Category: HESA LAW JOURNAL

This Note reaches the contrary conclusion that the French nationalization of American subsidiaries fits within the territorial exception to the act of state doctrine. Carolyn B. Levine

An independent legal profession is said to be “the bulwark of a free and democratic society.” It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in Read More …

The late twentieth century and early twenty-first century bore witness to a flurry of small-scale conflicts, many of which were initiated by the President of the United States without a formal declaration of war from Congress. A host of legal scholars have decried these hostilities and harshly admonished presidential initiative in warmaking. However, this state Read More …

This Article analyzes whether the Act [the Single European Act] will aid European unification. Part I argues that a realistic and balanced assessment of its results is possible through a comparison of the final outcome of its negotiations with the Act’s original objectives, in light of the political realities of the Community. Part II briefly Read More …

The application of the separate interests test has thus far been attempted only with foreign entities; its acceptance in light of the recent Ninth Circuit decision in the MCA case remains uncertain. In domestic entity classifications, a mechanical analysis continues to be utilized. This Note will introduce the separate interests test, discuss its inconsistencies, and Read More …

This Note presents the factual setting in which the instant claim arose, and discusses the rulings of the lower courts and the conflicting rationales in light of existing law. In conclusion, it proposes a balancing test incorporating the relevant criteria for consideration in this and like cases. Aris Haigian

Trade agreements like the Transatlantic Trade and Investment Partnership (“TTIP”), the Trans-Pacific Partnership (“TTP”), or the Comprehensive Economic Trade Agreement (“CETA”), have been heralded as 21st century trade agreements. Besides traditional aims like lowering trade barriers, the agreements also cover issues ranging from e-commerce, intellectual property rights, public procurement, to service liberalization and new forms Read More …

Article 15(2) of the Universal Declaration of Human Rights (“UDHR”) proclaims that no one can be “denied the right to change his nationality.” Following the UDHR’s promulgation in 1948, the general right to have a citizenship, and thus to preclude statelessness, was developed substantially through several major international agreements. However, the right to renounce citizenship Read More …

The purpose of this Article is to contribute to formulating a judicial policy that balances justice and fairness towards persons affected by the regulations, on the one hand, and administrative efficiency, on the other. Baruch Bracha

This note is concerned primarily with asylum, i.e., the acceptance of an individual by a country of refuge, as well as how a refugee is to be treated after asylum has been granted. Although each of these issues can be analyzed in both legal and moral terms, the lack of any enforcement agency of procedures Read More …