Michigan International Lawyer Is Published Three Times Per As a Short-Term Reaction to a Sluggish Economy

International Law Section Volume XXII, No. III, Fall 2010

MIL Editorial Staff hosted by Wayne State University Law School Professor Julia Y. Qin, Faculty Editor Dear Members and Colleagues: Melina Lito, Senior Editor Jennifer Gross, Student Editor Siola Hashorva, Student Editor Zachee Pouga Tinhaga, Student Editor It was my honor and privilege to be elected Chairperson of the International Law Section at the Section’s Annual Meeting In This Issue held on September 23, 2010, at The Fairlane Club in Dearborn, Michigan. Section members in attendance also elected Margaret Developing an International Practice: Why A. Dobrowitsky, Chairperson-Elect; Jeffery F. Paulsen, Secretary; Cameron DeLong Michigan Attorneys Need Global Reach and A. Reed Newland, Treasurer. In addition, attendees at the Even More Than They Think—and How to Build It...... 3 meeting elected Silvia M. Kleer to the Council for a term ending in 2012, and David By David Steiger B. Guenther, Gregory H. Fox, and Eve C. Lerman to the Council for terms ending in 2013. Finally, pursuant to the Section’s Bylaws, the Chairperson, with the approval A Legal Perspective in Promoting of the Executive Committee, has appointed the following law students ex-officio Investments: The Peruvian Experience and Michigan’s Potential Opportunities...... 6 (non-voting) members of the Council for terms ending in 2011: Nick Nawatmeh By Jorge E. Parodi (University of Detroit Mercy School of Law), Sam Saif (Wayne State University Law School), Quinten A. Smith (Thomas M. Cooley Law School-Auburn Hills Campus), New Energy Policy: Michigan to be Next and Timothy M. Kaufmann (Michigan State University College of Law). Congratu- Beneficiary...... 8 By Jeff Paulsen and John Monk lations to the new officers and Council members. Let me take a moment to thank Richard Goetz for his service to the Section as A Practitioner’s Primer on Consular Chairperson during the past year, as well as his service as a Section officer and Council Notification of Arrest or Detainment of member over many prior years. Dick’s experience in international law as the head Foreign Nationals in Michigan...... 14 By Paul J. Carrier of the International Law Department at Ford Motor Company, and later in private practice as the head of the International Practice Group at Dykema Gossett, PLLC, Photos from the Annual Meeting...... 20 has been a tremendous asset to the Section’s leadership for many years. I look forward Minutes of the Annual Meeting of the to receiving Dick’s wisdom and guidance in his position as ex-officio immediate Past- International Law...... 23 Chairperson. All of the Section’s past chairpersons are ex-officio Council members. Treasurer's Report...... 24 We value and encourage their continued support and active participation in the Leadership Roster...... 25 Section’s meetings and activities. After the formal business portion of the Section’s recent Annual Meeting, attendees listened to a program focusing on the general theme of How International Trade Will Help Bring New Jobs and Business Opportunities to Michigan. I would like to again thank each of the speakers for their excellent and well-received presentations and Disclaimer: The opinions expressed herein are solely for taking time from their busy schedules to speak at our Section’s Annual Meeting. those of the authors and do not necessarily reflect the opinions of the State Bar of Michigan, the David A. Steiger, author of The Globalized Lawyer: Secrets to Managing Outsourcing, International Law Section and its Officers, Council Joint Ventures and other Cross Border Transactions, made the case for the development and Members, or the Editors. of an international practice as a long-term strategy for Michigan lawyers, rather than TheMichigan International Lawyer is published three times per as a short-term reaction to a sluggish economy. Mr. Steiger also outlined the primary year by the International Law Section, State Bar of Michigan, 306 Townsend Street, Lansing, Michigan 48933-2083. skills and tools that attorneys need to develop to provide the best cross-border advice. Copyright 2010 International Law Section, Dr. Robert A. Dye, Vice President and Senior Economist of PNC Financial State Bar of Michigan. © All rights Reserved. Services Group, gave a presentation entitled Dodging the Double Dip in a Dangerous

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Michigan International Lawyer Year, in which he provided an overview of the current state of the World, U.S., and Submission Guidelines Michigan economies. He also summarized his current economic forecast, including the upside potential and downside risks for Michigan. I would especially like to thank The Michigan International Lawyer, PNC Financial Services Group for sponsoring Dr. Dye’s trip from Pittsburgh to speak at which is published three times per year our Section’s Annual Meeting. Since entering the Michigan market, PNC Bank and its by the International Law Section of the State Bar of Michigan, is Michigan’s affiliates have sponsored several conferences and seminars in Michigan on international leading international law journal. Our trade and we welcome their interest in the Section’s activities. mission is to enhance and contribute Gil Pezza, Director of the Water Technology Initiative of the Michigan Economic to the public’s knowledge of world law Development Corporation, gave attendees a summary of business development activities and trade by publishing articles on in the Michigan alternative energy industry through his presentation entitled Opportuni- contemporary international law topics and issues of general interest. ties for Growth in Advanced Energy Storage, Solar, Bio Energy, Wind Turbine Manufactur- The Michigan International Lawyer ing, and Water Technologies. Many of the companies coming to Michigan to invest in invites unsolicited manuscripts in all alternative energy development have international roots. As part of his presentation, areas of international interest. An au- Mr. Pezza gave a list of recommended steps that Michigan lawyers should consider to thor is encouraged to submit a brief bio and a photograph for publication. pursue opportunities to represent clients in this developing industry in Michigan. An article, including footnotes, should Eve C. Lerman, Senior International Trade Specialist with the U.S. Department of contain between 1000 and 3000 Commerce in Pontiac, Michigan, was the final speaker at the Section’s Annual Meeting. words. Ms. Lerman has served in the past on the Section’s Council and, as mentioned above, Articles can be submitted for consideration in hard copy or electronic was elected again to the Council. She has given presentations at several past Section format. Manuscripts and photographs meetings, which are always informative and generate many follow-up questions. Ms. cannot be returned unless accompa- Lerman’s presentation focused on outbound opportunities for Michigan businesses and nied by a $5 check or money order attorneys, including a summary of priority export markets for U.S. businesses. She also made payable to Wayne State Univer- highlighted the many services available from the U.S. Commercial Service to assist U.S. sity Law School for shipping and han- dling. businesses that desire to export or pursue business opportunities outside the United The Michigan International Lawyer States. If you or your clients have not taken advantage of the services offered by the will consider articles by law-school U.S. Commercial Service, I encourage you to contact the U.S. Commercial Service to students and may publish student see what services are available for your clients who desire to pursue business opportuni- articles as part of a regular column. A student should submit the article ties in global markets. either through a law-school faculty There are many ways for you to become involved in the Section’s activities. The member or with a law-school faculty Section sponsors five committees: Emerging Nations, International Business and Tax, member’s recommendation. International Employment & Immigration, International Human Rights, and Inter- Submissions should be forwarded to: national Trade. Contact information for each committee chairperson is listed in this Professor Qin, Faculty Editor issue of the MIL and on the Section’s page on the State Bar of Michigan website. Please Michigan International Lawyer contact the chairperson of the committee that is of interest to you and find out how you Wayne State University Law School can contribute to the committee’s activities. 471 W. Palmer The Council will meet this fall to plan the activities and programs for the 2010-2011 Detroit, Michigan 48202 Telephone: (313) 577-3940 year. All members of the Section are invited and encouraged to attend Council meetings E-Mail: [email protected] as well as the programs that typically follow Council meetings. If you have suggestions for programs or activities that you think should be considered by the Council, please do not hesitate to contact one of the Section’s officers or any Council member. We Michigan welcome all suggestions. The primary means by which the Section’s officers communicate and distribute International Lawyer notices of meetings and programs is through the Section’s “announcement only” listserv. Publication Deadline Dates If you have not received email notices of the Section’s recent meetings and programs, please go to the Section’s page on the State Bar of Michigan website or contact the State Winter Issue Bar of Michigan to sign up for the listserv. If your email address has changed, please Articles due December 15 sign up again with your current email address. Summer Issue Please enjoy this issue of the Michigan International Lawyer and I look forward to Articles due June 15 seeing you at the next Section event.

