Transnational Law Commons^™

Abstention At The Border, Maggie Gardner

Cornell Law Faculty Publications

The lower federal courts have been invoking “international comity abstention” to solve a range of problems in cross-border cases, using a wide array of tests that vary not just across the circuits, but within them as well. That confusion will only grow, as both scholars and the Supreme Court have yet to clarify what exactly “international comity abstention” entails. Meanwhile, the breadth of “international comity abstention” stands in tension with the Supreme Court’s recent reemphasis on the federal judiciary’s obligation to exercise congressionally granted jurisdiction. Indeed, loose applications of “international comity abstention” risk undermining not only the expressed preferences of …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Interactions, Iteration And Early Institutionalization: Competing Lessons Of Globalgap’S Legitimation, Donal Casey

Transnational Business Governance Interactions Working Papers

Since its inception, GLOBALGAP has transformed from an informal grouping of retailers into a highly elaborate regulatory organisation. This chapter critically examines GLOBALGAP’s development. I argue that, through an iterative process of legitimation, actual and anticipated interactions with state, market and civil society actors led GLOBALGAP to develop structures, practices and processes that sought to enhance representation and participation of structurally weaker parties such as smallholders, whilst also addressing concerns relating to the exclusionary effect of its standards. I tease out how, as non-state regulatory organisations emerge and develop, they respond to actual and anticipated governance interactions in order to …

The Return Of Deregulation And Trickle-Down Economics In The Age Of Trump: Why The Efficient Market Hypothesis Refuses To Die And The Implications For U.S. Economic Policy At Large, 5 J. Marshall Global Mkt. L.J. 1 (2019), Matthew Glass

John Marshall Global Markets Law Journal

The 2008 market collapse created economic devastation not seen in the United States since the Great Depression. More than a decade later, the reappearance of a fiscal agenda rooted in deregulation and trickle-down economics risks a return to the boom and bust cycles that have unfailingly wrought great economic pain on the American people. The ever-increasing inequality gap between the rich and poor is particularly concerning.

Should Cryptocurrencies And Initial Coin Offerings (Icos) Be Regulated Under Australian Financial Services Laws?, 5 J. Marshall Global Mkt. L.J. 27 (2019), Daniela Lai

John Marshall Global Markets Law Journal

The rise of the popularity of cryptocurrencies in the last few years has sparked international debate as to the characterization of cryptocurrencies and tokens issued by ICOs. The decentralized nature of cryptocurrencies and ICOs raises fundamental challenges as to the parties and tokens that should be regulated and how they should be regulated. This Article proposes that tokens which are similar to securities should be regulated like securities. Under Australian law, this Article proposes that digital currencies should be categorized as financial products with the exception of utility tokens. Entities issuing ICOs and cryptocurrency exchanges should be subject to disclosure …

Replacing Libor: Dangerous Improvisation, 5 J. Marshall Global Mkt. L.J. 49 (2019), Karl Muth

John Marshall Global Markets Law Journal

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Cross-Border Scope Of Private Cause Of Action Under The Commodity Exchange Act, 5 J. Marshall Global Mkt. L.J. 58 (2019), Alina Petrova

John Marshall Global Markets Law Journal

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Can “Imfcoin” Be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman

Marquette Intellectual Property Law Review

Cryptocurrencies have taken the world by storm. But these decentralized and unregulated digital fiat currencies have more in common with the currencies of ages past than many believe. These commonalities may result in the incorporation of new cryptocurrencies into older institutions. One such institution is the International Monetary Fund's Special Drawing Rights (SDRs), which has bene relegated to an afterthought in the international monetary system since the Nixon Shock in 1971. The Fund's Managing Director recently made comments that indicated that the Fund is exploring the incorporation of a cryptocurrency into the framework of the SDR, a change which China …

Volume 43 (2019), Canada-United States Law Journal

Canada-United States Law Journal

No abstract provided.

The Politics Of Climate Change, John Godfrey

Canada-United States Law Journal

This after-dinner speech by John Godfrey on March 21, 2019 discusses bilateral and international issues faced by nations addressing the impact of climate change.

Joint Law-Business Case Study Competition, Canada-United States Law Institute

Canada-United States Law Journal

Following the termination of the Niagara International Moot Court Competition in 2015 due to declining interest, a Joint Law-Business Case Study Competition was inaugurated in 2016. This project provides the Canada-United States Law Institute (“CUSLI”) and its supporting institutions with a unique student competition experience that allows for continued student exchange and participation, as well as the growth of interdisciplinary learning.

