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Veil Piercing And Successor Liability In The United Kingdom, Dan D. Prentice Jun 2022

Veil Piercing And Successor Liability In The United Kingdom, Dan D. Prentice

Florida Journal of International Law

This article addresses some of the issues raised in the hypothetical that formed the focus of the discussion at the Florida Journal of International Law’s Fourth Annual International Business Symposium.


United States Extraterritorial Subject Matter Jurisdiction In Securities Fraud Litigation, Michael Wallace Gordon Jun 2022

United States Extraterritorial Subject Matter Jurisdiction In Securities Fraud Litigation, Michael Wallace Gordon

Florida Journal of International Law

No abstract provided.


Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip I. Blumberg Jun 2022

Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip I. Blumberg

Florida Journal of International Law

This article commences with an attempt to delineate the various forms that the concepts of control and shared control can assume in any given case. It then examines shared control as a subset of the larger doctrine of control. After exploring the use of control as the primary legal standard, this article seeks to ascertain the light, if any, cast by the available materials in various contexts involved on the significance of shared control. It concludes that shared control appears to serve as a basis for liability under enterprise purposes only in a limited area and that the prospects for …


The Contnuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip I. Blumberg Jun 2022

The Contnuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip I. Blumberg

Florida Journal of International Law

No abstract provided.


Should Florida Be A "Courthouse For The World?": The Florida Doctrine Of Forum Non Conveniens And Foreign Plaintiffs, Christine Russell Jun 2022

Should Florida Be A "Courthouse For The World?": The Florida Doctrine Of Forum Non Conveniens And Foreign Plaintiffs, Christine Russell

Florida Journal of International Law

No abstract provided.


Civil Procedure: The Recognition Of Hong Kong As A Foreign State For Purposes Of Diversity, Peter Lam Jun 2022

Civil Procedure: The Recognition Of Hong Kong As A Foreign State For Purposes Of Diversity, Peter Lam

Florida Journal of International Law

No abstract provided.


Keep Your Filthy Hands Off My Painting! The Visual Artists Rights Act Of 1990 And The Fifth Amendment Takings Clause, Chintan Amin Jun 2022

Keep Your Filthy Hands Off My Painting! The Visual Artists Rights Act Of 1990 And The Fifth Amendment Takings Clause, Chintan Amin

Florida Journal of International Law

No abstract provided.


Defamation Of Public Figures: Is New York Times Outdated?, Michael S. Grimsley Jun 2022

Defamation Of Public Figures: Is New York Times Outdated?, Michael S. Grimsley

Florida Journal of International Law

The balancing of freedom of speech and the protection of personal reputation has been the subject of litigation for many years. The law of defamation of public figures was finally settled by the United States Supreme Court in 1964 with its landmark holding in New York Times v. Sullivan. In New York Times, Justic Brennan held that public officials could recover for defamation only upon showing that their defamers knew or should have known that their statements were false. This standard has been upheld for over thirty years. Recently, however, the ruling in New York Time has been …


Iso 14000: Emerging International Environmental Law, Donna Solen Jun 2022

Iso 14000: Emerging International Environmental Law, Donna Solen

Florida Journal of International Law

Part II of this note explores the history of ISO 14000, including events leading to ISO 14000, such as its predecessor ISO 9000, and other environmental management systems in place in the European Union, Great Britian, and the United States. This note also covers the important elements of ISO 14001, which is the Draft International Standard, and the history of the debates that occurred in forming this and other standards. In part IV, the implications of ISO 14000 for business, industry, and the history of the debates that occurred in forming this and other standards. In part IV, the implications …


Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—Introductory Remarks, Ken Curtin, Barry A. Currier Jun 2022

Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—Introductory Remarks, Ken Curtin, Barry A. Currier

Florida Journal of International Law

No abstract provided.


Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—Nationality, Veil Piercing, And Successor Liability, Michael Wallace Gordon, Phillip I. Blumberg, Dan D. Prentice Jun 2022

Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—Nationality, Veil Piercing, And Successor Liability, Michael Wallace Gordon, Phillip I. Blumberg, Dan D. Prentice

Florida Journal of International Law

No abstract provided.


Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—The Hypothetical Problem, Micheal Wallace Gordon Jun 2022

Proceedings Fourth Annual International Business Law Symposium: Multinational Corporations And Cross Border Conflicts: Nationality, Veil Piercing, And Successor Liability—The Hypothetical Problem, Micheal Wallace Gordon

Florida Journal of International Law

No abstract provided.