Fall Issue Best regards, Articles due September 15 Cam DeLong, Chairperson

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Developing an International Practice: Why Michigan Attorneys Need Global Reach Even More Than They Think—and How to Build It. By David Steiger

As the local, Midwest region and same three months.4 In any event, as new General Motors the U.S. economies continue to struggle industries take root and a uniquely skilled sold more units in towards recovery, it comes as little workforce adapts, the long-term pros- China in the first surprise that attorneys from all over pects for Michigan’s rebound are solid. half of 2010 (1.21 Michigan—for perhaps the first time That being said, Michigan attorneys Million) than in the in their professional lives—are looking need to understand that a revived local United States (1.07 today at how overseas legal work might business community alone is unlikely to Million). 8 Ford re- help them pick up the slack in billable translate into a return of the practice they cently announced its David Steiger hours and revenues. Some may see this as knew in years past. One reason for this Chinese sales were a short-term strategy until things return to is rooted in global economics meeting up 42% in the first “normal.” The reality though is that even demographics; the other in changes to eight months of this year.9 The focus of post-recovery, both outside and inside the business of law itself. the large multinationals shifting to the counsel will be looking at a very different developing world, combined with labor kind of “normal.” Because of a conver- cost advantages and developing sectors Globalization Requires Global gence of long-term economic trends, it of excellence across a wide variety of Legal Practice will become obvious enough that a global industries in those nations, create forces practice will be something that many—if As Joseph Schumpeter noted in that continue to reverberate through the not most—Michigan lawyers will want to Capitalism, Socialism and Democracy, American economy—and their gravity build and sustain for the long haul. For capitalism as a system thrives on the pulls more and more small and medium- those that seek to create such a globalized new consumers, goods, and markets it sized businesses in to the cross-border presence, this article will set out the core creates.5 The United States in the 21st game every day. skills needed to create genuine value for century is an established economy with The U.S. Commerce Department’s their clients and generate new opportuni- modest projected population increases. International Trade Administration ties in the years to come. The greatest growth can be expected in reports that 281,668 businesses with newer, developing markets. The Inter- 500 or less employees exported from national Monetary Fund’s most recent the United States in 2008, comprising a Recovery, but a Different World World Economic Outlook bears this reported value of over $359 billion—up Signs of recovery in the state and the out: China’s projected GDP growth 14.5% from 2007 levels.10 The number region give some reason for optimism, for 2010 and 2011 are 9.8% and 9.6% of these businesses exporting to China is but the data remains mixed, as in much respectively; India’s economy is expected up 783% since 1992.11 Because of this, of the country. The Bureau of Labor to increase at rates of 10.3% and 8% in the supply chain of a wide variety of Statistics stated that in August 2010, that same period.6 A Bloomberg Global products and services is becoming more Michigan lost 50,300 nonfarm payroll Poll released September 21, 2010 found international every day for an increasing jobs.1 On the other hand, the Midwest in a survey of 1,408 investors, analysts number of businesses. region in that same period listed an un- and traders that Brazil, China and In- Clients that up until now never set employment rate 0.6% lower than the dia ranked ahead of the United States their sights on global markets or cross- year before.2 Additionally, the difficult as preferred places to invest.7 When border joint ventures suddenly have no restructuring of the American automo- one considers that China and India choice but to venture into this frighten- bile industry, so long a key driver of the alone comprise more than third of the ing and often confusing territory, as their economy here, has started to bear fruit: world’s population, it is not difficult to customers and clients are increasingly Ford recorded a $2.6 billion profit in the understand why so many multinational demanding it. Because of this simple second quarter of 2010, its fifth straight corporations seek access to these markets. reality, there is a critical need on the part profitable quarterly result3 and GM As a window into what this means of these small businesses for trusted legal posted $1.3 billion in net profits in the for the future, consider the following: advice on a global basis for the first time

3   ichigan International Lawyer  to avoid the regulatory, cultural, politi- at traditional rates. They are instead One of the keys of successful interna- cal, logistical and other roadblocks that dictating who will be authorized to bill tional practice is simply developing good could severely damage, if not destroy on their matters, and in many instances, issue spotting skills. Clients are generally their operations. these clients are seeking alternative fee focused on the business of getting a deal This almost certainly includes some arrangements with a smaller set of pre- done. They may not have even consid- of your current or potential clients---are ferred firms. ered the tax consequences of repatriating you ready to respond? If you aren’t, your Against this backdrop, simply of- profits from a newly created joint venture competition will be happy to service fering clients the same two dimensional or the time and cost involved in getting your clients, not only on their new in- service that ignores how international necessary overseas building permits in ternational work, but whatever work you their business has already become—or a given locale. It is your job to think would otherwise do for them. likely will become in the not-too-distant the deal through to completion and It is important to stress however that future—is an unforced error that your isolate what issues might cause a profit- globalization is even more about oppor- competitors will use to their advantage. able transaction to become a dangerous tunity than threats—it’s a big world out Do yourself a favor and add an interna- money pit for your client. Also, you need there and they have an immense hunger tional dimension to your practice now. to think ahead as your client grows and for what U.S. businesses can provide ask: what might be an issue for them in them. McDonald’s reported August years to come? How to Build Your Global Practice 2010 U.S. sales were up 4.6% while This leads to the next point: in the sales in Asia, Africa and the Middle East So—what is necessary to build an words of one international tax practitio- were up 7.8%.12 Moreover, for lawyers, international practice? What is not neces- ner, you need to “know what you don’t international work can often lead to sary is an intimate knowledge of the law know.” Few practitioners can realistically more domestic work. As many formerly of every sovereign nation in the world. stay on top of all the potential issues, U.S.-based companies have merged with Fundamentally, you need four things: legal and regulatory changes and im- foreign companies, a significant number 1) learn how to evaluate the in-house portant geopolitical developments that of the new investments and facilities raise capabilities of your clients and how you can affect their clients’ interests in every domestic legal issues that require attor- can most efficiently create and contribute far-flung locale. As an attorney finalizes neys familiar with local law and process. to inside-outside teams at various stages deals or conducts arbitrations in various of international deals; 2) develop your countries, they build up a bank of experi- issue spotting skills; 3) know what you ence as they would in any other field of Changes in the Business of Law don’t know, and 4) become a good quar- endeavor. The temptation in a particular Also consider how continuing terback--build an international network situation may be to extrapolate too much changes in the provision of legal services of experts you can pull in to fit the set from one’s own limited experience, in- in the U.S. are creating a new paradigm. of issues you face in a given transaction. stead of bringing in a local or issue expert. Much as old social contracts that used to Evaluating your clients’ capabilities The more that is riding on the answer to exist between employers and employees is about taking the time to learn their a particular question, the more likely it is have given way to practical concerns, business and the background and experi- that an expert consultation is advisable. so too the relationship between clients ence of their people. How big is their in- This brings us to learning how to and their legal counsel has undergone a house department? How many in-house be the international quarterback. You fundamental change. Clients who once attorneys have international experience? need to be the person on the field who followed the lead of outside counsel are Where and in what capacity? What are reads the situation, evaluates in real-time now asserting themselves in a funda- their current responsibilities—do they whether the strategy you intended to use mental reordering of the relationship, have time to give appropriate attention to has a likelihood of success or whether with the goal of slashing expenditures the legal issues that an anticipated trans- an unanticipated development means and taking control of how their work is action or litigated matter will require? you should call a “time out” and make staffed and executed. Does the client need someone to step adjustments. It means knowing who the More than ever, clients are attacking in and take a leadership role or do they best person is to “carry the ball” at each traditional law firm profit centers. For only need a sounding board? You will step, whether local counsel or in-house instance, they are in some cases question- only know by taking the time to listen to management. You need to be the one ing whether they should be financially your client, and repeating the process as who has built the network of experts responsible for training inexperienced their operations, goals and issues change that allows you to call one in quickly if young associates by allowing these newly over time. circumstances dictate. minted lawyers to work on open files

