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Articles 31 - 60 of 96
Full-Text Articles in Law
Section 337 And National Treatment Under Gatt: A Proposal For Legislative Reform, Jeffrey S. Neeley, Hideto Ishida
Section 337 And National Treatment Under Gatt: A Proposal For Legislative Reform, Jeffrey S. Neeley, Hideto Ishida
Fordham International Law Journal
This Article discusses the GATT panel reports on Section 337, the U.S. reaction to the GATT findings and possible amendments to Section 337 that would put the United States in compliance with its international obligations. Taking into account the difficult balancing act necessary to change Section 337 the authors attempt to take these requirements into account in suggesting ways out of the quandary in which the United States and its trading partners now find themselves.
R. Wohl, S. Chemtob, G. Fukushima, Practice By Foreign Lawyers In Japan, Patrick S. Kenadjian
R. Wohl, S. Chemtob, G. Fukushima, Practice By Foreign Lawyers In Japan, Patrick S. Kenadjian
Fordham International Law Journal
Book Review: Richard H. Wohl, Stuart M. Chemtob, and Glen S. Fukushima have put together a very useful volume under the auspices of the American Bar Association Section of International Law & Practice, entitled Practice by Foreign Lawyers in Japan.
The United Nations Convention On Contracts For The International Sale Of Goods And The "Battle Of The Forms", Christine Moccia
The United Nations Convention On Contracts For The International Sale Of Goods And The "Battle Of The Forms", Christine Moccia
Fordham International Law Journal
The Note argues that courts deciding a case involving a battle of the forms should refer to the general principles within the CISG rather than resort to domestic law. It argues that there are solutions within the CISG allowing courts to address adequately a battle of the forms case and that by looking to general principles courts will help promote the drafters' goal of uniformity.
Section 42 Of The Lanham Act And Non-Genuine Gray Market Goods: Re-Evaluating The Affiliate Exception, David A. Piedra
Section 42 Of The Lanham Act And Non-Genuine Gray Market Goods: Re-Evaluating The Affiliate Exception, David A. Piedra
Fordham International Law Journal
The Note argues that the U.S. Customs Service should revise the affiliate exception to resolve the exception's present inconsistency with section 42 of the Lanham Act. The Note argues that the affiliate exception is incongruous with the plain language and underlying intent of section 42 of the Lanham Act. The Note finally argues that the Customs Service should revise the affiliate exception to maintain consistency with the very statute it was promulgated to enforce.
The Directive On Insider Dealing , Raffaello Fornasier
The Directive On Insider Dealing , Raffaello Fornasier
Fordham International Law Journal
This Article discusses the Community directive on insider dealing strictly from the point of view of Community law, and more specifically of what may be called the Community's constitutional law - the powers of the institutions involved in the making and in the implementation of law - rather than from the point of view of insider trading as an economic phenomenon and the ways it is perceived and dealt with in Community law.
Developments In Soviet Property Law, Richard C. Schneider, Jr.
Developments In Soviet Property Law, Richard C. Schneider, Jr.
Fordham International Law Journal
This Article summarizes certain aspects of new Soviet initiatives in the area of property law. The Article also touches on the interrelationship between the new developments in property law and developments in the area of Soviet company law that have given rise to new forms of legal entity, in particular, joint ventures.
Private Violence, Public Wrongs, And The Responsibility Of States, Dinah Shelton
Private Violence, Public Wrongs, And The Responsibility Of States, Dinah Shelton
Fordham International Law Journal
This Article will discuss the decisions of the Inter-American Court, comparing them with U.S. judicial decisions involving “state action” and private conduct. It will point out the evolution in international law from restraints on the exercise of state power, to the more generalized obligation of ensuring respect for human rights. This Article concludes that the American Convention provides guarantees for individual rights that are lacking in U.S. constitutional law.
Human Rights In The People's Republic Of China, Arthur C. Helton
Human Rights In The People's Republic Of China, Arthur C. Helton
Fordham International Law Journal
This Book Review looks at Chinese human rights developments in light of the aftermath of Tiananmen Square.
Constitutional Rules Of Community Law In Eec Competition Cases, David Edward
Constitutional Rules Of Community Law In Eec Competition Cases, David Edward
Fordham International Law Journal
Part I of this paper seeks to investigate the possible bias, or difference in usage, in the use of the word “constitutional” with particular reference to the now resolved tension between the Court of Justice of the European Communities and the German Constitutional Court. Part II discusses some landmark cases in which the European Courts had to decide whether the powers of the Commission of the European Communities in competition investigations are limited by “constitutional” rules. Part III discusses the Court’s use of the general principles of legal certainty, legitimate expectation, and proportionality to resolve problems of interpretation and application …
Ecc Merger Control: Distinguishing Concentrative Joint Ventures From Cooperative Joint Ventures, Horst-Peter Götting, Werner Nikowitz
Ecc Merger Control: Distinguishing Concentrative Joint Ventures From Cooperative Joint Ventures, Horst-Peter Götting, Werner Nikowitz
Fordham International Law Journal
This Article examines the European Economic Community’s new procedure for controlling large-scale mergers in contrast to the existing control procedure under Community cartel law. It explains these two positions by defining the difference between Concentrative Joint Ventures and Cooperative Joint Ventures.
P.J.G Kapteyn & P. Verloren Van Themaat, Introduction To The Law Of The European Communities After The Coming Into Force Of The Single European Act, William J. Davey
P.J.G Kapteyn & P. Verloren Van Themaat, Introduction To The Law Of The European Communities After The Coming Into Force Of The Single European Act, William J. Davey
Fordham International Law Journal
This Article reviews the book: “Introduction to the Law of the European Communities After the Coming Into Force of the Single European Act” by P.J.G. Kapteyn & P. VerLoren van Themaat. He finds the book to be well-timed considering the European Community’s recent completion of its 1992 program. He criticizes the book for being too short to create a comprehensive treatise on European Community law but nevertheless praises it as a clear, understandable and comprehensive work.
