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Full-Text Articles in Law

Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan Jan 1982

Modifying The Foreign Corrupt Practices Act: The Search For A Practical Standard, John W. Duncan

Northwestern Journal of International Law & Business

This comment will examine the Senate's proposed amendment to the FCPA, taking into consideration the resulting economic, political, and moral burdens. The first section reviews criticisms of the FCPA's accounting and anti-bribery provisions. The following section analyzes whether and how the Business Practices and Records Act (BPRA) addresses the FCPA's shortcomings. in addition, this comment discusses possible effects of the Senate's proposal on the possibility of a multilateral agreement on corrupt payments to foreign officials, and on purely private transactions.


Fedorenko V. United States: A New Test For Misrepresentation In Visa Applications, Patricia A. Binder Jan 1982

Fedorenko V. United States: A New Test For Misrepresentation In Visa Applications, Patricia A. Binder

North Carolina Journal of International Law

No abstract provided.


Application Of Margin Rules To Tender Offers By Foreign Investors, John J. Sullivan Jan 1982

Application Of Margin Rules To Tender Offers By Foreign Investors, John J. Sullivan

North Carolina Journal of International Law

No abstract provided.


The Enforcement Of Arbitration In International Commercial Disputes: I.T.A.D. Associates, Inc. V. Podar Brothers, Katherine Hagen Sebo Jan 1982

The Enforcement Of Arbitration In International Commercial Disputes: I.T.A.D. Associates, Inc. V. Podar Brothers, Katherine Hagen Sebo

North Carolina Journal of International Law

No abstract provided.


Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye Jan 1982

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.


Recent Decision, Duane A. Wilson Jan 1982

Recent Decision, Duane A. Wilson

Vanderbilt Journal of Transnational Law

The Fifth Circuit Court of Appeals has taken the instant opportunity to write an essay on the law of search and seizure on the high seas. Applying Ramsey, the majority found authority for the Coast Guard action, either under section 89(a) or through the consent of the Panamanian Government. Although both conclusions are open to dispute, the major question arises from the court's analysis of the constitutionality of the Coast Guard action. While a firm resolution of the confusion engendered by previous conflicting Fifth Circuit decisions is certainly desirable, the instant court's resolution fails to provide necessary analytical clarity. Judge …


Books Received, Law Review Staff Jan 1982

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

International Regulation of Internal Resources By Mahnoush H. Arsanjani Charlottesville: University Press of Virginia,1981. Pp. 558. $37.50.

ANTITRUST AND AMERICAN BUSINESS ABROAD By James R. Atwood and Kingman Brewster, 2nd ed. Colorado Springs: Shepard's/Mc-Graw-Hill, 1981. Pp. 359 and 355.

FAMILY VIOLENCE: AN INTERNATIONAL AND INTERDISCIPLINARY STUDY By John M. Eekelar and Sanford N. Katz Toronto: Butterworth's, 1978. Pp. 572.

THE ARAB STATES AND THE PALESTINE CONFLICT By Barry Rubin Syracuse: Syracuse University Press, 1981. Pp. 298. $22.00.

THE KURDISH QUESTION IN IRAQ By Edmund Ghareeb Syracuse: Syracuse University Press, 1981. Pp. 223. $22.00.

THE CAMBRIDGE LECTURES Edited by Derek Mendes …


Case Digest, Law Review Staff Jan 1982

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

A Cargo Container Used to Ship Packaged Units is not a "Package" for Purposes of Limiting the Carrier's Liability for Loss under COSGA

Exemption from Compulsory Military Service will not Act as a Bar to Citizenship for an Alien if the Classification was later Changed to Make Him Eligible to Serve

Indeterminate Detension of an Excludable Alien in a Maximum Security Prison, Pending Unforeseeable Deportation, violates International Law

Patentholders do not Violate Antitrust Laws by Licensing only Foreign Patents even though the Patent Dependency created Limits Domestic Competition

Arbitral Tribunal lacks Jurisdiction to Hear the Claims of a Corporation Qualifying …


Recent Decisions, Daniel M. Fitzpatrick, William F. Buechler Jan 1982

Recent Decisions, Daniel M. Fitzpatrick, William F. Buechler

Vanderbilt Journal of Transnational Law

Executive Power--President Has the Power to Block and Transfer Iranian Assets, Nullify Prejudgment Attachments, and Suspend Claims of United States Nationals in Implementing Executive Agreement for Release of Hostages

Petitioner sued the United States and the Secretary of the Treasury to enjoin enforcement of Treasury Department regulations and executive orders implementing an executive agreement with Iran that would nullify petitioner's prejudgment attachment of Iranian bank assets and prevent further litigation of its claim against Iran. The events leading up to this suit are relevant to a discussion of the legal issues.