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Practical Examples of Successful Finally, American lawyers are rightly Huge Quarter on Brisk Sales, The Quarterbacking trained to carefully attend to the drafting Huffington Post (July 23, 2010, 5:31 PM), http://www.huffingtonpost. Savvy practitioners will tell you that of termination and dispute resolution clauses. Still, many successful quarter- com/2010/07/23/ford-profit-2q-2010- those who stand out in cross-border work autom_n_656836.html. are those who focus on helping clients backs warn that putting too much faith in enforcement of contract terms can be a 4 Sam Abuelsamid, General Motors continuously focus on what is legally reports $1.3 billion profit in second necessary to reach their end business mistake. Many cross-border experts liken international transactions to a marriage, quarter, Autoblog (Aug. 12, 2010, goal. After all, any technician can tell 10:27 AM), http://www.autoblog. and point out that if you spend more a businessperson all of the reasons they com/2010/08/12/general-motors- can’t reach their objective. A proper time reminding your partner about their reports-1-3-billion-profit-in-second- counselor on the other hand will devise responsibilities than building up the quarter/. relationship, it is likely to fail. In saying creative ways to achieve the same ends, 5 See Joseph Schumpeter, Capitalism, that, many often point out that once a albeit with slightly different means if Socialism and Democracy82-85 necessary. Make no mistake however, a relationship is dead, even if you obtain (Harper 3rd ed.1975) (1942). good quarterback has to also be prepared an arbitration award in a neutral venue, you often have to return to a potentially 6 Rebalancing Growth, International to help a client grasp when to abandon a Monetary Fund World Economic hostile locale to enforce it. Quarterbacks deal or settle a case when the costs of the Outlook(Apr. 2010), http:// business goal are simply too great. know that implementing deals with an www.imf.org/external/pubs/ft/ A successful global practice requires eye towards attention in areas where mis- weo/2010/01/pdf/text.pdf. understandings are likely will avoid the a fundamental understanding of the 7 Bloomberg Global Poll: U.S. Loses difference in the business culture from meltdowns of numerous international No. 1 to Brazil-China-India,  one location to the next, and how the partnerships. Bloomberg(Sept. 21, 2010), http:// individuals across the table might react www.bloomberg.com/news/2010-09- 21/bloomberg-global-poll-u-s-loses- in various circumstances. A common About the Author complaint of businesspeople outside of no-1-to-brazil-china-india.html. the U.S. is how assured American-based David A. Steiger is a licensed attor- 8 Douglas A. McIntyre, GM China Sales counsel are that “the American Way” of ney and a member of the Visiting Faculty Top US For First Time, 24/7 Wall doing things isn’t just the right way but of the DePaul University School for New St (July 2, 2010), http://247wallst. the only way of doing things. Everything Learning. Steiger holds a Bachelor’s degree com/2010/07/02/gm-china-sales-top- from timing to relationship building to in Political Science and a Juris Doctor us-for-first-time/. expressions of agreement can be affected from Indiana University. A licensed attor- 9 Yajun Zhang, Ford January-August by a difference in the business culture. ney for two decades, he lives and works in China Sales Up 42% At 368,103 Knowing how to assist especially your Chicago, Illinois. He is the author of The Units, Fox Business (Sept. 2, 2010), http://www.foxbusiness.com/ less seasoned clients in adopting the Globalized Lawyer: Secrets to Managing Outsourcing, Joint Ventures and Other markets/2010/09/02/ford-january- “American Way” to a more nuanced and august-china-sales-units/. sensitive approach is the mark of the well- Cross-Border Transactions, published trained quarterback. by American Bar Association Publishing. 10 Small & Medium-Sized Exporting Steiger is currently working on an expanded Companies: Statistical Overview, second edition of the book, with an an- 2008, U.S. Department of ticipated publication date of Spring 2011. Commerce, International Trade Administrationhttp://www. trade.gov/mas/ian/smeoutlook/ Endnotes tg_ian_001925.asp (last visited Sept. 28, 2010). 1 Regional And State Employment And Unemployment Summary -- August 11 Id. 2010, United States Department of 12 Emily Stephenson, McDonald’s Labor, Bureau of Labor Statistics, August sales beat year-ago, Fox (Sept. 21, 2010, 10:00 am), http:// Business, Reuters ( Gerald E. www.bls.gov/news.release/laus.nr0. McCormick ed) (Sept. 9, 2010), htm http://www.foxbusiness.com/ 2 Id. markets/2010/09/09/mcdonalds- august-sales-beat-year-ago/. 3 Dee-Ann Durbin & Tom Krisher, Ford Profit 2Q 2010: Automaker Posts

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A Legal Perspective in Promoting Investments: The Peruvian Experience and Michigan’s Potential Opportunities By Jorge E. Parodi

The early 1990s discussions amongst World countries, they found out some- of Peru was crucial. lawmakers and specialists were about thing on their way: no economic change When the economic how to help promote private investment could be made without changes in the chapter of the pre- and encourage new economic growth country’s legal framework. vious Constitution from the perspective of law? Are law- is compared to the makers that important? Can Congress, a The “Washington Consensus” economic chapter of Governor or a President decide whether was part of every effort to the new Constitu- businesses are going to grow, or not? change things, especially in the tion, the following Jorge E. Parodi The immediate answer is probably “no”. Third World. changes are noted But, it is not that easy. It is important as critical to Peru’s to analyze what happened in other areas economic successes: of the world and open our eyes to the What happened in Peru was very • The previous Constitution estab- experiences that took place elsewhere. special. As part of the team of profession- lished that the economy should be Like Oliver Wendell Holmes said als that took part in this enormous effort planned by the State (emulating the in his book The Common Law, -“life of to start what was called the “Reform of old USSR model). The new Consti- the law has not been logic, it has been the State” program; we were direct wit- tution discarded this concept and experience.” nesses of this change. embraced free private initiatives. The change in Peru started in 1990. In this respect, I would like to start • The previous Constitution estab- A terrible experience with former Presi- by asking, what is the real effect of a legal lished that the State could par- dent Garcia had taken the country to the framework on the impulse of private ticipate in the economy as a public very edge of a cliff; with monster infla- investment? Can legal changes create a enterprise, competing in the market, tion, terrorism and a bankrupt economy. friendly environment for private invest- and at the same time; regulating the The Peruvian electorate then decided to ment? economy itself. The new Constitu- elect Alberto Fujimori as President, and I had the opportunity to be part tion discarded any participation of he arrived in Office without a political of the huge change that took place in the State in the market; unless for party. This uncommon fact in Latin South America in the mid 1990s. After a service that no private enterprise American politics allowed President the Fall of Berlin Wall, and the end of could provide. This change resulted Fujimori to select his political team to the so called “Cold War,” the new world in a new government initiated priva- help him make important economic de- was focused on establishing the roots of tization process; selling most of the cisions. The moment in time was perfect; the new world order. The “Washington obsolete and nonprofitable public and Peru could embrace the free market Consensus” was part of every effort to companies that the State could no ideas of the “Washington Consensus;” change things, especially in the Third longer afford. World. Of course, Latin America was not and the idea that the private sector was an exception. The enthusiasm was high, the real leader of economic growth. • The previous Constitution estab- and it seemed that the free market, the President Fujimori had one big lished that the natural resources of free economy, and trade liberalism were obstacle ahead: a legal framework that the country; like mines, fisheries, the answers for everything. wouldn’t allow him to start economic re- and forests, belonged to the State. When the International Monetary form in Peru. He proposed a referendum The new Constitution established Fund (IMF) and the World Bank started to approve a new Constitution, and the that these resources belonged to the this enormous changes by financing country electorate allowed these reforms. Nation, and that the State would programs to “Reform the State” in Third In this regard, the economic chapter only be an administrator. This of the newly written Constitution change was a crucial leap in the con-

