Suchergebnisse

As a punitive measure against the military regime in Burma, state and municipal governments in the United States have adopted laws penalizing firms that conduct business in that nation. This Article analyzes the validity of these statutes and ordinances under various provisions of the U.S. Constitution. After introducing the nature of this development and the constitutional issues raised, Part II of this Article proceeds to examine the character of the local enactments and the political backdrop which lead to their adoption. In Part II, the Authors analyze four federal constitutional issues surrounding the local legislation: implied preemption by federal legislation, impermissible intrusion into federal jurisdiction under the Foreign Commerce Clause, impermissible usurpation of federal authority under the Supremacy Clause, and impermissible delegation of authority to private parties in violation of the the Due Process Clause. In Part IV, the Authors discuss the practical problems presented by parallel and inconsistent foreign policies. This Article concludes that while the local measures are constitutionally infirm, they are unlikely to be challenged by injured firms.

Folded map in pocket. ; Includes bibliographical references (p. 168-170) and index. ; Mode of access: Internet.

This Article considers the wisdom and constitutionality of a proposed Massachusetts law penalizing companies that do business with Indonesia. In the March 1997 issue of the Vanderbilt Journal of Transnational Law, two of the authors expressed concerns about the constitutionality of state and local restrictions on business ties with Burma (Myanmar). This Article applies a similar analysis to conclude that the proposed legislation is an unconstitutional violation of the Supremacy Clause and the Foreign Commerce Clause. The authors also argue that the federal government has clearly preempted action by Massachusetts: first by providing aid to Indonesia under the generalized system of preferences; second, through involving the Export-Import Bank in fostering trade with Indonesia, third, by enacting the International Rubber Agreement, which may require Indonesian cooperation for its success; and fourth, through Congress's own consideration and rejection of trade sanctions against Indonesia.

pt. 1. General Index. -- pt. 2. Subject Index. -- pt. 3. List of Government publications. ; Mode of access: Internet.

Pt. 1. General Index.--Pt. 2. Subject Index.--Pt. 3. List of Government publications. ; Mode of access: Internet.

Vols. 30-[42] with indexes and tables by Emily A. Spillman. ; Vols. 1-5: Published, with copious indices and a digest, by Robert Farnham. ; Editors: v. 1-4, B.F. Hall. - v. 5, B.F. Hall, C.C. Andrews. - v. 6-8, C.C. Andrews. - v. 9-12, J.H. Ashton. - v. 13-19, A.J. Bentley. - v. 20, E. A. Hibbard. - v. 21-22, E.C. Brandenburg. - v. 23-26, J.L. Lott, J.A. Finch. - v. 27, J.A. Finch. - v. 18, J.A. Finch, George Kearney. - v. 19- George Kearney. ; Title varies slightly. ; Vols. 1-24 have title: Official opinions of the attorneys general of the United States, advising the President and heads of departments, in relation to their official duties; and expounding the Constitution, subsisting treaties with foreign governments and with Indian tribes, and the public laws of the country. ; Vol. 5, with imprint dated 1852, covers the period July 17, 1848-March 3, 1853. "The foregoing opinions were originally published in a separate volume, as volume V of the series, and edited by Mr. Hall. The remaining opinions [Oct. 8, 1851-Mar. 3, 1853] published in the present volume, are edited by C.C. Andrews." - Note, v. 5, p. 399. ; Mode of access: Internet.