INTERNATIONAL LEGAL ETHICS: THE EVOLUTION OF A FIELD

I begin with a brief overview of the evolution of legal ethics in the United States, both because this is the history I know best, and because I have reason to believe that it is typical of what has occurred in many other countries. The field is relatively recent and has struggled for respect, and Read More …

INTERNATIONAL CONSORTIA: DEFINITION, PURPOSE AND THE CONSORTIUM AGREEMENT

This article explores what an international consortium is, offering a definition which establishes the consortium agreement asd the essence of consortium, explains the reasons for using a consortium in large projects and offers soe oractical advice in the formation of a consortium agreement. Joseph Russell Milton

INFORMATION WARFARE, INTERNATIONAL LAW, AND THE CHANGING BATTLEFIELD

The advancement of technology in the contemporary era has facilitated the emergence of information warfare, which includes the deployment of information as a weapon against an adversary. This is done using a number of tactics such as the use of media and social media to spread propaganda and disinformation against an adversary as well as Read More …

INDEPENDENCE WITHOUT ACCOUNTABILITY: THE HARMFUL CONSEQUENCES OF EU POLICY TOWARD CENTRAL AND EASTERN EUROPEAN ENTRANTS

In the name of judicial independence, a concept whose name is nearly magical in its capacity to draw reflexive devotion, the European Union (“the Union”) and Council of Europe1 have used their bargaining power to impose nearly uniform structural systems on the most recent entrants with little regard for their own individual legal cultures and Read More …

INCOME TAXATION– DISPOSITION OF INVESTMENT IN UNITED STATES REAL PROPERTY– ENACTMENT OF I.R.C. X897

The purpose of this Recent Development is to explain the effects of section 897 in terms of the problems it was designed to remedy. Part I will explore the methods that were used in the past by non-resident aliens and foreign corporations to avoid the payment of capital gains tax on the disposition of real Read More …

IN RE MACKIN: IS THE APPLICATION OF THE POLITICAL OFFENSE EXCEPTION AN EXTRADITION ISSUE FOR THE JUDICIAL OR EXECUTIVE BRANCH?

The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will Read More …

IMPORTATION OF OUT-OF-PRINT WORKS UNDER THE COPYRIGHT ACT OF 1976

This note argues that the Copyright Act should be changed to permit compensated importation where the underlying work is out of print in the United States. Part I discusses the relevant sections of the Copyright Act and their interpretation by the courts. Part II demonstrates that compensated importation should be allowed when a work is Read More …

IMMIGRATION AND ESPORTS: THE ISSUE OF LEGITIMACY AND ITS IMPACT ON THE UNITED STATES VISA PROCESS

At the beginning of 2015, William “Leffen” Hjelte was on his way to becoming the greatest Super Smash Bros. player in the world.1 He had just won B.E.A.S.T. 5, one of the game’s most prestigious Esports tournaments.2 After his victory at B.E.A.S.T. 5, Leffen subsequently achieved status as the third ranked Super Smash Bros. player Read More …

HOST STATE TREATMENT OF TRANSNATIONAL CORPORATIONS: FORMULATION OF A STANDARD FOR THE UNITED NATIONS CODE OF CONDUCT ON TRANSNATIONAL CORPORATIONS

This Note examines the need for guidelines regulating TNC activity, and the importance of formulating a principle of host state treatment that will fulfill the objectives of the Draft Code. The three views on host state treatment and the support each view finds in international law are analyzed. From this analysis, it is concluded that Read More …

HONG KONG’S FUTURE: CAN THE PEOPLE’S REPUBLIC OF CHINA INVALIDATE THE TREATY OF NANKING AS AN UNEQUAL TREATY?

This Note analyzes the PRC’s claim that, according to accepted principles of international law, it is justified in abrogating the Treaty of Nanking. The basis for the PRC’s position is that the treaty is not reciprocal in its terms and is the product of coercion. Therefore, according to the PRC, the Treaty is unequal and Read More …