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Articles 91 - 120 of 180
Full-Text Articles in Comparative and Foreign Law
Foreword, Daniel T. Murphy
Foreword, Daniel T. Murphy
Richmond Journal of Global Law & Business
In this Forward, Murphy introduces the annual symposium sponsored by the Richmond Journal of Global Law and Business, entitled “A Collision of Authority: The U.S. Constitution and Universal Jurisdiction.” He briefly discusses presentations given by three prominent constitutional law and international law scholars: Dean Erwin Chemerinsky, Professor Mary Ellen O’Connell, and Professor Jeremy Rabkin.
Evaluating South Africa’S Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan L. Marshfield
Evaluating South Africa’S Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan L. Marshfield
Richmond Journal of Global Law & Business
Political scientists have identified compelling correlations between economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trending towards conditions that generally correlate to stable democracies. It compares South Africa’s post-apartheid economic conditions to the empirical trends that development theorists have identified as correlative to democratic stability. This analysis is important because if South Africa’s post-apartheid economic conditions do not exhibit positive trends, this may suggest that despite the just end of apartheid, conditions are becoming …
Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng
Rethinking The Relationship Between The Wto And International Human Rights, Gao Pengcheng
Richmond Journal of Global Law & Business
No abstract provided.
An Empirical Examination Of The Adequate Alternative Forum In The Doctrine Of Forum Non Conveniens, Michael T. Lii
An Empirical Examination Of The Adequate Alternative Forum In The Doctrine Of Forum Non Conveniens, Michael T. Lii
Richmond Journal of Global Law & Business
No abstract provided.
Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur
Of Oceans, Islands, And Inland Water – How Much Room For Exceptions And Limitations Under The Three-Step Test?, Annette Kur
Richmond Journal of Global Law & Business
No abstract provided.
Time To Pay The Dues Or Can Intellectual Property Rights Feel Safe With The Wto?, Darya Haag
Time To Pay The Dues Or Can Intellectual Property Rights Feel Safe With The Wto?, Darya Haag
Richmond Journal of Global Law & Business
No abstract provided.
Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih
Conflicting Jurisdictions Over Disputes Arising From The Application Of Trade-Related Environmental Measures, Wen-Chen Shih
Richmond Journal of Global Law & Business
No abstract provided.
The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess
The Crescent And The Corporation: Analysis And Resolution Of Conflicting Positions Between The Western Corporation And The Islamic Legal System, Craig C. Briess
Richmond Journal of Global Law & Business
No abstract provided.
Binding Non-Signatories To International Arbitration Agreements: Raising Fundamental Concerns In The United States And Abroad, Tae Courtney
Binding Non-Signatories To International Arbitration Agreements: Raising Fundamental Concerns In The United States And Abroad, Tae Courtney
Richmond Journal of Global Law & Business
No abstract provided.
The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine
The Effect Of The Taiwan Relations Act Of 1979 On Res Judicata And Collateral Estoppel With Respect To Taiwanese And Third-Country Parties In United States Courts, Michael Buxton Devine
Richmond Journal of Global Law & Business
President Jimmy Carter terminated diplomatic relations be- tween the United States and the Republic of China (the ROC) or Taiwan on January 1, 1979, and Congress enacted the Taiwan Relations Act of 1979 (the TRA), effective on April 10, 1979, in order to replace the former diplomatic relations. The question then arose as to whether United States courts must recognize and enforce judgments of Taiwanese courts with respect to third-country plaintiffs who have prevailed over Taiwanese defendants. If so, then such third-country plaintiffs would be able to rely on the principles of res judicata and collateral estoppel in United States …
Conflicting Positions But Common Interests: An Analysis Of The United States Antidumping Policy Toward China, Qinglan Long
Conflicting Positions But Common Interests: An Analysis Of The United States Antidumping Policy Toward China, Qinglan Long
Richmond Journal of Global Law & Business
