Law Commons^™

Free To Choose, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

No abstract provided.

The Origins Behind The Limited Liability Company, Susan P. Hamill

Articles

This Article documents the story behind the complex origins of the Limited Liability Company (LLC). Using unpublished letters, memoranda, and other documents, this Article shows the inside story of the interest group activity responsible for inventing the first LLC statute in 1977, the initial battle fought by the early LLC proponents to secure partnership classification from the Internal Revenue Service, and the organized efforts of LLC proponents in the 1990s lobbying the IRS for more favorable partnership classification rules, while encouraging the states to enact statutes. Professor Hamill offers a unique perspective on the story of the LLC through her …

From Grievance And Complaint To Sanction: Attorney Misconduct In Ohio, Jack P. Sahl

University of Dayton Law Review

No abstract provided.

Appropriate Federal Rules Of Veil-Piercing In Response To United States V. Cordova Chem. Co., Jay A. Mckendree

University of Dayton Law Review

United States v. Cordova Chem. Co., 113 F.3d 572 (6th Cir. 1997), cert. granted sub nom, United States v. CPC Int'l, 118 S. Ct. 621 (Dec. 12, 1997) (No. 97-454).

Where America Ends And The International Order Begins: Interpreting The Jurisdictional Reach Of The U.S. Constitution In Light Of A Proposed Hague Convention On Jurisdiction And Satisfaction Of Judgments, Andrew L. Strauss

School of Law Faculty Publications

The recently concluded Hague Convention on Choice of Courts Agreements is the culmination of over a decade of negotiations. While the convention is very modest in what it attempts to accomplish, many observers see it as a first step toward achieving greater global uniformity of rules regarding jurisdiction and satisfactions of judgments. To the extent the United States Constitution governs the international ambit of United States jurisdiction in international cases, there is the potential for conflict between the Constitution and international treaty rules. A treaty found to be in conflict with the Constitution would likely be held invalid — at …

The Case For Utilizing The World Trade Organization As A Forum For Global Environmental Regulation, Andrew L. Strauss

School of Law Faculty Publications

In his article "Environmental Policy in the New World Economy," Alan Miller discusses the environmental implications of globalization. Recognizing that the flow of international private capital to developing countries is far more significant than international development assistance, he questions how we can use public policy to maximize the positive environmental effects of private investment. Miller suggests the need to find strategies that utilize market forces to benefit the environment.

This article heeds Alan Miller's call by suggesting new approaches to thinking about the potential for the World Trade Organization (WTO) to play a positive environmental role.

In this article, my …

Internet Solutions To Consumer Protection Problems, Gregory E. Maggs

GW Law Faculty Publications & Other Works

This Article claims that the Internet may provide consumers with new kinds of protection in buying goods and services and new powers in resolving disputes. The Internet achieves these results by reducing the cost of communication.

Translating Federalism: A Textualist Reaction, Gregory E. Maggs

GW Law Faculty Publications & Other Works

In his rich and important article, Translating Federalism: United States v Lopez, Professor Lawrence Lessig advances two ambitious and provocative claims. Lessig first asserts that the Supreme Court has sought to control the expansion of federal power by "translating" the Commerce Clause instead of following the Clause's textual meaning. Second, Lessig proclaims that, as a normative matter, the Supreme Court should engage actively in this type of translation. In his view, the Court shows greater fidelity to the Constitution by reading it in ways that preserve the document's original function than the Court exhibits by strictly following the document's text. …

Juvenile Delinquents: Typical Characteristics, Giuseppe Michael Fazari

Seton Hall University Dissertations and Theses (ETDs)

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Language And The Globalization Of The Economic Market: The Regulation Of Language As A Barrier To Free Trade, Stacy A. Feld

Vanderbilt Journal of Transnational Law

The European Union has devoted recent efforts to establishing an integrated global economy, free of barriers or hindrances, primarily through Article 30 of the Treaty Establishing the European Community, the central free movement of goods principle. By eliminating barriers to free trade, the European Union seeks to achieve a single globalized economy among its Member States. Not surprisingly, economic globalization in the European Union has given rise to an integration of political and cultural values among European nations. As a result of this "convergence of values," Member States have responded by enacting protectionist measures that reassert their regulatory autonomy over …

Malaysia's Censorship Regime Collides With The Economic Realities Of The Twenty-First Century, Aaron D. Davidson

Vanderbilt Journal of Transnational Law

Despite an extensive history of censorship and political speech suppression, Malaysia's Vision 2020 goal of becoming a fully developed nation requires the nation to facilitate an open exchange of ideas and information. The government seeks to create a center for broadcasting, filmmaking, and the development of multimedia products. While Malaysia has begun to abandon some of its censorship practices, the remaining restrictions on its citizens' speech and press freedoms threaten to hamstring the country's efforts to become a fully developed nation by 2020.

