Category: HESA LAW JOURNAL

This Note examines the extent to which the corporate mismanagement sphere of Rule 10b-5 may be applied extraterritorially to the internal regulation of offshore investment funds. Part I analyzes the policies behind the assertion of subject matter jurisdiction under international law and illustrates that the jurisdictional policies prescribed by international law do not support such Read More …

In the wake of scandals about the radicalization of hate groups online, Germany passed the Network Enforcement Act (“NetzDG”) to prevent hate speech online. In the months after NetzDG went into effect, social media platforms began engaging in overcorrection of hate speech online. This includes censorship and a new commitment to adhering to the strictest Read More …

This Article will review the doctrine of moral right, which acknowledges a continuing relationship between an author and his work, in Europe and the United States law that has been applied in similar fact situations. It will then assess both the California and New York statutes that grant rights similar to those of moral right, Read More …

Discusses the intent behind and the provisions of the Edge Act as well as the application of the Act to American international banking practices for the past sixty years. James T. Tynion III

This Note argues that the implementation of the new regulations violate both the spirit and the letter of bilateral and multilateral trade agreements to which the United States is a party. This Note will also examine the new textile regulations in light of judicial and administrative rulings. An examination of the conflict between the new Read More …

The most significant foreign affairs cases that the Supreme Court has decided—including, among others, Youngstown Sheet & Tube v. Sawyer,1 United States v. Curtiss-Wright,2 and Zivotofsky v. Kerry3—have substantial effects at home. These canonical cases fix the boundaries of power between the coordinate branches of government. In this Essay, the Author wants to start a Read More …

This research seeks to shed light on one professional group practicing in the Israeli Occupied Territories: defense lawyers representing Palestinians before the Israeli military courts. These Lawyers Israeli and Palestinian are important actors within a judicial apparatus, which has been in place since 1967, and is part of a prolonged military occupation. Over the years, Read More …

There is understandable anxiety today that the Trump administration’s national-security policies are pushing the world trading system to the brink of collapse.1 The administration has drawn widespread condemnation by imposing tariffs on steel and aluminum in the name of national security, and it is now threatening similar measures with respect to automobiles. J. Benton Heath

International Trade Regulation is a work with many strengths and few weaknesses. One could nitpick about certain aspects of its organization, but basically the organization is sufficiently logical overall that the book could be read cover to cover and be a coherent introduction to the subject of international trade regulation for a novice in the Read More …

This thoughtful contribution to American and German legal literature provides valuable insights for a reader interested in comparing the decisionmaking methodology under the West German and American systems of antitrust law. The work also provides a broader discussion of key distinctions between the jurisprudential and systematic foundations ofWest Germany’s continental legal system and those of Read More …