Law Commons^™

Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland

UC Law SF International Law Review

To what extent does the National Environmental Policy Act (NEPA) govern transnational exchanges particularly in the area of commercial nuclear exports? In this article, the author details the theoretical and practical integration of various statutory mandates in a search for a coherent United States policy regarding nuclear exports and environmental protection. NEPA and the Nuclear Non-Proliferation Act of 1978 are of special interest in understanding to what extent United States licensing criteria should include examination of foreign environmental impacts.

The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy

UC Law SF International Law Review

Senate Bill 144 is designed to "encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally." The author briefly discusses the current state of the law and the need for an amendment of the Webb-Pomerene Act. The provisions of S. 144 are compared with the Webb Pomerene Act and the article concludes with a discussion of the potential ramifications of the proposed legislation.

Copyright Protection For Firmware: An International View, Amy Pierson Bates

UC Law SF International Law Review

The author discusses methods of protecting computer firmware from competitors. The Note focuses on patent, copyright, trade secret, and other forms of protection in Japan, West Germany, and the United States. In particular the author discusses the terms of several present and proposed international agreements to provide protection for computer firmware.

Supra-National Judicial Decisions And National Courts, Hermann Mosler

UC Law SF International Law Review

International judicial decisions have been gaining increasing importance, and there is a trend in favor of the application of international law in the national sphere of jurisdiction. Justice Mosler of the International Court of Justice discusses at length the various supra-national courts of universal, regional, and specialized jurisdiction. The Article continues with an analysis of the relationship between national and supra-national courts, forms of supra-national judgments, and the effect of these judgments on the national judiciary of the states party to the action and on non-party states. Finally, the relevance of multilateral treaty systems to the enforcement of international judgments …

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

Scholarly Works

In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …

Comments On Judge Oda's Approach To The Common Heritage Of Mankind, G. Winthrop Haight

NYLS Journal of International and Comparative Law

No abstract provided.

"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.

Faculty Scholarship

Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?
—Edward, First Baron Thurlow 1731-1806

The Lord Chancellor of England quoted above was neither the first nor the last judge to experience frustration when faced with a convicted corporation. American sentencing judges are likely to face a similar dilemma with increasing frequency in the near future, for a number of signs indicate that corporate prosecutions will become increasingly commonplace. At first glance, the problem of corporate punishment seems perversely insoluble: moderate fines do not deter, …

The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck

UC Law SF International Law Review

The trend of criminal law reform must be examined against the changing attitudes towards crime. This perspective views crime as a display of social conflict which can be resolved through criminal law sanctions. The Article discusses how comparative law is a backdrop for the reform movement on the international, regional, and individual institutional levels. The significance of comparative law is illustrated throughout by specific examples of reform on each level.

Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador

UC Law SF International Law Review

Growth in the appellate caseload in the United States has caused a substantial increase in the number of judges and decisional units within a given appellate system. The author notes that a new judicial structure and procedure may be necessary to accommodate this growth. One possible solution is subject matter organization of the courts, a system used in the Federal Republic of Germany. The Article outlines the West, German judicial system, and explains in detail the administration of subject matter organization on the appellate level. The author concludes with a discussion on the possibility of using the German model as …

French Codification Of A Legal Framework For International Commercial Arbitration, W. Laurence Craig, William W. Park, Jan Paulsson

Faculty Scholarship

Resolution of a dispute arising under an international commercial contract frequently has been plagued with uncertainty regarding applicable substantive and procedural law. These problems are not necessarily solved by the presence of an arbitration clause in the contract. In the absence of a clearly defined arbitral system, the parties can not be certain of the rules regarding the arbitral procedure or the recognition and enforcement of arbitral awards. By enacting a decree that specifically applies to international commercial arbitration, France has recently taken a major step toward resolving the uncertainties surrounding the resolution of international commercial disputes. The authors analyze …

A Canadian Perspective On Direct Broadcast Satellites And The New World Information And Communication Order, Gabriel Warren

Syracuse Journal of International Law and Commerce

The author offers a Canadian perspective on direct broadcast satellites and the new world information and communication order.

Putting The Genie Back Into The Bottle: U.S. Controls Over Sensitive Nuclear Technology, Richard C. Ausness

Law Faculty Scholarly Articles

The linkage between the peaceful uses of nuclear energy and weapons development is a complex one; therefore, this article presents both sensitive nuclear technology and the nature of nuclear proliferation in some detail before proceeding to a critique of the current American policy. Accordingly, Part II describes causes of proliferation, uranium enrichment and fuel reprocessing technology, and nuclear proliferation pathways. Part III examines the international safeguards regime, including the Nuclear Non-Proliferation Treaty and the Nuclear Suppliers’ Guidelines. Part IV summarizes the statutory basis for the current U.S. policy, the Nuclear Non-Proliferation Act of 1978, while Part V evaluates this policy …

Review Of International Product Liability, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Next Decade In Latin America: Anticipating The Future From The Past, Robert J. Radway

Case Western Reserve Journal of International Law

No abstract provided.

The Oas And The Quest For International Cooperation: American Vision Or Mirage, L. Ronald Scheman

Case Western Reserve Journal of International Law

No abstract provided.

Equal Citizenship, Self-Determination, And The U.S. Statehood Process: A Constitutional And Historical Analysis, Luis R. Davila-Colon

Case Western Reserve Journal of International Law

No abstract provided.

Consensual Merger As A Means Of State Succession And Its Relation To Treaty Obligations, Ronald J. Klein

Case Western Reserve Journal of International Law

No abstract provided.

