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University of Michigan Law School

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Articles 181 - 190 of 190

Full-Text Articles in Law

The Engineers In The Price System, Alfred A. Desimone Jr. Mar 1979

The Engineers In The Price System, Alfred A. Desimone Jr.

Michigan Law Review

A Review of America by Design: Science, Technology, and the Rise of Corporate Capitalism by David F. Noble


The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland Jan 1979

The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland

Michigan Journal of International Law

When a private party files a dumping complaint, the Antidumping Act of 1921 provides a two-step procedure for examining an alleged infraction by a foreign exporter. First, the Department of the Treasury must determine if imports are being marketed within the United States at less than fair value (hereinafter LTFV). If Treasury makes an affirmative determination, the International Trade Commission (ITC) must then determine if a United States industry is being injured, is likely to be injured, or is prevented from being established by reason of the LTFV sales. If any of these forms of injury is found, an antidumping …


Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams Jan 1979

Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams

Michigan Journal of International Law

It is the thesis of this article that the remedies for the import problem-- quotas, orderly marketing agreements, trigger price systems, and the like-do not provide adequate mechanisms for insuring acceptable industry performance or protecting the public interest. Instead of compelling--or even promoting-the kind of structural and behavioral changes which are imperative if an industry is to overcome its competitive infirmities, these protectionist devices, more often than not, are likely to have precisely the opposite effect, i.e., perpetuate the very infirmities that caused the industry's plight to begin with. In short, an ailing organism is not prepared for the …


Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez Jan 1979

Gilmore: An Antidumping Proceeding As Cost-Price Comparison, Fred A. Rodriguez

Michigan Journal of International Law

In the usual dumping case, a producer sells his product abroad at prices lower than those at which the same product is sold in the domestic market (country of origin). But dumping is also possible in other circumstances. The General Agreement on Tariffs and Trade (hereinafter GATT) and the Antidumping Code (hereinafter the Code) recognize dumping where, in the absence of a domestic price, the price in the export market is lower than the price for a comparable product in a third country market. If neither a domestic nor a third country price is available, these international agreements provide that …


Rule 10b-6: Options Trading By Participants In A Distribution, Michigan Law Review Jun 1977

Rule 10b-6: Options Trading By Participants In A Distribution, Michigan Law Review

Michigan Law Review

After briefly discussing the history of options trading, this Note argues that where participants in a distribution trade options, the potential for abuse is sufficient to warrant regulation of this activity. It then evaluates existing statutes and SEC rules that seek to prevent similar abuses and concludes that language in some of these provisions -- particularly rule 10b-6 -- can be construed to prohibit participants in a distribution from engaging in certain put and call transactions that might manipulate the price of the security being distributed.


The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review Mar 1975

The Role Of The Commodity Futures Trading Commission Under The Commodity Futures, Michigan Law Review

Michigan Law Review

After a brief look at the functions of futures markets, the conditions that led to the enactment of the Commodity Futures Trading Commission Act, and the major provisions of the Act, this note will critically examine the information now available on the major issues left to the Commission to decide, point to additional information that would be useful in making judgments on these issues, and recommend solutions. It will then discuss two problems not considered in the 1974 legislation--export controls and margin oversight--suggesting areas for action by the Commission.


Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin Jan 1974

Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin

University of Michigan Journal of Law Reform

This article neither deals with the propriety of the Federal Trade Commission's (FTC) proposed order nor evaluates the effectiveness of compulsory trademark licensing as a remedy for unfair trade practices.8 Rather, the pending cereal industry case is used as a point of departure for an examination of the problem of trademark abuse and the responses of the courts, the Congress, and the FTC to it. Acknowledging the legality of compulsory licensing of trademarks, the article suggests legislation which will incorporate licensing and standards for its application. Such legislation would make licensing an accessible remedy for trademark abuse while accommodating both …


An Analysis Of Recent Proposals For Reform Of Federal Securities Legislation, William H. Painter Aug 1973

An Analysis Of Recent Proposals For Reform Of Federal Securities Legislation, William H. Painter

Michigan Law Review

Today the securities industry is in the midst of rapid change. Indeed it has been for at least the past decade, but in recent years the pace of change has increased, and its emphasis has shifted. Legislative and administrative reforms that could not have been anticipated a decade ago are likely in the near future, and it is still impossible to predict accurately the shape of the markets of tomorrow or the rules by which they will be governed. It is the purpose of this Article to focus on these recent developments, to summarize and evaluate various proposals for reform, …


Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein Jun 1970

Conflict-Of-Laws Rules By Treaty: Recognition Of Companies In A Regional Market, Eric Stein

Michigan Law Review

The term "recognition" has many meanings. We speak in family law of a "recognized child," in public international law of recognizing a newly emerged state or newly installed government, and in private international law (conflict of laws) of recognizing foreign judgments or legal persons. In both public and private international law, it is the nation-state that grants or denies recognition. In public international law, the "recognizing" nation-state expresses "a value judgment acknowledging that a given fact situation is in accord with the exigencies of the international legal order." In private international law (or conflict of laws), on the other hand, …


Underground Gas Storage: Economic Needs And A Proposed Statutory Resolution Of Legal Obstacles, Steven Y. Winnick Dec 1968

Underground Gas Storage: Economic Needs And A Proposed Statutory Resolution Of Legal Obstacles, Steven Y. Winnick

University of Michigan Journal of Law Reform

Gas storage is necessary to equate the supply and demand for gas in different parts of the United States. Most areas of the country lack sufficient native gas supplies to meet their own demands for consumption, and commercial natural gas produced mainly in the southwest must be shipped to all parts of the country. The primary and most economical means of shipment is by pipelines. But during the winter months pipelines carrying capacity loads are incapable of meeting the demand for gas, especially for residential space heating. Contrariwise, capacity far exceeds demand during the warmer periods. This Article will discuss …