Law Commons^™

More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena

Northwestern Journal of International Law & Business

Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal markets to foreign law firms. India is something of an anomaly in this regard. Although it has one of the world's largest economies and has benefited greatly from liberalization in many industries, India's legal industry remains closed. Competition for foreign capital with other developing nations, particularly China, makes this an …

Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout

Northwestern Journal of International Law & Business

One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required …

The Derivative Market’S Black Sheep: Regulation Of Non-Cleared Security-Based Swaps Under Dodd-Frank, Barry Le Vine

Northwestern Journal of International Law & Business

This paper seeks to comprehensively analyze the SEC's security-based swaps mandate and how it should regulate those non-cleared OTC derivatives within its regulatory ambit to promote market stability, protect counterparties, and reduce the incentives for cross-border regulatory arbitrage which leads to systemic risk creation. It argues that there are many legitimate and compelling reasons for entering into bespoke security-based swap transactions and that imposing collateral and margin requirements would only distort the economics of these trades. It further argues that the SEC should not be in the business of setting margin requirements, which would be an unprecedented move for the …

"You Say Nano, We Say No-No:" Getting A "Yes" Instead For Special Economic Zones In India, Sumeet Jain

Northwestern Journal of International Law & Business

Special Economic Zones (SEZs) have the potential to be valuable in-struments of economic growth and development in India. Yet, as a result of the resistance facing them, SEZs in India have not delivered economic benefits to their fullest potential. For this reason, reducing the resistance facing SEZs is critical to their success. This article seeks to reduce this resistance by devising a consensus-building plan based on a regulatory negotiation approach. The ar-ticle first shows that the past and present resistance facing India’s economic zones is a product of the lack of public input in the design of their policy. It …

The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris

Northwestern Journal of International Law & Business

Economic incentives play an integral role in many individuals' choices to leave their country of origin. While a person may independently make the decision to migrate, some governments have developed extensive programs to promote the export of workers. Developing nations often initiate such programs for the purpose of acquiring additional sources of foreign exchange and external financing, as emigrants in transnational families can play a critical role in development through remittances. Remittances to developing countries totaled $325 billion in 2010, and they will likely continue to increase along with emigration. The following Comment considers the palpable contribution remittances have on …

Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh

Northwestern Journal of International Law & Business

American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predicate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to abandon the insurable interest doctrine. As both the English and Australian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …

Work Product Protection, Tax Accrual Documents, And United States V. Textron, Inc.: Why The First Circuit Got It Right For The Wrong Reasons, Stacey Roberts

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Evidence Of Ambiguity: The Effect Of Circuit Splits On The Interpretation Of Federal Criminal Law, Julian W. Smith

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker

South Carolina Journal of International Law and Business

No abstract provided.

Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec

South Carolina Journal of International Law and Business

No abstract provided.

Russia's Lack Of American-Style Agency Priciples: A Primary Cause Of Corporate Governance Problems Today, C. Keith Marshall Jr.

South Carolina Journal of International Law and Business

No abstract provided.

The Impending Nuclear Disaster: Flaws In The International Counter-Proliferation Regime At Sea, Raul (Pete) Pedrozo

Loyola University Chicago International Law Review

No abstract provided.

The Law Of War In The War Against Terrorism, Michael A. Newton

Loyola University Chicago International Law Review

No abstract provided.

The Destruction Of Mass Weapon Distribution: The United Nations Arms Trade Treaty & The Part America Must Play, Matthew Leavitt

Loyola University Chicago International Law Review

No abstract provided.

The Somali Piracy Challenge: Operational Partnering, The Rule Of Law, And Capacity Building, Brian Wilson

Loyola University Chicago International Law Review

No abstract provided.

The Fight For Clean Technology Funds: Who Should Control The Future Of Low-Carbon Technology In The Developing World, William Gardner

Indiana Journal of Global Legal Studies

As part of a multilateral climate change treaty, the parties to the United Nations Framework Convention on Climate Change (UNFCCC) have discussed establishing an international aid mechanism, or fund, to support low-carbon energy generation and energy efficiency projects in developing countries. The selection of a fund administrator has been particularly contentious. Many developed countries believe that, rather than creating a new fund, the COP should use an already established one-the World Bank's Clean Technology Fund (CTF)-and select the World Bank as fund administrator.H owever, many developing countries believe the Conference of the Parties (COP) to the UNFCCC should create a …

The Alien Tort Statute And Flomo V. Firestone Natural Rubber Company: The Key To Change In Global Child Labor Practices?, Jessica Bergman

Indiana Journal of Global Legal Studies

The case of Flomo v. Firestone Natural Rubber Company involves child laborers' claims that labor practices on a Liberian rubber plantation violate international norms. Though the case was recently resolved in favor of the defendants at the district court level, the case's complicated procedural and substantive history offers insight into the viability of future child labor claims. This Note examines the Flomo case and explores how standards from the ATS and the United States Supreme Court case Sosa v. Alvarez-Machain apply to future plaintiffs' claims. This Note also analyzes the potential repercussions that plaintiffs face in using the ATS as …

From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick

Indiana Journal of Global Legal Studies

"[O]ur struggle for democracy is a struggle for our everyday life." This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues to fail due to the regime-written "new" constitution that guarantees the regime's continued leading role in the state apparatus.2 Illegitimate elections and continued repression of the democratic opposition allow for the regime's violations of basic human rights to continue. Rights violations that include displacement, forced labor, …

Tort Liabilities And Torts Law: The New Frontier Of Chinese Legal Horizon, Mo Zhang

Richmond Journal of Global Law & Business

China did not have a single body of torts law until 2009. As a new piece of legislation in the country, the Torts Law of China, effective as of July 1, 2010, forms a comprehensive framework that regulates torts and provides a legal mechanism to govern liabilities and remedies. A product of the civil law tradition, common law practice and Chinese reality combined, adoption of the Torts Law is hailed in China as an important move toward a civil society that is ruled by law.

