Month: June 2024

This Article analyzes whether the Act [the Single European Act] will aid European unification. Part I argues that a realistic and balanced assessment of its results is possible through a comparison of the final outcome of its negotiations with the Act’s original objectives, in light of the political realities of the Community. Part II briefly Read More …

The application of the separate interests test has thus far been attempted only with foreign entities; its acceptance in light of the recent Ninth Circuit decision in the MCA case remains uncertain. In domestic entity classifications, a mechanical analysis continues to be utilized. This Note will introduce the separate interests test, discuss its inconsistencies, and Read More …

This Note presents the factual setting in which the instant claim arose, and discusses the rulings of the lower courts and the conflicting rationales in light of existing law. In conclusion, it proposes a balancing test incorporating the relevant criteria for consideration in this and like cases. Aris Haigian

Trade agreements like the Transatlantic Trade and Investment Partnership (“TTIP”), the Trans-Pacific Partnership (“TTP”), or the Comprehensive Economic Trade Agreement (“CETA”), have been heralded as 21st century trade agreements. Besides traditional aims like lowering trade barriers, the agreements also cover issues ranging from e-commerce, intellectual property rights, public procurement, to service liberalization and new forms Read More …

Article 15(2) of the Universal Declaration of Human Rights (“UDHR”) proclaims that no one can be “denied the right to change his nationality.” Following the UDHR’s promulgation in 1948, the general right to have a citizenship, and thus to preclude statelessness, was developed substantially through several major international agreements. However, the right to renounce citizenship Read More …

The purpose of this Article is to contribute to formulating a judicial policy that balances justice and fairness towards persons affected by the regulations, on the one hand, and administrative efficiency, on the other. Baruch Bracha

This note is concerned primarily with asylum, i.e., the acceptance of an individual by a country of refuge, as well as how a refugee is to be treated after asylum has been granted. Although each of these issues can be analyzed in both legal and moral terms, the lack of any enforcement agency of procedures Read More …

More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently Read More …

In this article, four authors with varying perspectives debate various approaches to reforming the legal profession in Russia. We start out with a short introduction to the legal profession in Russia today, set out the reform that is currently proposed by the Russian government and then present three perspectives on this reform. Two of us Read More …

This Note will review the doctrines and principles which now guide the enforcement of United States antitrust laws in foreign commerce. It will then argue that the United States must choose between two alternative courses of action when responding to the passage of the PTIA. On the one hand, the United States could choose to Read More …