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2009

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The Nafta Trucking Provisions And The Teamsters: Why They Need Each Other, Erica Richman Jan 2009

The Nafta Trucking Provisions And The Teamsters: Why They Need Each Other, Erica Richman

Northwestern Journal of International Law & Business

Part I of this comment lays out the basic structure of the Bush pilot program and outlines the general arguments anchoring the Teamsters' opposition. Part II discusses the history of NAFTA and the specific NAFTA trucking program, and charts the controversy surrounding the implementation of these provisions. Part III examines the current status of the NAFTA trucking debate and the Bush pilot program, and looks at the various legislative attacks on completing NAFTA implementation. Part IV offers an overview of the trucking industry's organized labor landscape in both the United States and in Mexico. Part V explores why the Teamsters …


The European Commission Project Regarding Competition In Professional Services, Laurel S. Terry Jan 2009

The European Commission Project Regarding Competition In Professional Services, Laurel S. Terry

Northwestern Journal of International Law & Business

One goal of this article is to help EU Member States' policy-makers and citizens understand the broad-brush nature of the EU Initiative and remember that it was a call for further investigation by EU Member States. This article provides a detailed case study of the EU Initiative so that as many individuals as possible in the European Union can understand the issues at stake and participate in rigorous discussions about the justifications for, and costs and benefits of, particular lawyer regulation rules in particular countries. Although one goal of this article is to empower European stakeholders and policy-makers, it is …


Coming Together After The Crisis: Global Convergence Of Private Equity And Hedge Funds, Houman B. Shadab Jan 2009

Coming Together After The Crisis: Global Convergence Of Private Equity And Hedge Funds, Houman B. Shadab

Northwestern Journal of International Law & Business

Two of the most significant types of alternative investment funds worldwide are hedge funds and private equity funds. A hedge fund typically engages in short-term trading of financial instruments and compensates its manager on an annual or quarterly basis. A private equity fund typically takes long-term management positions in companies and compensates the fund manager once every several years upon the sale of the fund's assets. Although primarily centered in the United States and Europe, numerous markets worldwide are home to each type of fund. Prior to the subprime mortgage-initiated financial crisis, there was a trend within the alternative investment …


Sophistry, Situational Ethics, And The Taxation Of The Carried Interest, Darryll K. Jones Jan 2009

Sophistry, Situational Ethics, And The Taxation Of The Carried Interest, Darryll K. Jones

Northwestern Journal of International Law & Business

This Article is, in essence, a strident expression of indignation about what a majority of tax scholars and, indeed, legislators consider a glaring yet persistent inequity in the tax code. In short, sometimes extraordinarily well-paid fund managers receive compensation taxed at capital gains rates. All other, usually very much lower-compensated, service providers are taxed at ordinary rates. The result is clearly regressive and yet, as of late, even some respected and knowledgeable scholars-though still in the minority-have unabashedly set forth sophisticated-sounding justifications. Objections based on unfairness, real, or even merely perceived, are difficult to express without a tone of indignation, …


The Bankruptcy Of Nations: An Idea Whose Time Has Come, Ross P. Buckley Jan 2009

The Bankruptcy Of Nations: An Idea Whose Time Has Come, Ross P. Buckley

The International Lawyer

No abstract provided.


Defending The Constitution Under The Rule Of Law, Tassaduq Hussain Jillani Jan 2009

Defending The Constitution Under The Rule Of Law, Tassaduq Hussain Jillani

The International Lawyer

No abstract provided.


The Rule Of Law Legacy Of The House Of Lords Pinochet Judgments Jan 2009

The Rule Of Law Legacy Of The House Of Lords Pinochet Judgments

The International Lawyer

No abstract provided.


Three Challenges For Regulatory Networks, David Zaring Jan 2009

Three Challenges For Regulatory Networks, David Zaring

The International Lawyer

No abstract provided.


Front Matter Jan 2009

Front Matter

The International Lawyer

No abstract provided.


Understanding The Pari Passu Clause In Sovereign Debt Instruments: A Complex Quest, Rodrigo Olivares-Caminal Jan 2009

Understanding The Pari Passu Clause In Sovereign Debt Instruments: A Complex Quest, Rodrigo Olivares-Caminal

The International Lawyer

No abstract provided.


Implications Of Financial Liberalization In The Big States Of Asia For Regional Integration, Mamiko Yokoi-Arai Jan 2009

Implications Of Financial Liberalization In The Big States Of Asia For Regional Integration, Mamiko Yokoi-Arai

The International Lawyer

No abstract provided.


Transnational Legal Practice, Laurel S. Terry, Carole Silver, Ellyn Rosen, Jennifer Haworth, Carol A. Needham, Robert E. Lutz, Peter D. Ehrenhaft Jan 2009

Transnational Legal Practice, Laurel S. Terry, Carole Silver, Ellyn Rosen, Jennifer Haworth, Carol A. Needham, Robert E. Lutz, Peter D. Ehrenhaft

The International Lawyer

No abstract provided.