The Proposed Florida Nonindigenous Species Statute: A Salvation For The Lacey Act, Shannon K. Baruch Jun 2022

The Proposed Florida Nonindigenous Species Statute: A Salvation For The Lacey Act, Shannon K. Baruch

Florida Journal of International Law

Part II of this note looks at the consequences associated with the introduction of injurious NIS. Part III examines the legal background of, and the authority for, the proposed Florida NIS statute in terms of its constitutionality and as legislation in aid of the Florida Game and Freshwater Fish Commission (FGFFC) and the citizens suit enforcement provision of the statute. Part IV discusses the impact of the proposed NIS statute on interstate commerce in terms of the doctrine of nondiscrimination, state economic protectionism, and the market-participant doctrine, as applied to the introduction and management of exotic species in Florida. Part …


European Law And Public Utility Open Access, Alexander J. Black Jun 2022

European Law And Public Utility Open Access, Alexander J. Black

Florida Journal of International Law

European Union (EU) development of the Internal Energy Market is imminent. This article discusses open access in the European gas industry, which is closely following the 1997 progress in the electricity sector. Once the rules are completed, the federal-like Internal Energy Market will promote allocative efficiency and a secure supply of energy. It will coordinate licensing, rate setting, and dispute resolution procedures and provide transparent commodity and transportation rates. Re-regulation will courage lower prices and increased benefits for energy users.

Part II describes structural characteristics of the Internal Energy Market, identifies major environmental and security of supply concerns, and discusses …


Simultaneous Breakout Sessions, William P. Andrews, Jeffrey Snyder, John H. Rooney Jun 2022

Simultaneous Breakout Sessions, William P. Andrews, Jeffrey Snyder, John H. Rooney

Florida Journal of International Law

No abstract provided.


Structuring Direct And Indirect Investment In Latin America: Country Updates, William P. Andrews, Ricardo Seeber, Jose Maria Eyzaguirre, Saturnino Lucio, Willy Morgan Jun 2022

Structuring Direct And Indirect Investment In Latin America: Country Updates, William P. Andrews, Ricardo Seeber, Jose Maria Eyzaguirre, Saturnino Lucio, Willy Morgan

Florida Journal of International Law

No abstract provided.


Unique Opportunities And Challenges: Country Updates, Tony Santos, Leo Strauss, L. Janá Sigars, Ricardo Cata, Mirko Schlossberg, Esther Nunes, Antoinette Zel, Mark Cowan Jun 2022

Unique Opportunities And Challenges: Country Updates, Tony Santos, Leo Strauss, L. Janá Sigars, Ricardo Cata, Mirko Schlossberg, Esther Nunes, Antoinette Zel, Mark Cowan

Florida Journal of International Law

No abstract provided.


Trade With Latin America: Considerations In Export Trade, Bruce Horowitz, L. Janá Sigars, Eduardo Wiesner, Peter Alois, John Biehl, Ariel Bentata Jun 2022

Trade With Latin America: Considerations In Export Trade, Bruce Horowitz, L. Janá Sigars, Eduardo Wiesner, Peter Alois, John Biehl, Ariel Bentata

Florida Journal of International Law

No abstract provided.


Proceedings Of The Eighth Annual Conference On Legal Aspects Of Doing Business In Latin America: Developing Strategies, Alliances, And Markets—Introduction, L. Janá Sigars, Ambler Moss Jun 2022

Proceedings Of The Eighth Annual Conference On Legal Aspects Of Doing Business In Latin America: Developing Strategies, Alliances, And Markets—Introduction, L. Janá Sigars, Ambler Moss

Florida Journal of International Law

No abstract provided.


A Handshake Not A Hand-Out: Extending Nafta Parity To Textile Imports From The Caribbean Basin Countries, J.T. O'Neal Jun 2022

A Handshake Not A Hand-Out: Extending Nafta Parity To Textile Imports From The Caribbean Basin Countries, J.T. O'Neal

Florida Journal of International Law

This comment addresses why the United States should extend NAFTA tariff parity on textile and apparel imports to CBERA countries and why the United States should condition such extension to advance its trade interests in the region.


