Commercial Law Commons^™

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

Books Received ================

Documents on Prisoners of War Edited by Howard S. Levie Newport, Rhode Island: Naval War College Press, 1979. Pp. 841.

Chinese Family Law and Social Change in Historical and Comparative Perspective Edited by David C. Buxbaum Seattle, Washington: University of Washington Press, 1978. Pp. 553. Bibliography and Chinese-English Glossary

The Definition of Law By Herman Kantorowicz Edited by A. H. Campbell New York: Octagon Books, 1980. Pp. 89. $13.50

The Legal Regime of Islands in International Law By Derek W. Bowett Dobbs Ferry, New York: Oceana Publications, Inc.,1978. Pp. 337. Diagrams and Maps.

International Norms and National …

Consumer Liability For Deficiencies In Washington, Edith R. Warkentine

Seattle University Law Review

This article focuses on a secured party's right to hold a debtor liable for a deficiency when resale of the goods does not satisfy the remaining obligation.

Banks And Banking - Bank May Finance The Involuntary Takeover Of One Of Its Borrowers And May, In Making Its Loan Decision, Rely On Confidential Information Received From The Takeover Target, John C. Sullivan

Villanova Law Review (1956 - )

No abstract provided.

Judicial Supervision Of Transnational Commercial Arbitration: The English Arbitration Act Of 1979, William W. Park

Faculty Scholarship

Present day interaction between court and arbitrator is reminiscent of the seventeenth century struggle between court and crown, in which King James I claimed that his representatives should have the right to adjudicate disputes according to "natural reason," not according to the "artificial ... judgment of the law." The Lord Chief Justice, Edward Coke, resisted this arrogation of power using words attributed to Bracton: "quod Rex non debet esse sub homine, sed sub Deo et lege." Although under no man, the King was subject to God and the law. The extent to which the modern commercial arbitrator should likewise be …

Duty Of Directors With Respect To Potential Violations Of U.S. Law By Foreign Subsidiaries, Stephanie M. Phillips

Vanderbilt Journal of Transnational Law

This article considers whether the directors of a parent corporation breach their fiduciary duty to the shareholders and the corporation when they fail to obtain information concerning the business affairs and activities of a foreign subsidiary or to investigate fully the activities of a subsidiary, when those directors have information that the subsidiary may be violating United States law. These issues were originally raised in connection with alleged violations of the Rhodesian Sanctions Regulations and United States restrictions concerning sales to South Africa and Namibia by the wholly owned foreign subsidiaries of United States corporations. In response to allegations that …

The Troublesome Workings Of The Judgments Convention Of The European Economic Community, Errol P. Mendes

Vanderbilt Journal of Transnational Law

The problems involved in the jurisdiction by consent provisions in article seventeen and the special rules for insurance claims in articles seven through fifteen have to some extent been dealt with by the provisions of the Judgments Accession Convention as have the problems arising under the hire purchase and credit sale transactions. Nevertheless, a comprehensive definition of the term "consumer sale" is needed from the European Court.

There can be little doubt that both lawyers and litigants who are affected by the Convention, would prefer to operate under the conflict of laws rules of their own nations which, although complex, …

A Comparison Of The Foreign Corrupt Practices Act And The Draft International Agreement On Illicit Payments, Margaret H. Young

Vanderbilt Journal of Transnational Law

Congress advocates the position that foreign bribery in a commercial context contributes to foreign relations problems, a perception of corporate immorality, and erosion of the free market system. By enacting the Foreign Corrupt Practices Act of 1977 (FCPA), the United States initiated a unilateral attack on the problem of commercial bribery abroad. Commentators frequently criticize the FCPA's unilateral approach, noting that it places United States companies at a competitive disadvantage overseas.

It is generally recognized that multilateral support is necessary before significant progress can be made in halting the prevalent practice of payments to foreign officials for business advantages. In …

The Establishment Of Foreign Bank Agencies And Branches In New York, Clifford D. Harmon

Vanderbilt Journal of Transnational Law

In recent years foreign banking associations have played an increasingly important role in the United States money market. While foreign banks have been operating in the United States since the 1870's, no substantial foreign banking existed in this country until the early 1970's. Since that time, however, there has been rapid expansion, and by 1978 there were 210 foreign bank facilities controlling $66 billion in assets in the United States. Most of this activity is confined to New York, Illinois, and California.

New York alone accounts for three quarters of all foreign bank assets in this country. Although this concentration …