2007 Articles

Abuse of legal process By Violeta I. Balan April 2007 The John Marshall Law School Chapter of the American Association of Russian-Speaking Attorneys will host a symposium on Abuse of Legal Process for Political Means in Russia on April 4th, 2007 at 5:30 at The John Marshall Law School.

Abuse of legal process in the Khodorkovsky case By Julia Bikbova May 2007 On April 4th, 2007, The John Marshall Law School (“JMLS”) hosted a Symposium on Abuse of Legal Process for Political and Economic Gain in Russia.

Addendum to the article by Michael Coleman and Celine Van Zeebroeck published in the fourth issue of The Globe, “Oil and gas investments in Algeria—A legal and tax primer from an Algerian perspective” By Michael L. Coleman & Celine van Zeebroeck March 2007 Algeria’s ordinary corporate income tax (impôt sur les bénéfices de sociétés, IBS) rate has been lowered from 30 percent to 25 percent.

Admonitions in the criminal trial court: Waiver of Counsel, Jury Demand, and Noncitizen Guilty Pleas By Patrick M. Kinnally March 2007 In January 2004 the Illinois General Assembly passed a law (725 ILCS 5/113-8) which says:

Attorneys from Vietnam March 2007 A delegation from Vietnam met with the International and Immigration Law Section Council and ISBA Officers as part of a three city tour of the United States.

Book drive for immigration detainees By Cindy G. Buys March 2007 For the past two years, students and faculty from Southern Illinois University (SIU) have been visiting immigration detainees held at the Tri-County Justice and Detention Center (Tri-County) in Ullin, IL to conduct “Know Your Rights” presentations and to assess whether the legal needs of the immigration detainees are being met.

Bulgaria’s accession to the EU—What does this mean for you and your clients? By Peter Petrov January 2007 Bulgaria is a parliamentary republic located in south Eastern Europe with a population of 7.3 million and a territory slightly larger than Tennessee.

Center of main interests of a debtor By Petra Novotna August 2007 The European Insolvency Regulation (EIR), the UNCITRAL Model Law on Cross-Border Insolvency and Chapter 15 of the U.S. Bankruptcy Code3 (Chapter 15) all contain a four-word mystery: “center of main interests.”

Choosing (and using) a mental health expert witness for immigration cases By Phyllis Gould April 2007 The work of a mental health expert witness in immigration cases can be compared to that of a journalist: it’s the expert’s job to tell the client’s story in as interesting, detailed, and moving way as possible.

CLE covers immigration issues for family lawyers By Tahani Afaneh April 2007 The Illinois Institute for Continuing Legal Education hosted the 6th Annual Family Law Conference in March, 2007. Daniel Azulay of Azulay, Horn & Seiden, LLC, presented a segment about Immigration Law for Family Lawyers.

DUI becomes an international matter By Maryann Bullion August 2007 Many Illinois citizens are not aware that their criminal records could affect them outside the country.

Editor’s comments By Lewis F. Matuszewich August 2007 During the 2006-2007 ISBA year, the International and Immigration Law Section Council was able to produce eight separate issues reflecting the wide range of interests of the Section membership.

Editor’s comments By Lewis F. Matuszewich May 2007 John Baun graduated from The John Marshall Law School and is a Ph.D. candidate in education at the University of Nebraska.

Editor’s comments By Lewis F. Matuszewich April 2007 Once again we are indebted to the academic community for a significant portion of this issue of The Globe.

Editor’s comments By Lewis F. Matuszewich March 2007 An introduction to the issue from Editor Lew Matuszewich.

Editor’s comments By Lewis F. Matuszewich January 2007 I appreciate Shannon Jackson conscientiously contributing a “Message from the Chair” for each issue and keeping our readers up-to-date on the other activities of the International and Immigration Law Section.

Financial access and insurance: A preliminary description of factors that affect immigrants By Robin Newberger December 2007 Providing financial services to immigrants is a growing business for bankers, and a growing area of study for policymakers and researchers.

Free Trade Agreements September 2007 Ambassador Karan K. Bhatia, Deputy U.S. Trade Representative, Office of the United States Trade Representative made a presentation in Chicago in early August providing background information on Free Trade Agreements.

Free trade with Korea November 2007 The Office of the United States Trade Representative has provided the following summary of the Free Trade Agreement between the United States and Korea on which negotiations were concluded April 1, 2007.

FSIA applied retroactively and subsequent commercial use of expropriated property does not qualify for the “commercial exception” By Paul J. Carrier March 2007 The Second Circuit ruled that the U.S. courts did not have subject matter jurisdiction over claims of Jewish persons and entities for the return of real property taken by Polish authorities shortly after the Second World War.

Hague Securities Convention By John T. Baun May 2007 The Hague Securities Convention was adopted by the Hague Conference on Private International Law in December 2002.

Illinois International Business Calendar By Petra Novotna November 2007 Upcoming events of interest to international law practitioners.

Immigration Court November 2007 Jefferson Mok of the National Immigrant Justice Center has pointed out to the readers of The Globe that the Office of Chief Counsel for the Chicago Immigration Court has changed its phone number.

Judges should notify foreign nationals By Cindy G. Buys April 2007 Attached is a proposed Illinois Supreme Court Rule 404 that would require Illinois state court judges to notify foreign nationals at an early stage in any criminal proceedings that they have a right to have their consulate informed that they have been arrested or detained.

Keeping company secrets secure: Where does the Economic Espionage Act stand after its first 10 years? By Andrew Pavlinski May 2007 Intellectual property theft costs U.S. industry more than $260 billion each year, although there is no precise way of measuring the actual loss.

Laid-off U.S. workers unable to claim statutory benefits while Department of Labor treats similarly situated plaintiffs differently By Juli Campagna September 2007 Despite five administrative filings and three remand results denying Plaintiffs, the Former Employees of the Merrill Corporation, certification for Trade Adjustment Assistance (TAA) under the Trade Act, the Department of Labor has still not managed to support its findings with substantial evidence.

The latest changes in the judiciary system in South Korea By Oana Pantilimon September 2007 During the 2007 Spring Meeting of the American Bar Association Section of International Law, the Honorable Sang Yoon Lee, a judge from South Korea was very kind to offer some thoughts regarding the latest changes in the judiciary system in Korea and the new Free Trade Agreement between the United States and the Republic of Korea.

Local immigration ordinances are likely unconstitutional By Anthony E. Rothert November 2007 Several municipalities across the country have recently adopted laws that attempt to regulate immigration.

“Made In” legislation: A brief overview of origin-marking regulations in the EU and in the U.S. By Avv. Stefano M. Viola & Jessica T. DePinto November 2007 Generally, origin marking rules require that every imported good having a foreign origin must be marked with the name of the country of origin.

Message from the Chair By Lewis F. Matuszewich December 2007 A message from Section Chair Lewis Matuszewich.