Women's Right To Equal Pay In The International Workplace: Is The United States A Poor Leader And A Poor Follower?, Cynthia Reddick-Martin Jun 2022

Women's Right To Equal Pay In The International Workplace: Is The United States A Poor Leader And A Poor Follower?, Cynthia Reddick-Martin

Florida Journal of International Law

This note addresses the comparative positions of women in the United States and in Europe in the area of equal pay and comparable worth. Part one describes legislation in the United States, including the legislative histories of the Equal Pay Act and Title VII. Part two discusses the U.S. Supreme Court’s interpretation of the Equal Pay Act and Title VII. Part three describes the legislation in the EU, including the legislative histories of Article 119 and Equal Pay Directive 75/115. Part four discusses the ECJ’s interpretation of Article 119 and the Equal Pay Directive. Part five addresses how the United …


International Trade And Foreign Investment In Colombia: A Sound Economic Policy Amidst Crisis, David J. Pascuzzi Jun 2022

International Trade And Foreign Investment In Colombia: A Sound Economic Policy Amidst Crisis, David J. Pascuzzi

Florida Journal of International Law

No abstract provided.


Cuba: An Economy In Transition?, Raul Moncarz, Leonardo Rodriguez Jun 2022

Cuba: An Economy In Transition?, Raul Moncarz, Leonardo Rodriguez

Florida Journal of International Law

This article is about an island in the Caribbean that is only ninety miles from the United States. This article is about Cuba where a totalitarian regime has charted that country’s economic course for the last thirty-six years. It discusses the legal, economic, moral, and ethical alternatives faced by foreign corporations and individuals considering investment in Cuba.


Expanding The Frontiers Of Humnitarian Law: The International Criminal Tribunal For Rwanda, Paul J. Magnarella Jun 2022

Expanding The Frontiers Of Humnitarian Law: The International Criminal Tribunal For Rwanda, Paul J. Magnarella

Florida Journal of International Law

In 1994, Rwanda erupted into one of the most appalling cases of genocide that the world has witnessed since World War II. The United Nations (UN) Security Council, having recently created an international criminal tribunal for humanitarian law violators in the European States of the former Yugoslavia, decided it could do no less for African Rwanda. Since the Rwandan conflict was internal rather than international, the statute for its tribunal complements rather than replicates that of its Yugoslavian counterpart. Because the statute for the International Criminal Rwandan Tribunal (ICTR) contains a number of legal innovations, it will contribute significantly to …


Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—Introductory Remarks, Richard Lyons, Jeffrey Lewis Jun 2022

Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—Introductory Remarks, Richard Lyons, Jeffrey Lewis

Florida Journal of International Law

No abstract provided.


Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—Cuban Legal Evolution: Encouraging Foreign Trade And Investment, Michael Wallace Gordon, Luis M. Santana, Leonardo Rodriguez, Pedro Monreale, Raul Moncarz, Tatiana Camacho, Jorge Rodriguez-Chomat Jun 2022

Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—Cuban Legal Evolution: Encouraging Foreign Trade And Investment, Michael Wallace Gordon, Luis M. Santana, Leonardo Rodriguez, Pedro Monreale, Raul Moncarz, Tatiana Camacho, Jorge Rodriguez-Chomat

Florida Journal of International Law

No abstract provided.


Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—The Hypothetical Problem, Michael Wallace Gordon Jun 2022

Third Annual International Business Law Symposium: Cuban Legal Evolution: Encouraging Foreign Trade & Investment—The Hypothetical Problem, Michael Wallace Gordon

Florida Journal of International Law

No abstract provided.


Forum Non Conveniens And The International Plaintiff, Donna Solen Jun 2022

Forum Non Conveniens And The International Plaintiff, Donna Solen

Florida Journal of International Law

This comment examines the existing doctrine of forum non conveniens. Its history in both federal and state doctrines, and the development to its present form is discussed first. Policy issues and factors used when determining applicability of forum non conveniens will be analyzed in light their effectiveness. Finally, this comment predicts where the doctrine is headed, and the potential future problems.


Nafta: The Best Friend Of An Intellectual Property Right Holder Can Become Better, Neil Jetter Jun 2022

Nafta: The Best Friend Of An Intellectual Property Right Holder Can Become Better, Neil Jetter

Florida Journal of International Law

No abstract provided.


Constitutional Law: Due Process And Commerce Clause Concerns In State Taxation Of Multinational Corporations In Wake Of The Barclays Case, Beverly L. Hayes Jun 2022

Constitutional Law: Due Process And Commerce Clause Concerns In State Taxation Of Multinational Corporations In Wake Of The Barclays Case, Beverly L. Hayes

Florida Journal of International Law

No abstract provided.