SECTION 337 AND NATIONAL TREATMENT UNDER GATT: A PROPOSAL FOR LEGISLATIVE REFORM

This Article discusses the GATT panel reports on Section 337, the U.S. reaction to the GATT findings and possible amendments to Section 337 that would put the United States in compliance with its international obligations. Taking into account the difficult balancing act necessary to change Section 337 the authors attempt to take these requirements into Read More …

SECTION 42 OF THE LANHAM ACT AND NON-GENUINE GRAY MARKET GOODS: RE-EVALUATING THE AFFILIATE EXCEPTION

The Note argues that the U.S. Customs Service should revise the affiliate exception to resolve the exception’s present inconsistency with section 42 of the Lanham Act. The Note argues that the affiliate exception is incongruous with the plain language and underlying intent of section 42 of the Lanham Act. The Note finally argues that the Read More …

REVISITIG MULTINATIONAL SECURITIES OFFERINGS AFTER THE FREHNCH PRIVATIZATION NO-ACTION LETTERS

This Note argues that the SEC must clarify and modernize its present approach to facilitate participation by U.S. institutional investors in global offerings. Part I examines the French privatization program. Part II analyzes the Act’s relevant provisions and the SEC’s no-action letters addressing the application of these provisions to involvement by U.S. investors in the Read More …

REGULATORY ASPECTS OF DEVLOPING NATION DEBT-EQUITY SWAPS

This article discusses and analyzes three distinct legal doctrines available to the Office of the Comptroller of the Currency (the “OCC” or the “Office”) to issue policy statements and interpretive letters enabling banks to participate in transactions designed to restructure developing-country debt. Additionally, this article comments on Regulation K, promulgated by the Federal Reserve Board Read More …

RECONCILING THE POWER TO BAR OR EXPEL ALIENS ON POLITICAL GROUNDS WITH FAIRNESS AND THE FREEDOMS OF SPEECH AND ASSOCIATION: AN ANALYSIS OF RECENT LEGISLATIVE PROPOSALS

This Article specifically analyzes the legislative proposals and makes recommendations to ensure that the bills accomplish their stated objective- limiting the Executive’s discretion arbitrarily to bar and to expel foreigners on political grounds. Arthur C. Helton

R. WOHL, S. CHEMTOB, G. FUKUSHIMA, PRACTICE BY FOREIGN LAWYERS IN JAPAN

Book Review: Richard H. Wohl, Stuart M. Chemtob, and Glen S. Fukushima have put together a very useful volume under the auspices of the American Bar Association Section of International Law & Practice, entitled Practice by Foreign Lawyers in Japan. Patrick S. Kenadjian