Winter 2013
Articles
Separation of
Powers in Intellectual Property Rights: Balancing Global Intellectual
Property Rights or Monopoly Power in the Twenty-First Century by
Competition Law
Kitsuron Sangsuvan
The
Responsibility to Preserve: A Road Map for Saving Ecuador’s Yasuni
Rain Forest
Joshua M. Alter
The Post-Morrison Challenge—The Growing Irrelevance of
a Transaction-Based Test in an Interconnected World: An Analysis of the
Extraterritorial Application of Section 10(b) of the Securities Exchange
Act of 1934 and the International Comity Implications in the Wake of
Morrison
Christina M. Corcoran
Recent Decisions
Gordon v. City of New York Police Department, 84th Precinct
The U.S. District Court for the Eastern District of New
York held that under the Vienna Convention on Consular Relations, denial
of a detained foreign national’s request of consulate notification
does not provide an individual right to damages.
NML Capital, Ltd. v. Republic of Argentina
The U.S. Court of Appeals for the Second Circuit held
that an entity falls under the Foreign Sovereign Immunities Act
commercial activity exception when it makes purchases in the market in
the same manner as a private actor.
In re Extradition of Kapoor
The U.S.
District Court for the Eastern District of New York granted a
certificate of extraditability for an Indian National accused of fraud,
forgery, and conspiracy.
Velez v. Sanchez
The Second Circuit
affirmed the district court’s conversion to and later dismissal of
the plaintiff-appellant’s claim under the Trafficking Victims
Protection Reauthorization Act but remanded her Fair Labor Standards
Act claim.
ESAB Group, Inc. v. Zurich Insurance PLC
The U.S. Court of Appeals for the Fourth Circuit held that the
McCarran-Ferguson Act’s reverse preemption rule did not apply to a
South Carolina law invalidating arbitration agreements.
Fain v. Islamic Republic of Iran
The
District Court for the District of Columbia held that the defendants
waived their sovereign immunity under the state-sponsored terrorism
exception to the Foreign Sovereign Immunities Act.
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The New York International Law Review features
peer-written substantive articles relating to the practice
of international law on such topics as NAFTA, terrorist
financing restrictions, the collection of money judgments outside the
U.S., foreign direct investments, and trade agreements. Edited
by Lester Nelson, Esq., with the assistance of St. John's University
School of Law, the New
York International Law Review is published twice per year by
the International Section and distributed to Section Members free
of charge.