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Articles 1 - 30 of 74
Full-Text Articles in Law
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
The United States' Response To Tax Havens: The Foreign Base Company Services Income Of Controlled Foreign Corporations, Eric T. Laity
Northwestern Journal of International Law & Business
This article is a detailed study of the taxation by the United States of foreign base company services income. Foreign base company services in- come is defined generally as the income derived by a controlled foreign corporation from the performance of services for a related person.2 Con- trolled foreign corporations, in turn, generally are the foreign subsidiaries of U.S. parent corporations.3 A controlled foreign corporation's foreign base company services income is taxed to its U.S. parent corporation, subject to various exclusions and qualifications. This article defines the class of sus- pect relationships between the controlled foreign corporation and its related …
Reckless Complicity, Sanford H. Kadish
Reckless Complicity, Sanford H. Kadish
Journal of Criminal Law and Criminology
No abstract provided.
Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan
Go Directly To Jail, Do Not Pass Go, Do Not Keep House, Matthew Costigan
Journal of Criminal Law and Criminology
No abstract provided.
Defining Use Of A Firearm, Alan M. Gilbert
Defining Use Of A Firearm, Alan M. Gilbert
Journal of Criminal Law and Criminology
No abstract provided.
Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen
Montana V. Egelhoff--Reflections On The Limits Of Legislative Imagination And Judicial Authority, Ronald J. Allen
Journal of Criminal Law and Criminology
No abstract provided.
Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz
Could This Be The End Of The Fourth Amendment Protections For Motorists, Craig M. Glantz
Journal of Criminal Law and Criminology
No abstract provided.
Maybe Soldiers Have Rights After All, Nicole E. Jaeger
Maybe Soldiers Have Rights After All, Nicole E. Jaeger
Journal of Criminal Law and Criminology
No abstract provided.
Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski
Protecting First Federal Habeas Corpus Petitions: Closing The Opening Left By Gomez, John L. Kolakowski
Journal of Criminal Law and Criminology
No abstract provided.
Rejecting The Clear And Convincing Evidence Standard For Proof Of Incompetence, Alaya B. Meyers
Rejecting The Clear And Convincing Evidence Standard For Proof Of Incompetence, Alaya B. Meyers
Journal of Criminal Law and Criminology
No abstract provided.
Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol
Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol
Journal of Criminal Law and Criminology
No abstract provided.
Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway
Survey Research And Self-Defense Gun Use: An Explanation Of Extreme Overestimates, David Hemenway
Journal of Criminal Law and Criminology
No abstract provided.
Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz
Illegitimacy Of One-Sided Speculation: Getting The Defensive Gun Use Estimate Down, Gary Kleck, Marc Gertz
Journal of Criminal Law and Criminology
No abstract provided.
Science And International Regulatory Convergence, Jeffery Atik
Science And International Regulatory Convergence, Jeffery Atik
Northwestern Journal of International Law & Business
National regulation is frequently premised on scientific assump- tions; much of regulatory design is based on scientific findings. Con- sumer product, food and drug and workplace safety standards all depend on a scientific assessment of the risks faced by the public and of the efficacy of an adopted measure in addressing these risks. Build- ing codes, waste disposal protocols and mandated immunization of school children all proceed from the technical recommendations of the scientific community. In current Western society, a regulatory measure lacking a scien- tific basis will be subject to criticism and perhaps ridicule; it may be struck down …
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Accountability And International Lawmaking: Rules, Rents And Legitimacy, Paul B. Stephan
Northwestern Journal of International Law & Business
The domain of legal rules laid down by international bodies has grown enormously. Laws that have an international source influence a far larger portion of the world's commerce today than they did sixty or even twenty years ago. The enhanced significance and conse- quences of these laws raises an important question: What safeguards do we employ to increase the chances that they will do some good? More specifically, what processes hold international lawmakers ac- countable for their decisions?
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott
Northwestern Journal of International Law & Business
The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Northwestern Journal of International Law & Business
An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Book Review: Has Globalization Gone Too Far? By Dani Rodrik. Washington, D.C, Paul B. Stephan
Northwestern Journal of International Law & Business
To this debate comes Dani Rodrik, an economist on the faculty of Har- vard's John F. Kennedy School of Government. In his brief and intriguing book, Has Globalization Gone Too Far?,2 he seeks to make the race-to-the- bottom story respectable for those who take economics seriously. Rather than preaching radical opposition to globalization, however, he proposes moderate and incremental resistance. He outlines policy responses to what he argues are legitimate concerns about the growth of the world economy, encouraging targeted trade barriers based on a demonstrated national con- sensus about legitimate and illegitimate means of production. I will begin by …
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
The Worldwide Banning Of Schmiergeld: A Look At The Foreign Corrupt Practices Act On Its Twentieth Birthday, Stanley Sporkin
Northwestern Journal of International Law & Business
Many cynics viewed the United States' attempt to ban all forms of cor- porate bribery as another example of the federal government's taking on the role of Don Quixote and tilting at windmills. While the law may not have been taken seriously when it was first enacted, it is clear that it has assumed a prominent place among our federal criminal laws. According to a recent article in the Wall Street Journal, the FCPA remains "the world's toughest law against foreign bribes."9 This article will provide background as to how the law was conceived and will discuss the law's present …
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Designing An Fcpa Compliance Program: Minimizing The Risks Of Improper Foreign Payments, Daniel L. Goelzer
Northwestern Journal of International Law & Business
Every U.S. company, public or private, that conducts operations out- side of the United States should devote serious consideration to creating and implementing an Foreign Corrupt Practices Act ("FCPA" or "Act") compli- ance program. In this context, an "FCPA compliance program" means a single, documented, corporate plan designed to reduce the likelihood that the company will engage in violations of the anti-bribery provisions of the FCPA, and to detect such violations and bring them to the attention of sen- ior management, if they occur.' A well-designed compliance program has obvious importance in educating employees concerning their responsibili- ties in this …
Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter
Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter
Journal of Criminal Law and Criminology
No abstract provided.