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cept of natural resources, property legal framework’s obsolescence that could About the Author and conditions for their exploitation. have been an obstacle to meet the free Jorge E. Parodi is a lawyer and a market targets that had been established. graduate from the Universidad de Lima In addition, the new legal framework Today in Michigan, we hear the of the country also established concepts Peru. He received his lawyer title and bach- same concerns: what can we do to pro- that were crucial to promote private elor’s degree in Political Science in 1993. mote private investments? How can we investment: He is currently a member of the Lima Bar make the economy grow and create new • The State could sign so called “Law- Association, and he has sixteen years of legal jobs? To help answer those questions, we Contracts” with private companies practice in Court in commercial law, civil should go back to our first question: is and important investors that guar- law, family law, criminal law, administra- the state’s legal framework important to anteed to the companies and pri- tive law, constitutional law and interna- promote private investments? The History vate investors that the legal and tax tional law. In addition to his legal practice of Michigan Law provides the perfect framework wouldn’t change during as a lawyer in Court, Mr. Parodi has been answer. Michigan’s economy expanded the pendency of their investment. an advisor to the highest levels of public with an industrializing and expanding Not even a newly enacted law could administration in the Peruvian Govern- change these ‘Law-Contracts.” America. The original legal framework of the state was based upon the legal ment including serving as a consultant to • The free tenure of foreign currency, framework of New York and New Eng- the Judicial System Reform Project financed which allowed the investors to make land. Similarly, Michigan law reflected by the United Nations Development Pro- profits from investments without the tradition of a dynamic jurisprudence gram (UNDP), the World Bank and the limitations. and a legal culture that was flexible and Interamerican Development Bank. He has • The establishment of an investment adaptable in the face of the new condi- also been an advisor to the Internal Affairs immigration policy that allowed for tions and circumstances. Ministry of Peru, an advisor to the Energy easier procedures to achieve immi- In that respect and learning from Committee of the Congress of Peru and an gration status for investors. history, Michigan’s economy expanded advisor to the Committee of International • The simplification of administrative because it had a legal environment that Relations of the Peruvian Congress. Mr. procedures in order to facilitate the supported the expansion of market Parodi is now a resident of Michigan. granting of licenses for new com- capitalism, rapid industrialization and panies. the expansion and diversification of its Notes • The reform of judicial power; and population. The early legal measures of encouragement of nonconventional the state also ensured the promotion of The History of Michigan Law dispute resolution forums, such as new immigrants to the state, irrespec- Edited by Paul Finkelman and Martin J. arbitration or mediation. tive of nationality or race. Without this, Hersock. the industrialization of Michigan would Ohio University Press, 2006. • The establishment of labor law facili- have failed. ties, and How Capitalism Saved America Michigan has a long legal tradi- Thomas J. DiLorenzo • Tax reform to make taxation easier tion, when compared to other states, in to understand and less complicated Published by Crown Forum, New York promoting the immigration of workers, New York, 2004. for investors. investors and new businesses. It is time All of these measures produced to re-discover those values and make the The Roaring Nineties. A New History of the dramatic changes in Peru’s economy in necessary legal changes to ensure that Most Prosperous Decade less than ten years, and resulted in the Michigan’s future is as bright as its past. Santillana Editores, 2003. country being one of the best opportuni- Opening up the state to new investors ties for private investment in the region. will make the difference, as it will not Mr. Parodi acknowledges the edits made to Today, Peru is quite different than it was only encourage new private investment, this article by Jeffrey F. Paulsen, Managing in the 1980s. The country’s establishment from wherever it comes, but it will also Member of Paulsen Law Firm PLLC based of a new legal framework was not the ensure the economic recovery of this in Bloomfield Hills, Michigan. only answer to fuel economic growth and beautiful state.  opportunities, but it removed the former

7   ichigan International Lawyer 

New Energy Policy: Michigan to be Next Beneficiary By Jeff Paulsen and John Monk

A New Energy Policy is now re- tal Protection Agency (EPA) on shaping Michigan’s future April 1, 2010; which regulates In 2010, while many people were these attributes of passenger cars still focused on the negative impact of and light-duty trucks for model 1 the stalled US Economy, Oil Spills and years 2012-2016. the recovery of the American auto indus- In his memorandum, President try, our most precious state jewel, this Obama requested that the additional Jeff Paulsen John Monk article will draw attention to how new coordinated steps be taken to produce a governmental energy policies have actu- new generation of clean vehicles: Government Bailout ally laid a new and promising economic • A new target of 20% reduction 3 framework for the State of Michigan. in greenhouse gases and an As a result of the $120 billion These new opportunities include not additional 25% fuel efficiency bail-out of the auto industry and the only technological advancements to utilizing existing technologies additional $27 billion of related new petroleum based vehicle propulsion energy awards provided by the U.S. De- that strengthen the industry and 4 systems, but also investments that are enhance job creation. partment of Energy (DOE), Michigan being made to accelerate the advance- is becoming the beneficiary of the new ment in alternative energy research and • Under the leadership of the EPA federal energy policies. As noted by the development. Whether one agrees with and the NHTSA, creation of a Center for Automotive Research (CAR), the direction of the new energy policies coordinated national program Michigan has received the majority of or not, we are now heading to a much to improve fuel efficiency and to DOE Recovery Act Awards related to greener world and Michigan is likely to reduce greenhouse gas emissions Electric Drive Vehicle Battery, Compo- be the next beneficiary. of passenger cars and light-duty nent Manufacturing, and Transportation trucks for model years 2017 Electrification Initiatives.5 Michigan through 2025. companies have also received billions Federal Policies and Efforts re- • A technical assessment leading of dollars through the DOE Advanced lated to Alternate Fuels to the deployment of new and Technology Vehicle Manufacturing Loan On May 21, 2010, President Obama emerging technologies, and in- program.6 issued the following Press Release: centives to encourage the devel- Under the American Recovery and opment and deployment of new Reinvestment Act of 2009 (ARRA), America has the opportunity to and emerging technologies that Congress approved an economic stimu- lead the world in the develop- should strengthen job creation lus package of up to $787 billion to create ment of a new generation of for the automotive manufactur- jobs, make infrastructure investments clean cars and trucks through ing base for advanced vehicle and to invest in energy efficiency and innovative technologies and technologies. science, in addition to other purposes manufacturing that will spur behind the Act.7 ARRA investments in • Development of our National economic growth, enhance energy total over $27 billion, and include infrastructure to seek further energy security and improve $3.1 billion for the State Energy Program promotion of cleaner fuels; our environment. We already to help states invest in energy efficiency including bio-fuels. have made significant strides and renewable energy, $2 billion for toward reducing greenhouse gas • Promotion of the deployment manufacturing of advanced car battery pollution and enhancing fuel of advanced technology vehicles systems and components, $400 million efficiency from motor vehicles by providing technical assistance for electric vehicle technologies, $300 with the joint rulemaking is- to cities by preparing them for million to acquire electric vehicles for sued by the National Highway deployment of electric vehicles, federal vehicle fleet (GSA), $110 million Traffic Safety Administration including plug-in hybrids and for the development of high efficiency ve- (NHTSA) and the Environmen- all-electric vehicles.2

8  Volume XXII, No. III, Fall 2010  hicles and $42 million in support of new dependence on foreign oil and foreign tions have helped force a whole new deployments of fuel cell technologies.8 technology.13 generation of vehicles to be developed Specifically, Michigan has partici- for the market place. pated in the DOE awards of $1.2 billion Facts related to Automotive in Battery Cell Manufacturing, $465 Industry CAFÉ million for Electric Drive Components, Currently, there are 65-70 million Since 2006, automotive manu- $254 million for Advanced Vehicle Elec- cars, trucks and buses produced globally facturers have been working under the trification, $235 million for Advanced every year.14 Of the nearly 250 million new, stringent CAFÉ guidelines that have Battery Supplier Development, $71mil- 19 vehicles and motorcycles now on U.S. been re-shaping the automotive sector. lion for Advanced Vehicles, $38 million roads,15 approximately 62% are depen- CAFE standards, first enacted by Con- for Advanced Drive Education, $32 mil- dent upon foreign oil to operate. As the gress in 1975, were intended to improve lion for Electric Drive Sub components, number of globally produced vehicles the average fuel economy of cars and $22 million for Transport and $9.5 mil- light trucks (trucks, vans and sport utility 9 continue to expand, it will become criti- lion for the recycling of Lithium. 20 cal that the United States find alternative vehicles) sold in the United States. By sources of vehicle propulsion as dimin- 2008, stringent CAFÉ reform was already Alternative Energy Companies in ishing petroleum supplies and rising underway, as manufacturers of gasoline Michigan prices will impact vehicle consumers in guzzling vehicles were required to change U.S.. For all western economies (North their behaviors.21 Under the CAFÉ re- Over the past 12 months, more America and Europe), the auto sector form, fuel standards were restructured so than three dozen alternative energy represents 4% of the combined Gross that they were to be based upon the mea- companies dedicated to clean energy Domestic Product (GDP).16 surement of a vehicle size “foot print”, 10 have begun operations in Michigam. Even before the global economic which multiplies the vehicle wheelbase Michigan Governor Granholm has crisis, the auto industry meltdown and by its width.22 However, these standards stated that an investment in clean energy the current Federal Government actions, have not been universally accepted. On is a path to create as many as 82,000 consumer behavior was radically chang- August 2, 2010, Governor Rick Perry and new jobs in Michigan over the next 10 ing and demanding more eco-friendly the State of Texas filed a petition in the 11 years. Nine small Michigan manufac- and fuel-efficient automobiles. In United States Court of Appeals for the turers recently qualified for $15 mil- 2008, before the economic crisis became District of Columbia Circuit to review lion in grants sponsored by the DOE. global, consumer automotive demand the final action of the EPA,23 claiming These companies included companies in the United States virtually stopped the Green House Gas Tailoring rules to preparing to make light weight casting as the price of gasoline reached $4.00 be arbitrary and capricious and contrary materials for use in windmills (which per gallon. For the first time ever, the to the Clean Air Act.24 would be the first new foundry built elasticity of the price of gasoline had in the U.S. in almost 40 years); a util- finally reached a breaking point for the New CAFE standards enacted ity company improving the efficiency consumer.17 in 2010 and performance of the electric grid; a Given the current U.S. Federal company manufacturing structural steel Government’s support for a new greener TheNational Highway Traffic Safety towers used to support commercial size economy, new vehicle designs are already Administration (NHTSA) regulates wind turbines; a company manufactur- responding to this challenge of an energy CAFE standards and the US Environ- ing wind turbine gears and gearboxes; efficient world. Automotive consumers mental Protection Agency (EPA) mea- a company manufacturing solar panels; will no longer be able to purchase large sures vehicle fuel efficiency.25 On April a company manufacturing biomass GM Hummers, and perhaps in the near 1, 2010, the EPA and NHTSA formally gasification power systems, a company future, Cross-Overs will completely re- agreed on a final ruling for CAFÉ stan- manufacturing PCB-free LED lighting place larger SUVs.18 No longer will the dards for the 2012-2016 period. In the panels, and a company manufacturing consumer accept Detroit’s large gasoline final ruling, there are different standards new energy efficient commercial win- guzzling vehicles. for passenger cars and light trucks. These dow framing.12 Governor Granholm This change in consumer thinking rulings combine miles per gallon targets believes that a push for clean energy and behavior has helped to force the de- and carbon dioxide (CO2) targets. In will not only help to rebuild Michigan’s velopment of an entirely new generation order to reach the Model Year 2016 fuel economy, but that it can also protect the of greener, fuel-efficient vehicles. Market economy standard, the fleet average fuel environment and enhance U.S. national demand coupled with the new Corporate economy for the United States needs to security by eliminating the country’s Average Fuel Economy (CAFÉ) regula- improve 4.3% per year from Model Year

