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Articles 1 - 7 of 7

Full-Text Articles in Law

• Finding Shade From The "Government In The Sunshine Act": A Proposal To Permit Private Informal Background Discussions At The U.S. International Trade Commission, Michael Anthony Lawrence Jan 1995

• Finding Shade From The "Government In The Sunshine Act": A Proposal To Permit Private Informal Background Discussions At The U.S. International Trade Commission, Michael Anthony Lawrence

Michael Anthony Lawrence

This article suggests that the practice of International Trade Commission (ITC) commissioners not to deliberate or share opinions among the themselves before releasing their decisions in antidumping and countervailing duty (AD/CVD) cases is at once shortsighted, anti-intellectual, and ultimately unnecessary. The plain language and legislative history of the federal Government in the Sunshine Act - the ITC’s apparent procedural reason not to deliberate or share opinions – simply does not apply, either to informal background discussions among the commissioners designed to clarify issues and expose varying views, or to the sort of meetings where the commissioners might discuss AD/CVD ...


International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg Jan 1995

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the ...


An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang Jan 1995

An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang

Faculty Scholarship at Penn Law

In this article, Professor Howard Chang addresses the role of trade restrictions in supporting policies to protect the global environment and proposes a more liberal treatment of these environmental trade measures than that adopted by dispute-settlement panels of the General Agreement on Tariffs and Trade (GATT). The GATT Secretariat has recommended that countries like the United States rely on "carrots" rather than "sticks" in order to induce the participation of other countries in multilateral environmental agreements. Professor Chang defends the use of sticks on the ground that they encourage more restrained exploitation of the environment pending a multilateral agreement. First ...


Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala Jan 1995

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation ...


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1995

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn Jan 1995

A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Eu-Gruppundantag Med Förhinder, Hans Henrik Lidgard Dec 1994

Eu-Gruppundantag Med Förhinder, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.