The Torts Law premises torts on the fault liability with a few exceptions where the …

The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law, Tamo Zwinge

Richmond Journal of Global Law & Business

The United Nations Convention on Contracts for the International Sale of Goods ("CISG"or "Convention") aims to create uniform international sales law to facilitate international trade. However, there are numerous sources of divergence in interpretation and application of the Convention in different jurisdictions. It is therefore possi- ble that courts of different countries interpret the words of the Convention differently. This article investigates the major influences of domestic law on the Convention's interpretation and application. Notably, the so-called "homeward trend" of interpreters is discussed. Furthermore, the article scrutinizes the scope of Article 4 of the CISG in order to delimitate the …

The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund, John J. Garman, Matthew K. Bell

Richmond Journal of Global Law & Business

This paper examines the constitutionality of the binational panels of the North American Free Trade Agreement (“NAFTA”) under the United States Constitution. Part I provides an overview of the binational panel process. Part II outlines the process for challenging the constitutionality of binational panels and the obstacles that must be overcome. Part III discusses possible violations of the Due Process Clause. Part IV analyzes the constitutionality of binational panels under Article II of the United States Constitution. Part V examines the constitutional implications of Article III with respect to the absence of judicial review. Part VI is a case-by-case analysis …

Doing Business In Egypt After The January Revolution: Capital Market And Investment Laws, Radwa S. Elsaman

Richmond Journal of Global Law & Business

Despite the Egyptian economy’s remarkable growth during the last decade, unequal treatment at law and unfair distribution of wealth led to the Revolution on January 25, 2011. The Revolution affected investment in Egyptian markets. Reforming business laws— specifically the Capital Market and Investment Laws— has become essential to restore confidence in Egyptian markets. These two branches of business law have undergone many developments over the years, which have improved them significantly. Legal compliance, however, remains a major concern. This Article surveys the economic activity in Egypt from a legal perspective. It evaluates Egyptian laws affecting economic activity by analyzing the …

From Russia With Love: The Eu, Russia, And Special Relationships, Eric Engle

Richmond Journal of Global Law & Business

This paper compares the institutions and goals of the USSR, the EU, and the CIS to understand the differing origins and competing tendencies of these alternative models of transnational governance. It then projects those models through history to examine the current relationships of the former Soviet Republics to the EU and the United States. Understanding the historical sources and development of transnational relations in Eastern Europe will enable better international relations among the EU, the Russian Federation, and the other former Soviet Republics. This comparison will also help the Russian Federation and other former Soviet Republics to take up EU …

The Future Of Hedge Fund Regulation: A Comparative Approach: United States, United Kingdom, France, Italy, And Germany, Anne Riviere

Richmond Journal of Global Law & Business

No abstract provided.

Death By A Thousand Cuts: Incorporating Cumulative Effects In Australia's Environment Protection And Biodiversity Conservation Act, Jessica T. Dales

Washington International Law Journal

The Environment Protection and Biodiversity Conservation Act 1999 (“EPBCA” or “the Act”) is the Australian government's keystone piece of environmental legislation. The EPBCA provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities, and heritage places—defined in the Act as matters of National Environmental Significance (“NES”). The Act comes into play when a proposed action has the potential to have a significant impact on a matter of national environmental significance. Although it has played a vital role in protecting Australia’s environment, the EPBCA does not explicitly address the cumulative impact of multiple actions on …

The European Union And The Treaty Of Lisbon, Roger J. Goebel

Fordham International Law Journal

With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …

Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff

Fordham International Law Journal

This Essay will explore the issues and concerns from both the defendant and plaintiff angle, and from the micro to the macro level. Above all, it hopes to suggest ways in which the EU systems might be improved to increase fairness and access to justice for both sides. The first three Parts of this Essay consider the issues from the point of view of defendants in cartel investigations. Part I looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. Part II steps back to focus on more over-arching …

The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess, Ramon Torrent

Fordham International Law Journal

This intends to be a very empirical Essay. It lets the facts (legal facts, but facts nevertheless) speak for themselves. Part I of this Essay first examines the not granting of national treatment by European Union ("EU")-and EU Member States'-law to companies controlled by third-country nationals or other companies. Part II shows that bilateral investment treaties ("BITs") concluded by EU Member States do grant such national treatment horizontally and without any sectorial exception (contrary to US BITs that do include a list of exceptions, as shown in Part III). Part IV explains why BITs (not only EU Member States' BITs, …

Protecting Non-Us Citizens From Removal Terminating Hiv/Aids Treatment, Valerie K. Mitchell

Fordham International Law Journal

Part I of this Note introduces the problem of removal of non-US citizens with HIV/AIDS in the United States to countries where treatment is unavailable, and discusses case law in which the European Court of Human Rights and the Inter-American Commission on Human Rights have recognized a protection from removal that would terminate HIV/AIDS treatment. Part II examines the US domestic legal protections potentially available to non-US citizens in the United States whose removal will terminate their HIV/AIDS treatment, as well as the application of each of these legal protections to those with HIV/AIDS contesting deportation to countries lacking adequate …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.