Transnational Law Commons^™

People Aspects Of Technological Change: Immigration Issues, Labor Mobility, The Brain Drain, And R&D--A U.S. Perspective, James D. Van Erden

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Discussion Following The Remarks Of Mr. Wainwright, Discussion

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Protecting And Exploiting U.S. And Canadian Intellectual Property Abroad On A Global Basis In A Technologically Changing World--A Canadian Perspective, T. Gary O'Neill

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Discussion Following The Remarks Of Mr. Spencer, Mr. Zakaib, And Mr. Wheeler, Discussion

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Public Dimension Of Technological Change: Impact On The Media, The Citizenry, And Governments--A U.S. Perspective, The, Christopher T. Hill

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Introduction: Raising Venture Capital Aspects Of Technological Change, James Mcilroy

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

U.S. Institutional Private Capital Market: A Turbo Tour, The, James T. Bartlett

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Raising Venture Capital Aspects Of Technological Change--A Canadian Perspective, Denzil Doyle

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Impact Of Technological Change On Developing Countries, The, Eric R. Biel

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Introduction: Technology, Competition, And The Consumer, Sanford Yosowitz

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Calibrating The Electronic Scales: Tipping The Balance In Favour Of A Vigorous And Competitive Electronic Market For Consumers, Nicole Ladouceur

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Discussion Following The Remarks Of Mr. Graubert And Ms. Ladouceur, Discussion

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Introduction: Technology Change And Canada/U.S. Regulatory Models For Information, Communications, And Entertainment, Henry T. King Jr.

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Technological Change And Canada/U.S. Regulatory Models For Information, Communications, And Entertainment, Ronald G. Atkey

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Introduction: Technological Change--Its Cross-Border Impact In Terms Of Corporate Structures, Branches, Mergers, And Strategic Alliances, Henry T. King Jr.

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Technological Change--Its Cross-Border Impact In Terms Of Corporate Structures, Branches, Mergers, And Strategic Alliances, Clive V. Allen

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Discussion Following The Remarks Of Mr. Allen, Discussion

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Closing Remarks And Discussion, Henry T. King Jr.

Canada-United States Law Journal

The Impact of Technological Change in the Canada/U.S. Context

Volume 25, Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

Are Extraterritorial Restrictions On Bribery A Viable Policy Goal Under The Global Conditions Of The Late Twentieth Century? Increasing Global Security By Controlling Transnational Bribery, Philip M. Nichols

Michigan Journal of International Law

This paper argues that global security can no longer be evaluated in the realist terms of the sovereignty of nations, and that global insecurity does not arise merely from a handful of relatively straightforward issues. As an analytical tool, this paper turns instead to the concept of "complex interdependence" put forward by Robert Keohane and Joseph Nye. This paper then demonstrates how transnational bribery damages the quality of transnational relationships, thus endangering global security. The paper concludes by examining empirical observations. Empirically, transnational bribery has contributed significantly to global instability. On the other hand, no empirical observations suggest that extraterritorial …

Derivatives And Risk Framework, Ravichandra Vasant Kini

LLM Theses and Essays

The purpose of this thesis is to explore the dynamics of the fast-growing international financial markets and to study in particular the risks associated with the different kinds of financial instruments. The Barrings Bank Crisis, Proctor and Gamble, Gibson Greetings cases against Bankers Trust, and the Orange County Bankruptcy has prompted regulatory authorities to focus on the risks involved in the derivatives markets. In this paper, the first chapter explains the basic working of the different kinds of derivative instruments especially concentrating on Swaps, Futures, and Options. The second chapter goes on to explain, the risks involved in the uses …

Exit And Voice In The Age Of Globalization, Eyal Benvenisti

Michigan Law Review

The "globalization" of commerce provides ever-growing opportunities for producers, employers, and service providers to shop the globe for more amenable jurisdictions. While they enjoy a "race to the top," an international "race to the bottom," spawned by decreasing relocation costs, threatens to compromise the achievements of the welfare state and lower standards of consumer protection. National governments, weakened by competition that entails leaner budgets, find it increasingly difficult to cooperate in the appropriation of crucial shared natural resources, seriously endangering these assets while damaging the environment. Not only does the growing global competition create both efficiency losses and social-welfare problems, …

Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles

Cornell Law Faculty Publications

This article revisits the work of a canonical but quixotic figure in early American comparative law, John Henry Wigmore, as a lens through which to imagine what comparative law's role might be in the era of globalization. Wigmore's "pictorial method", compared here to the "treasure boxes" of Ming and Ch'ing Dynasty Chinese emperors, in which precious objects of different scales and eras were appreciated aesthetically side by side, presents a challenge to the many "modernist" approaches to comparative law in existence today. An exploration of the intellectual history of comparative law through the disjuncture of Wigmore's work engenders a treatment …

Non-Immigration Visa Fraud: Proposals To End The Misuse Of The L Visa By Transnational Criminal Organizations As A Method Of Illegal Immigration, Amy Mccallen

Vanderbilt Journal of Transnational Law

This Note examines why the L visa is particularly vulnerable to multinational fraud and proposes both a domestic and an international solution to combat this abuse. Part II of this Note addresses the governmental policies behind the L visa. This section provides an overview of the origins of the transnational company and discusses the reasons why Congress created the L visa to meet the needs of this specialized segment of international business.

Part III analyzes the bifurcated approval process for an L visa. This section surveys the requirements for the L visa and discusses why Congress believed these requirements were …

Introduction - Denver Journal Of International Law And Policy, Thomas E. Carbonneau

Faculty Scholarship

The reconciliation of national law with a transborder standard is at the heart of the European enterprise to create an integrated legal process. Such reconciliation is also necessary to establish a unified political community with common core values. The various cases that are analyzed in this issue address critical questions of law and policy, and demonstrate the court’s progress in elaborating a communitarian practice in the various subject areas.

In the cases that are studied, the ECJ rendered preliminary rulings on previously unresolved issues of Community law. The ECJ has the power under Article 177 ofthe EC Treaty to issue …

Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama

Michigan Journal of Race and Law

Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …

Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen

Faculty Articles

This article has two purposes; the first is to assess the value of certification requirements by describing their operation in foreign affairs legislation and by accounting for their use and the controversies that attend them. The second purpose of this article is to suggest ways to minimize the costs of certification requirements. The findings are presented in four sections. The author begins by sketching the features of certification requirements in current legislation. Next, the author discusses the constitutional background out of which these requirements arise. Then, in what forms the greater part of this article, the author describes and evaluates …

Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina

LLM Theses and Essays

For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …

Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou

LLM Theses and Essays

In the past twenty years, the Chinese government has been adopting open door and economic reform policies. Because of historical, economic, legal, and cultural traditions, a modern corporation system is far from being established in China. There are lots of things that need to do to establish a perfect corporate system. This thesis reviews diverse interpretations of the function of poison pills in light of recent judicial decisions and underlying empirical evidence. It also reviews recent judicial decisions regarding the new version of poison and dead hand pill. The author discusses the recent trend of by-law restrictions in an attempt …

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

Articles

Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …