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Full-Text Articles in Law

International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine Nov 2012

International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine

Michael P. Van Alstine

This guide on international trade and investment examines the legal rules governing international trade. Initial chapters deal with the legal and practical environment for multinational enterprises (MNEs) engaged in international trade and investment. The work then analyzes the principal international institutions involved in international trade: the World Trade Organization (WTO) and International Monetary Fund (IMF); the essential rules governing the regulation of international trade, including in the General Agreement on Tariffs and Trade (GATT); the system for dispute resolution within the WTO under its Dispute Settlement Body (DSB); restrictions on, and other regulation of, imports, including tariff rates, customs classification …


International Business Transactions In A Nutshell, 9th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine Nov 2012

International Business Transactions In A Nutshell, 9th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine

Michael P. Van Alstine

This guide examines the principal subjects involved in international business and commercial transactions. It includes chapters on the negotiation of business transactions; the international sale of goods; the role of documentary sales; the use of letters of credit; technology transfers; the initiation, operation, and termination of, as well as limitations imposed on, foreign investments; property takings, including remedies for and options for insuring against such actions; the European Union competition rules; and dispute settlement (both through litigation in state courts and through arbitration). It also addresses throughout the special challenges for business transactions in developing and nonmarket economies.


Stare Decisis And Foreign Affairs, Michael Van Alstine Jul 2011

Stare Decisis And Foreign Affairs, Michael Van Alstine

Michael P. Van Alstine

This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …