OUT OF THE SHADOWS: DEFINING “KNOWN TO THE GOVERNMENT” IN THE IMMIGRATION REFORM AND CONTROL ACT OF 1986

This Note argues that these rules contradict the language and purposes of the Act. Part I of this Note examines the rules promulgated by the INS defining “known to the Government.” Part II discusses the only reported case to dispute that definition and analyzes Chevron U.S.A., INc. v. Natural Resources Defense Council, Inc., the governing Read More …

”OPENING” PANDORA’S BOX: THE STATUS OF THE DIPLOMATIC BAG IN INTERNATIONAL RELATIONS

This Note argues that article 27 [of the Vienna Convention on Diplomatic Relations] provides for the absolute inviolability of the diplomatic bag. Part I discusses the history of the Vienna Convention and its provisions concerning the diplomatic bag. Part II sets forth instances of abuse of the diplomatic bag, proposed remedies, and the arguments in Read More …

MERGERS AND PARTIAL MERGERS UNDER EEC LAW

This Article, in Parts I-III, traces the development of Articles 85 and 86 of the EEC Treaty from the drafting of the Treaty, through discussions in the 1960s on their possible application to mergers, to the Continental Can case in 1973 and its subsequent interpretation. Part IV examines the Commission’s proposal for a regulation on Read More …

LAW OF THE EUROPEAN COMMUNITIES (VAUGHAN ED.)

What book would (or should) any European Community law lawyer-regardless of specialization-have on his or her desk or shelves? The answer to that question, at least for the English-language Community lawyer, is Law of the European Communities, edited by David Vaughan. The book is also Volumes 51 and 52 of the fourth edition of Halsbury’s Read More …

INVESTMENT FUNDS AND DEBT-EQUITY SWAPS: BROADENING THE BASE OF A NEW FINANCIAL TOOL

This article first examines the emergence of several new market-oriented mechanisms that could help relieve both the ominous “debt overhang” confronting many developing countries and equally ominous financial exposure of commercial banks. Prominent among these mechanisms are debt-equity swaps (or debt-for-equity conversions), which are examined in this article with a view of assessing their potential Read More …

HOLDING U.S. BANK HOME OFFICES LIABLE FOR DEPOSITS IN THEIR FOREIGN BRANCHES

Part I of this Note examines the case law that addresses the issue of U.S. bank home office liability. Part II analyzes U.S. monetary policy provisions that affect deposits held in foreign branches of U.S. banks and the conditions under which a U.S. bank may become a guarantor. Part III argues that the case law Read More …