Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China,
2010
University of Washington School of Law
Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China, Eric Jensen
Washington International Law Journal
One of the most recent steps in China’s slow march towards liberalization of foreign investment is the introduction of the 2006 Provisions on Acquisition of Domestic Enterprises by Foreign Investors (“2006 M&A Provisions”). Article 12 of this law provides new procedures for review and approval of foreign investment in China. China’s national security review of foreign direct investment has the same motivations as the United States’ Committee on Foreign Investment in the United States (CFIUS) review, but it is much murkier and less efficient. CFIUS is governed by numerous statutory and regulatory guidelines. China should integrate some of the CFIUS …
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems,
2010
University of Richmond
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
Richmond Journal of Global Law & Business
“Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, stretching from political sloganeering to the protection of individual rights from the power of government.
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility,
2010
Georgetown University Law Center
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
Richmond Journal of Global Law & Business
Presumably few federal appellate judges are confronted with the Danish prince’s existential angst: “To be, or not to be: that is the question. . . .” Nonetheless, a similar ambivalence may be present in the circumstance of judicial review of administrative agency decisions. No less eminent an authority than former Second Circuit Judge Henry Friendly expressed just such angst in the introduction to his 1969 Duke Law Journal article, in which he attempted to discern bright-line rules in the Supreme Court’s 1943 SEC v. Chenery decision: “Although when I began my labors, I had the hope of discovering a bright …
World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security,
2010
Duquesne University School of Law
World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.
Richmond Journal of Global Law & Business
Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.
Stakeholder Theory In Corporate Law: Has It Got What It Takes?,
2010
University of Leeds
Stakeholder Theory In Corporate Law: Has It Got What It Takes?, Andrew Keay
Richmond Journal of Global Law & Business
There has been much debate for many years regarding what should be the objective of the large public corporation. This issue is important for a number of reasons, not least of which is that the theory nominated will underpin corporate governance and dictate, to a large extent, the kind of corporate governance system that will exist. As far as the corporation’s objective is concerned, two theories have been dominant: the shareholder primacy theory and the stakeholder theory. The former is operative in what I will call “Anglo-American jurisdictions,” namely jurisdictions that model their law and practice on one or both …
Two Understandings Of Supremacy: An Essay,
2010
Illinois Institute of Technology, Chicago-Kent College of Law
Two Understandings Of Supremacy: An Essay, Vincent J. Samar
Richmond Journal of Global Law & Business
Does the supremacy provision of Article VI of the U.S. Constitution undermine the legal force of international law in the United States? Recently, there has been some debate on this issue arising out of the claim that if the U.S. Constitution is “the supreme law of the land,” and that only constitutional officers of the United States, in keeping with their responsibilities to uphold the Constitution, can decide what is international law for the U.S. Such debates are not new to the history of the world. For much of world history, national rulers have claimed that their legal authority derives …
Enforcement Of U.S. Electronic Discovery Law Against Foreign Companies: Should U.S. Courts Give Effect To The Eu Data Protection Directive?,
2010
Northwestern University School of Law
Enforcement Of U.S. Electronic Discovery Law Against Foreign Companies: Should U.S. Courts Give Effect To The Eu Data Protection Directive?, Kristen A. Knapp
Richmond Journal of Global Law & Business
Enforcing discovery against companies located in foreign nations is not a new phenomenon. The U.S. Supreme Court took up the conflict between U.S. discovery rules and foreign non-disclosure law in a 1958 case. Despite more than fifty years to reach a settled jurisprudence regarding how to enforce U.S. law against foreign domiciled companies, there has yet to be a clear articulation of a standard applicable in all cases. Currently, there are two main sets of rules under which U.S. courts may enforce discovery laws against foreign companies, and if necessary impose sanctions for non-compliance: the Hague Convention and the U.S. …
It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes,
2010
Frederic G. Levin College of Law at the University of Florida
It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don Peters
Richmond Journal of Global Law & Business
This article examines legal cultural and other factors influencing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial ac- tors’ knowledge of the benefits of mediating, it analyzes the relatively infrequent use of mediation despite its potential advantages over adju- dicating. Focusing on lawyers, the article next explores factors that influence U.S. and Latin American lawyers when they converse with commercial clients about selecting dispute resolution methods. Analyzing similarities arising from universal decision-making …
Post-Sox Trends In Delistingsand Deregistration,
2010
Akin Gump Strauss Hauer & Feld LLP
Post-Sox Trends In Delistingsand Deregistration, Samuel Wolff, Clarence D. Long Iv
Richmond Journal of Global Law & Business
No abstract provided.
Simplifying The Prophecy Of Justiciability In Cases Concerning Foreign Affairs: A Political Act Of State Question,
2010
University of Richmond
Simplifying The Prophecy Of Justiciability In Cases Concerning Foreign Affairs: A Political Act Of State Question, Deborah Azar
Richmond Journal of Global Law & Business
Justiciability doctrines in the foreign affairs arena have been described as involving large elements of prophecy. First, this article will examine the justifications and application of the political question doctrine in cases involving foreign affairs. Second, this article will discuss the justifications and application of the act of state and political question doctrines. Third, this article will analyze whether the act of state doctrine can be encompassed within the political question doctrine. Fourth, this article will propose a framework that can be applied in cases involving political questions in foreign affairs.