Unauthorized Duplication Of Sound Recordings: Transnational Problem In Search Of A Solution, Vassilios C. Gatzimos

Vanderbilt Journal of Transnational Law

Recent estimates place the global recording industry's losses to pirates, counterfeiters, and bootleggers at $1.5 billion annually, and losses due to home taping at over $2 billion annually. Even in a thriving industry, these losses are staggering. The purpose of this Note is to survey the scope of the problem of unauthorized duplication of sound recordings and to examine international and national efforts by governments and the recording industry to eradicate this problem.

A Critique Of Proposed Amendments To The Immigration And Nationality Act, Michael F. Turansick

Fordham International Law Journal

Part I of this Note will briefly examine the history of United States immigration policy, highlighting major legislation, to illustrate the increasingly complex and restrictive approach adopted by the United States toward aliens. Part II will focus on the predecessors of the proposed guest worker program, the "Bracero" program and, to a lesser extent, the "H-2" program. Part III will present a critical review of the President's guest worker program and its legislative counterparts in greater detail underscoring their similarities and differences. Finally, Part IV will posit some conclusions concerning the President's program and offer suggestions for improvement.

Defining Jurisdictional Limits In International Antitrust: Should The Eec Adopt The Timberlane Approach?, Eric L. Gilioli

Fordham International Law Journal

The far reach of United States antitrust laws has been a source of considerable irritation to many allies of the United States. There is a proceeding by the Commission of the European Communities against International Business Machines Corporation (IBM). IBM has argued that the Commission must use a balancing test of state interests when deciding the case. However, this would involve changing the EEC's methods of evaluating its jurisdiction over conduct abroad. This Comment discusses whether such a change is desireable by 1) examing the principle as it evolved in the United States, 2) the EEC's current practice in such …

Forum Non Conveniens: Standards For The Dismissal Of Actions From United States Federal Courts To Foreign Tribunals, James D. Yellen

Fordham International Law Journal

Part I of this Note will develop and summarize the historical backdrop of the doctrine of forum non conveniens. Part II will analyze the legislative and judicial development of the doctrine during the last fifty years. Part II will discuss the Reyno decision and the proper weight to be accorded the citizenship and the forum choice of the plaintiff. Included in the latter inquiry is a discussion of the extent to which the plaintiff's prospects of recovery in a particular case should control the outcome of the defendant's motion to dismiss. In conclusion, Part IV will evaluate the impact of …

Preponderance Of The Evidence: An Ineffective Burden Of Proof In Expatriation Proceedings, Robert Elliot Fuller

Fordham International Law Journal

This Comment will review the recent history of evidentiary standards in expatriation proceedings. The Comment will also analyze the views espoused by the Supreme Court in the Terrazas opinion regarding the use of the preponderance standard in light of constitutional limitations on congressional power and the standard's effectiveness in preventing forcible denationalization. Finally, the propriety of the alternative clear, convincing and unequivocal evidence standard will be briefly examined.

International Choice Of Law: A Proposal For A New "Enclave" Of Federal Common Law, Yvonne Marcuse

Fordham International Law Journal

This Comment examines the need and authorization for federal common law of international choice of law in view of current conflicts law and theory. Part I reviews the types of conflicts laws in use today. Part II discusses federal common law as it has developed in the area of international relations and as it might apply to conflict of laws. Part III proposes the adoption of federal common law in international conflict of laws and also discusses the option of legislative implementation of the federal full faith and credit statute. A model is introduced for the proposed federal common law …

Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen

Articles & Chapters

No abstract provided.

A Proposed Fishery Conservation And Management Act For The Republic Of China, Joseph W. Dellapenna, Ar-Young Wang

Fordham International Law Journal

This article has two parts. It begins with the text of the proposed (fishery) act. Following the text is a brief section-by-section analysis of the proposed act.

United States-Japan Trade Developments Under The Mtn Agreement On Government Procurement, Dayne Kono

Fordham International Law Journal

This Note examines the Government Procurement Code and its impact on United States-Japan trade relations. It begins with a summary of discriminatory procurement practices previously permitted by the United States and Japan, followed by a brief history of the Code. The Note then addresses the Code's operative mechanisms and its effect on United States and Japanese procurement practices. Finally, it considers the NTT Agreement as an illustration of the Code's potential for opening the Japanese market to foreign suppliers.

Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane

Fordham International Law Journal

Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part II will examine the rationale underlying the Kent v. Dulles decision. Finally, Part III will focus on the Supreme Court's treatment of the issues presented in Haig v. Agee and will explore the effects of the Court's decision on first and fifth amendment rights.

Remarks Delivered On The Occasion Of The Fordham-Stein Dinner Award October 21, 1981, Warren Christopher

Fordham International Law Journal

Mr. Christopher dicusses the three key external factors in the success that were achieved during the Carter Administration. They are people, process and a profession.

Judicial Review Of Arbitral Proceedings, Joseph C. Sweeney

Fordham International Law Journal

This paper will examine judicial review of the arbitration process from the viewpoint of the arbitrator, who is professionally interested in careful and fair procedures leading to an award that will not be overturned by the courts. The principle area of study will be the maritime arbitrations to which the Federal Arbitration Act (the statute) applies to.

Roadblock To Trade: The State-Controlled Economy Issue In Antidumping Law Administration, Donald L. Cuneo, Charles B. Manuel, Jr.

Fordham International Law Journal

This article will review and analyze the background of the SCE provisions, the operation and limitations of the current law as evidenced by recent cases, and the proposed legislation currently before Congress.