Commercial Law Commons^™

Products Liability--Liability Of Transferee For Defective Products Manufactured By Transferor, P. Anthony Lannie

Vanderbilt Law Review

In the landmark decision, Greenman v. Yuba Power Products,Inc., , the California Supreme Court eliminated a similar barrier to consideration of products liability goals-the breach of warranty theory designed to meet the needs of commercial transactions. Justice Traynor addressed the central question-"When should the manufacturer be responsible to those injured by his products?"'-and concluded that "rules . . .that were developed to meet the needs of commercial transactions cannot properly be invoked to govern the manufacturer's liability to those injured by their defective products unless those rules also serve the purposes for which such liability is imposed."' Confronted with another …

Antitrust Consequences Of United States Corporate Payments To Foreign Officials, James F. Rill, Richard L. Frank

Vanderbilt Law Review

This Article examines the feasibility and desirability of marshalling section 2(c)' of the Clayton Act as amended by the Robinson-Patman Act and sections 1 and 2 of the Sherman Act against a practice having deep legal, political, and emotional significance in the United States and overseas. Difficult questions of jurisdiction and coverage are presented, as are major issues of public policy on what the role, if any, should be for these provisions.

Tai Kien Industry Co. Ltd. V. M/V Hamburg: Contractual Forum Selection Clears Another Hurdle, Dumont Iv Clarke

North Carolina Journal of International Law

No abstract provided.

Hughes Aircraft Co. V. United States: Juridiction Over Patent Infringement Claims Against The United States, Michael L. Ball

North Carolina Journal of International Law

No abstract provided.

Book Review, James K. Weeks

Syracuse Journal of International Law and Commerce

Review of the book “The Law of the European Economic Community-A Commentary on the EEC Treaty” by Hans Smit and Peter Herzog.

Panel Discussion: Regulation Of Foreign Investment And Trade, John J. Barcelo Iii, William Connell, Jon E. Bischel, James M. Spence, Michael Gadbaw

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

Discussion among panelists regarding the new Foreign Investment and Trade Act of Canada, its implications regarding investment to Canada from the United States, tax treatment, and other investment issues.

Back Matter

Syracuse Journal of International Law and Commerce

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Panel Discussion: Prognostications, L.F.E. Goldie, James M. Spence, Lorne S. Clark, Harold Russell, Michael Gadbaw, Frank Ruddy, John J. Barcelo Iii, William Connell

Syracuse Journal of International Law and Commerce

Discussion is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

The panel discusses effects of the Foreign Investment Review Act will have on the future of United States investment flows into Canada, while acknowledging the unique relationship these two trading patterns have and the symbiosis that each provides to the other for the betterment of both North American trading partners.

Foreign Commerce Regulation Under The Interstate Commerce Act: An Analysis Of Intermodal Coordination Of International Transportation In The United States, Paul Stephen Dempsey

Syracuse Journal of International Law and Commerce

The economic regulation of the transportation of commodities moving in foreign commerce is, in the United States, divided among three separate and independent regulatory agencies. This analysis explores the legal developments which have in recent years appeared in the arena of international transportation. More specifically, it shall focus on such regulation as promulgated in the Interstate Commerce Act (ICA) and, concomitantly, the interrelationship of regulatory responsibilities between the separate administrative bodies holding jurisdiction over international transportation and their efforts to stimulate intermodal cooperation.

The Rule On Interlocutory Injunctions Under Domestic Law And The Interim Measures Of Protection Under International Law: Some Critical Differences, A. O. Adede

Syracuse Journal of International Law and Commerce

The author describes Article 41 of the Statute of the International Court of Justice, which is meant to preserve the respective rights of parties to the dispute pending litigation. The view adopted in this Article is that it is evidently necessary to state specifically, in an instrument conferring jurisdiction to indicate interim measures upon an international forum, that such measures shall be binding as between the parties to the dispute and in respect of that particular case. Without such a specific provision on the binding nature of interim measures, an instrument conferring jurisdiction will be understood as having left the …

The Law Of Natural Resources Development: Agreements Between Developing Countries And Foreign Investors, Andrew N. Onejeme

Syracuse Journal of International Law and Commerce

Explores the changing idea of national sovereignty issues in respect to the natural resources held by an economically developing country, and how laws and legal thinking have changed from the times of colonial legal reasoning to today’s newly independent and self-governing countries.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

State Responsibility To Espouse Claims Of Nationals Based On Contracts With Foreign Nations, David Hamilton

North Carolina Journal of International Law

No abstract provided.

