Facebook Penalized for Following Tech Pattern of H-1B Visa Abuse

By BethEl Nager Law Student Editor Among the non-immigrant entry visas granted to foreign workers, the H-1B is extremely popular with U.S. employers seeking employees with special skills due to its long duration (up to six years with an extension) and flexibility. To qualify for an H-1B visa, a foreign candidate must hold a bachelor’s […]

SCOTUS Limits the Expropriation Clause of the Foreign Sovereign Immunities Act

By BethEl Nager, Law Student Editor On February 3, 2021, in Federal Republic of Germany v. Philipp, the United States Supreme Court unanimously ruled that the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. ch. 97, does not permit U.S. courts to exercise jurisdiction over a foreign country that expropriates the property of its citizens without compensation. This ruling explored […]

Nestlé v. Doe: The Bittersweet Application of the Alien Tort Statute

By BethEl NagerLaw Student Editor On June 17, 2021, the U.S. Supreme Court reviewed whether to hold corporations liable for human rights violations under the Alien Tort Statute (ATS) in Nestlé v. Doe. In previous cases, the Court had narrowed the jurisdictional scope of the ATS significantly, reversing circuit court decisions allowing the use of the […]

From Litigation to Cooperation: Ending the US/EU Aircraft Tariffs

By BethEl NagerLaw Student Editor n June 15, 2021 President Biden entered into an agreement with the European Union (EU) to suspend tariffs on Boeing and Airbus. For 17 years, the US and EU claimed the other was unfairly subsidizing the aircraft-giants. Prior to this agreement, the World Trade Organization (WTO) Dispute Settlement Body declared […]

Human Right Violation Found in Italy’s Refusal to Correct Arbitral Injustice

By BethEl Nager, Law Student Editor& Aaron Fellmeth, Faculty Co-Editor The European Court of Human Rights (ECtHR) has recently held that Italy violated Article 6 of the European Convention on Human Rights, when Italian courts rejected a complaint regarding an arbitrator who had failed to disclose a conflict of interest. Article 6 of the European […]

Customs Penalties for Evading Antidumping & Countervailing Duties

By BethEl Nager, Law Student Editor& Aaron Fellmeth, Faculty Co-Editor In 2016, Congress adopted the Enforce and Protect Act of 2015 (EAPA) as Title IV of the Trade Facilitation and Trade Enforcement Act of 2015, Pub. L. 114-125, 130 Stat. 122. EAPA created a Trade Remedy Law Enforcement Division within the U.S. Customs and Border […]

French Court Reinstates $1.6 Billion Investment Arbitration Award Against Venezuela

By BethEl NagerLaw Student Editor Rusoro Mining is a publicly-traded gold explorer and producer headquartered in Vancouver, Canada.  In 2006, Rusoro began acquiring mining licenses in the southern region of Venezuela and actively extracted gold in the ensuing years. In 2011, the Socialist government of Hugo Chávez expropriated Rusoro’s assets in Venezuela without compensation, as […]

USTR Planning Section 301 Tariffs on Countries Using Digital Service Taxes

By BethEl Nager, Law Student Editor & Aaron Fellmeth, Faculty Co-Editor Digital Services Taxes (DSTs) are taxes levied on the gross income of companies providing such services as advertising, e-commerce, and user-data collection, based on the number of digital users within a country. Since 2020, at least 18 countries have proposed or adopted DSTs ranging […]

CIT Dismisses Unconstitutionality Claim Against Trump’s Metal Tariffs

By BethEl Nager, Law Student Editor& Aaron Fellmeth, Faculty Co-Editor On March 10, 2021, the U.S. Court of International Trade (CIT) dismissed a claim questioning the constitutionality of former President Trump’s tariffs on metal imports under Section 232 of the 1962 Trade Expansion Act, 19 U.S.C. § 1862. The Act authorizes the President to impose […]