Symposium Transcript,
2010
University of California, Irvine School of Law
Symposium Transcript, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin
Richmond Journal of Global Law & Business
No abstract provided.
Certain Opinions Of The Central Committee Of The Chinese Communist Party [And The] State Council On Promoting The Stable Development Of Agriculture And Continuing To Increase Farmers' Income In 2009,
2010
University of Washington School of Law
Certain Opinions Of The Central Committee Of The Chinese Communist Party [And The] State Council On Promoting The Stable Development Of Agriculture And Continuing To Increase Farmers' Income In 2009, Tobias Damm-Luhr
Washington International Law Journal
The following is a translation of Certain Opinions of the State Council [and the] Central Committee of the Chinese Communist Party (“CCP”) on Promoting the Stable Development of Agriculture and Continuing to Increase Farmers’ Incomes in 2009 (“2009 No. 1 Document”), which the CPC Central Committee and the State Council promulgated on December 31, 2008, and made public on February 2, 2009. It calls on “every region and every department” to seriously study the blueprint created by the Third Plenary Session of the CPC’s 17th Central Committee, namely the Decision on Certain Issues Concerning the Advancement of Rural Reform and …
The Special Measures Mandate Of The International Convention On The Elimination Of All Forms Of Racial Discrimination: Lessons From The United States And South Africa,
2010
Nova Southeastern University
The Special Measures Mandate Of The International Convention On The Elimination Of All Forms Of Racial Discrimination: Lessons From The United States And South Africa, Connie De La Vega
ILSA Journal of International & Comparative Law
The International Convention on the Elimination of all Forms of Racial Discrimination' (CERD) is the United Nations main treaty
International Organization Reform Or Impunity? Immunity Is The Problem,
2010
Nova Southeastern University
International Organization Reform Or Impunity? Immunity Is The Problem, Great L. Rios, Edward P. Flaherty
ILSA Journal of International & Comparative Law
'No one can read the significant Supreme Court cases on sovereign immunity... without concluding that the field is a mass of confusion; and if he ventures beyond that to attempt some reconciliation of the courts of appeals decisions, he will find confusion compounded." '
Direct Taxation In The European Union: Past Trends And Future Developments,
2010
Nova Southeastern University
Direct Taxation In The European Union: Past Trends And Future Developments, Tracy A. Kaye
ILSA Journal of International & Comparative Law
Within the realm of taxation, the European Union seeks a balance between the national sovereignty of its Member States and the goal of a harmonized internal market.
The Treaty Of Lisbon And Human Rights,
2010
Nova Southeastern University
The Treaty Of Lisbon And Human Rights, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
On December 1, 2009, the Treaty of Lisbon, 1 also called the Treaty on the Functioning of the European Union, entered into force.
Mr. S. Lipietz Et Al. V. The Prefect Of The Haute-Garonne Department And The Sncf (Advisory Opinion),
2010
University of Maryland Francis King Carey School of Law
Mr. S. Lipietz Et Al. V. The Prefect Of The Haute-Garonne Department And The Sncf (Advisory Opinion), Jean-Christophe Truilhé
Maryland Journal of International Law
Advisory Opinion by Jean-Christophe Truilhé, Government Commissioner. Translated by Juliana Galan and Alisha L. Jacobsen, as revised by Vivian Grosswald Curran. All footnotes not designated as "Translator's note" were supplied by Vivian Grosswald Curran.
The French Administrative Court's Rulings On Compensation Claims Brought By Jewish Survivors Of World War Ii,
2010
University of Maryland Francis King Carey School of Law
The French Administrative Court's Rulings On Compensation Claims Brought By Jewish Survivors Of World War Ii, Rémi Rouquette
Maryland Journal of International Law
No abstract provided.
Recent French Legal Developments Concerning A War-Time Arrest And Imprisonment Case,
2010
University of Maryland Francis King Carey School of Law
Recent French Legal Developments Concerning A War-Time Arrest And Imprisonment Case, Vivian Grosswald Curran
Maryland Journal of International Law
No abstract provided.
Equality Before The Law And The Social Contract: When Will The United States Finally Guarantee Its People The Equality Before The Law That The Social Contract Demands?,
2010
Fordham Law School
Equality Before The Law And The Social Contract: When Will The United States Finally Guarantee Its People The Equality Before The Law That The Social Contract Demands?, Earl Johnson, Jr.
Fordham Urban Law Journal
Most European and several countries elsewhere in the world have recognized a right to counsel in many or most civil cases for as long as decades or even centuries - and many of these countries are willing to spend, proportionately, anywhere from three to twelve times as much of their national income as the U.S. currently does on the provision of counsel to their lower income populations in civil cases. This Article examines how courts around the world have interpreted the constitutional provisions emanating from the theory that underpins the right to equality before the law and why these decisions …
