Drinan, S.J., Discussion
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Joseph P. Griffin And Lawson A. W. Hunter, Discussion
Discussion After The Speeches Of Joseph P. Griffin And Lawson A. W. Hunter, Discussion
Canada-United States Law Journal
No abstract provided.
Discussion After The Speeches Of Charles Levy And W.L. Hayhurst, Discussion
Discussion After The Speeches Of Charles Levy And W.L. Hayhurst, Discussion
Canada-United States Law Journal
No abstract provided.
Sovereignty And The Regulation Of International Business In The Environmental Area: A Canadian Viewpoint, J. Christopher Thomas
Sovereignty And The Regulation Of International Business In The Environmental Area: A Canadian Viewpoint, J. Christopher Thomas
Canada-United States Law Journal
No abstract provided.
Sovereignty And The Regulation Of International Business In The Environmental Area: An American Viewpoint, Stanley M. Spracker
Sovereignty And The Regulation Of International Business In The Environmental Area: An American Viewpoint, Stanley M. Spracker
Canada-United States Law Journal
No abstract provided.
The Canadian Cultural Industries Exemption Under Canada-U.S. Trade Law, Donald S. Macdonald Hon.
The Canadian Cultural Industries Exemption Under Canada-U.S. Trade Law, Donald S. Macdonald Hon.
Canada-United States Law Journal
No abstract provided.
Discussion After The Speech Of The Honorable Donald S. Macdonald, Discussion
Discussion After The Speech Of The Honorable Donald S. Macdonald, Discussion
Canada-United States Law Journal
No abstract provided.
Closing Remarks, Henry T. King Jr.
Closing Remarks, Henry T. King Jr.
Canada-United States Law Journal
No abstract provided.
Masthead, Volume 20 (1994)
Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson
Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson
Journal Articles
This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …
China And The Gatt Agreement On Government Procurement, John Linarelli
China And The Gatt Agreement On Government Procurement, John Linarelli
Scholarly Works
No abstract provided.
Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.
Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.
Vanderbilt Journal of Transnational Law
Should the Fourth Amendment reach abroad to protect noncitizens when United States law enforcement agents conduct searches and seizures in a foreign state? The courts have assumed this to be a closed question since 1990, when the Supreme Court, in a broadly worded plurality opinion by Chief Justice Rehnquist, asserted that the Amendment protects only citizens and other members of the "national community." However, as this Article points out, the Chief Justice's plurality opinion in United States v. Verdugo-Urquidez did not represent the judgment of a majority of the Court and therefore does not foreclose continued consideration of the scope …
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
Scholarly Publications
What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …
Volume 20, Canada-United States Law Journal
Volume 20, Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
The Limitations Of Sovereignty From Nuremberg To Sarajevo, Henry T. King Jr.
The Limitations Of Sovereignty From Nuremberg To Sarajevo, Henry T. King Jr.
Canada-United States Law Journal
No abstract provided.
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Michigan Journal of International Law
Review of Law-Making in the International Community by G.M. Danilenko
Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean
Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean
Michigan Journal of International Law
Review of Singular Europe: Economy and Polity of the European Community After 1992 (William J. Adams ed.) and Decision-Making in the European Community: The Council Presidency and European Integration by Emil J. Kirchner
The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster
The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster
Vanderbilt Journal of Transnational Law
As international commercial disputes become more common, United States courts increasingly face difficult issues involved in transnational discovery. Two frequently encountered issues are choosing whether to use the discovery procedures of the Federal Rules of Civil Procedure or the Hague Evidence Convention and whether to enforce a discovery order when the order conflicts with a law of the state in which discovery is to occur. Although the Supreme Court has addressed both of these issues, it has left lower courts considerable discretion to deal with these issues case by case. Lower courts, therefore, have not been uniform in their approaches …