9   ichigan International Lawyer 

2011 to Model Year 2016. By 2016, world to smaller cars and electric and in direct-injection and turbo charging passenger cars are expected to have a fuel hybrid vehicles.29 A market for small, (i.e. diesel) and we are now going to economy of 39 mpg, while the light truck lower cost cars is quickly emerging in the see these new improvements applied fuel economy will be around 30 mpg.26 United States, following Europe’s lead. to gasoline engines. As the automotive See CAFÉ examples below. Although the Electric Vehicle (EV) industry has expensive fixed investment Although progress is being made, as and Hybrid Vehicle (HEV) market is and infrastructure costs in place, the in- a nation, the United States has a much today less than 2.0% of the automotive ternal combustion engine will continue weaker fuel economy standard than those market, this segment is expected to grow to be re-invented and remain a significant of the European Union, Japan, China to approximately 9.8% of the automotive portion of the vehicle propulsion market. and other major countries of the world.28 sector by the year 2015.30 Typically, one Because of these factors, the gasoline- One of the clear impacts that these new would tend to ignore this small portion powered automobile is here to stay, at mandated fuel economy standards will of the overall automotive market, howev- least for the immediate future.32 have is that Americans will be driving er, a 10% penetration of the automotive To achieve a 400-mile range, which smaller vehicles. market with electric vehicle and hybrid is equivalent to a tank of gasoline, the vehicles within a few short years, is about cost of a battery to power the vehicle to re-shape the entire automotive sector. is currently about $30,000.33 This cost But can Americans Learn to Love New vehicle propulsion technology can is for the lithium battery alone, and Small Cars? be summarized in the table below. does not include the cost of the vehicle. Smaller vehicles have often been A recent study concluded that the This is a huge cost hurdle to overcome. regarded by American car drivers as the internal combustion engine will con- However, in a few short years, it is ex- poor man’s vehicle. It is our belief that tinue to be optimized and will be the pected that lithium battery cost will fall the future of the automotive industry mainstream automotive power train nearly 60%.34 With increased consumer now depends upon the small car. There for several decades ahead. Engineering demand and continued government will continue to be a shift around the advancements have made great strides subsidies, falling prices will make the electric vehicles more appealing to the CAFÉ EXAMPLES 27 general public. Vehicle Footprint MY2010 fuel MY2016 fuel Although the hybrid series (gaso- economy economy line engine with electric) market will Ford Fusion 46 sq. ft 25 mpg (39 for 37.1 mpg continue to grow and will be a majority hybrid) of this new upcoming electric segment, Ford Escape 4WD 44 sq. ft 22 mpg 32.9 mpg most automotive analysts and industry Toyota Sienna 55 sq. ft 19 mpg (18 mpg 28.2 mpg experts believe the hybrid solution carries 4wd) too many parts, adding excessive vehicle JD POWERS -2010 complexity and costs to be sustainable.35 Many analysts and engineers view 31 Alternative Propulsion Systems hydrogen engines as an interesting solution. However, in an effort to prioritize Conventional Technology Example research, development and current capital demands, hydrogen technology HEV (Parallel Hybrid) Ford -Hybrid Escape is currently being placed on the back Bio Fuels Non -Food Cellulose burner and on hold.36 Dr. David Cole of the Center of Au- CNG Compressed Nature Gas tomotive Research has recently suggested that non-food cellulose is one of the best Novel Technology Example conventional solutions to our current dependence on gasoline. As the internal PHEV (Series Hybrid) Plug-in Chevy Volt combustion engine is here to stay, the BEV Battery Only-Nissan Leaf automotive industry needs a good vi- FCV Fuel Cells able alternative for our current oil based petroleum obsession. Non-food cellulose (i.e. algae and garbage) has tremendous autoPOLIS -2010 energy offerings and would be consistent

10  Volume XXII, No. III, Fall 2010  with Green World offerings. It is esti- This is good news for the automotive the Chinese Government allocated 130 mated that a gallon of non-food cellulose industry. million US dollars for electric vehicle can be produced today at $1.50 per gallon; projects and an additional 147 million suggesting it could easily be an answer to US dollars for research and development We are in the midst of gasoline at today’s gasoline market price. by local governments, enterprises, insti- a Global Race While lowering petroleum consumption tutes and universities. For China’s 11th and carbon footprints, non-food cellulose Since Henry Ford and Alfred five-year plan (2006-2010), the Chinese is also a potential international solution Sloan at the beginning of the 20th cen- Government has increased its financial as it could be easily produced in any part tury, America has led the automotive allocation for electric vehicle projects as of the world. Certainly, as the automo- and manufacturing sectors of the world. it sees electric vehicles as an important tive industry enters a new greener world, However, in 2009, China surpassed the growing market segment. China is invest- the debate will continue as to the correct United States in light vehicle sales by ing heavily into these new technologies 39 technology for America’s future.37 Today, nearly 3 million units. Considering the and it wants to win a strategic controlling many are concerned that the United States current Chinese government subsidies on position in the automotive industry and economy will revert to recession, and that small cars, electric and hybrid vehicles, these new green technologies.40 These these new green initiatives will be stalled. the United States has had a rude awak- investments have put China in a good ening to global competition in this new position to be the leader of the electronic green automotive market. vehicle market in the world. According Fear of Double Dip Recession- China’s central government has to Roland Berger estimates,41 the hybrid Highly Unlikely played a critical role in the development electric vehicles and electric vehicle Disappointing data recently re- of their electric vehicle sector. China’s power train components industry will leased38 in the United States relating first major effort to encourage research be a $26-64 billion per year business. A to jobs, retail sales and housing have and development of electric vehicles recent study by Autopolis suggests that began in the early 2000’s and during the revived new fears of a double-dip reces- Asia will lead the automotive industry period of China’s 10th five-year plan, with sion. Yet, the recent economic news from worldwide with electric vehicles and the inclusion of electric vehicle technol- elsewhere, even the European zone, has hybrid electric vehicles, unless other ogy under the country’s “863” program. been better than expected, and fiscal countries increase their own investments The genesis of the “863” name is derived 42 and monetary policy in most countries and get into the competition. Another from letters sent by Chinese Scientists remains supportive of economic growth. study, issued in August 2010, reported to the Chinese Government on March Although another global slowdown that China’s Central Government will 3, 1986, appealing for support in help- looks inevitable, relapse into recession consider proposals that could lead to the ing the country’s high tech sector catch is unlikely. country being the world’s largest market up with the rest of the world. During for alternative energy vehicles by 2020.43 China’s 10th five-year plan (2001-2005), Surely a worldwide automotive technology race has begun and Asia is already ahead. Of the Chinese manufacturers, BYD is thought to be the frontrunner in electric vehicle development. BYD saw its sales of electric vehicles double in 2009 and they expect another sales growth of 80% in 2010. Although these numbers are impressive, so far, most electric vehicle sales have been limited to public transportation, including buses, taxis and institutional internal use; and not to private individuals. In addition, BYD has delayed its launch of a pure electric vehicle offering several times.44 The Chi- nese Government however has indicated that it expects the Chinese electric vehicle market to expand to 147 billion U.S.