According to the Tariff Act of 1930, “dumping” is the sale of goods imported from a foreign county at less than their “fair value” on the domestic market. Thus, a good produced and sold in China for twenty dollars, but sold in the United States for only fifteen dollars, may be considered “dumped” on the U.S. market. The lower price may be explained by the exporter’s desire to gain market share or to monopolize the receiving market by selling its merchandise at a lower price. After domestic manufacturers are driven out of the market, the dumping manufacturer will recoup its …
Outsourcing Of Legal Services: A Brief Survey Of The Practice And The Minimal Impact Of Protectionist Legislation, Lee A. Patterson Iii
Outsourcing Of Legal Services: A Brief Survey Of The Practice And The Minimal Impact Of Protectionist Legislation, Lee A. Patterson Iii
Richmond Journal of Global Law & Business
Despite instability in certain parts of the region, the Middle East has emerged as an attractive market for foreign investment.’ This comes at an opportune time for many Middle Eastern countries that are seeking to diversify away from the oil industry and state owned enterprises. Further, the prevalence of young, educated Middle Easterners represents a ready supply of labor for companies seeking to open subsidiaries or branches in the region. Given these assets, many foreign companies are looking at investing in the Middle East as a way to diversify their portfolio and hopefully capture a piece of the market before …
To Capitalize On A Burgeoning Market? Issues To Consider Before Doing Business In The Middle East, Lisa Middlekauff
To Capitalize On A Burgeoning Market? Issues To Consider Before Doing Business In The Middle East, Lisa Middlekauff
Richmond Journal of Global Law & Business
Despite instability in certain parts of the region, the Middle East has emerged as an attractive market for foreign investment. This comes at an opportune time for many Middle Eastern countries that are seeking to diversify away from the oil industry and state owned enterprises. Further, the prevalence of young, educated Middle Easterners represents a ready supply of labor for companies seeking to open subsidiaries or branches in the region. Given these assets, many foreign companies are looking at investing in the Middle East as a way to diversify their portfolio and hopefully capture a piece of the market before …
Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman
Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman
Richmond Journal of Global Law & Business
Immigration law is a hotly contested topic these days. Not only does it have important implications in numerous legal fields, including labor law and tort law, but it also has social, political, and economic effects that ripple throughout our society. Immigrants, especially those who remain undocumented, have the potential to affect the lives of people in almost every walk of life, from politicians to entrepreneurs, and even to teenagers seeking their first jobs. After analyzing the legal impact of current legislation on the field of labor law, it becomes apparent that the employment of undocumented aliens does not have the …
Testimony Before The Subcommittee On Crime, Terrorism, And Homeland Security, United States House Of Representatives, Legislative Hearing On H.R. 4777: The “Internet Gambling Prohibition Act,” April 5, 2006, John Warren Kindt
Richmond Journal of Global Law & Business
No abstract provided.
The Meaning Of Share Ownership And The Governance Role Of Shareholder Activism In The United Kingdom, Iris H-Y Chiu
The Meaning Of Share Ownership And The Governance Role Of Shareholder Activism In The United Kingdom, Iris H-Y Chiu
Richmond Journal of Global Law & Business
No abstract provided.
Solving The Problem Of Tax-Treaty Shopping Through The Use Of Limitation On Benefits Provisions, Anna A. Kornikova
Solving The Problem Of Tax-Treaty Shopping Through The Use Of Limitation On Benefits Provisions, Anna A. Kornikova
Richmond Journal of Global Law & Business
No abstract provided.
Ubiquitous Money And Walking Banks: Environment, Technology, And Competition In Mobile Banking, Jongho Kim
Ubiquitous Money And Walking Banks: Environment, Technology, And Competition In Mobile Banking, Jongho Kim
Richmond Journal of Global Law & Business
No abstract provided.
The New Chinese Dynasty: How The United States And International Intellectual Property Laws Are Failing To Protect Consumers And Investors From Counterfeiting, Anna-Liisa Jacobsen
The New Chinese Dynasty: How The United States And International Intellectual Property Laws Are Failing To Protect Consumers And Investors From Counterfeiting, Anna-Liisa Jacobsen
Richmond Journal of Global Law & Business
As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …
Commentary On The Law Of Poker, Charles R. Nesson, Andrew M. Woods
Commentary On The Law Of Poker, Charles R. Nesson, Andrew M. Woods
Richmond Journal of Global Law & Business
No abstract provided.
