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Articles 1 - 30 of 33
Full-Text Articles in Law
A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel
A Practitioner's Introduction To Saudi Arabian Law, Gali Hagel
Vanderbilt Journal of Transnational Law
There is no Saudi legal code. Although the literature on the Islamic faith is extensive, the only Saudi laws available in the English language are the corporate, tax, and labor regulations. This Note brings together the applicable principles and laws to provide a broad overview of the Saudi legal system: it discusses the way in which Islamic law has evolved in Saudi Arabia, analyzes the major Saudi corporate regulations, and, as an introductory research tool, directs the practitioner to more detailed resources. This Note also gives practical advice to attorneys representing clients doing business in Saudi Arabia, adding needed dimension …
Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld
Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld
Vanderbilt Journal of Transnational Law
U.S. Multinationals and Worker Participation in Management: The American Experience in the European Community By Ton DeVos Westport, Conn.: Quorum Books, 1981. Pp. 229.
Reviewed by David M. Helfeld
Cooperation between Management and Labor By Walter Kolvenbach Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 1982. Pp. 89. Dfl. 65.00, $26.00.
Reviewed by Robert N. Covington
Utilization of Outer Space and International Law By Gijs Bertha C.M. Reijnen. Amsterdam, Oxford, New York: Elsevier,1981. Pp. 179. $65.30.
Reviewed by Howard J. Taubenfeld
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Casebook on Carriage by Sea.
By E.R. Hardy Ivamy
London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.
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Casebook on Shipping Law
By E.R. Hardy Ivamy
London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.
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Regional Development Agencies in Europe
Edited by Douglas Yuill
Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.
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United States Trade Policy Legislation: A Canadian View
By Rodney de C. Grey
Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.
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Transfer of Technology: U.S. Multinationals and Eastern Europe
By Marilyn L. Liebrenz
New York: Praeger Publishers, 1982. …
Book Reviews, Horace B. Robertson, Jr., W. David Slawson
Book Reviews, Horace B. Robertson, Jr., W. David Slawson
Vanderbilt Journal of Transnational Law
The New Nationalism and the Use of Common Spaces: Issues in Marine Pollution and the Exploitation of Antarctica Edited by J. Charney Totowa, New Jersey: Allenheld Osmun, 1982.Pp. ix, 343.
Reviewed by Horace B. Robertson, Jr.
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Law and Inflation By Keith S. Rosenn Philadelphia: University of Pennsylvania Press, 1982. Pp. xxxix, 451.
Reviewed by W. David Slawson
Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham
Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham
Vanderbilt Journal of Transnational Law
Antitrust--Noerr-Pennington Extends Immunity from Sherman Act to Foreign Litigation and Foreign Acts that result in Alleged Antitrust Violations, Coastal States Marketing, Inc. v. Hunt, 694 F.2d 1358 (5th Cir. 1983).
Antitrust--Foreign Import Cartels are Liable under the Sherman Act although domestic export competitors are shielded with a Webb-Pomerene exemption. Daishowa International v. North Coast Export Co., 1982-2 Trade Cas.64,774 (N.D. Cal.).
