Law Commons^™

An Overview Of Outbound Foreign Investment, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

Application Of Customary International Law By U.S. Domestic Tribunals, Lori Fisler Damrosch

Faculty Scholarship

In recent years there has been a significant expansion of the number and kinds of cases in U.S. courts raising issues of customary international law. U.S. courts are increasingly asked to enforce international norms of behavior against foreign governments, state and local governments, and indeed the U.S. Government itself. To a greater and greater extent the courts themselves have become actors on the international scene: in the view of one party to a lawsuit, judicial or quasi-judicial acts may threaten to violate international law, while in the view of another party those same sorts of acts can contribute affirmatively to …

Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller

UC Law SF International Law Review

The prevention of "dumping"-selling products on the United States market at artificially low prices-has become a key issue in the international marketplace. The Antidumping Act of 1916 is designed to protect domestic industries from this predatory price discrimination by foreign firms, but this remedial provision has been invoked rarely. This Note analyzes a recent district court case that dismissed most of the plaintiffs' arguments brought under the Act, due to "minor" technical differences between the domestic and foreign products. The author concludes that the court's decision is contrary to Congressional intent and advocates the adoption of a flexible standard for …

The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak

UC Law SF International Law Review

Three recent circuit court decisions concluded that there is no right to a jury trial for a foreign sovereign-owned corporate entity under the Foreign Sovereign Immunities Act. The issue seems unsettled, however, due to a strong dissent in one of these cases and four contrary district court opinions. This Note argues that the circuit court cases were wrongly decided, not because of a misreading of congressional intent, but rather because the Foreign Sovereign Immunities Act violates the Seventh Amendment right to jury trial in civil cases. Furthermore, the circuit courts failed to properly distinguished between a foreign sovereign and its …

An Overview Of Outbound Foreign Investment, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

The Importance Of Tax Treaties, David S. Foster

UC Law SF International Law Review

No abstract provided.

The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer

UC Law SF International Law Review

No abstract provided.

An Examination Of The Provisions And Standards Of The Fcpa, Frederick B. Wade

Syracuse Journal of International Law and Commerce

Background for "Reason to Know." Examination of the Chaffee Bill.

Corporate Compliance With The Fcpa, Albert L. Beswick

Syracuse Journal of International Law and Commerce

American corporations have learned to live reasonably with, if not actually love, the Foreign Corrupt Practices Act. Congress is currently being told that there are things that need correcting in the Act. Congress will eventually face these problems rather seriously so that a bill in some form will amend some of the things wrong with the Act. It is doubtful that any business person of good faith thinks there is anything wrong with the theses behind the Act. Business has learned, to its benefit, to live with the requirements of the Act.

I.T.T. Code Of Corporate Conduct

Syracuse Journal of International Law and Commerce

This appendix is the text of the I.T.T. Code of Corporate Conduct. It explores the standards of conduct by Corporate Employees in their relations with Government Employees.

An Exercise In Judicial Restraint: Limiting The Extraterritorial Appplication Of The Sherman Act Under The Act Of State Doctrine And Sovereign Immunity, Joseph J. Wielebinski

Syracuse Journal of International Law and Commerce

When a legal dispute involving a foreign nation is submitted to a United States court, the adjudication of rights and liabilities may prove problematic. Two formidable barriers, the act of state doctrine and sovereign immunity, limit the court's ability to resolve disputes which question the legality of sovereign acts. The circumstances under which a United States court should exercise its jurisdiction to consider the merits of a claim involving the application of domestic law to the acts of a foreign sovereign remains a controversial issue.

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The Foreign Investment In Real Property Act Of 1980, Lisa B. Petkun

Penn State International Law Review (1982 - 2011)

For a number of years, foreign investors were able to invest in real property located in the United States and to avoid, to a great extent, the payment of United States income tax on the operating income from the property and on the gain realized upon the disposition of the property. However, with the enactment of the Foreign Investment in Real Property Tax Act of 1980 ("FIRPTA") the ability of foreigners to avoid the United States tax gains realized upon the sale of real property located in the United States has been greatly circumscribed. To accomplish this result, FIRPTA added …

The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte

Cleveland State Law Review

In 1981, the Supreme Court decided Dames & Moore v. Regan. According to the modest view of the majority opinion, the Dames & Moore case is not even a brick, with or without straw. As Justice Rehnquist stated for the Court: "We attempt to lay down no general 'guide-lines'...and attempt to confine the opinion only to the very questions necessary to the decision of the case." A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved …

United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …

Volume 14 Issue 1 (1982), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Private Party Protection Against Transnational Radiation Pollution Through Compulsory Arbitration: A Proposal, Ann Voorhees Bilingsley

Case Western Reserve Journal of International Law

No abstract provided.

