Month: June 2024

This Note examines the problem of the unauthorized interceptionand transmission of United States programming, specifically concentrating on programming intercepted in the Caribbean Basin and Canada. Lori A. Yarvis

Part I examines the 1986 amendment’s legislative history and explains how the new subpoena powers will operate. Part II analyzes the new subpoena powers with respect to current standards of extraterritorial discovery under international law. Finally, Part III proposes an appropriate approach to serving CFTC subpoenas abroad which will promote their enforceability while not affronting Read More …

Systems of selective distribution involve essentially two elements. First, the distribution does not supply every dealer, retailer, or wholesaler who is willing to sell the products in question. Only those who meet certain criteria are appointed as authorized retailers or wholesalers. Second, authorized dealers may sell only to other authorized dealers, or, in the case Read More …

Finding an appropriate U.S. forum for an international antitrust case is unnecessarily complicated. Congress, with its intent to effectuate broad enforcement of the antitrust laws, has provided statutory authority, which allows suit in any judicial district so long as the antitrust defendant has minimum contacts with the United States. Thus far the courts have generally Read More …

Part I of this Note discusses the right of establishment within the EEC and the difficulties facing foreign attorneys in their efforts to exercise their right of establishment. Part II will examine the reasons why directives advancing a lawyer’s freedom of establishment have so far not been approved and will then evaluate three proposed solutions. Read More …

The United States and some of its major allies have been negotiating for some time concerning the establishment of an “alternative” seabed mining regime. Before confronting this issue, however, several threshold issues will be addressed. These will include descriptions of the nodule mining venture, the proposed UNCLOS regime to govern it, and the most recent Read More …

On February 12, 2018, Graciela Eugenia Ramírez Chávez went out to buy a pair of shoes for what should have been the happiest day of her life: her wedding day.1 After previously escaping an abusive relationship and “tak[ing] justice into her own hands” upon the advice of police when she reported the abuse, Graciela was Read More …

This article will review and analyze the background of the SCE provisions, the operation and limitations of the current law as evidenced by recent cases, and the proposed legislation currently before Congress. Donald L. Cuneo Charles B. Manuel, Jr.

Professor Flaherty’s Restoring the Global Judiciary revisits a longstanding debate among legal scholars and practitioners: should courts intervene in foreign affairs and national security? Can they do so effectively? Roughly two diverging approaches to these questions have emerged over time.  One camp has doubted the democratic legitimacy of judicial interference with foreign affairs.3 Judges are Read More …

Can the United States government enforce a warrant to compel an American Internet service provider (“provider” or “ISP”) to surrender a customer’s data that are stored in another country? Should it be able to do so? This Note focuses on a case that was before the Supreme Court that addressed this question.1 United States v. Read More …