International Tax Evasion: Spawned In The United States And Nurtured By Secrecy Havens, Allaire U. Karzon
International Tax Evasion: Spawned In The United States And Nurtured By Secrecy Havens, Allaire U. Karzon
Vanderbilt Journal of Transnational Law
The United States system of income taxation is predicated upon the voluntary self-assessment and payment of tax. Voluntary compliance, in turn, depends upon the confidence of United States citizens that the taxation system is basically fair, that the tax burden essential to maintain the government is shared by all in proportion to their net income, and that those who cheat are discovered and prosecuted. Circumstances that allow certain taxpayers to escape their proper tax liability successfully tempt others to seek tax evasion devices for themselves, and, more importantly, demoralize the conscientious majority who pay their just share of taxes but …
An Analysis Of The Proposition Of Accession Of The European Communities To The European Convention On Human Rights, Yves Quintin
An Analysis Of The Proposition Of Accession Of The European Communities To The European Convention On Human Rights, Yves Quintin
Vanderbilt Journal of Transnational Law
Considering the numerous problems created by the accession, including the length of time required and the administrative burdens placed on the EC, one may question the value of this project. The creation of a catalogue of rights, however, will require as much time as the accession. As Professor Schermers points out, producing such a catalogue specifically for the EC will further split Western Europe, isolate the other members of the Council of Europe, and limit the effectiveness of the ECHR to the extent that the provisions in the catalogue would offer higher standards of protection. One may argue, however, that …
The Recent Shift In United States Policies Toward The International Monetary Fund And The World Bank, Polly R. Allen
The Recent Shift In United States Policies Toward The International Monetary Fund And The World Bank, Polly R. Allen
Vanderbilt Journal of Transnational Law
Today's world economy is characterized by recession, reduced growth in international trade, high oil prices, and high interest rates. Although industrial countries face these problems and the problems often originate in the industrial countries, the developing countries that are not major oil exporters are encountering particularly serious difficulties. The external pressures on these developing countries, combined with their problems of structure and policy, are causing severely reduced rates of growth, higher rates of inflation, increasing problems with balances of payments, and growing foreign debt. Because many of these difficulties arise outside these countries' economies, and because the solutions often require …
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
The Constitutionality Of The Foreign Intelligence Surveillance Act Of 1978, Judith B. Anderson
Vanderbilt Journal of Transnational Law
Within its more limited scope, the Belfield decision provides a helpful approach to FISA cases by articulating both a solid rationale for FISA's in camera, ex parte provision and a workable balancing approach for determining whether open proceedings may be necessary. The Falvey decision, although broader in scope, does not provide a satisfactory rationale for FISA's deviation from the traditional fourth amendment warrant requirement, nor does it articulate a workable approach to evaluating a FISA-warranted surveillance. The Falvey court, by predicating its upholding of FISA on an acceptance of the national security exception, may perpetuate a debate that the statute …
The Recent Decline And Fall Of Freedom Of The Press In English Law, Vaughan T. Bevan
The Recent Decline And Fall Of Freedom Of The Press In English Law, Vaughan T. Bevan
Vanderbilt Journal of Transnational Law
A television company broadcasts a program criticizing a nationalized corporation and disclosing documents passed to it secretly by one of the corporation's employees. The corporation asks the television company to reveal the identity of the employee. The television company refuses and eight of nine judges ultimately decide that the refusal is unjustified.
That, in essence, is the story of British Steel Corp. v. Granada Television, Ltd. If this situation had arisen in the United States, legal consequences probably would be unremarkable in view of the law's considerable experience with such matters. The novelty posed for English law, however, and the …
Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman
Potentially Hazardous Merchandise: Domestic And International Mechanisms For Consumer Protection, Eric Shuman
Vanderbilt Journal of Transnational Law
Health disorders engendered by hazardous, exported foods, pesticides, drugs, and other products recently have attracted worldwide attention. The exportation of products which have been banned or highly restricted in their country of origin or which become hazardous in the environment of the importing nation is a popular issue for opponents of a perceived monolithic transnational industrial complex, as well as for critics of certain United States corporations. A more widely shared opinion is that the United States has a moral obligation to limit foreseeable harm from the export of potentially hazardous merchandise or at least to supply product hazard information. …
United States Employment Taxation Of German Nationals Working In The United States, John L. Gornall, Jr., Kevin Conboy
United States Employment Taxation Of German Nationals Working In The United States, John L. Gornall, Jr., Kevin Conboy
Vanderbilt Journal of Transnational Law
This Article begins with a discussion of the general application of FICA, SECA, and FUTA to nonresident aliens. Knowledge of the ordinary United States employment taxation scheme is necessary for an understanding of how the totalization agreement works.