The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott
The Problem Of Corruption: A Tale Of Two Countries, Kimberly Ann Elliott
Northwestern Journal of International Law & Business
This perspective provides an introduction to the problem of corruption, focusing on two questions: * What causes corruption? * Where is corruption most serious? The perspective concludes with a brief discussion of two countries - Kenya and Uganda - that seem to be going in opposite directions politi- cally and economically, as well as in their attitudes toward corruption.
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Defending Sec And Doj Fcpa Investigations And Conducting Related Corporate Internal Investigations: The Triton Energy/Indonesia Sec Consent Decree Settlements, Arthur F. Mathews
Northwestern Journal of International Law & Business
This article will summarize the foreign bribery/corrupt foreign pay- ments provisions of the FCPA, briefly survey the related books and records and internal accounting controls provisions, analyze available defenses to civil and criminal FCPA charges, and explore sensitive substantive and strategic issues that arise in the defense of SEC and DOJ/grand jury investi- gations and in the conduct of related corporate internal investigations. This article will also analyze the recent SEC consent decree settlements in the Triton Energy/Indonesia case, and explore the types of defenses that might be pursued if an FCPA foreign payments case like Triton were litigated rather …
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Toward A Comparative Analysis Of Institutions For International Economic Integration, Joel P. Trachtman
Northwestern Journal of International Law & Business
This issue is devoted to the publication of papers presented at the 1996 annual conference of the International Economic Law Group of the American Society of International Law. This conference presented an opportunity for scholars from different countries and backgrounds, with expertise in different types of international eco- nomic integration, to assemble and compare notes. The articles in this issue represent the results of their research and discussion.
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
European Constitutionalism And Its Discontents, J.H.H. Weiler, Joel P. Trachtman
Northwestern Journal of International Law & Business
Traditionally, the European Community has been set apart from all other international organizations, as well as from states, and Euro- pean Community law has been distinguished from both international law and from domestic law. This was so because of the supposed unique internal structure and processes of the European Community. This "splendid isolation" is no longer viable. Increasingly in the .be- havior - and study - of other transnational organizations, polities or regimes, the European transnational experience has come to provide a model, a yardstick and a set of analytical and critical tools, and per- haps erroneously, a desideratum. While …
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Constitutionalism And International Organizations, Ernst-Ulrich Petersmann
Northwestern Journal of International Law & Business
Peaceful cooperation among individuals and among states has be- come a globally recognized policy objective. The worldwide trend to- wards deregulation, market economies, protection of human rights and democracies reflects an increasing recognition that individual freedom, non-discrimination and rule of law are the best conditions for promoting individual and collective self-determination and social welfare. But in contrast to the long-standing constitutional theories for national democracies, there is a troubling paucity of theory on how to achieve a peaceful international order based on worldwide liberal rules. During the first half of the 20th century, government policies in international relations continued to …
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
The Theory Of The Firm And The Theory Of The International Economic Organization: Toward Comparative Institutional Analysis, Joel P. Trachtman
Northwestern Journal of International Law & Business
Debates regarding the competences and governance of interna- tional economic organizations such as the World Trade Organization (WTO), the European Union (EU) and the North American Free Trade Agreement (NAFFA) seem to grow more polarized. Academic lawyers, political scientists and economists seem to add little light to these heated debates. The purpose of this paper is to examine the theory of the firm and related transaction cost-based literatures of new institutional economics (NIE),4 law and economics (L&E) and industrial organizations (IO),' and the application of their analytical techniques to the linked problems of competence and governance of international economic organizations …
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Northwestern Journal of International Law & Business
One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, …
Are Private Remedies In Domestic Courts Essential For International Trade Agreements To Perform Constitutional Functions With Respect To Sub-Federal Governments?, Matt Schaefer
Northwestern Journal of International Law & Business
The term constitutionalism is increasingly discussed in the context of international trade agreements. A prominent example is Professor Petersmann's writings on the constitutional functions that trade agree- ments could serve by limiting governmental discretion to take welfare- reducing protectionist measures against the long-term interests of a nation and contrary to individual economic liberty.' The absence of such protectionist constraints and foreign trade rights in domestic con- stitutions can be mitigated (and already is mitigated somewhat) through the development of international trade rules and institutions.