Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes,
2010
Northwestern Pritzker School of Law
Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman
Northwestern Journal of International Law & Business
In taking on the controversial debate over the role of state attorneys general in antitrust enforcement, the article draws upon recent legal and historical scholarship on federalism to argue that globalization requires a paradigm change in concepts of U.S. federalism. While many assume that increasing international economic integration makes state participation in economic regulation with international implications inherently problematic, the article demonstrates that, to the contrary, states have an important role to play in the regulation of international business. States have a long history of challenging the federal government in a way that has promoted a robust national dialogue on …
Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market,
2010
Northwestern Pritzker School of Law
Coping With Uncertainty: The Role Of Contracts In Russian Industry During The Transition To The Market, Kathryn Hendley
Northwestern Journal of International Law & Business
In the decade following the collapse of the Soviet Union, Russia earned a reputation for being a chaotic environment for business. Some commentators went so far as to label it as the "Wild East," a scary place where law was largely irrelevant and criminal gangs held sway. In a series of articles, I have begun to fill this gap in the literature by exploring the day-to-day reality of life for industrial enterprises in Yeltsin's Russia. The picture that emerges is more nuanced than the stereotype of industry beholden to the mafia that the popular media has perpetuated. In this article, …
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation,
2010
Northwestern Pritzker School of Law
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine Mason Jones
Northwestern Journal of International Law & Business
The focus of the article is on the proper role of U.S. state governments in regulating international business. The specific issue analyzed is the desirability of having state attorneys general enforce federal antitrust laws in global markets concurrently with federal antitrust regulators. Congress granted state officials this power in 1976. In 2009, however, a large proportion of the world's commerce is now conducted in international, rather than national markets. This development has led Judge Richard A. Posner and others to advocate that the states be stripped of their statutory power to enforce federal antitrust laws on behalf of their residents …
International Tax Reform Should Begin At Home: Replace The Corporate Income Tax With A Territorial Expenditure,
2010
Northwestern Pritzker School of Law
International Tax Reform Should Begin At Home: Replace The Corporate Income Tax With A Territorial Expenditure, William B. Barker
Northwestern Journal of International Law & Business
The present U.S. system of international taxation is riddled with problems because it does not satisfy critical principles of economics, justice, or common sense. It fails to accomplish the most important goals that an international system should achieve - that is, protecting the domestic tax base in a way that fosters domestic economic development and the creation of jobs. This paper explores alternatives to the present system to see if they do a better job. Some of the alternatives fail for the same reasons as the present system because they are predicated on the same outmoded theories. Some are clearly …
U.S. International Tax System At A Crossroads,
2010
Northwestern Pritzker School of Law
U.S. International Tax System At A Crossroads, Barbara Angus, Tom Neubig, Eric Solomon, Mark Weinberger
Northwestern Journal of International Law & Business
The current U.S. international tax system, the administration's international tax proposals, and other potential international tax reforms all have ramifications for U.S. businesses, American workers, and the U.S. economy that must be fully discussed and understood. This report focuses on some of the most important facts and perspectives that should be considered as part of that discussion. This process starts by asking, at a minimum, questions like these: (1) How have the dynamics of the global economy changed? (2) What role should differences between the U.S. tax system and those of other countries play in determining an advantageous international tax …
Transfer Pricing And Fin 48: Removing Uncertainty Through The Advanced Pricing Agreement Process,
2010
Northwestern Pritzker School of Law
Transfer Pricing And Fin 48: Removing Uncertainty Through The Advanced Pricing Agreement Process, Christopher Capuzzi
Northwestern Journal of International Law & Business
The increasing globalization of companies is indisputable, and the multinational enterprise offers many heuristic challenges. Among these are jurisdiction-specific taxation and accounting standards and principles. Enterprises often operate without regard to legal entity structures but rather along business lines. While entities may operate without regard to jurisdictional lines, local taxing and accounting regimes are steadfast on ensuring adherence to their respective principles. Chief among these is ensuring that there is a proper allocation of the tax base. The proper allocation of the tax base has long been at the forefront of concerns, so much so that normative transfer pricing principles …
List Of Participants,
2010
Case Western Reserve University School of Law
List Of Participants, List Of Participants
Canada-United States Law Journal
No abstract provided.
Way To A Safe, Secure & (And) Efficient Canada - United States Border,
2010
Case Western Reserve University School of Law
Way To A Safe, Secure & (And) Efficient Canada - United States Border, Dan Ujczo, Richard Gordon, Stephen E. Flynn
Canada-United States Law Journal
No abstract provided.
Canada-United States Energy, Trade, Security, And Policy,
2010
Case Western Reserve University School of Law
Canada-United States Energy, Trade, Security, And Policy, R. Richard Newcomb, Michal Moore
Canada-United States Law Journal
No abstract provided.
The Intersection Of Border Security And Free Trade Agreements,
2010
Case Western Reserve University School of Law
The Intersection Of Border Security And Free Trade Agreements, Maureen Irish, Greg Kanagelidis, David R. Hamill, Cyndee Todgham Cherniak
Canada-United States Law Journal
No abstract provided.
I Don't Trust Your Judgment: The European Convention On Human Rights Meets The European Union On New Grounds?,
2010
Penn State Dickinson Law
I Don't Trust Your Judgment: The European Convention On Human Rights Meets The European Union On New Grounds?, Michael R. Ribble
Penn State International Law Review (1982 - 2011)
No abstract provided.
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism,
2010
University of Miami Law School
Medellin V. Texas: The Roberts Court And New Frontiers For Federalism, Robert Shawn Hogue
University of Miami Inter-American Law Review
No abstract provided.
Villegas Duran V. Arribada Beaumont: The Second Circuit Court's Interpretation Of Custody Rights Undermines The Purpose Of The Hague Convention On The Civil Aspects Of International Child Abduction,
2010
University of Miami Law School
Villegas Duran V. Arribada Beaumont: The Second Circuit Court's Interpretation Of Custody Rights Undermines The Purpose Of The Hague Convention On The Civil Aspects Of International Child Abduction, Emily Lynch
University of Miami Inter-American Law Review
No abstract provided.
The Definition Of The Crime Of Aggression: Lessons Not Learned,
2010
Case Western Reserve University School of Law
The Definition Of The Crime Of Aggression: Lessons Not Learned, Oscar Solera
Case Western Reserve Journal of International Law
No abstract provided.
The Status Of Corporations In The Travaux Preparatoires Of The Genocide Convention: The Search For Personhood,
2010
Case Western Reserve University School of Law
The Status Of Corporations In The Travaux Preparatoires Of The Genocide Convention: The Search For Personhood, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report,
2010
Case Western Reserve University School of Law
The Gaza Strip: Israel, Its Foreign Policy, And The Goldstone Report, Milena Sterio
Case Western Reserve Journal of International Law
No abstract provided.
National Ids In A Global World: Surveillance, Security, And Citizenship,
2010
Case Western Reserve University School of Law
National Ids In A Global World: Surveillance, Security, And Citizenship, David Lyon
Case Western Reserve Journal of International Law
No abstract provided.
The Market For Treaties,
2010
Allard School of Law at the University of British Columbia
The Market For Treaties, Natasha Affolder
All Faculty Publications
Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, …
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes,
2010
Ave Maria School of Law
Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga
American University Law Review
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial,
2010
Willamette University, College of Law
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