The second part of this Article explains how totalization agreements between the United States and certain foreign countries--including the Federal Republic of Germany--have altered the United States employment taxation of nonresident aliens. These agreements generally provide the following: (1) the foreign worker and employer may pay taxes and receive benefits from either the home country or the temporary host country, but in …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY
By Robert C. Casad
Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.
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COMPARATIVE LAW YEARBOOK
VOL. 4, 1980
Edited by Dennis Campbell
The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.
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CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE
By Edward McWhinney
Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.
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THE ENVIRONMENTAL LAW OF THE SEA
Edited by Douglas M.Johnston
Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.
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INTERNATIONAL BUSINESS: ENVIRONMENTS AND …
Legal Issues Relating To The Canadian National Energy Program, Jean-Paul Lacasse
Legal Issues Relating To The Canadian National Energy Program, Jean-Paul Lacasse
Vanderbilt Journal of Transnational Law
Since its unveiling on October 28, 1980, Canada's National Energy Program has been commented upon abundantly in government circles, newspaper articles, trade magazines, and financial industry seminars, drawing both oil industry and foreign reactions. It has received less notice in scholarly publications, however, perhaps because it is a complex and continuously changing program that did not become effective until legislation was enacted. The purpose of this Article is to sketch a broad picture of the National Energy Program (NEP) while focusing on its Canadianization aspects, the new oil and gas taxation situation, and the Program's various transnational law implications. As …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
Case Digest
Administrative Procedural Due Process Supported in Major Foreign Policy Dispute --Dresser Industries, Inc. v. Baldrige, 549 F. Supp. 108 (D.D.C. 1982).
Permanent Resident Alien Attempting to Reenter the United States is Entitled to Due Process in an Exclusionary Hearing --Landon v. Plasencia, 103 S. Ct. 321 (1982).
Alien does not Have a Fourteenth Amendment Interest in a Procedure to Stay Deportation Where the INS Established the Procedure for Administrative --Wong ChungWen v. Ferro, 543 F. Supp. 1016 (W.D.N.Y. 1982).
A Plaintiff Suing a Foreign Sovereign's Insurer is not Entitled to a Trial by Jury --Goar v. Compania Peruana …
Recent Decisions, Robert L. Morgan, Sybil C. Peyer
Recent Decisions, Robert L. Morgan, Sybil C. Peyer
Vanderbilt Journal of Transnational Law
TREATY ON THE EXECUTION OF PENAL SENTENCES--Federal Court is not Precluded from Using Mexican Conviction as Evidence of Prior Conduct in Enhancing Subsequent Sentence, United States v. Fleishman, 684 F.2d1329 (9th Cir. 1982).
The instant decision examines for the first time two significant issues surrounding the repatriation of United States prisoners from Mexico under TEPS: the legality of prisoner challenges to the collateral effects of a Mexican conviction and the use of a Mexican conviction to enhance a subsequent sentence. By refusing to extend the Rosado holding to preclude "collateral effects" challenges, the instant court wisely recognized the importance of …
Chemical And Biological Warfare: Focus On Asia, Lee D. Klein
Chemical And Biological Warfare: Focus On Asia, Lee D. Klein
Vanderbilt Journal of Transnational Law
This Note concludes that (1) the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972 provide conventional restraints upon the use of lethal or seriously injurious CBWs; (2) modern treaties, customs, judicial decisions, and writings form a public international law norm that imposes a legal restraint limiting the use of lethal or seriously injurious CBWs and binding all states regardless of their acceptance of conventional prohibitions; and (3) the law of war today is characterized more accurately as the "law of armed conflict," because it must of necessity apply to conflicts that are not purely interstate. Before discussing …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Between Peace and War: The Nature of International Crisis By Richard Ned Lebow Baltimore and London: The Johns Hopkins University Press, 1981. Pp. xi, 350.
Anatomy of International Law: A Study of the Role of International Law in the Contemporary World By J.G. Merrils 2d ed. London: Sweet & Maxwell, 1981. Pp. xv, 146.$27.00.
