Tag: LAW JOURNAL

This Note argues that U.S. courts should examine requests for international judicial assistance from non-U.S. courts by using a standard that looks to both the characteristics of the requesting party and the nature of the non-U.S. proceeding. Part I discusses international judicial assistance generally and examines the 1964 amendments to the Judicial Assistance Statute. Part Read More …

The central focus of this paper is a proposal for rebalancing protection of cultural property so as to take into account preservation of the cultural as well as property aspects of cultural property. Part I distinguishes between cultural and property aspects of cultural property and demonstrates how both aspects are important to an appropriate resolution Read More …

The nations of the former Communist bloc face a task unparalleled in the annals of world history. By promoting allocation of market resources based on politics and social policy instead of economic efficiencies, the former regimes created economies of inefficiency. Committed economic reformers face the task of reallocating resources from inefficient producers dependent on government Read More …

In light of the fact that the considerable diplomatic efforts that have been made toward the promulgation of an international code of conduct on the transfer of technology that might soon be crowned with success, this Article examines the so called “technology development debate.” It considers some of the reasons for the determination of developing Read More …

Part I of this Note examines the EEC’s plan to establish a unified European capital market by 1992 and introduces the proposed directive. Part II discusses the current status of insider trading regulations in the Member States and focuses primarily on legislation in France and the United Kingdom. Part III analyzes the proposed directive and Read More …

The Note argues that courts deciding a case involving a battle of the forms should refer to the general principles within the CISG rather than resort to domestic law. It argues that there are solutions within the CISG allowing courts to address adequately a battle of the forms case and that by looking to general Read More …

The Note argues that the UK must modify its extrajudicial detention legislation in order to comply with the prompt appearance requirement of Article 5(3) of the European Convention. It analyzes the history of the conflict between Northern Ireland the the UK leading to the implementation of the extrajudicial powers of arrest and detention and the Read More …

The Note argues that U.S. courts should consider treatment of an apprehended individual in determining whether to retain jurisdiction. It examines U.S. and international law, and argues that the U.S., in order to comply with international law, must consider the treatment of an apprehended individual. It concludes that the U.S. courts must divest themselves of Read More …

This Note argues that U.S. courts should favor comity in evaluating requests for the transfer of assets. Part I examines the treatment of foreign debtors in U.S. bankruptcy law, prior to and through the development and implementation of the [Bankruptcy] Code. Part II analyzes the conflicting approaches adopted by courts in determining whether to grant Read More …

In Leclerc v. ‘Au ble vert’, the Court of Justice of the European Communities was asked to decide whether national measures imposing resale price maintenance for book could violate Member States’ duties under Article 5 of the Treaty Establishing the European Economic Community in conjunction with Articles 3(f), 85 and 86 thereof. The importance of Read More …