11   ichigan International Lawyer  dollars by 2020. However, just as in the tive industry and the reforms of CAFÉ rently the Managing Member of Paulsen United States, the higher price of the cur- standards have forced Michigan based Law Firm, PLLC based in Bloomfield rent electric vehicle offerings in China is automotive companies to consider Hills, Michigan. He also currently serves as a huge hurdle. The Chinese Government new alternatives to vehicle propulsion the Secretary of the State Bar of Michigan support is still needed to offset these costs and to consider ways to improve upon International Law Section. He can be to encourage consumer acceptance of the existing and soon to be even tougher reached at [email protected] or at electric vehicle.45 fuel efficiency and emissions standards. (248) 456-0646. While we are in the midst of a Many opportunities exist for those will- Jeff received his Bachelor of Arts in global race to determine which country ing to adjust to the new Federal and Economics from the University of Michi- or countries will become the leaders of State regulations calling for more fuel gan-Ann Arbor and his Juris Doctor from electric vehicle technology and sales, it efficient and environmental friendly Michigan State University Law School. has still not been determined whether vehicles. Companies that are willing to China, the United States, or other coun- invest in engineering and inventive game John F. Monk is a Managing Partner tries will ultimately prevail. China has a changing technology, and that embrace with autoPOLIS a UK strategy & change number of advantages that will facilitate these green changes, are poised to suc- consultancy firm specializing with the its development of electric vehicles. ceed. There are even opportunities for automotive and manufacturing sectors. It These advantages include a) significant Michigan based companies to consider provides market based analysis, strategy natural resources, especially rare earth collaboration with Chinese companies and advisory support for M&A to industry, and neodymium, which are key materials that are also interested in the new green governments and financial institutions. Its for manufacturing permanent magnets technologies of electric vehicles. partners –directors and analysts are former for electric vehicle core components and Time will tell what companies and Booz Allen Hamilton, Boston Consulting, significant lithium reserves for Li-ion what countries of the world will ultimate- Fiat and Renault. The firm is headquar- batteries, b) production cost advantages, ly prevail in the race to embrace green tered in London, and has offices in Detroit, c) a market size of over 1.4 billion people changes. Because of the changes already New York, Paris, Melbourne-Australia, that if penetrated will achieve significant occurring, Michigan has an opportunity Istanbul-Turkey and Hong Kong. production economies of scale, d) the to be one of the top beneficiaries of the John has twenty-five years with the governmental ability to mobilize natural new governmental energy policies and international automotive sector and resources, e) an easier consumer adapta- of the worldwide green competition that specializes with emerging technologies, tion to the new technology as gasoline has already begun. The time to get into policy and risk mitigations. Previously, propulsion systems have not yet penetrat- the global race to win the new vehicle served as Executive Director of Business ed the consumer market to a significant propulsion alternatives and the automo- Strategy and R&D for ASC Incorporated,  extent and f) a similar starting point with tive industry future is now. Renault and CITIC (China’s high profile 46 other countries in battery technology. investment group). He is a graduate of China also has a number of significant About the Authors Wayne State University and Central disadvantages it must overcome to win Michigan University with a Masters in the race for the electric vehicle market. Jeffrey F. Paulsen has over 25 years Business Administration. Also, serves as China trails the United States and other of experience as an international busi- a member of the advisory board for the countries in core automotive technolo- ness lawyer. He is a former Corporate Economist Conferences (EIU-Economist gies such as power train control, electric Counsel of Allied Domecq PLC, a FTSE Intelligence Unit) and is frequently drive motors and batteries. It also faces 100 company, a former General Counsel interviewed by the press /media. competition among Chinese Federal of a division of Brunswick Corporation, Government ministries over ultimate a Fortune 500 company, and a former control of the automotive industry. In ad- partner of an AMLAW 200 law firm. He Endnotes dition the Chinese conservative approach represents businesses and individuals on a 1. Memorandum to Sec’y of Transp., to investing in innovative technologies wide variety of business transactions, and Sec’y of Energy, Adm’r of the Envtl. and potential environmental issues are his experience includes counseling domestic Prot. Agency, Adm’r of the Nat’l 47 other disadvantages. and international based clients as well as Highway Traffic Safety Admin. (May drafting, negotiating and documenting 21, 2010), available at http://www. mergers and acquisitions, joint ventures, nhtsa.gov/staticfiles/rulemaking/pdf/ Green Opportunities for Michigan supplier and distributor arrangements and cafe/2017-Memorandum_05212010. Automotive Businesses various other business agreements, for both pdf. The globalization of the automo- public and private companies. Jeff is cur- 2. Id.

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3. Joseph Szczesny, Battered Auto 14. Autopolis, www.autopolis.com. Intelligence Unit, (Aug. 26, 2010), Suppliers Eye Better Times, The 15. Editorial, Beyond the theatrics, how to www.eiu.com. Oakland Press, (Jan. 12, rate Obama on oil spill response, USA 2010), available at http://oesa. 30.John Monk, Presentation to State Bar Today, June 16, 2010. org/publications/articledetail. Int’l Law Section Volume XXII, No php?articleId=20600. 16. John Monk, Autopolis, 1, January 27, 2010. Copies available www:autopolis.com 4. Statement of Matt Rodgers before upon request. 17. Id. the Committee on Ways and Means 31. Id. US House of Representatives, Putting 18. Id.19. CAFÉ- Fuel Economy, Americans to Work, Building a Clean National Highway Traffic Safety 32. John Monk, www.autopolis.com. Energy Economy and Reducing our Administration, www.nhtsa.gov/ 33. Id. Dependency on Oil, (Apr. 14, 2010) fuel-economy. U.S. Department of Energy 34. Id. 20. Corporate Average Fuel Economy, available at www.congressional.energy. 35. Interview with David Cole by John gov/documents/Final_Testimony(6). National Highway Traffic Safety Monk (July 2010). pdf. Administration, www.nhtsa.gov/ fuel-economy. 5. Gas, Diesel and Hybrid Tech. Pathways 36. John Monk, www.autopolis.com. 21. Michael Omotoso, JD Powers- 2010, for Achieving Cost Effective Fuel Econ., 37. Supra note 35. Ctr. for Auto. Research, (June 2010), (July 7, 2010), www.jdpowers.com. AUTOMOTIVE Community 22. Id. 38. Ward, supra note 29. Partnership, http://www.cargroup. 23. Prevention of Significant 39. Supra, note 30. org/pdfs/June.pdf Deterioration and Title V Greenhouse 40. Long Nanyao, In A State Of 6. Id. Gas Tailoring, 75 Fed. Reg. 31,514 Flux:Electric Car Sector In China, (June 3, 2010) (to be codified at 40 7. American Recovery and Reinvestment Inter-China Consulting, Act of 2009: Oversight Challenges C.F.R. pt. 51, 52, 70, at al.) (June 2010) http://www. Facing The Dep’t of Transp., Dep’t 24. Southern Legal Foundation v. U.S. interchinaconsulting.com/files/ of TransP. Report No. MH-2009- Envtl. Prot. Agency, No. 10-1222 046. (March 31, 2009) http://www. (D.C. Cir. filed Sept. 15, 2010). interchina_report_-_electric_car_ recovery.gov/News/press/Documents/ sector_in_china_20100608_1.pdf 25. Corporate Average Fuel Economy, DOT_Oversight_Challenges_ National Highway Traffic Safety 41. Nanyao at 4, discussing Roland Berger Report_final_508.pdf. Administration, www.nhtsa.gov/ estimates. 8. Breakdown of Funding, U.S. Dep’t fuel-economy. of Energy, http://www.energy.gov/ 42. John Monk, www.autopolis.com Establish Light-Duty Vehicle Greenhouse recovery/breakdown.htm. 26. Gas Emission Standards and CAFE 43. China to Consider Alternative Energy 9. Gas, Diesel and Hybrid Tech., supra, Standards National Highway Vehicle Proposals, The Engineer, note 5. Traffic Safety Administration, (August 12, 2010) http://www. 10. Joseph Szczesny, Clean Energy www.nhtsa.gov/fuel-economy. theenginer.co.uk/policy-and- Companies Creating Jobs in Mich., The 27. Omotoso, supra note 21. business/business-briefs/china-to- Oakland Press, June 25, 2010. 28. Leigh Phillips, Obama Fuel Standards consider-alternative-energy-vehicle- 11. Id. Lag Behind EU Effort, EU Observer, proposals/1004288.article 12. Mich. Recovery and Reinvestment (May 21, 2009), http://euobserver. 45. Id. Opportunities, www. com/885/28171. 46. Id. MichiganAdvantage.org. 29. Robert Ward, No Double Dip Recession, 13. Supra, note 10. The Economist: Economist 47. Id.