Law and Inflation By Keith S. Rosenn Philadelphia: University of Pennsylvania Press, 1982. Pp. xxxix, 451.
Australian Courts of Law By James Crawford Melbourne: Oxford University Press, 1982. Pp. xv, 297
German Private and Commercial Law: An Introduction By Norbert Horn, Hein Kitz, and Hans G. …
Dedication, Dean C. Dent Bostick
Dedication, Dean C. Dent Bostick
Vanderbilt Journal of Transnational Law
It is a privilege for me to write a few words about my friend and colleague, Professor Igor Kavass. It has been the good fortune of the Vanderbilt Law School to have this ingenious and engaging man's high competence over the last decade, and it has been my good fortune as Dean and a fellow professor to know and cherish him as a colleague.
While his classroom teaching, committee service, and collegiality are valued highly by this institution, Professor Kavass' most enduring contribution to the Law School has been his accomplishments as the Law Librarian. In the course of ten …
The Japanese Law In English: Some Thoughts On Scope And Method, Dan F. Henderson
The Japanese Law In English: Some Thoughts On Scope And Method, Dan F. Henderson
Vanderbilt Journal of Transnational Law
Japanese law is a fledgling topic of comparative law in this country. The rapid growth of bilateral business and the integration of the United States and Japanese economies in recent years suggest the need for increased attention to this area. This Article first examines the prewar antecedents and the postwar developments of Japanese law in English in this country. It then reviews the present law school environment for the study of Japanese law as a comparative law subject. Finally, it briefly addresses three key issues basic to the development of this subject.
A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan
A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan
Vanderbilt Journal of Transnational Law
The Swiss Institute of Comparative Law seated at Lausanne was established by the federal statute of October 6, 1978. The Institute is envisioned as a center for the "documentation of and research into comparative, foreign, and international law." According to the statute and the implementing decree of December 19, 1979, the Institute serves the following purposes:
(1) to supply federal agencies and the federal administration with material and studies that may be needed for decisions concerning legislation and international treaties; (2) to contribute towards international efforts at the harmonization and unification of law; (3) to provide information and expert opinions …
Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky
Legal Research In The Federal Republic Of Germany: A Concise Presentation Of Basic Publications, Ralph Lansky
Vanderbilt Journal of Transnational Law
This Article provides information about legal literature and research in the Federal Republic of Germany. Twenty-four basic works are reviewed, including a dozen important law books and legal periodicals and a dozen legal bibliographies that help to locate additional legal information. In addition, a few other publications are briefly discussed. This Article addresses the use of selective legal materials and as a result is very basic. Its objective is to introduce the novice to German legal literature.
Most of the books concern the law of the Federal Republic of Germany. A few that are published in that country cover comparative …
United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov
United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov
Vanderbilt Journal of Transnational Law
The legal system of the Soviet Union, developed after the 1917 October Revolution, was introduced, with some variations, in several European, Asian, and Latin American states during the last years of World War II. These states have been characterized, both officially and unofficially, as "Soviet-type republics," "People's republics," "Socialist republics," and "Communist states." Their legal systems, although patterned after the Soviet Union legal system, developed in different directions. Today, the various legal systems of these republics are clearly distinguishable; however, one common feature is present: the states are ruled by one Communist party to the exclusion of other parties.
Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing
Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing
Vanderbilt Journal of Transnational Law
THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS
Edited by R. Lillich
Charlottesville: Michie, 1981. Pp. xii, 164
Reviewed by Stephen C. Hicks
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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION
By Grant F. Rhode and Reid E. Whitlock
Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.
Reviewed by David A. Elder
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STATE AND DIPLOMATIC IMMUNITY
By Charles Lewis London:
Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.
Reviewed by Edward A. Laing
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Emerging Financial Centers: Legal and Institutional Framework
Edited by Robert C. Effros
Washington, D.C.: International Monetary Fund, 1982. Pp. xvi, 1150. $35.00.
