Law Commons^™

Italian And American Cooperative Efforts To Reduce Heroin Trafficking: A Role Model For The United States And Drug- Supplying Foreign Nations, Theresa M. Catino

Penn State International Law Review

The purpose of this Comment is to examine the role of the Sicilian Mafia in transporting heroin to the United States as well as to evaluate the combined efforts of the American and Italian governments in their attempt to end the heroin problem. Section II will explore the background of the Mafia heroin shipments to the United States, including the Mafia's method of transporting heroin into America and the impact of trafficking such large amounts of heroin. Section III will examine the cooperative programs such as delegations and the bilateral treaty between Italy and the United States, and will evaluate …

Autocephalous Greek Orthodox Church Of Cyprus V. Goldberg And Feldman Fine Arts, Inc.: A Case For The Use Of Civil Remedies In Effecting The Return Of Stolen Art, Meredith Van Pelt

Penn State International Law Review

This Comment will explore the remedies currently available to foreign countries and to individuals who have discovered that works stolen from them are in the possession of American museums, art dealers, and private individuals. It will also explain why, in light of the recent decision of Autocephalous v. Goldberg, civil sanctions are the best means to effect the return of stolen art as well as to help deter future buyers of stolen art, thus shrinking the stolen art market.

Volume 8 - Number 3: Table Of Contents

Penn State International Law Review

No abstract provided.

Book Review - A Guide To Legal Research In Virginia (Edited By John D. Eure), Steven D. Hinckley

Journal Articles

Review of A Guide to Legal Research in Virginia, edited by John D. Eure. Charlottesville, VA: Committee on Continuing Legal Education, Virginia Law Foundation, 1989.

Qualified Immunity In Section 1983 Cases: The Unanswered Questions, Kit Kinports

Journal Articles

Part I of this Article describes the general policies underlying qualified immunity and the Court's decisions defining the scope of the defense. Part II then addresses two answered questions concerning Harlow v. Fitzgerald's impact on the substantive content of the qualified immunity defense: Is immunity available to the defendant who actually knows that her conduct is infringing the plaintiff's constitutional rights, even if the law governing those rights is not yet clearly established? And should a court take into account the nature of the defendant's governmental responsibilities and other circumstances surrounding her conduct in determining whether the right she …

Reaganist Realism Comes To Detriot, Stephen F. Ross

Journal Articles

Part I of this article discusses Detroit Newspapers and explains how in deferring to the Attorney General's interpretation of the Newspaper Preservation Act, Judge Silberman disregarded every applicable technique of statutory interpretation typically used to resolve the issue. Indeed, each of these techniques suggests that Attorney General Meese's interpretation of the Act was incorrect. This part of the article also demonstrates why deference to Meese was particularly inappropriate in light of the generally accepted justifications for judicial deference to administrative interpretations of statutes.

Part II explains that Detroit Newspapers is one of several opinions by conservative Reagan judicial appointees that …

Monopoly Sports Leagues, Stephen F. Ross

Journal Articles

This Article argues that the government should break up both Major League Baseball and the NFL to provide for competing economic entities in each sport. Part I details the harm monopoly sports leagues cause in several different markets and explains why a competitive league structure can correct such harms. Part II discusses why regulatory solutions are poor substitutes for competition as a means of redressing these harms. Part III explains why neither baseball nor football is a "natural monopoly" and argues that no persuasive evidence suggests that rival leagues cannot exist in those sports. Part IV examines how the antitrust …

International Advertising: Regulatory Pitfalls For The Unwary Marketer, Peter L. Tracey

Penn State International Law Review

International Advertising has opened new vistas of opportunity for many businesses. The decision to sell ·across national boundaries, however, means that the marketer must carefully research the advertising customs and regulations of the target market. Failure to tailor a marketing campaign to local requirements may spell disaster for an otherwise viable product.