An Overview Of Eec Trade With Non-Community Countries And The Law Governing These External Agreements, William Rawlinson
An Overview Of Eec Trade With Non-Community Countries And The Law Governing These External Agreements, William Rawlinson
Fordham International Law Journal
This Article examines the authority of the EEC Treaty and various trade agreements concluded between the Community and non-Community countries pursuant to these provisions by presenting an overview of certain noteworthy agreements and the law providing for them.
"Special 301": Its Requirements, Implementation, And Significance, Judith H. Bello, Alan F. Holmer
"Special 301": Its Requirements, Implementation, And Significance, Judith H. Bello, Alan F. Holmer
Fordham International Law Journal
This Article reviews the Special 301 provisions and their implementation to date. Special 301 is designed to use the credible threat of unilateral retaliation by the United States to persuade trading partners to reform currently deficient IP practices. The article praises the US's use of Special 301 use thus far but warns against taking harsher action.
The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche
The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche
Fordham International Law Journal
The Note argues that the UK must modify its extrajudicial detention legislation in order to comply with the prompt appearance requirement of Article 5(3) of the European Convention. It analyzes the history of the conflict between Northern Ireland the the UK leading to the implementation of the extrajudicial powers of arrest and detention and the Court's decision in the Case of Brogan and Others. The Note further argues that the eventual permanent derogation which the UK employs is untenable under the EC and recommends judicial reinterpretation.
From Columbus To Cooperation - Trade And Shipping Policies From 1492 To 1992, Joseph C. Sweeney
From Columbus To Cooperation - Trade And Shipping Policies From 1492 To 1992, Joseph C. Sweeney
Fordham International Law Journal
This Article summarizes the history of international trade agreements from the time of Columbus to the present.
Takings Clause Analysis Of Utility Ratemaking Decisions: Measuring Hope’S Investor Interest Factor, Sean P. Madden
Takings Clause Analysis Of Utility Ratemaking Decisions: Measuring Hope’S Investor Interest Factor, Sean P. Madden
Fordham Law Review
No abstract provided.
Communications Workers V. Beck: Supreme Court Throws Unions Out On Street, Charles R. Virginia
Communications Workers V. Beck: Supreme Court Throws Unions Out On Street, Charles R. Virginia
Fordham Law Review
No abstract provided.
Women Professionals: The Slow Rise To The Top, Ellen V. Futter
Women Professionals: The Slow Rise To The Top, Ellen V. Futter
Fordham Law Review
No abstract provided.
Being A Woman, Being A Lawyer And Being A Human Being–Woman And Change, Eleanor M. Fox
Being A Woman, Being A Lawyer And Being A Human Being–Woman And Change, Eleanor M. Fox
Fordham Law Review
No abstract provided.
The Evaluation Of Children's Impairment In Determining Disability Under The Supplemental Security Income Program, Rachelle Lombardi
The Evaluation Of Children's Impairment In Determining Disability Under The Supplemental Security Income Program, Rachelle Lombardi
Fordham Law Review
No abstract provided.
Bias And The Loudermill Hearing: Due Process Or Lip Service To Federal Law?, Robert, Jr. F. Maslan
Bias And The Loudermill Hearing: Due Process Or Lip Service To Federal Law?, Robert, Jr. F. Maslan
Fordham Law Review
No abstract provided.
Bifurcated Jury Deliberations In Criminal Rico Trials, Robert M. Grass
Bifurcated Jury Deliberations In Criminal Rico Trials, Robert M. Grass
Fordham Law Review
No abstract provided.
Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo
Making Younger Civil: The Consequences Of Federal Court Deference To State Court Proceedings – A Response To Professor Stravitz, Georgene M. Vairo
Fordham Law Review
No abstract provided.
The Finality Of Partial Orders In Consolidated Cases Under Rule 54(B), Marianne Fogarty
The Finality Of Partial Orders In Consolidated Cases Under Rule 54(B), Marianne Fogarty
Fordham Law Review
No abstract provided.
The Fraud Exception To Erisa’S Anti-Alienation Provision: A Permissible Exercise Of The Chancellor’S Powers?, Michael T. Murray
The Fraud Exception To Erisa’S Anti-Alienation Provision: A Permissible Exercise Of The Chancellor’S Powers?, Michael T. Murray
Fordham Law Review
No abstract provided.
A Functional View Of The Rule Of Lenity: Does Theft Of Misaddressed Mail Violate The Federal Mail Theft Statute?, Edward L. Hammer
A Functional View Of The Rule Of Lenity: Does Theft Of Misaddressed Mail Violate The Federal Mail Theft Statute?, Edward L. Hammer
Fordham Law Review
No abstract provided.
Governmental Aid To Religious Entities: The Total Subsidy Position Prevails, G. Sidney Buchanan
Governmental Aid To Religious Entities: The Total Subsidy Position Prevails, G. Sidney Buchanan
Fordham Law Review
No abstract provided.
The Criminal Defendant’S Right To Retain Counsel Pro Hac Vice, Thomas C. Canfield
The Criminal Defendant’S Right To Retain Counsel Pro Hac Vice, Thomas C. Canfield
Fordham Law Review
No abstract provided.
Toward A More Efficient Deterrence Of Insider Trading: The Repeal Of Section 16(B), Marleen A. O’Connor
Toward A More Efficient Deterrence Of Insider Trading: The Repeal Of Section 16(B), Marleen A. O’Connor
Fordham Law Review
No abstract provided.
Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver
Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver
Fordham Law Review
No abstract provided.