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The Foreign Corrupt Practices Act
By George C. Greanias and Duane Windsor
Lexington, Massachusetts: Heath and Co.,1982. Pp. ix, 187. $23.95.
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Foreign Commerce and the Antitrust Laws Vols. I-II.
By Wilbur L. Fugate
Boston and Toronto: Little, Brown and Company, 1982. Vol. I, pp. xxiv, 427; vol. II, pp. xxiv, 460. $100.00.
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The Fund Agreement in the Courts: Volume II.
By Joseph Gold
Washington, D.C.: International Monetary Fund, 1982. Pp.xii, 499. $17.50.
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International Capital …
International Legal Research: An Infinite Paper Chase, Adolf Sprudzs
International Legal Research: An Infinite Paper Chase, Adolf Sprudzs
Vanderbilt Journal of Transnational Law
International legal research operates in the contemporary reality of an increasingly interdependent, complex world in which constant change is the order of the day. Not only are the numbers of international actors on the world stage changing (from 51 original members of the United Nations in 1945 to 157 United Nations member-states in 1982), but also changing are the concepts and methods of international law-making, as well as perceptions of the nature and sources of international law. The tremendous growth in the number of new states and international organizations has been accompanied by a corresponding expansion in world trade, international …
The Legal Status Of United States Involvement In The Camp David Peace Process, Farooq Hassan
The Legal Status Of United States Involvement In The Camp David Peace Process, Farooq Hassan
Vanderbilt Journal of Transnational Law
In one context or another, the turmoil in the Middle East has been tragic not only for the states in the region but for the prospects of world peace. Because of this, the United States has been both directly and indirectly involved in the crises that have erupted there from time to time. A major milestone was reached when, largely due to the personal efforts of President Carter, Egypt and Israel signed the Camp David agreements on September 17, 1978, in Washington, D.C. The United States played a key role in the execution of these agreements and consequential instruments. Indeed, …
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)
UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465
IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)
THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …
Book Reviews, Stephan L. Honore, Dennis W. Arrow
Book Reviews, Stephan L. Honore, Dennis W. Arrow
Vanderbilt Journal of Transnational Law
Book Reviews
INTERNATIONAL ASPECTS OF CRIMINAL LAW: ENFORCING UNITED STATES LAW IN THE WORLD COMMUNITY
Edited by Richard B. Lillich
Charlottesville, Virginia: Michie, 1981. Pp. ix, 245.
Reviewed by Stephan L. Honorg
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SHIPBROKING AND CHARTERING PRACTICE
By Lars Gorton, RolfIhre, and Arne Sandevarn
London: Lloyd's of London Press,1980. Pp. xiii, 204 (authorized adapted translation of the Swedish edition of Befraktning)
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Time CHARTERS
By Michael Wilford, Terence Coghlin, and Nicholas Healy, Jr
London: Lloyd's of London Press, 1978. Pp.1vii, 319, £28.
Reviewed by Dennis W. Arrow
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
APPLICATION OF UNITED STATES LAW TO A FOREIGN SEAMAN'S SUIT DEPENDS UPON THE SUBSTANTIALITY OF THE FOREIGN DEFENDANT'S CONTACTS WITH THE UNITED STATES--Szumlicz v. Norwegian America Line, Inc., 698 F.2d 1192 (11th Cir. 1983).
RECOVERY PURSUANT TO THE FISHERMEN'S PROTECTIVE ACT FOR LOSSES RESULTING FROM SEIZURE OF VESSLS FISHING IN DISPUTED WATERS Is NOT LIMITED TO CITIZENS AND RESIDENT ALIENS OF THE UNITED STATES-CrUZ V. Zapata Ocean Resources, Inc., 695 F.2d 428 (9th Cir. 1982).
UNITED STATES SUPPORT OF CANADIAN SEARCH OF UNITED STATES VESSEL ON THE HIGH SEAS DID NOT VIOLATE DEFENDANT'S FOURTH AMENDMENT RIGHTS--United States v. Hensel, 699 …