13   ichigan International Lawyer 

A Practitioner’s Primer on Consular Notification of Arrest or Detainment of Foreign Nationals in Michigan By Paul J. Carrier, Associate Professor of Law, Thomas M. Cooley Law School

The legal requirements concerning liberal focus on constitutions (and stat- legitimacy (and aid) consular notification of arrest, or deten- utes) as living and breathing documents from some of the tion of foreign nationals, fall into a grey that permit expansion in changing times established major area between federal and state realms of by judicial interpretation rather than by powers of the age. A authority, which is further complicated constitutional or legislative amendment, self-interested, posi- by conflict over which of the execu- and the expanding recognition of indi- tivist approach dur- tive, legislative and judicial branches of vidual rights by judicial interpretation ing the early stages government has ultimate authority over rather than by changes of law in areas of of national devel- Paul J. Carrier criminal proceedings (and due process) substantive and procedural due process opment would not involving the citizens of other nations, (including habeas corpus), human rights, have been prudent. i.e., whether the question is one of in- and similar. Moreover, the two primary Moreover, there were no codified legal ternational relations or of international theories regarding the nature of interna- standards for protection of diplomats at law. The evolving international terrorist tional law demonstrate the same logic. that time. Thus, the federal government threat, recent catastrophic natural di- Positivist theory stems from a belief in the adopted the international common law; sasters in places such as Haiti, obdurate primacy of sovereignty and of a binding so too the several states of the federa- regional conflicts in places like the Sudan, undertaking only by clearly manifested tion inherited customary international the facility of international travel, and choice (by treaty or by development of law standards.3 This international law mercurial changes in the technologies customary international law).1 Natural focused on the rights of nations vis-à- of communication, are but a few factors law theory asserts that certain interna- vis their rights and duties with regard calling for an assessment of long-standing tional rules develop out of a moral im- to the citizens of other nations rather traditions regarding the protection of perative and not by sovereign agreement, than on the rights of the individual. The foreign nationals who are arrested or such as the duty to honor agreements players in customary international law detained in this country. The purpose once made and even the freedom of all were nations; individual rights derived of this article is to briefly describe the to use the High Seas.2 from the respective sovereign charged development of law and practice in this with protecting the citizen.4 In an early area, both internationally and nationally, case, diplomatic protection extended to Historical Development of Interna- as well as to highlight some of the pri- members of an official legation as well as tional Criminal Law, Enforcement, mary controversies in this area of law and to consuls under the auspices of a com- and the Consular Protections in practice, and to identify best practices for mission by the sovereign (in this case, the United States – in Brief 5 state and local authorities until a better the King of France). The clear focus standard is developed. The United States inherited was respect of rights derived from the Predictably, and from a national its initial rules on criminal law and on sovereign, not those of the individual. perspective, cases and scholarship ad- international diplomacy at its founding, In the 20th century, which is im- dressing consular notification, due which was a time when it was seeking not portantly when the Vienna Convention process in criminal procedure, and ha- only international validation, but also on Diplomatic and Consular Relations beas corpus, fall readily into two familiar assistance as an independent nation free treaty was signed, positivist legal theory categories. First is the conservative view of control by Great Britain. Due to its held sway.6 Positivist theory and its focus of supremacy of national sovereignty in relative weakness, this country’s position on the supremacy of sovereign author- international relations, strict interpre- in international affairs ran along the lines ity generally required that international tation of constitutional and statutory of natural law, with its moral imperatives criminal law to be treated as declaratory language to the narrow intent of draft- and lack of written (treaty) standards. In only, and that states parties to any such ers and framers, and a clear separation fact, the country’s diplomatic missions agreements retained the sovereign right of powers between the various branches began during the Revolution before it to ratify treaties, implement legislation of government, particularly to avoid the was clear that the United States was in necessary to honor international obli- creeping expansion of law and practice by fact a recognized state under interna- gations, and to determine and impose 7 judicial legislation. Second is the more tional law, and while it was still seeking punishment.

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The Vienna Convention on relating to nationals of the send- on behalf of a national Consular Relations8 ing State: who is in prison, custody The VCCR is intended to be a (a) consular officers shall be or detention if he expressly restatement of developed customary free to communicate with opposes such action. international law, not the creation of nationals of the sending 9 1. The rights referred to any new obligation. Despite a growing State and to have access in paragraph 1 of this trend toward positivist (or “legitimist”) to them. Nationals of the article shall be exercised sending State shall have interpretation, it is hard to overlook the in conformity with the the same freedom with fact that the title concerns consular rela- laws and regulations respect to communica- tions, not individual rights. Moreover, of the receiving State, tion with and access to the VCCR makes clear at the very begin- subject to the proviso, consular officers of the ning that the purpose of the privileges however, that the said and immunities contained therein “… sending State; laws and regulations is not to benefit individuals but to ensure if he so requests, the com- must enable full ef- the efficient performance of functions by (b) petent authorities of the re- fect to be given to the consular posts on behalf of their respec- ceiving State shall, without purpose for which the tive States (emphasis added).”10 delay, inform the consular rights accorded under Article 5 of this Convention in- post of the sending State if, this article are intend- cludes provision for assistance to a State’s within its consular district, ed. (emphasis added)”12 nationals in the case of dealings with an national of that State government authorities: The highlighted language is unique is arrested or committed to in that it is the only language that may “(i) subject to the practices and prison or to custody pend- be construed as recognizing a private procedures obtaining in the receiving trial or is detained in right in the individual. Moreover, the ing State, representing or arrang- any other manner. Any initial language of Article 36 makes clear ing appropriate representation communication addressed that the purpose is to facilitate consular for nationals of a sending State to the consular post by functions. Review of the VCCR in its before the tribunals and other the person arrested, in entirety makes clear its primary, and authorities of the receiving State, prison, custody or deten- perhaps exclusive, purpose of sanctify- for the purpose of obtaining, tion shall be forwarded by ing by treaty the body of diplomatic in accordance with the laws of said authorities without customary law allowing sovereigns to the receiving State, provisional delay. The said authorities advocate on behalf of and to protect their measures for the preservation shall inform the person citizens abroad. A teleological approach of rights and interests of these concerned without delay (similarly described in varying sources as nationals, where, because of of his rights under this ‘conservative’ or ‘positivist’) would limit absence or any other reason, paragraph; the right to the State, as represented by such nationals are unable at its official agents. A dynamic approach the proper time to assume the (c) consular officers shall have (also aptly described as ‘liberal’ or ‘natural defence of their rights and inter- the right to visit a national law-based’) would expand this provision ests…(emphasis added)”11 of the sending State who is in prison, custody or to create an independent right in foreign What is clear in the above-quoted lan- detention, to converse nationals.13 guage is the primacy of local law and not and correspond with him some international standard. Noticeably and to arrange for his legal Examples of Specific Standards lacking is language of any private right in representation. They shall for Consular Notification the foreign nationals as individuals. There also have the right to visit is, however, a small toe-hold with regard any national of the send- There are a handful of standards to an individualized right to some level ing State who is in prison, regarding consular notification at the of due process. custody or detention in federal, state and local levels. Standards Article 36 sets out the right of access their district in pursuance are likely exist at state and local levels to nationals. It provides: of a judgment. Neverthe- that are part of administrative policy, 1. With a view to facilitating the less, consular officers shall and it is far from clear that there are not exercise of consular functions refrain from taking action similar standards regulating the behavior