International Law And Natural Resources, Lorne S. Clark

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

In both Canada and the United States, the finite nature of our resource inheritance is increasingly appreciated, and this has raised similar concerns about availability in relation to national needs. Canada -- which has a greater percentage of its resources owned by foreign corporations than any other industrialized nation in the world -- this realization is matched by a desire to improve the economic benefit to Canadians from the export of our nonrenewable resources. Canadians are now seeking to take fuller advantage …

Books Received

Syracuse Journal of International Law and Commerce

Reviewing: “International Law: Chiefly as Interpreted and Applied in Canada” edited by J.-G. Castel; “The Irish Triangle: Conflict In Northern Ireland” by R. Hull; “Racial Discrimination and Repression in Southern Rhodesia” by The International Commission Of Jurists; “Pattern for Profit in Southern Africa” by Ian Mackler; and “Arbitration In International Trade,” by P. O'keefe.

Recent Developments In The Legal Framework Of U.S.-Canadian Trade, Michael Gadbaw

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

This paper reviews recent trade law developments affecting U.S.-Canadian trade flows. Specifically, it covers: (1) the General Agreement on Tariffs and Trade, (2) the Agreement with Canada Concerning Automotive Products, and (3) several provisions of U.S. law which directly affect U .S.-Canadian trade. Illustrated is the dynamic and complex system of laws through which national economic policies are implemented. While great progress has been made in the reduction of trade barriers, there are still a number of serious problems which need to …

Changes In The 1976 Tax Reform Act In The Treatment Of Discs: Streamlining The Disc Provisions, Alan Laufer

Syracuse Journal of International Law and Commerce

This paper examines the creation of the Domestic International Sales Corporation (DISC) method of deferral of tax on export income in 1971. The DISC legislation was part of a general effort by Congress, in the late 1960's and early1970's, to bolster the United States economy by using tax incentives in order to solve an ever worsening balance of payments deficit, followed by the subsequent Tax Reform Act of 1976 that responded to many of the longstanding criticisms of the DISC shelter, which had been present since the DISC scheme was first enacted.

Sovereignty In Antarctica: The Anglo-Argentine Dispute, Russell W. Mackechnie Jr.

Syracuse Journal of International Law and Commerce

The purpose of this article is to examine the relevant arguments of Argentina and Great Britain and, in light of an analysis of the theories of territorial sovereignty and prior decisions, to suggest that, should the dispute be referred for decision to the International Court of Justice, Argentina has a formidable array of arguments at her disposal. It may be argued that the opportunity for decision by the Court is foreclosed by the existence of the Antarctic Treaty, that the issue of territorial sovereignty in Antarctica is moot. It is submitted, however, that the possibility of a Court determination is …

The Foreign Investment Review Act Of Canada, James M. Spence

Syracuse Journal of International Law and Commerce

An assessment of the Foreign Investment Review Act of Canada of 1972, describing the rationale for the legislation, its results, and uncertainties about the scope of the jurisdiction of the Act.

Financing Exports: Private Methods And Public Assistance, David Morris

North Carolina Journal of International Law

No abstract provided.

Complete Stock Redemption In A Family Corporation: A Warning About The Pitfalls Of Two Standards, Eric T. Johnson

Villanova Law Review (1956 - )

No abstract provided.

Parks V. Mr. Ford And The Development Of A Rational Approach To Resolving Inconsistencies In Results Of Due Process Attacks On Creditors' Remedies, David A. Scholl

Villanova Law Review (1956 - )

No abstract provided.

Landlord-Tenant: The Medieval Concepts Of Feudal Property Law Are Alive And Well In Leases Of Commercial Property In Illinois, 10 J. Marshall J. Of Prac. & Proc. 338 (1977), Kenneth J. Sophie Jr.

UIC Law Review

No abstract provided.

Access To Legal Services Through Advertising And Specialization, Robert H. Staton

Indiana Law Journal

No abstract provided.

The Merchant Class Of Article 2: Farmers, Doctors, And Others, John F. Dolan

Law Faculty Research Publications

No abstract provided.

The Merchant Class Of Article 2: Farmers, Doctors, And Others, John F. Dolan

Law Faculty Research Publications

No abstract provided.

Back Matter

Syracuse Journal of International Law and Commerce

Back matter

Front Matter

Syracuse Journal of International Law and Commerce

Front matter

Personal Jurisdiction Over Alien Corporate Parents And Affiliates In Antitrust Actions: A Plea For Perspicuity, William D. Kingery Jr.

Syracuse Journal of International Law and Commerce

The purpose of this Comment is to read the entrails of judicial conceptions which have been sacrificed for reasons of public policy. Antitrust law provides a fertile source of cases which consider these problems. Almost since the passage of the Sherman Act, alien corporations have been sued when acts committed abroad have adversely affected U.S. plaintiffs. The extraterritorial application of antitrust law is well established. In most antitrust cases against corporations, a single sixty-year-old statute governs venue and service of process. There is nevertheless little agreement on its meaning.

After a brief review of the historical background, this Comment will …

Panel Discussion: Regulation Of Natural Resource Development, Harold Russell, Frank Ruddy, Lorne S. Clark, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

This panel discussion is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

A lively discussion of trade issues, laws and treatment of investments between the United States and Canada.