An American Perspective On The European Commission's "Amended Proposal For A Council Regulation On The Control Of Concentrations Between Undertakings" And Its Impact On Hostile Tender Offers, Jeffrey P. Greenbaum

Penn State International Law Review

The Amended Proposal for a Council Regulation on the Control of Concentrations Between Undertakings is a European measure in preparation for the unified internal market in 1992. The aim of the proposal is to regulate corporate reorganizations, mergers, and acquisitions resulting from the additional competition likely to emerge from the unified market. This article provides a thorough analysis of the Proposal's intended application in comparison to the American Hart-Scott-Rodino Antitrust Improvements Act and its potential effectiveness and shortcomings.

The New Frontiers Of Copyright: Enforceable Rights In The Space Age, James O. Moermond Iii

Penn State International Law Review

The traditional concepts of copyright law are becoming inadequate to protect the interests of creators in today's global society. The reasons for such inadequacies stem from the emergence of satellite technology and a growing lack of consensus between copyright authors, publishers, and the general public, as to how the property interests should be compensated and enforced. This article is intended to form a foundation for meaningful discussion involving the reformation of the current basis of international copyright protection.

U.S. Perspectives Of Worldwide Unitary Taxation, Massimo Agostini

Penn State International Law Review

Presently, American states have the ability to impose taxes on multinational corporations doing business in their respective states. The extent of this imposition is vaguely regulated by federal tax law. In the Container decision, the Supreme Court addressed the need for uniformity of state taxation of foreign corporations. The Court's decision, however, was not well accepted overseas. This article examines the various methods of taxation employed by individual states and the resulting international difficulties of this diversity. Through a discussion of California legislation, which provides a solution, as well as protects domestic and foreign interests, these difficulties are addressed.

Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann

Penn State International Law Review

The Japanese police detention system enables police and prosecutors to detain criminal suspects for up to twenty-three days without a formal charge, thus posing numerous human rights problems. This comment concentrates on the Covenant on Civil and Political Rights which provides a means for identifying the human rights abuses occurring under the Japanese police detention system, as well as a method for rectifying such abuses.

Shari'a Law In The Sudan: Why It Does Not Work Under The Sudanese Constitutions Of 1973 And 1985, Steven C. Sherman

Penn State International Law Review

Can Islamic Law co-exist with a democratic constitution? Currently, in Sudan, such a co-existence is not possible. This comment analyzes some of the conflicts between the Shari'a Law of Islam and the Sudanese Constitutions of 1973 and 1985. Through this analysis, the author suggests reasons for the incompatibility of Islamic law and the Sudanese constitutions.

Masthead

Penn State International Law Review

No abstract provided.

Preface

Penn State International Law Review

No abstract provided.

Volume 7 - Number 2: Table Of Contents

Penn State International Law Review

No abstract provided.

The International Law Limits To The Ftc's International Activity: Does The Law Of Nations Keep The Ftc At Home?, Jesse R. Ruhl

Penn State International Law Review

The Federal Trade Commission (FTC) possesses substantial power to regulate domestic and international commerce. International law and state sovereignty principles, however, can often prevent the FTC from exercising its domestic jurisdiction. Among the topics explored in this comment are the genesis of the FTC, a significant criticism of the topics of the FTC. the theoretical extent of the international jurisdiction of the FTC, and the international law limitations which affect the FTC's conduct.

The Canada-U.S. Free Trade Agreement: Its Aspects, Highlights, And Probable Impact On Future Bilateral Trade And Trading Agreements, Rebecca A. Sanford

Penn State International Law Review

No abstract provided.

Index Of Authors

Penn State International Law Review

No abstract provided.

Volume 7 - Number 3: Table Of Contents

Penn State International Law Review

No abstract provided.

General Index 1982-1989

Penn State International Law Review

No abstract provided.

Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke

Penn State International Law Review

Is Japan really out-maneuvering the West in post-industrial development? This Comment examines the down-side of economic progress by focusing on how Japan has addressed employment disruptions in the declining industries, such as steel, textiles, and electronic computers. Employment adjustment legislation and the Japanese government's past performance in creating and implementing employment adjustment policy are re-evaluated.