This Note discusses Malaysia's beginning as a British colony, identifying the religious, racial, and class distinctions now …

Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King

Vanderbilt Journal of Transnational Law

This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …

Pierre Goes Online: Blacklisting And Secondary Boycotts In U.S. Trade Policy, Peter L. Fitzgerald

Vanderbilt Journal of Transnational Law

The extraterritorial application of U.S. economic sanctions and trade controls is a perennial topic of discussion among international trade practitioners and a frequent cause for concern abroad. While long present in one form or another as part of several U.S. trade and export control programs, there has been a resurgence in the use of unilateral extraterritorial trade regulation by the United States following the unraveling of widespread international consensus on who should be the targets for such controls and sanctions as a result of the breakup of the Soviet Union, and the demise of the international Coordinating Committee on Multilateral …

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …

The Vienna Convention On Consular Relations: A Study Of Rights, Wrongs, And Remedies, William J. Aceves

Vanderbilt Journal of Transnational Law

This Article reviews U.S. compliance with the Vienna Convention on Consular Relations and the ability of foreign governments to seek redress for treaty violations in federal courts. The Vienna Convention requires signatory states to notify detained foreign nationals of their right to consular access. While the United States has sought to ensure that foreign governments comply with the provisions of the Vienna Convention when they detain U.S. citizens abroad, it has failed to ensure that foreign nationals are provided with comparable protection when they are detained in the United States.

The Author examines several cases in which both foreign nationals …

The Relevance Of The Concepts Of War And Armed Conflict To The Law Of Neutrality, Georgios C. Petrochilos

Vanderbilt Journal of Transnational Law

The law of neutrality applies among states engaged in war and third states seeking to maintain friendly relations with the belligerent states. While belligerent parties possess belligerent rights, including those in the Law of Prize, states deemed neutral must fulfill certain neutral duties. In exchange, neutral states enjoy the protection afforded to neutral parties by the law of neutrality.

The Article focuses on the state of affairs that triggers application of the law of neutrality. The law addressing this issue leaves many questions unanswered. This Article addresses the importance of the declaration of war by belligerent states in assessing whether …

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Vanderbilt Journal of Transnational Law

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part II describes the Swiss tradition of bank secrecy. …

Ireland's Divorce Bill: Traditional Irish And International Norms Of Equality And Bodily Integrity At Issue In A Domestic Abuse Context, Anthony T. Barnes

Vanderbilt Journal of Transnational Law

On November 24, 1995, the Irish population voted to ease Ireland's constitutional ban on divorce by means of a constitutional amendment. The new amendment and the bill that effectuates it give Irish citizens a limited legal right to end their marriages for the first time in Ireland's history. The limits surrounding Irish divorce consist of a significant waiting period, a living-apart requirement, and a slant toward mediation.

This Note explores the predicaments of abused spouses and the unique risks that Ireland's divorce limitations pose to spousal abuse victims seeking to end their marriages. This Note argues that the limitations of …

Predicting The Effect Of Italy's Long-Awaited Rape Law Reform On "The Land Of Machismo", Amy J. Everhart

Vanderbilt Journal of Transnational Law

In 1996, the Italian Parliament enacted a new rape law, replacing a law written in 1936 under the direction of Fascist-era leader Benito Mussolini. While the old law classified rape as a crime against public morality, the new law declares it a crime against the person. That it took sixty years to reform the law is a reflection of Italy's long history of subordinating its women. That the law has finally been reformed is a reflection that those women have united to change that attitude. This Note discusses the history of the rape law in Italy and the role of …

Intervention And Joinder As Of Right In International Arbitration, S. I. Strong

Vanderbilt Journal of Transnational Law

For the purpose of this Article, an existing party is said to have a claim to join a third party into an arbitration as of right when (1) in the third party's absence, complete relief cannot be accorded among those already parties to the arbitration or (2) the third party asserts an interest relating to the subject of the arbitration and is so situated that the disposition of the arbitration in the third party's absence may (a) as a practical matter impair or impede the third party's ability to protect that interest or (b) leave any of the persons already …

A New Miranda For Foreign Nationals?, James A. Deeken

Vanderbilt Journal of Transnational Law

This Note will explore the conflict between federalism expressed in the U.S. Constitution and the demands that international treaties, entered into by the federal government, make on local governments. Part I will explain the current state of the issues addressed in the Note, including the Vienna Convention, and the relevant provisions relating to the arrests of foreign nationals. The Note will then examine whether, given that international treaties have been interpreted as providing rights and provisions that are only enforceable by countries, a private party, such as a foreign national, has the power to invoke the provisions in his defense …

More Turbulence Ahead: A Bumpy Ride During U.S.-Japanese Aviation Talks Exemplifies The Need For A Pragmatic Course In Future Aviation Negotiations, Derek Lick

