Universal Jurisdiction and US Law – Duke Law Research

The conventional wisdom among international law scholars is that customary international law that is, the law that results from the customary practices and beliefs of nations—places limitations on the authority of nations to apply their laws extraterritorially.’ Unless a nation’s extraterritorial law falls within one of five categories* territoriality, nationality, protective principle, passive personality, or universality it is said, the nation violates international law rules governing “prescriptive jurisdiction.” All but one of these categories require a nexus between the regulating nation and the conduct, offender, or victim. Under the territorial category, a nation may regulate conduct within its territory as well as foreign conduct that has substantial effects or intended effects in its territory. Under the nationality category, a nation has broad authority to regulate the conduct of its nationals any- where in the world. Under the protective principle, a nation may regulate certain foreign conduct that threatens its national security or government operations. Under the passive personality...

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A Review of Defensive Strategies Used in Hostile Takeovers

Looking at these mind boggling and record breaking numbers and dollar amounts of the merger transactions in 1995, one tends to question himself WHY? The answer is, 'To restructure". With the real economic growth hovering between two and three percent, how can one possibly create that additional value needed for double-digit growth. In this era of globalization, for companies to maintain their competitiveness in regional and global markets within the parameters set by government negotiated "managed trade agreements", they simply have to restructure. A few of the restructuring tools include mergers & acquisitions, refinancing, management realignment, leveraged buyouts, and employees stock ownership plans. This thesis is intended to review the empirical data on previous mergers and acquisitions (involuntary or hostile) while exemplifying the five most targeted industries either in terms of their total takeover value or their numerical value of the deals struck. These industries include...

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