The Future Monitoring Role Of Gatt In An International Arena Of Non-Tariff Barriers: A Proposal From A Law And Economics Perspective, Andrew C. Blanar, Jean-Louis L. Arcand

Penn State International Law Review

The General Agreement on Tariffs and Trade (GATT) was implemented to provide uniform guidelines in the regulation of international trade. While the GATT is an agreement based on legal rules of construction and enforceability, the underlying impetus to its creation is economic in nature. This article examines the hindered effectiveness of the legal aspects of the GATT, and it provides insight into the economic theory that promotes this inefficiency.

Countervailing Subsidization: Another Missile In The Trade Law Arsenal?, Francois E.J. Tougas

Penn State International Law Review

This article concentrates on the findings of the Canadian Import Tribunal (CIT, predecessor to the Canadian International Trade Tribunal) in their report entitled, Subsidized Grain Corn from the United States of America. To understand the nature of the problem with which the CIT dealt, it will be necessary to look at some of the background and peculiarities of the regulation of international trade in commodities. After a brief discussion of international and comparative discipline in the area of trade impact, of which material injury is a part, Canadian case law will be examined in order to establish trends in …

Ad Hoc Chambers Of The International Court Of Justice, Andreas Zimmermann

Penn State International Law Review

Prior to 1982, the provision in the Court's Statute for chambers of the International Court of Justice (ICJ) was practically a dead letter. Recently, however, the attitude of litigant States has significantly changed. So far three judgments have been rendered by ad hoc chambers and one other case is actually pending before this chamber. Due to the enlarged practice of the Court, the interest in the literature has recently increased to a considerable extent.

Nevertheless, some questions have not yet been dealt with, such as the relation between the chamber procedure and intervening States and the delimitation of the competencies …

The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore

Penn State International Law Review

This article discusses the eighteenth century understanding of the subtle equilibrium between polity, economy, and government; the deleterious effect of the laissez-faire heterodoxy that entrenched itself during the nineteenth century; and, the adverse reaction that occurred in the twentieth century. In turn, this article shifts its inquiry toward the internationalization of world financial markets as a guide for how United States industry can reclaim its patrimony: by encouraging a re-adoption of the eighteenth century model of the proper balance between government and commerce. Finally, using the example provided by the move toward an international financial market, this article concludes that …

Socialized Medicine: An Analysis Of Bureaucratic Inefficiency, John J. Moran

Penn State International Law Review

In analyzing the health care systems of Great Britain and Canada, this Comment examines the policies and reasons behind the passing of legislation which led to the advent of socialized medicine in these two nations. In addition, a discussion of the operation of these socialized health systems illustrates the turmoil and complexity associated with government medicine, and the need for subsequent legislative reforms. As this Comment reveals, these socialized systems, where overriding political objectives create further misallocation of resources and decreased quality of care, fail to provide a viable solution to American health concerns. Instead, reforms should be undertaken within …

Saving Grace Or Saving Face: The Roman Catholic Church And Human Rights, John A. Onorato

Penn State International Law Review

The first part of this Comment examines the structure and organization of the Roman Catholic Church, the means of papal diplomacy, and the Vatican's participation in international organizations. Special attention is focused on the Code of Canon Law, the Lateran Agreements, and other important documents. The second part of this Comment examines the role the Church plays as a protector of human rights. This focuses on the Church's actions and recent history in two nations, Chile and Poland, and examines the effects of papal visits to these countries and the publication of papal encyclicals dealing with human rights.

The Dust Of Life: The Legal And Political Ramifications Of The Continuing Vietnamese Amerasian Problem, Ernest C. Robear

Penn State International Law Review

Vietnamese disparagingly refer to them as bui doi. Americans refer to them as persons "of particular humanitarian concern to the United States." In both cases the reference is to Amerasians, the children and young adults of mixed American/Asian parentage. For the purpose of this Comment, an Amerasian may be defined as one whose mother is Asian and whose father is American. Since the last United States forces pulled out of Vietnam on April 30, 1975, these Amerasians have been caught up in a bureaucratic tug-of-war between Washington and Hanoi. Despite positive legislation, the problems faced by Vietnamese Amerasians still …

Volume 8 - Number 1: Table Of Contents

Penn State International Law Review

No abstract provided.