Category: HESA LAW JOURNAL

This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will Read More …

This Note will focus on the proposed amendment contained in S.1071 that would strengthen prejudgment attachment of foreign assets. Part I will discuss the doctrine of sovereign immunity as it has developed in this country, and its present status in the field of United States international litigation. Part II of the Note will examine the Read More …

Part I of this Article considers the role played by the preliminary ruling procedure in the context of the Community legal system as a whole. Part II discusses the types of questions that may be appropriately referred to the Court for preliminary ruling. Part III examines the various tribunals and courts that may make a Read More …

The immigration laws of the United States have long recognized a policy against deporting a person who seeks refuge in the United States, when it appears that person would be subject to persecution following deportation. The Immigration Act of 1952 permitted the Immigration and Naturalization Service to withhold the deportation of any person who could Read More …

Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part Read More …

This is a book review of International Individual Taxation by Postlewaite and Collins. The author argues that the book is an important addition to the tax library of novice and professionals alike. Mark I. Cohen

Studies frequently report significant divergence between institutional arrangements promoting judicial independence and judges’ actual independent behavior, particularly in authoritarian or semi-authoritarian countries. Many believe that such divergence is especially likely in China, where the problem of judicial dependence is deeply embedded in local contexts and historical practices. Drawing on in-depth interviews with judges and lawyers Read More …

This Note will review the scientific research and evidence that support the existence of an acid rain phenomenon, and discuss the principles of international law that apply to a transboundary air pollution problem. The recognition and application of these legal principles to cases of interstate pollution and resource sharing in the United States will then Read More …

Evaluates the legal organization and past operations of OPEC in order to undersatnd it and anticipate in what direction this new economic power is headed. Laurence Stoehr

Many of the world’s most valuable companies adopt the online platform business model to bring together different groups of customers—suppliers and customers—seeking to transact with oneanother. This Article aims to establish the correct legal characterization of these platforms and the implications thereof for competition law purposes. To do so, it explores two related questions: first, Read More …