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Full-Text Articles in Law

Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin Jan 1983

Recent Development In Insider Trading Through Swiss Bank Accounts: An End To The "Double Standard", Jonathan Levin

Northwestern Journal of International Law & Business

In recent years, the Securities and Exchange Commission (SEC) has increased its efforts to combat insider trading in publicly-traded securities in order to ensure fairness, honesty, and confidence in the United States securities markets. Nevertheless, insiders continue to employ Swiss banks as a conduit for their trading activie with little fear of detection.


Book Review: The New Nationalism And The Use Of Common Spaces: Issues In Marine Pollution And The Exploitation Of Antartica Jan 1983

Book Review: The New Nationalism And The Use Of Common Spaces: Issues In Marine Pollution And The Exploitation Of Antartica

Northwestern Journal of International Law & Business

As attention focuses upon the Antartic continent and other common international spaces as possible targets for development, decisionmakers mut be sensitive to the myriad, complex problems involved with such development. The development of Antartica, the subject of this study, must be attempted only after careful though and must progress incrementally. Two tensions, however, operate to distract us from studied development. They are resource scarcity and growing nationalism.


Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens Jan 1983

Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens

Northwestern Journal of International Law & Business

Current economic conditions have led many United States companies to search for ways of regaining competitive positions in international markets. Japan's enviable succes in international trade suggests several possible remedies, one of which is development of more harmonious labor-management relations. Some commentators have opposed the application of these cooperative labor practices in the United States, claiming that cultural differences are insurmountable. Japanese-style labor relations, however, have been implemented in the United States, either by conscious imitation, or though similar, domestically developed systems termed quality of worklife and participative management programs. Speculations about and experiments with Japanese labor relations have become …


The Frolova Case: A Practitioner's View, Anthony D'Amato Jan 1983

The Frolova Case: A Practitioner's View, Anthony D'Amato

Faculty Working Papers

The Frolova case may provide a substantial basis for continuing a trend away from the unfortunate decision in Banco Nacional de Cuba v. Sabbatino which may some day be viewed as the Alast gasp@ of the act of state doctrine as an impediment to the realization of the international rule of law.


Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker Jan 1983

Mca, Inc. V. United States: Judicial Recognition Of The Separate Interests Theory, Daniel N. Zucker

Northwestern Journal of International Law & Business

For United States federal tax purposes, the classificaiton of an entity as a partnership or a corporation has significant ramifications, particularly with respect to entities in foreign countries. Classification is especially important to the owners - whether shareholders or partners - of the entity because the question of whether they are taxed on their share of the profits or only upon repartriation will often depend on how the entity, set up under foreign law, is recognized by the Internal Revenue Service (Service). While entity classification in the domestic area has always been vulnerable to challenge, foreign entities face an additional …


Perspectives On Foreign Banking In The United States, Henry C. Wallich Jan 1983

Perspectives On Foreign Banking In The United States, Henry C. Wallich

Northwestern Journal of International Law & Business

Foreign banking has had a great expansion in the United States. This evolution has been accompanied by a variety of questions and concerns on the part of the public, American legislators and regulators, and American bankers. Many of these concrns have been allayed by the passage of the International Banking Act. Some nevertheless remain. To evalute them, I will begin by setting forth the benefits that foreign banks have brought to the United States. Then I will take a look at the principles that have guided and, I believe, should continue to guide United States' policy in this regard.


A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales Jan 1983

A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales

Northwestern Journal of International Law & Business

This Article will attempt to show that, despite much scholarly disparagement of the traditional "prompt, adequate and effective" standard of compensation for expropriation, when put to the test of deciding actual cases through arbitration, international law produces results not dissimilar from what might be expected under the standard. The Article compares the law of damages in international arbitration with United States domestic law and points out their similarities.


A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger Jan 1983

A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger

Northwestern Journal of International Law & Business

The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.


Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan Jan 1983

Book Review: The Law And Organisation Of International Commodity Agreements By Kabir-Ur-Rahman Khan

Northwestern Journal of International Law & Business

One wonders why a book that addresses a seemingly dead subject would be published now. Thus, the appearance on my desk of Kabir-ur-Rahman Kahn's book came as something of a surprise, particularly since I believed that I was the only other person in the history of humanity to devote book-length energy to the general subject of law and policy in intergovernmental primary commodity agreements. I was delighted, to say the least, to see that interest in the subject of primary commodity organizations had not faded away with the expansive dreams of the Common Fund. On the contrary, this new work …


Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti Jan 1983

Investing In Nigeria - The Law, Good Intentions, Illusion And Substance, Richard J. Faletti

Northwestern Journal of International Law & Business

The Journal has expressed concern whether the New Year's Eve coup d'etat in Nigeria may not have made obsolete the contents of this article. The mechanical workings of government in Nigeria are handled by a massive civil service bureaucracy. A new government will replace ministers and possibly permanent secretaries, but it will go no further. Many of the procedures, regulations and laws discussed within were put in place by the previous military government prior to 1979, were continued by the elected government, and will not be terminated by the new military government. I am convinced that bureaucratic life will go …