Month: January 2025

The book first sets forth the policies and practical considerations underlying the current international and national trading regimes, including a description of what Professor Jackson calls the “constitutional structure” of the national and world trading systems. In addition, the book describes the procedures and practices of dispute resolution. The international focus of the book is Read More …

This Note argues that the Second Circuit’s interpretation of Section 1782 should become the standard throughout the federal courts because it applies proper canons of statutory interpretation, adheres to the U.S. Congress’ intent to provide an efficient means of assistance to participants in non-U.S. tribunals, and encourages other nations to provide similarly broad discovery requests Read More …

As trade barriers diminish and global economies continue to expand, harmonization and enforcement of international patent protection becomes increasingly important. This note compares the U.S. system with other countries. It argues that the U.S. should harmonize with the rest of the world. Part I discusses the different systems for determining priority of invention and the Read More …

Professor Emmanuel Gaillard’s recent compilation of foreign and domestic insider trading chapters in his book, Insider Trading: The Laws of Europe, the United States and Japan, provides a tremendous service for both international lawyers and United States securities practitioners. The book is a handy reference guide, as its title suggests, to recent statutory provisions passed Read More …

In Professor Grigera Naon’s latest work, Choice-of-law Problems in International Commercial Arbitration, he attempts to “analyze diverse aspects of international commercial arbitration so as to determine to what extent arbitral tribunals are willing to perform the independent role ascribed to them by lex mercatoria theoreticians, namely, the creation of an autonomous, anational and all-prevailing international Read More …

The Act is a comprehensive package that institutes a substantial number of new provisions to the Immigration and Nationality Act, with significant modifications made to such divergent topics as family immigration, business immigration, naturalization, and exclusion and deportation grounds and procedures. This Article surveys the changes and highlights those most likely to have a substantial Read More …

This Essay will report, analyze, and criticize the eighty-five page opinion of the Constitutional Court. Notwithstanding any criticism, the judgment is certain to have an impact on the European Union as it emerges from the Maastricht Treaty. The concluding section will assess that impact. By way of introduction, the following section will give a survey Read More …

This address asserts that in seeking to resolve the political dilemma of Northern Ireland, the lesson of the U.S. Constitution is particularly relevant. The root of the political conflict in Northern Ireland is that, unlike in America, no consensus exists as to fundamental constitutional principles or the idea that the source of political authority is Read More …

In this Article, I will trace Su´arez’s thoughts on the natural equality of all men as well as the natural character and equality of their republics. Then, in a context of natural law and the limits of state power, I will consider Su´arez’s positions on the jus gentium (law of nations) and war. Next, I Read More …

I was very grateful to have the invitation to participate in this program. I had the great pleasure several times as Chairman of the Securities and Exchange Commission (“SEC”) to come to Fordham Law School to participate in colloquia on various subjects relating to the evolution of the securities laws and world capital markets. Fordham Read More …