Trigger Prices Under Floating Exchange Rates: A Dubious Experiment In Trade Policy, Gerhard Rosegger

Case Western Reserve Journal of International Law

No abstract provided.

Book Review, Joel Davidow

Vanderbilt Journal of Transnational Law

Book Review

Antitrust and American Business Abroad James Atwood and Kingman Brewster 2d ed. New York: McGraw-Hill Publishing Co., 1981. Two-volume text. Pp. 359 and 355.

Reviewed by Joel Davidow

International antitrust is one of the gourmet specialties on the menu of United States law. The combination of competition law, international law, and patent law, spiced with complex diplomatic and trade issues as well as a dash of foreign flavor, is irresistible to the connoisseur. The proof: even though few law schools offer a separate course in international antitrust law and few lawyers deal with the subject regularly, articles, hornbooks, …

Human Rights And The Free Flow Of Information, Lung-Chu Chen

Articles & Chapters

"Human Rights and the Free Flow of Information." This topic immediately raises three key questions: the appropriate conception of human rights; the scope and reach of freedom of information; and finally, the bearing of one upon the other.

International Copyright Law Applied To Computer Programs In The United States And France, Marie Francoise Gilbert

Loyola University Chicago Law Journal

No abstract provided.

The International Legal Status Of Foreign Government Deposits In Overseas Branches Of U.S. Banks, Robert B. Owen, Lori Fisler Damrosch

Faculty Scholarship

Political as well as economic forces can lead governments to default on their obligations to foreign banks. For example, the demand of the revolutionary government of Iran that the United States return he former Shah and his wealth to Iran and the subsequent seizure of American embassy personnel in Tehran on November 4, 1979, were political events which quickly resulted in a default on Iranian obligations to U.S. banks.

Following the embassy seizure, the status of the Iranian Government's huge deposits in overseas branches of U.S. banks quickly came into question. In an effort to coerce the United States to …

Protection Of The High Seas From Operational Oil Pollution: A Proposal, Barney T. Levantino

Fordham International Law Journal

The lack of an effective means of preventing oil pollution of the oceans is largely the result of international legal principles which ensure the free use of oceans. Compounding the problem is the fact that flag of convenience registry effectively insulates from regulatory control most vessels that pollute on the high seas, and results in the degredation of the marine environment. Flag of convenience ships are responsible for most operational oil pollution in the high seas which, rather than traumatic oil spills in coastal areas, poses the greatest threat to the environment. Conventions on the high seas currently in force …

The Territorial Exception To The Act Of State Doctrine: Application To French Nationalization, Carolyn B. Levine

Fordham International Law Journal

This Note reaches the contrary conclusion that the French nationalization of American subsidiaries fits within the territorial exception to the act of state doctrine.

Up In The Air Without A Ticket: Interpretation And Revision Of The Warsaw Convention, James K. Noble Iii

Fordham International Law Journal

This Note will examine the validity of the Convention's objective contract approach to defining "international transportation." Although the Convention's requirements will be discussed separately, the focus will be upon the "regulated contract" and the relationship between article 1 and article 3 of the Convention. The need for revising the Convention will be discussed and a proposal for a new definition of "international transportation" will be made.

V.S. Mani, International Adjudication: Procedural Aspects, Gerhard Wegen

Fordham International Law Journal

International Adjudication presents abundant material, particularly concerning the practice of early mixed claims commissions and tribunals. For that, it is commendable. It may prove significantly helpful for the developing practice of adjudication of claims between states and nationals of other states.

Recognizing The Need For International Exclusion Of Pleasure Craft From Limitation Of Liability Statutes, Charles D. Katz

Fordham International Law Journal

This Note explores the existing limitation laws followed in the United States and other countries and demonstrates that these laws have been applied unjustifiably to pleasure craft. It discusses the proposed limitation alternatives and their treatment of the pleasure craft limitation issue and offers a workable definition of pleasure craft, which can be used as a starting point for abolishing pleasure craft limitation of liability. This Note also discusses the inequities caused to claimants by international disparities in laws regarding pleasure craft limitation and the importance of uniform exclusion of pleasure craft from limitation schemes.

Foreign Intelligence Surveillance: Intelligence Gathering Of Prosecution?, Christine A. Burke

Fordham International Law Journal

This Note considers the permissible uses of information secured through a FISA surveillance in light of the fourth amendment issue raised by Falvey. It concludes that when information is sought for purposes of national security or foreign affairs, the nature of the investigation and the compelling government interest in obtaining the information require fourth amendment standards in some respects different and lower than in ordinary criminal investigations.

Attachment Prior To The Enforcement Of International Arbitral Awards Under The New York Convention, Peter J. Fitzpatrick

Fordham International Law Journal

This Note will analyze the court of appeals decision in Cooper v. Ateliers de la Motobecane, S.A.,and examine the usefulness and suitability of permitting attachments pending arbitration proceedings.