Transnational Law Commons^™

Sovereignty And International Trade Regulation, Gary N. Horlick Jan 1994

Discussion After The Speech Of Robert F. Drinan, S.J., Discussion Jan 1994

When Sovereignties May Collide: In The Antitrust Area, Joseph P. Griffin Jan 1994

Discussion After The Speeches Of Joseph P. Griffin And Lawson A. W. Hunter, Discussion Jan 1994

When Sovereignties May Collide--Sovereignties And The Regulation Of Business In Relation To Intellectual Property: A Canadian Perspective, W.L. Hayhurst Jan 1994

Sovereignty And The Regulation Of International Business In The Environmental Area: A Canadian Viewpoint, J. Christopher Thomas Jan 1994

Sovereignty And The Regulation Of International Business In The Tax Area, H. David Rosenbloom Jan 1994

Sovereignty And Federalism: U.S. And Canadian Perspectives Challenges To Sovereignty And Governance, Earl H. Fry Jan 1994

Coercion Or Cooperation; Social Policy And Future Trade Negotiations, Michael Hart Jan 1994

Reflections On The Nature Of The State: Sovereignty, Power And Responsibility, Joel P. Trachtman Jan 1994

Masthead, Volume 20 (1994) Jan 1994

Volume 20, Canada-United States Law Journal Jan 1994

Sovereignty And The Regulation Of International Business In The Environmental Area: An American Viewpoint, Stanley M. Spracker Jan 1994

Discussion After The Speech Of The Honorable Donald S. Macdonald, Discussion Jan 1994

Positivism Regained, Nihilism Postponed, Jose E. Alvarez Jan 1994

Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean Jan 1994

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson Jan 1994

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson

Faculty Scholarship

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This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state …

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The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster Jan 1994

The Hague Evidence Convention: The Need For Guidance On Procedures And Resolution Of Conflicts In Transnational Discovery, John C. Plaster

Vanderbilt Journal of Transnational Law

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As international commercial disputes become more common, United States courts increasingly face difficult issues involved in transnational discovery. Two frequently encountered issues are choosing whether to use the discovery procedures of the Federal Rules of Civil Procedure or the Hague Evidence Convention and whether to enforce a discovery order when the order conflicts with a law of the state in which discovery is to occur. Although the Supreme Court has addressed both of these issues, it has left lower courts considerable discretion to deal with these issues case by case. Lower courts, therefore, have not been uniform in their approaches …

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Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr. Jan 1994

Toward An International Fourth Amendment: Rethinking Searches And Seizures Abroad After Verdugo-Urquidez, Eric Bentley, Jr.

Vanderbilt Journal of Transnational Law

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Should the Fourth Amendment reach abroad to protect noncitizens when United States law enforcement agents conduct searches and seizures in a foreign state? The courts have assumed this to be a closed question since 1990, when the Supreme Court, in a broadly worded plurality opinion by Chief Justice Rehnquist, asserted that the Amendment protects only citizens and other members of the "national community." However, as this Article points out, the Chief Justice's plurality opinion in United States v. Verdugo-Urquidez did not represent the judgment of a majority of the Court and therefore does not foreclose continued consideration of the scope …

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China And The Gatt Agreement On Government Procurement, John Linarelli Jan 1994

China And The Gatt Agreement On Government Procurement, John Linarelli

Scholarly Works

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No abstract provided.

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Case Digest, Law Review Staff May 1993

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

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This CASE DIGEST provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories and references are given for further research.

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Closing Remarks And Discussion, Closing Remarks Jan 1993

Closing Remarks And Discussion, Closing Remarks

Canada-United States Law Journal

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No abstract provided.

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The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, 26 J. Marshall L. Rev. 457 (1993), R. Carl Moy

UIC Law Review

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No abstract provided.

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Industrial Policy And Environmental Regulation--Canada, John L. Howard Jan 1993

Industrial Policy And Environmental Regulation--Canada, John L. Howard

Canada-United States Law Journal

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environmentalism and industrial policy--Canada

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Japanese Industrial Policy: What Is It, And Has It Worked, S. Linn Willams Jan 1993

Japanese Industrial Policy: What Is It, And Has It Worked, S. Linn Willams

Canada-United States Law Journal

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industrial policy--Japan

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Financing Innovation, Robert D. Pavey Jan 1993

Financing Innovation, Robert D. Pavey

Canada-United States Law Journal

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financing innovation

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Discussion After The Speeches Of Richard K. Thomas And David Crane, Discussion Jan 1993

Discussion After The Speeches Of Richard K. Thomas And David Crane, Discussion

Canada-United States Law Journal

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industrial policy and implementation

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Implementation Of An Industrial Policy, Richard K. Thomas Jan 1993

Implementation Of An Industrial Policy, Richard K. Thomas

Canada-United States Law Journal

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industrial policy and implementation

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Discussion After The Speeches Of Deborah L. Wince-Smith And Dr. Stuart L. Smith, Discussion Jan 1993

Discussion After The Speeches Of Deborah L. Wince-Smith And Dr. Stuart L. Smith, Discussion

Canada-United States Law Journal

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technological competitiveness

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Industrial Strategy For An Ideas-Based Economy, David Crane Jan 1993

Industrial Strategy For An Ideas-Based Economy, David Crane

Canada-United States Law Journal

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ideas-based economy, industrial policy

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