THE ALIEN TORT STATUTE OF 1789 POLITICAL TORTURE PROVIDES FEDERAL JURISDICTION UNDER THE STATUTE

Dr. Joel Filartiga and his daughter Dolly Filartiga, citizens of Paraguay living in the United States,’ brought a civil action in United States District Court for the Eastern District of New York against Americo Norbeto Pena-Irala (Pena), also a citizen of Paraguay, for wrongfully causing the death of Dr. Filartiga’s son, Joelito, in Paraguay in Read More …

TERRORISM AS A TORT IN VIOLATION OF THE LAW OF NATIONS

Part 1 of this Note will attempt a definition of terrorism to determine whether the Tel-Oren attack was a terrorist act. Part II will discuss whether terrorism is a tort in violation of the law of nations for purposes of Alien Tort Statute jurisdiction. Part III will examine United States cases interpreting the term “violation Read More …

TERRITORIAL CLAIMS AS A LIMITATION TO THE RIGHT OF SELF-DETERMINATION IN THE CONTEXT OF THE FALKLAND ISLANDS DISPUTE

This Note will trace the development and present status of the right to self-determination under international law and its applicability to the decolonization of the Falkland Islands. No attempt will be made to determine whether Argentina’s claim to sovereignty over the Islands is valid. The focus will be, rather, on whether the right of self-determination Read More …

TECLAFF, WATER LAW IN HISTORICAL PERSPECTIVE

Water Law in Historical Perspective is a tour de force. Professor Teclaff has given us the advantage of his lifelong experience and learning in water law. Every page is enriched by his mature insight and scholarship. The book is divided into two parts. The first consist of a far ranging discussion of national legal systems, Read More …

TECHNOLOGY TRANSFERS IN THE EEC: A LOOK AT THE PROPOSED BLOCK EXEMPTION FOR EXCLUSIVE PATENT LICENSING AGREEMENTS

In this Note, the Present Draft is examined in light of the goals and history of Community competition policy. After a discussion of patents and licensing, the previous drafts and criticisms thereof are examined. An analysis of the recent decisions in Nungesser v. Commission (Maize Seed) and Coditel v. Cin´e Vog as they relate to Read More …

TAX PLANNING ISSUES AFFECTING INTERNATIONAL ENTERTAINERS AND ATHLETES

This Note will focus on the major tax planning issues confronting entertainers and athletes (hereinafter collectively referred to as “performers” unless separately stated) who perform in the United States and around the world. This Note will first explore the United States rules that apply when there is no applicable treaty; then it will discuss the Read More …

TAX COMPETITION AND THE ETHICS OF BURDEN SHARING

Tax scholars have long suggested that tax competition should be mitigated because it reduces the collective revenues of countries, impairs their ability to redistribute wealth, and produces more regressive tax systems. Likewise, international organizations such as the Organization for Economic Co-operation and Development (“OECD”) and the European Union increasingly move towards designing a global framework Read More …

SUING RUSSIA: HOW AMERICANS CAN FIGHT BACK AGAINST RUSSIAN INTERVENTION IN AMERICAN POLITICS

The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial Read More …

SOVIET DIVERSION OF UNITED STATES TECHNOLOGY: THE CIRCUMVENTION OF COCOM AND THE UNITED STATES REEXPORT CONTROLS, AND PROPOSED SOLUTIONS

This Note examines the Soviet diversions of United States technology and suggests possible countermeasures. Part I examines diversions and their impact on United States national security. Parts II and III review present United States and Western export and reexport controls and the problems with these controls. Parts IV and V introduct and evaluate proposals offered Read More …

SOME ASPECTS OF ABUSE OF DOMINANT POSITIONS IN EUROPEAN COMMUNITY ANTITRUST LAW

This article starts by looking at Article 86 of the ECC Treaty governing antitrust violations and the significance of “dominant position” in applying the Rule. The author then explains how in light of United Brands v. Commission, a Court of Justice of the European Communities Court, evidence of dominance may be classified in four categories. Read More …