2004 Articles

Adult child lacked diplomatic immunity By Edward Neufville, III November 2004 The Fourth Circuit affirmed a decision that an adult child of a diplomat lacked diplomatic immunity and could be convicted for unlawful possession of a rifle.

The (bumpy) road to justice By Violeta I. Balan November 2004 While I was dreaming of sailing around the world, traveling to Africa and racing a camel, my father spent his nights printing flyers on a homemade handpress.

Can a foreign company do business in Mexico? The answer depends on the type of business it plans to do there By Alexander Olsansky, Jr June 2004 The General Rule is that foreign companies are entitled to do business in Mexico to the same degree as Mexican-owned companies. However, there are several exceptions to the General Rule.

CERCLA does not apply to U.S. pollution caused by U.S. military in other countries-Presumption against extraterritoriality By Matthew DeFlorio May 2004 A federal judge in California dismissed a lawsuit filed on behalf of plaintiffs who had sued the United States Air Force, the U.S. Navy, the Defense Department, and Defense Secretary Donald Rumsfeld because of pollution near two former military bases in the Philippines.

Chair’s column By Jessica T. Depinto June 2004 As my term concludes, I reflect on the past year with pride on the programs that we initiated and offered to members of the International and Immigration Law Section as well as to other section members with whom we partnered.

Chair’s column By Jessica T. DePinto January 2004 As discussed in the September edition of The Globe, our section reaches out to area law schools with presentations focusing on career development tips and practice opportunities in international law.

Chair’s column: Meet the Section Council By Mark E. Wojcik September 2004 The members of an ISBA Section Council are largely unknown to many Section members. This is true of all Section Councils, not just the Section on International and Immigration Law.

Chair’s column: Restoring belief in international law By Mark E. Wojcik August 2004 International law has been under attack in the United States in the past few years, and the time has come for lawyers and bar associations to come to its defense

Commercial agency and distributorship law in Qatar By Howard L. Stovall September 2004 The Qatari government has issued a number of important commercial laws in recent years, liberalizing local trade rules and better integrating Qatar into the global marketplace.

The continuing evolution of immigration law to address issues of domestic violence By Cindy G. Buys June 2004 Violence against women is present in every country, but it is even greater where women suffer more economic disadvantages.

The Customs-Trade Partnership Against Terrorism (C-TPAT) seeks to prevent dangerous goods from entering the United States under the cover of legitimate imports By Harvey Karlovac January 2004 Duties levied on imported goods are the oldest source of revenue for the United States.

Dealing with premarital agreements from other countries By Kevin Ross Johnson January 2004 A man comes to your office with a big problem: His marriage took place in another country, his wife has now filed a marriage-dissolution (divorce) case here in Illinois, and she says she is entitled to a large payment under the terms of a 'premarital agreement.'

Does NAFTA’s interpretation of “expropriation” favor foreign investors over domestic investors? By Rebecca L. Weinberg June 2004 Part 1: Treatment of expropriation under NAFTA Chapter 11

Does NAFTA’s interpretation of “expropriation” favor foreign investors over domestic investors? Part 2: Advantages of NAFTA investors over domestic investors in the United States By Rebecca L. Weinberg August 2004 In the June 2004, issue of The Globe, Part 1 of this article appeared, dealing with Treatment of expropriation under NAFTA Chapter 11. Part 2 continues the discussion of expropriations under NAFTA.

Does NAFTA’s interpretation of “expropriation” favor foreign investors over domestic investors? Part 3: advantages of NAFTA investors over domestic investors in Canada and Mexico By Rebecca L. Weinberg September 2004 In the July 2004 issue of The Globe, Part 2 of this article appeared, dealing with Advantages of NAFTA Investors Over Domestic Investors in the United States.

Editor’s comments December 2004 Be careful what you wish for! Editors from the various ISBA publications often remark that they wish they would receive more submissions.

Editor’s comments By Lewis F. Matuszewich November 2004 Thank you to a wide range of authors who are submitting articles at a record pace, we are in October and this is already the third issue of The Globe.

Editor’s comments By Lewis F. Maravilla September 2004 Leading off this issue of The Globe is the Chair’s Column by Mark E. Wojcik. Mark has prepared information concerning the members of the Section Council to introduce them to the readers of The Globe.

Editor’s comments By Lewis F. Matuszewich August 2004 Welcome to our new year of The Globe. The International and Immigration Law Section Council's new chair, Mark E. Wojcik, will build on the accomplishments of last years' chairs, Michael J. Chmiel and Jessica DePinto.

Editor’s comments By Lewis F. Matuszewich June 2004 This is the first time for several years that we have received enough material to have seven issues of The Globe. It is a great accomplishment due to the leadership of Jessica DePinto, Section Council Chair, and Mark Wojcik, Section Council Vice-Chair. Cindy G. Buys is an Assistant Professor at Southern Illinois University School of Law. "The Continuing Evolution of Immigration Law to Address Issues of Domestic Violence" is her first article to appear in The Globe.

Editor’s comments By Lewis F. Matuszewich May 2004 Are you looking for a source of potential business referrals? Investigate the Illinois State Bar Association's list serve.

Editor’s comments By Lewis F. Matuszewich April 2004 This is the fifth issue of The Globe this year. Mark Wojcik and students at The John Marshall Law School deserve extra recognition for their many contributions to the publication throughout the year.

Editor’s comments By Lewis F. Matuszewich March 2004 With each issue of The Globe, we demonstrate anew the wide range of interest among our contributors and the members of the International & Immigration Law Section.

Editor’s comments By Lewis F. Matuszewich January 2004 This is our third issue of The Globe this year. We start the issue with the "Chair's Column" by Jessica DePinto, Chair of the International & Immigration Law Section Council.

The European community accedes to the Madrid Protocol for the international registration of trademarks By Pradip K. Sahu November 2004 On June 29, 2004, the World Intellectual Property Organization ("WIPO") accepted the accession of the European Community (the "EC") to the Madrid Protocol for the International Registration of Trademarks (the "Protocol").

European Competition Law Commission record fine: 497 million Euros against Microsoft By Sac’i Nakano May 2004 On March 24, 2004, after more than five years of investigation, the European Commission concluded that Microsoft violated EU competition law.

The future of the World Trade Organization …? By Nick Lewis December 2004 This past September, the World Trade Organization (WTO) Summit in Cancun, Mexico, took place.

Hoffman Plastics and injured aliens By Patrick M. Kinnally April 2004 Jose Castro was an undocumented worker from Mexico. He was hired by Hoffman Plastics Compounds, Inc. ("Hoffman") in 1988 to work at its facility which formulated chemical compouds for manufacturers. When Castro was hired, he used a birth certificate which belonged to a friend born in Texas.

How American attorneys may obtain licensure to practice law as Overseas Lawyers or Foreign Lawyers in Hong Kong By Pradip K. Sahu August 2004 For centuries, Europeans have sought to increase trade with the East. The allure of Asian tea, silk, spices, art and adventure led numerous Westerners to China.

How the application of the Foreign Corrupt Practices Act can help regulate international adoptions By Sandra Vreedenburgh March 2004 Adoption is an instrument for giving a family to a child who does not have one and not the other way around."