The Usmca & United States-Canada Trade Relations: Ther Perspectives Of A U.S. Trade Practitioner, Terence P. Stewart, Shahrzad Noorbaloochi

Canada-United States Law Journal

After a 13-month-long negotiation process, the United States-Mexico-Canada Agreement was announced on Sept. 20, 2018 to replace the North American Freed Trade Agreement (NAFTA). This article discusses the implications of this transition on Canadian diary management, global excesses in steel and aluminum, softwood lumber, and reform in the World Trade Organization.

Cusli Experts' Roundtable Report On "Canada-United States Relations -- Looking Forward", Gabriella Marki, Jenna Russo

Canada-United States Law Journal

On Nov. 14, 2018, the Canada-United States Law Institute hosted an expert panel discussion on the subject of "Canada-United States Relations -- Looking Forward" in order to discuss the United States-Mexico-Canada Agreement (USMCA) that is projected to replace the North American Free Trade Agreement (NAFTA). The panelists examined USMCA negotiation and compared the USMCA to the NAFTA.

Proceedings Of The 42nd Canada-United States Law Instittue Annual Conference: Back To The Future - The Canada-United States Relationship At A Crossroads, Canada-United States Law Institute

Canada-United States Law Journal

Conference Speakers

Welcome and Opening

Ambassadors' and Ministers' Roundtable

Panel Discussion - The Current State of NAFTA

Distinguished Lecture - Mr. Lourenco Goncalves, CEO of Cleveland-Cliffs, Inc.

Panel Discussion - NAFTA and the Auto Industry

Panel Discussion - North American Dispute Resolution

A Guide To Emissions Trading Under The Western Climate Initiative, Chios Carmody

Canada-United States Law Journal

This Guide presents an overview of the cap-and-trade system of carbon emissions trading created and adhered to under the Western Climate Initiative (WCI). This Guide is divided into five chapters. Chapter 1 provides an overview of a cap-and-trade system of emissions permits. Chapter 2 explains the constitutional background to cap-and-trade schemes in the United States and Canada. Chapter 3 provides an overview of the linked system and a summary of its principal features in each WCI cap-and-trade partner jurisdiction (California, Quebec, Ontario). Chapter 4 explains how emission allowances are traded under the WCI and includes the results of a survey …

The Futility Of Walls: How Traveling Corporations Threaten State Sovereignty, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Inversions--mergers in which one firm merges with another abroad to avoid taxes in its home country--have spread as globalization has reduced many of the transactional costs associated with relocating. As firms acquire the power to choose the laws that govern them, they challenge the sovereignty of nation-states, who find their ability to tax and regulate firms depleted. States and firms compete in a game of cat and mouse to adapt to this new global reality. The subversion of state power by these firms reveals the futility of walls, both literal and regulatory. This Essay describes the phenomenon of these “traveling …

Personal Jurisdiction: The Transnational Difference, Austen L. Parrish

Articles by Maurer Faculty

This Article engages with some of the key debates that have emerged among international Iaw and civil procedure scholars by examining the flurry of recent transnational cases that have become a common feature on the U.S. Supreme Court's docket. It makes three principal contributions. First, it explains how the recent decisions involving persona jurisdiction should be understood within, and partly limited to, their international contexts. Disputes in involving non-resident foreign defendants raise different considerations than those involving defendants in the United States, and this Article canvasses those differences. If a concern previously was that courts gave too short shrift to …

What Is Puerto Rico?, Samuel Issacharoff, Alexandra Bursak, Russell Rennie, Alec Webley

Indiana Law Journal

Puerto Rico is suffering through multiple crises. Two are obvious: a financial crisis triggered by the island’s public debts and the humanitarian crisis brought on by Hurricane Maria. One is not: the island’s ongoing crisis of constitutional identity. Like the hurricane, this crisis came from outside the island. Congress, the U.S. Supreme Court, and the Executive Branch have each moved in the last twenty years to undermine the “inventive statesmanship” that allowed for Puerto Rico’s self-government with minimal interference from a federal government in which the people of Puerto Rico had, and have, no representation. From the point of view …

How International Oil Companies Could Assist Greece To Achieve The Sustainable Development Goals: A Conversation Starter, Alexandra Sdoukou, Andreas Tornaritis, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

This policy paper wishes to be a timely contribution towards a fruitful debate among stakeholders; it urges International Oil Companies (IOCs) to examine how the critical Sustainable Development Goals (SDGs) for Greece can be integrated into their core business so that the oil and gas industry can contribute to the country’s sustainable growth.