Law and Policy in International Business

Articles from Vol. 27, No. 2, Winter

International Fiscal Wars for the Twenty-First Century: An Assessment of Tax-Based Trade Retaliation
An unlimited power to tax involves, necessarily, the power to destroy; because there is a limit beyond which no institution can bear taxation.(1) I. INTRODUCTION The phenomenon to which this Article will refer as "tax-based trade retaliation" (TBR)(2)...
Litigation beyond the Technological Frontier: Comparative Approaches to Multinational Patent Enforcement
The force of the contemporary patent instrument cannot be confined to the territorial setting of its origin. Although issued exclusively by individual national or regional patent offices, the information these documents disclose crosses state lines as...
Pushing Parentless Pharmaceuticals: Toward an International Home for "Orphan Drugs" and a Cure for "Zebra" Diseases
1. Introduction Prescription drugs are big business.(1) According to the three most significant economic indicators-return on equity, return on sales, and return on assets(2)--the U.S. pharmaceutical industry is consistently one of the most profitable...
The Haitian Crisis and the Future of Collective Enforcement of Democratic Governance
I. INTRODUCTION On March 31, 1995, more than sixty years after President Franklin D. Roosevelt visited Haiti to participate in ceremonies marking the end of the United States' nineteen-year occupation, President Clinton arrived in Port-au-Prince to...
The SEC Response to Internationalization and Institutionalization: Rule 144A Merit Regulation of Investors
I. INTRODUCTION As a response to the internationalization(1) and institutionalization(2) of the world's financial markets, the Securities and Exchange Commission (SEC or the Commission) adopted Rule 144A of the Securities Act of 1933 to facilitate the...