The Creation Of A Global Competition Regime. Where Exactly Do The Obstacles Lie–Practical Co-Operation Or Ideological Differences?, Mervyn Martin
The Creation Of A Global Competition Regime. Where Exactly Do The Obstacles Lie–Practical Co-Operation Or Ideological Differences?, Mervyn Martin
Richmond Journal of Global Law & Business
There has been considerable interest in the creation of a global competition regime in the WTO since its conception. It is an issue that has always emerged in the forum’s agenda, and yet, more than ten years later, the international trading system has been unable to agree on a global competition framework. Notwithstanding the current agreement to hold any framework negotiations in abeyance to enable the Doha Round negotiations to proceed, two interesting conclusions can be drawn. First of all, that the agreement pertains only to negotiation related discussions and not discussions per-se on the issue of competition. This would …
Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall
Why We Are Outraged: An Economic Analysis Of Internet Gambling, Frank Vandall
Richmond Journal of Global Law & Business
While domestic casinos and lotteries take in about $84.7 billion a year; internet gambling is worth about $12 billion. By comparison, movies bring in about $23.24 billion a year. Fifty-two percent of the population gambles. Although all but two states (Utah and Hawaii) permit gambling of some sort, none license internet gambling. It is therefore illegal in all 50 states. Estimates suggest that only 1% of the population engages in internet gambling.
Internet Gambling And The Law, I. Nelson Rose
Internet Gambling And The Law, I. Nelson Rose
Richmond Journal of Global Law & Business
No abstract provided.
Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev
Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev
Richmond Journal of Global Law & Business
George C. Freeman, III presented a business overview of Universal Corporation at the University of Richmond on September 5, 2007. Prior to joining Universal Leaf Tobacco Company in 1997, Mr. Freeman served as a law clerk for the Honorable Richard S. Arnold, Circuit Judge, United States Court of Appeals for the Eighth Circuit, and for the Honorable Lewis F. Powell, Jr., Associate Justice of the United States Supreme Court. He also spent time as an associate with Hunton & Williams, an international law firm. Mr. Freeman was elected General Counsel and Secretary of Universal Corporation in February 2001 and Vice …
Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.
Law V. National Security: When Lawyers Make Terrorism Policy, William G. Hyland Jr.
Richmond Journal of Global Law & Business
Are lawyers strangling our government’s ability to fight the first war of the twenty-first century? Does judicial adventurism and the fear of litigation undermine the War Against Terrorism? In essence, is our national security apparatus overlawyered? This article analyzes how some lawyers have produced a synthetic “litigation culture” over the war on terror. It argues that litigation concerning electronic surveillance, interrogation and all manners of prisoner treatment has chilled counterintelligence since 9/11.
Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk
Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk
Richmond Journal of Global Law & Business
In response to the globalization of the practice of law, law schools in the United States and other countries that have traditionally been defined as belonging to the common law legal system have opened their doors to international students from different legal systems for whom English is a second language (“ESL students” or “international students”). Many of these programs have evolved without real assessment of the students’ needs and how to meet those needs. After a number of resulting challenges, it became clear that in order to make such programs a success, law professors need to use special methodologies and …
Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant
Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant
Richmond Journal of Global Law & Business
As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …
Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown
Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown
Richmond Journal of Global Law & Business
Chinese international finance may sound to many of you like a daunting subject. It really is not, but I have to admit it’s not quite intuitive. International finance is a lot like accounting; you have to learn the rules. And on top of that, in this case we have to add the never intuitive issue of Chinese policy-making. I didn’t learn anything about these topics in graduate school but rather in my first job as a CIA economist, over thirty years ago. At that time China published no economic data; it was just sort of a black hole in the …
Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem
Just And Efficient Resolution Of Private International Disputes: Israel’S New Theory Of Jurisdiction, Yaad Rotem
Richmond Journal of Global Law & Business
What is the guiding rationale according to which the rules of international jurisdiction to adjudicate private disputes are to be construed? Israeli law has been contemplating this question for some time now, as the traditional territorial theory seems to be on the decline and is therefore unsatisfactory as a basis for modern legal rules. Unfortunately, a thorough effort to choose an alternative theory is still missing. A painful reminder of this current state of affairs was given recently as the Israeli Supreme Court issued, on the very same day, two decisions concerning cases in which a foreign plaintiff, having no …
Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson
Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson
Richmond Journal of Global Law & Business
An oft-asserted prediction states that only trademarks that stimulate all five senses with the objective of attracting the consumer’s attention will acquire a firm and durable presence in today’s complex marketplaces. This, in turn, has provoked the broadening of the repertoire of signs and symbols potentially eligible to serve as trademarks for products or services. Vivid examples of these are the sounds, scents, flavors, colors and three-dimensional forms, which collectively, are grouped under the generic category of “non-traditional trademarks.