Category: HESA LAW JOURNAL

This Essay in honor of the memory of my dear friend and coauthor, Roger Goebel, presents a cutting-edge issue of extraterritoriality. May the law of one jurisdiction, whose competition law reaches a set of practices that may be anticompetitive, also reach wholly offshore conduct that is part of the same strategy? Does it matter that Read More …

This Note examines subject matter jurisdiction in transnational securities fraud cases. The approaches adopted by the circuit courts and the Draft Restatement are critically analyzed, and the language and purpose of the Act are reviewed. A new test for determining subject matter jurisdiction in a United States forum is proposed, which will result in a Read More …

This Note suggests limiting the use of international agreements which are not treaties. To accomplish this, it determines the proper limits of executive agreements and establishes a procedure by which courts should analyze their constitutional validity. Julie E. Arnold

It is no exaggeration to describe the relationship between the European Union and international arbitration as the most dramatic confrontation between two international legal regimes seen in a great many years. International law scholars commonly lament the “fragmentation” of international law,1 i.e., the co-existence of multiple international legal regimes whose competences overlap and whose policies Read More …

Increasingly some European Union (“EU”) Member States are undertaking practices to revoke or refuse nationality and thus EU citizenship, yet some of these practices are unlawful. It does not seem correct that a Member State’s unlawful act would have the result of denying an individual EU citizenship, but in principle EU Member States are the Read More …

This article contests the contention by Dr. Marenco that Judge Pescatore asserts a theory that Member States of the EED are prevented by Community law from intervening in the marketplace by legislation. Rather, Judge Pescatore explains how his article envisaged acts of legislation by which Member States specifically intervene in the normal play of competition. Read More …

On April 3, 2016, the Council of Palestinian Bar Association (“P.B.A.”) adopted the long-awaited Legal Profession Code of Ethics (hereinafter “the Code”). The Code came after a century of the legal profession’s practice in Palestine. Throughout the past century, there have been a set of ethical standards observed by Palestinian lawyers. Such standards were based Read More …

The vastly increased capacities for the retention and dissemination of data on individuals created by the continuing development of computer technology has brought into sharper focus the conflict between the growing needs for information, in both the public and private sectors, of advanced industrial societies and their citizens’ rights to personal privacy and individual liberty. Read More …

It seems likely that the need for protection against private claims for damages will cause more corporations to notify the Commission of their agreements and practices so as to obtain exemptions or, if appropriate, negative clearances. Whether this will cause a net increase in the Commission’s workload is not clear, since there will be a Read More …

Part I of this Note examines the concept of sovereignty and the role of the International Monetary Fund (Fund) as an instrument of supranational or joint sovereignty. Part II traces the development of economic dependence in Mexico and Argentina, examines the history of both public and private lending to these nations, and suggests that their Read More …