THE DECLINE OF DEMOCRACY IN THE PHILIPPINES

Ferdinand Marcos was twice elected President of the Philippines: in 1965, and again in 1969. His nomination for’a third term would have been barred under the Philippine Constitution, which prohibits a President serving more than eight consecutive years. In September 1972, fourteen months before his second and final term of office was due to expire, Read More …

THE COUNTER-ASSOCIATIONAL REVOLUTION: THE RISE, SPREAD, AND CONTAGION OF RESTRICTIVE CIVIL SOCIETY LAWS IN THE WORLD’S STRONGEST DEMOCRATIC STATES

In recent years, an increasing number of democratic states, including fully consolidated, long-standing democratic states, have adopted laws that impose new restrictions on the ability of civil society organizations (CSOs) to operate autonomous from government control, a phenomenon that is unsurprising in authoritarian contexts, but perplexing in democratic ones. This Article explores this curious phenomenon, Read More …

THE COMMERCIAL SPACE LAUNCH ACT: AMERICA’S RESPONSE TO THE MOON TREATY?

This note argues that the United States policy, as exhibited by the Launch Act, and the intent of the Moon Treaty are not mutually exclusive. Part I of this Note examines the history of the Moon Treaty. Part II examines the current United States policy regarding private enterprise in outer space in light of the Read More …

THE CAMPECHE BAY BLOW OUT: A STRICT LIABILITY APPROACH TO DAMAGES RESULTING FROM OFFSHORE DRILLING ACCIDENTS

Examines what avenues are open to establish a legal procedure to ensure compensation for parties injured as the result of accidents caused by offshore drilling rigs. Concludes that there is a need to impose strict liability standard on those parties engaged in offshore drilling for damages caused by such activities. Kevin T. Hoffman

THE APPLICATION OF ARTICLE 85 OF THE EEC TREATY TO EXCLUSIVE DISTRIBUTION AGREEMENTS

Compares the application of EEC competition laws and U.S. antitrust laws to exclusive distribution agreements, and noting an interesting development in the two systems. Article analyzes Continental T.V., Inc. v. GTE Sylvania Inc. and concludes it introduced the rule of reason to the U.S. approach for analyzing all nonprice vertical restrictions, but did not provide Read More …

THE APPLICABILITY OF THE UNITED STATES COUNTERVAILING DUTY LAW TO IMPORTS FROM NONMARKET ECONOMY COUNTRIES

This Note will examine the applicability of the countervailing duty law to nonmarket economies. Part I will review the legislative history of the countervailing duty statute and its judicial and administrative interpretations. Part II will discuss the Commerce Department rulings, the Court of International Trade’s reversal of these rulings in Continental Steel Corp. v. United Read More …

THE AMERICAN CONVENTION ON HUMAN RIGHTS: TOWARD UNIFORM INTERPRETATION OF HUMAN RIGHTS LAW

This Note explores the sources of law available to the Inter-American Commission and Court. The structure and jurisdiction of the European system for protecting human rights and their relation to the American system are examined first. This Note then reviews some case law and interpretation procedures of the European system and the International Court. Timothy Read More …