Corporate Governance Convergence: Lessons From The Indian Experience, Afra Afsharipour Jan 2009

Corporate Governance Convergence: Lessons From The Indian Experience, Afra Afsharipour

Northwestern Journal of International Law & Business

Over the past two decades, corporate governance reforms have emerged as a central focus of corporate law in countries across the development spectrum. Various legal scholars studying these reform efforts have engaged in a vigorous debate about whether globalization will lead to convergence of corporate governance laws toward one model of governance: namely the Anglo-American, dispersed shareholder model, or whether existing national characteristics will thwart convergence. Despite rapid economic growth and reforms in developing countries such as India, the legal literature discussing this debate primarily focuses on developed economies. This Article examines recent corporate governance reforms in India as a …


A Comparative Analysis Of Hedge Fund Regulation In The United States And Europe, George Sami Jan 2009

A Comparative Analysis Of Hedge Fund Regulation In The United States And Europe, George Sami

Northwestern Journal of International Law & Business

This comment will explore in depth the evolution of hedge fund regulation in the United States, and compare the current state of hedge fund regulation in the United States with that in Europe, specifically the United Kingdom, the European Union, and Germany. The comment is comprised of six sections. Section 11 provides an overview of hedge funds. Section III explores the evolution and current state of hedge fund regulation in the United States. Section IV provides an overview of the current regulatory framework of hedge funds in Europe, more specifically in the United Kingdom, the European Union, and Germany. Section …


Front Matter Jan 2009

Front Matter

Journal of International Business and Law

No abstract provided.


Compulsory Licenses: The Dangers Behind The Current Practice, Jamie Feldman Jan 2009

Compulsory Licenses: The Dangers Behind The Current Practice, Jamie Feldman

Journal of International Business and Law

No abstract provided.


Globalization And Developments In The Apportionment Of Jurisdiction Between Arbitrators And Courts Concerning International Commercial Arbitration, Pedro J. Martinez-Fraga, Rafael Domingo Osle Jan 2009

Globalization And Developments In The Apportionment Of Jurisdiction Between Arbitrators And Courts Concerning International Commercial Arbitration, Pedro J. Martinez-Fraga, Rafael Domingo Osle

Journal of International Business and Law

No abstract provided.


Economic Crisis And The Bric Countries, Walter Molano Jan 2009

Economic Crisis And The Bric Countries, Walter Molano

Journal of International Business and Law

No abstract provided.


The Cisg After Medellin V. Texas: Do U.S. Businesses Have It? Do They Want It?, Mark Cantora Jan 2009

The Cisg After Medellin V. Texas: Do U.S. Businesses Have It? Do They Want It?, Mark Cantora

Journal of International Business and Law

No abstract provided.


The International Accounting Debate: Options In Standardization, Keith Bader Jan 2009

The International Accounting Debate: Options In Standardization, Keith Bader

Journal of International Business and Law

No abstract provided.


Sarbanes-Oxley Writ Large: Sarbanes-Oxley And The Foreign Commerce Clause, Karl T. Muth Jan 2009

Sarbanes-Oxley Writ Large: Sarbanes-Oxley And The Foreign Commerce Clause, Karl T. Muth

Journal of International Business and Law

No abstract provided.


At The Intersection Of Global Economics And Politics, Dennis Keegan Jan 2009

At The Intersection Of Global Economics And Politics, Dennis Keegan

Journal of International Business and Law

No abstract provided.


Belhas V. Ya'alon: The Case For A Jus Cogens Exception To The Foreign Sovereign Immunities Act, Graham Ogilvy Jan 2009

Belhas V. Ya'alon: The Case For A Jus Cogens Exception To The Foreign Sovereign Immunities Act, Graham Ogilvy

Journal of International Business and Law

No abstract provided.


Unlikely Bedfellows: Feminist Theory And The War On Terror, Rachel Lorna Johnstone Jan 2009

Unlikely Bedfellows: Feminist Theory And The War On Terror, Rachel Lorna Johnstone

Chicago-Kent Journal of International and Comparative Law

No abstract provided.


Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih Jan 2009

Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih

Richmond Journal of Global Law & Business

No abstract provided.


Just Three Mistakes, John D. Altenburg Jr., Maj. Gen. Jan 2009

Just Three Mistakes, John D. Altenburg Jr., Maj. Gen.

Case Western Reserve Journal of International Law

No abstract provided.


Holding An Arsonist's Feet To The Fire? - The Legality And Enforceability Of The Icc's Arrest Warrant For Sudanese President Omar Al-Bashir, Lucas Buzzard Jan 2009

Holding An Arsonist's Feet To The Fire? - The Legality And Enforceability Of The Icc's Arrest Warrant For Sudanese President Omar Al-Bashir, Lucas Buzzard

American University International Law Review

No abstract provided.


International Judicial Affairs, Robert H. Alsdorf Jan 2009

International Judicial Affairs, Robert H. Alsdorf

The International Lawyer

No abstract provided.


Impact Of Terrorism On The Rule Of Law Jan 2009

Impact Of Terrorism On The Rule Of Law

The International Lawyer

No abstract provided.


Employment Law, Marjorie R. Culver, Nathan A. Schacht, Glenn S. Grindlinger, K. Lesli Ligorner, Andres Etgen Reitz, Philippe Deprès, Louise Bjellerup, Christopher Bracebridge, Setsuko Ueno, Juan Bonilla Jan 2009

Employment Law, Marjorie R. Culver, Nathan A. Schacht, Glenn S. Grindlinger, K. Lesli Ligorner, Andres Etgen Reitz, Philippe Deprès, Louise Bjellerup, Christopher Bracebridge, Setsuko Ueno, Juan Bonilla

The International Lawyer

No abstract provided.