Vanderbilt Journal of Transnational Law

This Note analyzes the U.S.-Japanese aviation agreement and the negotiations that led to its signing. More specifically, it examines how the parties involved--including U.S. airline carriers who disagreed as to how the United States should proceed--influenced the negotiation process. Part II of the Note focuses on the current U.S. policy of expanding open skies when negotiating bilateral aviation treaties with foreign countries. Part III looks at the U.S.-Japanese aviation market and its importance for U.S. airlines. Part IV examines how the Japanese government successfully used its strategic placement in the Asian market to avoid U.S. efforts to impose an open …

Private Religious Choice In German And American Constitutional Law: Government Funding And Government Religious Speech, Ingrid B. Wuerth

Vanderbilt Journal of Transnational Law

We will never face Germany's specific problems of religion and government, arising as they do from its particular history. The sharply contested religion cases from Germany in the late 1990s do, however, point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. To understand the problems of funding religious groups in neutral programs, we must back up and ask the foundational question: what goals may the government pursue with its funding? The broader those goals are defined, the greater the potential distortion of private religious choice, through …

Removing The Venom From The Snakehead: Japan's Newest Attempt To Control Chinese Human Smuggling, Ian Peck

Vanderbilt Journal of Transnational Law

This Note examines Japan's 1997 Amendment to the Immigration Control and Refugee Recognition Act as a response to illegal Chinese immigration. Part II of the Note identifies and explains the international human smuggling crisis. Part III examines Sino-Japanese human smuggling. Finally, Part IV analyzes the Immigration Control and Refugee Recognition Act in detail and suggests some of the Act's shortcomings.

Transnational Bribery Of Foreign Officials: A New Threat To The Future Of Democracy, Julie B. Nesbit

Vanderbilt Journal of Transnational Law

Anti-corruption movements around the world have set the stage for a comprehensive attack on transnational bribery. The Organization of American States adopted the first convention to criminalize transnational bribery in 1996, and efforts by the OECD to address the issue culminated in the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which was signed by the representative Ministers in November 1997, and is expected to enter into force by 1999. While these developments are promising, they offer only a partial solution to a complex problem. Transnational bribery will persist until a comprehensive anti-corruption strategy, based on …

Municipal Involvement In International Relations, John Jack William Hilgers

Theses and Dissertations in Urban Services - Urban Management

The purpose of this study is to examine municipal involvement in international relations in the United States. This municipal phenomenon is occurring concurrently with both a shift away from the traditional nation-centric structure of international relations under the influence of globalism as well as a sharp decline in intergovernmental aid. The research questions were: (1) What are the indicators that define municipal involvement in international relations? and (2) What is the extent of that involvement?

Extensive qualitative and research was conducted in the form of an exploratory literature survey which was set forth in narrative analysis to overcome the paucity …

United States V. Adlman: Protection For Corporate Work Product?, Charles M. Yablon, Steven S. Sparling

Articles

The Adlman case, decided by the U.S. Court of Appeals for the Second Circuit, significantly expanded the scope of the work product doctrine, particularly affecting corporate legal documents. The court adopted the "because of litigation" test, determining that documents created in anticipation of future litigation are protected, even if they serve dual purposes such as business strategy. This ruling has implications for how companies prepare for transactions and disputes, potentially shielding more strategic documents from discovery while maintaining exceptions for routine or regulatory documents.

Virtue And Criminal Negligence, Kyron J. Huigens

Articles

No abstract provided.

Spain Returns To Trial By Jury, Stephen C. Thaman

All Faculty Scholarship

In 1995, the Spanish Parliament reenacted trial by jury in criminal cases by implementing a mandate of the 1978 post Franco Spanish Constitution. This article discusses the 17 year dispute, following the ratification of the democratic post-Franco Spanish Constitution, on whether Article 25 mandated the reintroduction of lay participation in the criminal trial, and, if so, whether in the form of the classic jury or a continental European style court with lay assessors. This article analyzes the Law on Trial by Jury and its implementation in the first year of trials, and references Spain’s experience with trial by jury in …

Resurrecting The Dodo: The Unfortunate Re-Emergence Of The Puffery Defense In Private Securities Actions, Jennifer O'Hare

Faculty Publications

The conventional wisdom is that the puffery defense is inapplicable in securities regulation. However, appellate courts in almost every federal circuit have recently used the puffery defense to dismiss private securities fraud actions that were based on vague statements of corporate optimism. This Article demonstrates that the courts have misused the puffery defense and have improperly insulated companies from liability for their misrepresentations. It contends that the assumptions justifying the use of the puffery defense are not present in securities transactions and that the federal securities laws have expressly rejected the very doctrine underlying the puffery defense-caveat emptor. Arguing that …