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Articles 1 - 6 of 6
Full-Text Articles in Law
Infuturia Global Ltd. V. Sequus Pharmaceuticals, Inc.: The Breadth Of Removal Jurisdiction Under 9 U.S.C. § 205, Conor Burden Leonard
Infuturia Global Ltd. V. Sequus Pharmaceuticals, Inc.: The Breadth Of Removal Jurisdiction Under 9 U.S.C. § 205, Conor Burden Leonard
Golden Gate University Law Review
In Infuturia Global Ltd. v. Sequus Pharmaceuticals, Inc., the U.S. Court of Appeals for the Ninth Circuit analyzed the scope of federal removal jurisdiction over matters related to certain international arbitration agreements and awards. In doing so, the Ninth Circuit articulated a broad standard to determine whether a federal court is an appropriate forum to hear a dispute related to a foreign arbitration agreement or award. The Ninth Circuit interpreted the key language of the relevant provision to permit removal whenever there is an arbitral award or agreement that “could conceivably affect the outcome of the plaintiff’s suit.”
Overcoming Jurisdictional Obstacles To Feed-In Tariffs In The United States, John Perkins
Overcoming Jurisdictional Obstacles To Feed-In Tariffs In The United States, John Perkins
Golden Gate University Law Review
This Comment provides a brief survey of the current rules that delineate federal and state jurisdiction over electrical energy in the United States. Part II also discusses three important exceptions to these jurisdictional rules. This Comment then examines the FIT in the scheme of federal versus state jurisdiction. Part III discusses the value of the FIT and then analyzes the development of current jurisdictional rules that make state-law FITs untenable in the current legal landscape. Finally, Part IV proposes a solution in the form of a jurisdictional carve-out modeled on the Rural Electrification Act, an initiative that the federal government …
Requiring Exhaustion: An International Law Perspective Of The Alien Tort Claims Act In Sarei V. Rio Tinto, Steffanie Bevington
Requiring Exhaustion: An International Law Perspective Of The Alien Tort Claims Act In Sarei V. Rio Tinto, Steffanie Bevington
Golden Gate University Law Review
This Note will analyze the opinion of the three-judge panel of the Ninth Circuit regarding exhaustion of local remedies in Sarei. The panel majority concluded that the court could not read an exhaustion requirement into the ATCA "where Congress has declined to do so, and in an area of international law where the Supreme Court has called for the exercise of judicial caution rather than innovation." The Ninth Circuit has granted en banc rehearing in Sarei, and the matter remained pending as this Note went to press. However, regardless of whether the en banc panel can or should read an …
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
Golden Gate University Law Review
After a brief description of the relationship between foreign investment and the environment in Part II, the Article will describe the protection against expropriation provided by international agreements, briefly discussing bilateral investment agreements and then detailing the protection provided by NAFTA and the MAI in Part III. Part IV will then describe the challenges to environmental laws that have been brought under NAFTA's investment chapter. Next, Part V will examine the treatment of indirect expropriation under U.S. and international law. Part VI will demonstrate that, under NAFTA and international expropriation and environmental law, environmental measures should not normally give rise …
The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas
The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas
Golden Gate University Law Review
This article will first discuss the type of cooperation that MERCOSUR provides for negotiation of trade and environmental policies. Comparison with the NAFTA illustrates the limited range of MERCOSUR initiatives beyond trade policies and its defense within general inter-American development debates. Second, the article offers a profile of current Southern Cone environmental challenges. Third, the article lays out MERCOSUR's environmental policies and the paucity of progress made in adequately addressing those environmental challenges.
The Unidroit Convention: Attempting To Regulate The International Trade And Traffic Of Cultural Property, Monique Olivier
The Unidroit Convention: Attempting To Regulate The International Trade And Traffic Of Cultural Property, Monique Olivier
Golden Gate University Law Review
This Comment will begin by providing a background of the various types of art theft and the steps, including the UNESCO Convention, the US Cultural Property Implementation Act and the EC Directive and Regulation, that European countries and the United States have taken to curb the illicit trade in works of art. This Comment will then examine the recently enacted UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (hereinafter "UNIDROIT Convention") and discuss why art importing nations oppose it. This Comment will conclude that because the final draft of the UNIDROIT Convention contains many provisions that the museum community …