Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Law

Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley Nov 1992

Loan Guarantees, Israeli Settlements, And Middle East Peace, John Quigley

Vanderbilt Journal of Transnational Law

Professor Quigley questions whether the United States should guarantee loans for Israel in light of Israel's continued occupation of the West Bank. The author believes that Israel's policies of displacing the local Palestinian population and transferring its own population into the West Bank violate the Geneva Civilian's Convention and the accepted principles of belligerent occupation. Consequently, Mr. Quigley argues that any aid the United States gives Israel might facilitate these illegitimate activities and make the aid grant itself an illegal act in the eyes of the international community. Professor Quigley concludes that the United States support of Israel's settlement activities …


Case Digest, Law Review Staff Nov 1992

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

No abstract provided.


Case Digest, Law Review Staff Oct 1992

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

Table of Contents

I. EXTRADITION/FORCIBLE ABDUCTION ...................... 537

II. IMMUNITY FROM ARREST ................................ 538

III.FOREIGN SOVEREIGN IMMUNITY .......................... 539

IV. DISCOVERY/INTERNATIONAL RULES OF JUDICIAL PROCEDURE . 540


Foreword: Some Implications Of The Term "Transnational", Harold G. Maier May 1992

Foreword: Some Implications Of The Term "Transnational", Harold G. Maier

Vanderbilt Journal of Transnational Law

I think it is safe to say that no other body of law has changed as much during the Twentieth Century as has the law applicable to international matters. When the late Judge Phillip C. Jessup coined the term "transnational law,"' he did so with the recognition that human affairs could not properly be confined by the artificial territorial boundaries of nation-states. When the Vanderbilt International, the original incarnation of the Vanderbilt Journal of Transnational Law, sought a new name to mark its transition from duplicated to printed format, it selected Jessup's characterization to emphasize global interdependence, rather than the …


The Eagle Or The Ostrich: A United States Perspective On The Future Of Transnational Banking, Marilyn B. Cane May 1992

The Eagle Or The Ostrich: A United States Perspective On The Future Of Transnational Banking, Marilyn B. Cane

Vanderbilt Journal of Transnational Law

In this Article, Professor Cane discusses the problems of United States banking regulations in the new global financial system. These problems include antiquated legislation, the deposit insurance system, the dual federal-state banking system, and restrictive branching laws. Part II discusses the current deposit insurance system and options for reform. Part III poses the question of whether the United States should have "national" treatment or "reciprocal national" treatment for financial institutions. Part IV discusses the limitations the United States has put on its financial institutions and the disadvantage these limitations have caused globally. Finally, in Part V, Professor Cane discusses a …


Case Digest, Law Review Staff Apr 1992

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. These cases are grouped in topical categories and references are given for further research.


Review Of The Supreme Court's 1991-92 Term And Preview Of The 1992-93 Term For The Transnational Practitioner, J. Clark Kelso Jan 1992

Review Of The Supreme Court's 1991-92 Term And Preview Of The 1992-93 Term For The Transnational Practitioner, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.


Masthead, Volume 18 (1992) Jan 1992

Masthead, Volume 18 (1992)

Canada-United States Law Journal

No abstract provided.


Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick Jan 1992

Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick

Journal Articles

This essay engages in a narrow but crucial inquiry into the limits the inarbitrability defense may now impose upon the exercise of arbitral jurisdiction. While it is assumed that matters relating directly to status and capacity, testamentary dispositions, and title to immovable property fall outside the jurisdictional reach of international arbitrators, the question becomes whether any national regulatory laws, such as tax laws, benefit from the same status of inviolability.


Volume 18, Canada-United States Law Journal Jan 1992

Volume 18, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.


Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford Jan 1992

Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford

UIC Law Review

No abstract provided.


Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg Jan 1992

Computer Programs In Europe: A Comparative Analysis Of The 1991 Ec Software Directive, Jerome Huet, Jane C. Ginsburg

Faculty Scholarship

Long awaited – if not feared – in the computer industry, where its elaboration had evoked heated debate, the European Council Directive of May 14, 1991 on the Legal Protection of Computer Programs (the "Directive" or "Software Directive")has imposed common principles of copyright protection on the twelve Member States of the European Community (the "EC", the "Community"). As it declares in its preamble, the Directive responds to the need to ensure the proper functioning of a single marketand, to that end, to eliminate man), of the current differences among the Member States' legal systems.

In the domain of European copyright …


Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox Jan 1992

Insider Trading In A Globalizing Market: Who Should Regulate What?, Merritt B. Fox

Faculty Scholarship

Trading by an insider on the basis of material non-public corporate information violates the securities laws of the United States and of many, but not all, other countries. As the market for securities becomes increasingly global, the question of whose rules should apply to any particular transaction will arise with increasing frequency. This article addresses that question.

Each country's regime concerning insider trading – which transactions, if any, to ban, and how to do so – has largely evolved through consideration of transactions that are entirely domestic in character and impact. In these transactions, the issuer's state of incorporation and …