Book Reviews, Jorge L. Carro, David S. Clark, Burns H. Weston Jan 1982

Book Reviews, Jorge L. Carro, David S. Clark, Burns H. Weston

Vanderbilt Journal of Transnational Law

El Conflicto Honduras-El Salvador y El Orden Juridico Internacional --

On July 14, 1969, the armed forces of El Salvador invaded Honduras... This book provides an almost hourly account of the events preceding the conflict, the war plans executed before the conflict started, the initiation of Inter-American System machinery for settling disputes, the heated discussions among the representatives of the different nations of the OAS, and the consequences of the war itself. Also included is the necessary background on the political and economic conditions prevailing in both countries before the war and a thorough analysis of what "role law and …


The Israeli Aerial Attack Of June 7, 1981 Upon The Iraqi Nuclear Reactor: Aggression Or Self-Defense?, W. Thomas Mallison, Sally V. Mallison Jan 1982

The Israeli Aerial Attack Of June 7, 1981 Upon The Iraqi Nuclear Reactor: Aggression Or Self-Defense?, W. Thomas Mallison, Sally V. Mallison

Vanderbilt Journal of Transnational Law

On June 7, 1981, the State of Israel conducted an aerial attack on the Iraqi nuclear reactor known as Tamuz I located near Baghdad. The attack was carried out by F15 and F16 aircraft supplied by the United States. The reactor was damaged severely and three Iraqi civilians and one French technician were killed. On June 8 Israel announced the attack and described it as an act of legitimate self-defense, claiming Iraq planned to construct nuclear weapons. On the same day the Republic of Iraq requested an urgent meeting of the United Nations Security Council to consider what it described …


Book Reviews, Journal Staff Jan 1982

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Israel and Palestine--Assault on the Law of Nations by Julius Stone.

Baltimore: The John Hopkins University Press. 1981. Pp.223. $17.50.

Reviewed by Barry Hart Dubner

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Treatise on Air--Aeronautical Law. Nicolas Mateesco Matte.

Toronto: The Carswell Co. Ltd., Pp. 832.

Reviewed by John M. Lindsey


Comment, “Foreign Antitrust Violations And The Act Of State Doctrine”, Michael Roffer Jan 1982

Comment, “Foreign Antitrust Violations And The Act Of State Doctrine”, Michael Roffer

Articles & Chapters

No abstract provided.


Table Of Cases, North Carolina Journal Of International Law And Commercial Regulation Jan 1982

Table Of Cases, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.


Table Of Contents - Issue 1, North Carolina Journal Of International Law And Commercial Regulation Jan 1982

Table Of Contents - Issue 1, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.


Imperatives Of International Finance, Joel J. Karp Jan 1982

Imperatives Of International Finance, Joel J. Karp

North Carolina Journal of International Law

No abstract provided.


An Examination Of The O.E.C.D. And U.N. Model Tax Treaties: History, Provisions And Application To U.S. Foreign Policy, Donald. R. Whittaker Jan 1982

An Examination Of The O.E.C.D. And U.N. Model Tax Treaties: History, Provisions And Application To U.S. Foreign Policy, Donald. R. Whittaker

North Carolina Journal of International Law

No abstract provided.


Bernina Distributors, Inc. V. Bernina Sewing Machine Co.: New Grounds For Commercial Impracticability Based On Currency Exchange Rates Under Uniform Commercial Code Secion 2-615, Laura Stevenson Conrad Jan 1982

Bernina Distributors, Inc. V. Bernina Sewing Machine Co.: New Grounds For Commercial Impracticability Based On Currency Exchange Rates Under Uniform Commercial Code Secion 2-615, Laura Stevenson Conrad

North Carolina Journal of International Law

No abstract provided.


Duties And Powers Respecting Foreign Crimes, Daniel H. Derby Jan 1982

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

Scholarly Works

No abstract provided.


Conditioning U.S. Security Assistance On Human Rights Practices, Stephen B. Cohen Jan 1982

Conditioning U.S. Security Assistance On Human Rights Practices, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

In the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of I he officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and …


The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar Jan 1982

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Reflections On Unclos Iii, Kazimierz Grzybowski Jan 1982

Reflections On Unclos Iii, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman Jan 1982

International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Application Of International Human Rights Law By Canadian Courts, John Claydon Oct 1981

The Application Of International Human Rights Law By Canadian Courts, John Claydon

Buffalo Law Review

No abstract provided.


Unctad Transfer Of Technology Code Negotiations: West And East Against The Third World, Martin Feinrider Oct 1981

Unctad Transfer Of Technology Code Negotiations: West And East Against The Third World, Martin Feinrider

Buffalo Law Review

No abstract provided.


Book Review Of Medical Malpractice Law: A Comparative Law Study Of Civil Responsibility Arising From Medical Care, Paul Marcus Oct 1981

Book Review Of Medical Malpractice Law: A Comparative Law Study Of Civil Responsibility Arising From Medical Care, Paul Marcus

Faculty Publications

No abstract provided.


Administrative Detention In Israel And The Occupied Territories, Richard Gladstein Sep 1981

Administrative Detention In Israel And The Occupied Territories, Richard Gladstein

Antioch Law Journal

Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …


The Emerging Role Of The Court Of Customs & Patent Appeals In Import Regulation: Astrasjuco, A.B. V. U.S. International Trade Commission, Shelley M. Goldstein Jul 1981

The Emerging Role Of The Court Of Customs & Patent Appeals In Import Regulation: Astrasjuco, A.B. V. U.S. International Trade Commission, Shelley M. Goldstein

North Carolina Journal of International Law

No abstract provided.


The Law Of The Sea Conference And Development: Food And Energy Resources, Bernard H. Oxman Jul 1981

The Law Of The Sea Conference And Development: Food And Energy Resources, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.


Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation Jul 1981

Table Of Contents - Issue 3, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.