Brigham Young University International Law & Management Review

Transcription

1 Brigham Young University International Law & Management Review Volume 1 Issue 1 Article Frontmatter Follow this and additional works at: Recommended Citation Frontmatter, 1 BYU Int'l L. & Mgmt. R. (2005). Available at: This Frontmatter is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University International Law & Management Review by an authorized editor of BYU Law Digital Commons. For more information, please contact hunterlawlibrary@byu.edu.

2 INTERNATIONAL LAW & M A N A G E M E N T REVIEW VOLUME I SPRING 2005 ARTICLES The Viability of Stimulating Technology-Oriented Entrepreneurial Activity in China, Taiwan, Japan, and South Korea: How Regulations and Culture Encourage the Creation, Development, and Exploitation of Intellectual Property Matthew Goldberg.... I Compensation for "Measures Tantamount to Expropriation" Under NAFTA: What It Means and Why It Matters Jeffrey Turk Negotiating a Commercial "Most Favored Nation" Clause Stirling Adams Conglomerating Antitrust Policy by Comparative Example: A Conceptual Analysis of Merger Regulation in the United States, Japan, and the European Union Jonathan Trex!eJ:... Ill NOTES AND COMMENTS The EU Data Protection Directive: Implementing a Worldwide Data Protection Regime and How the U.S. Position Has Progressed Seth Hobby Privatization of Space Ventures: Proposing a Proven Regulatory Theory for Future Extraterrestrial Appropriation Jonathan Thomas

3 Use ofwto Panel Decisions in Judicial Review ofadministrative Action Under U.S. Antidumping Law Dan Nichols The World Summit on the Information Society: Making The Case For Private Industry Filtering to Control Extraterritorial Jurisdiction and Transnational Internet Censorship Conflicts Jay rvahlquist INTERNATIONAL UPDATES Brazil Enacts New Federal Bankruptcy Laws Gilberta Dean Correa Junior and Ricardo C. Veirano Brazil Presses Forward with Economic Refonn, Solidifying a Fresh Start Gabriel Sanchez and Augusto Perez U.S. Government Raises the Bar on "Deemed Exports" Conan Granzes The Free Trade Area of the Americas: The Great Challenge for Dispute Resolution Salvador Juncadella and Matthew Poulta

4 INTERNATIONAL LAW & MANAGEMENT REVIEW AN lnterdisciplinary LEGAL JOURNAL MANAGED AND EDITED BY GRADUATE STUDENTS STUDYING LAW AND MANAGEMENT AT BRIGHAM YOUNG UNIVERSITY Editor-in-Chief Robert Ave1y Managing Editor Executive Editors Publishing Editor Joshua Aker Trent Christensen Kalani Morse Heather Waite Lead Notes Editor Research Editors Lead Atiicles Editor Scott White Corey Sakamoto Seth Hobby Aaron Seable Senior Editors Rob Lesan Jay Wahlquist Kurtis Criddle Sunny Chen Kim Trupiano Nicole Kajiyama Holly Hinckley Lesan Associate Editors Courtney Kochevar Greg Stewart David Bradford Eric Nicholson Brett Boulton Steven Wood Wells Parker Andrew Cannon Travis Lar:wn Cameron Clapper Jordan Ro(fe Momallqbal

5 FOUNDATION FOR INTERNATIONAL LAW AND MANAGMENT The Foundation for International Law and Management is a nonprofit educational corporation that provides financial and advisory support to the International Law & Management Review. The Foundation's board of directors is comprised of law and management professionals, academics, and students from around the country who arc dedicated to promoting practical and progressive scholarship in the oftintersecting areas of international law and management. The Foundation is govcmcd by a board of directors composed of seven members. The board consults with an advisory committee made up of law and business practitioners and professors in the United States and abroad. 8 0 A R D 0 F DIRECTORS Joshua Aker JD Madson & Associates James Backman JD Professor of Law, BYU Law School D1~ Ervin Black Ph.D. Associate Professor, BYU Marriott School of Management Curtis LaClaire JD/MBA Honeywell International Alexander Ludlow JD/MBA Attorney, Vinson & Elkins, LLP Kalani Morse JD/MPA Student, BYU Law School, BYU Marriott School of Management Matthew Poulter JDIMBA Attorney, Morgan, Lewis & Bockius, LLP

6 BOARD OF ADVISORS Stirling Adams Latin America Counsel, Novell, Inc. William Atkin Associate General Counsel, The Church of Jesus Christ of Latterday Saints Lew Cramer Managing Director, Summit Ventures, LLC C. Brooklyn Derr Professor and Director, BYU Global Management Center Jefji ey Dyer Professor, BYU Marriott School of Management Randall Guynn Partner, Davis, Polk & Wardwell, LLP Conan Grames Chair, Intemational Law Practice Section, Kirton & McConkie Ned Hill Dean, BYU Marriott School of Management Stanley Neeleman Professor of Law, BYU Law School David Thomas Professor of Law, BYU Law School Eduardo Vidal Partner, Hughes, Hubbard & Reed, LLP

7 CtTl AS: INT'L L. & M<iMT. RFV. ISSN# The International Law & Management Review is published semi-annually by the Foundation for International Law and Managen-ent, a 50 I ( c )(3) nonprofit educational corporation, 430 JRCB, Provo, Utah Subscriptions for this inaugural edition are $25 US Dollars and $50 thereafter. Subsciptions are renewed automatically unless a request for discontinuance is recieved. Subscriptions may be placed online at ilmreview.org/subscriptions.htm using the PayPal secure online payment system or by downloading a PDF subscription form and mailing it to address above. The International Law & Management Review welcomes the submission of articles, book reviews, notes, comments, international updates, and practitioner oriented pieces for publication. Manuscripts should be submitted electronically to the Editor-in-Chief at eic@ilmreview.org. Each manuscript should be a typed, double-spaced Microsoft Word document formatted in the Times New Roman typeface. Electronic submission of digital copies of sources cited is also strongly encouraged. The views expressed herein are those of the authors and do not necessarily retlect the views of the Foundation for International Law and Management, the International Law & Management Review, the Brigham Young University J. Reuben Clark Law School, the Brigham Young University Marriott School of Management, or their respective otlicers, directors, editors, members, and staff Copyright I!,) 2005 by The Foundation for International Law and Management

8 s p 0 N s 0 R s The following organizations and individuals have made and continue to make generous contributions to launch and sustain the International Law & Management Review: ALUMNI EDITORS OF THE INAUGURAL BRIGHAM YOUNG UNIVERSITY LAW REVIEW BRECK BARTON R. BRUCE DUFFIELD DALE F. GARDINER ROBERT GROW LARRY JENSEN BoB JOHNSON DAVID P. KIMBALL MICHAEL NEIDER SCOTT ROBINSON RoY Ross JUDGE ANTHONY SCHOFIELD JAMES WHITESIDES DIRECTORS OF THE FOUNDATION FOR INTERNATIONAL LAW AND MANAGEMENT JOSHUA AKER JAMES BACKMAN ERVIN BLACK CURTIS LACLAIRE ALEXANDER LUDLOW KALAN! MORSE MATTHEW PouLTER BYU GLOBAL MANAGEMENT CENTER BYU J. REUBEN CLARK LAW SCHOOL BYU MARRIOTT ScHOOL OF MANAGEMENT DANIEL OSWALD HONEYWELL INTERNATIONAL KIRTON & McCONKIE MORGAN, LEWIS & 80CKIUS, LLP