15   ichigan International Lawyer  of certain federal agencies as well, in light nationals of their right to consular no- state of current or former citizenship.26 of the limited number of federal agencies tification at the detainee’s option, and Additionally, the Department of Correc- for which published guidelines are readily in cases where a foreign national would tions must provide a list of all inmates located. A brief review of at least some of decline any notification, the fact that no- who are citizens of a foreign nation on what exists is in order. tification is required by special bi-lateral request by an embassy or consulate where treaty.17 This is followed by notification that embassy or consulate’s country has to the nearest U.S. Attorney, including entered into a mandatory-notification State Department Guidelines on Consular 27 Notification a detained foreign national’s declension treaty with the United States. Oregon of the right.18 The U.S. Attorney then requires the Board of Safety Standards The United States Department of notifies the appropriate embassy or con- and Training to ensure that police officers 14 State (State Department) is charged sulate unless the foreign national does and reserve safety officers understand with assisting the executive branch in its not wish it and it involves a country for the requirements of the VCCR.28 While dealings with other nations. In regard which mandatory consular notification it directs peace officers to inform a de- to treatment of arrested and detained is not required.19 The federal regulation tained foreign national of the right to foreign nationals, the State Department also specifically carves out of its coverage communicate with a consular official,29 has issued a set of Guidelines outlining administrative expulsion or exclusion the statute makes clear that such officers the requirements (or at least the ‘best proceedings conducted by the BICE.20 are not civilly or criminally liable for a practices’) for US adherence to the Standards for BICE also provide for failure in such regard, nor would such VCCR (hereafter “State Department consular notification.21 Comparison with failure constitute grounds for exclusion Consular Notification Guidelines” or the DOJ and BICE regulations highlight of otherwise admissible evidence.30 “Guidelines”).15 The Guidelines require the highly specialized functioning of lat- notification of arrested or detained ter, which may detain, release, or expel. foreign nationals of their right to have Local Authorities Presumably, the differences preserve consular officials notified, and that the the ability to expel or release prior to a There would appear to be consular nearest consulate officials must be noti- prosecution. Apparently, there is also a notification standards, policies or guide- fied in cases where there is a bi-lateral set of military regulations or policies.22 lines generated by national accreditation treaty requiring same. The Guidelines Differing standards, some of which are bodies such as the Commission on Ac- further call for consular access and the published and readily available, some of creditation for Law Enforcement Agen- right to assist. This applies as well in cases which are not, is an issue addressed infra. cies, and therefore of certain major city of death (where notification is required), and state police departments which are guardianship or trusteeship in cases of accredited by or seeking accreditation minority or mental infirmity, and ship States from this agency.31 Consideration of or aircraft wrecks or crashes of foreign Apparently, three states have codified these standards is beyond the scope of vessels. Mandatory notification countries their own consular notifications obliga- this article, but noteworthy is the fact are listed and suggested statements for tions. These are Florida, California, and that other standards, whether circulated optional and mandatory notification are Oregon. Originally, Florida required and available or not, may exist. These provided, as well as a suggested fax sheet consular notification to the nearest con- in turn could provide some guidance for notification, answers to frequently sulate and failing that, to the nation’s for other jurisdictions wishing to adopt asked questions on issues such as the embassy in Washington, D.C. but has their own standards, and as to sup- definitions of a consular officer, foreign always provided that a failure would not port advocacy of a more direct federal nationals (and illegal aliens) and similar, justify a defense in any criminal pro- standard. Michigan, like the majority a brief legal overview, important treaties ceeding nor a cause for discharge from of other states, appears to rely on the and lists of treaties, and the addresses custody.23 California passed legislation State Department Consular Notification and contact information for embassy and on consular notification in 1999 which Guidelines. consular offices. adopted the State Department guidelines Federal Bodies and also repeats the mandatory language Important International, Federal The Department of Justice and the of notification found in the VCCR.24 and State Judicial Pronounce- Bureau of Immigration and Customs The Department of Corrections and ments on Consular Notification Enforcement (BICE, which was for- Rehabilitation is further directed to merly the INS) have adopted their own inform entering inmates of the right A detailed analysis of the legal wran- standards.16 The Department of Justice not only to consular notification,25 but gling over consular notification require- requires notification to detained foreign also of a right to be transferred to the ments is beyond the scope of this article.

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Nevertheless, some treatment of recent pronouncement on rights, however, was treaty law is on parity with an Act of Con- international and federal cases is appro- avoided in light of a US commitment to gress, not above it, such that subsequent priate to set out the parameters of the review and reconsider convictions and national legislation may interpret or nar- VCCR Art. 36(1) & (2) obligations in sentences under certain circumstances.38 row treaty law.46 The Court also noted that US courts. Because treaty interpretation The US commitment also persuaded the error, if any, based on VCCR Art. 36 is involved, case law in this area may be the majority of the Court to leave for was unlikely to result in an overturning found from the federal system but not as another time whether the duty to notify of the final judgment in light of other commonly in the states’ judicial systems detainees is a human right in addition to evidence (i.e., harmless error).47 (though a handful have passed legisla- an individual right.39 tion or sub-state administrative bodies Sanchez-Llamas v. Oregon48 have generated policy guidelines). The Avena and Other Mexican Nationals The majority inSanchez-Llamas rec- default appears to be adherence to the (Mexico v. U.S.)40 ognized that federal courts do not have State Department Consular Notification supervisory authority over state courts ex- In this case also involving death row Guidelines and, in cases where there state cept to “correct wrongs of constitutional inmates, the International Court of Jus- statutes involved, the state position tracks dimension.”49 Whereas judicial remedies closely the federal standards, particularly tice basically reiterated the basic rulings if any must be provided for in a treaty that a violation of the notification duty of its LaGrand decision. The Court did itself in order for the federal judiciary does not constitute reversible error, and find, however, that the U.S. had failed to require adherence by state courts, the even that such failure does not justify to effectively remedy its violations as re- 41 majority ruled that it could not alter or criminal charges. quired by international law. The Court amend treaties to recognize some right affirmed the State right to craft remedies or remedy not within their terms.50 Ac- under its own laws.42 In doing so, the International Court of Justice cordingly, the right to have a conviction Court took into consideration certain US for murder set aside for the alleged failure LaGrand (Germany v. United States)32 steps such as attempts at executive clem- of the state courts of Oregon of the Art. ency and the distribution of pamphlets In LaGrand, the majority of Justices 36(1) to notify the defendant of the right informing about Art. 36 rights, which on the International Court of Justice to have his consulate contacted did not it characterized as being in good faith, noted the United States’ acknowledge- fall under the Art. 36(2) requirement but it ultimately ruled that the US had ment of the failure to notify two brothers of a signatory to enable the full effect had committed Art. 36 violations in a of the purposes for which treaty rights arrested and detained for alleged capital 43 number of cases. The Court basically 51 crimes,33 and ruled over U.S. objections were intended. affirmed its Avena judgment in Request that VCCR Art. 36(1) created a right for Interpretation of the Judgment of 31 Medellin v. Texas52 in individuals (foreign nationals).34 The March 2004 in the Case Concerning Avena majority further ruled that VCCR Art. Most important from this Supreme and Other Mexican Nationals (Mexico v 36(2) did indeed indicate priority for Court case is the ruling that the VCCR is United States).44 national rules, but that the relevant pro- not a self-executing treaty.53 Additionally, cedural default rule (failure to preserve the Executive does not have the power to argument for appeal) failed to give full United States (Federal) convert a non-self-executing treaty into a effect given the purposes of Art. 3635 in self-executing, that is, a treaty which be- Breard v. Gilmore45 that Germany may have been able to as- comes binding at signature without any sist in preventing the death penalty had A Paraguayan national was charged ratification or local implementation.54 it been timely notified, as well had the with rape and capital murder, convicted, LaGrands (two brothers) been provided and sentenced to execution. The Supreme Conclusion notification of the right to contact the Court in a per curiam opinion denied a consulate. Further, the United States petition for writ of habeas corpus, leave The International Court of Justice was found to have violated Article 91 of to file a bill of complaint, petitions for has stopped just short of identifying the the United Nations Charter and Article certiorari and a say of applications re- right of an arrested or detained foreign 41 of the Statutes of the International quested by Breard and Paraguay. In the national to consular notification as a Court of Justice for failing to suspect per curiam opinion, the Court ruled that human right, although it has recognized legal proceedings despite an order by the the procedural rules of a State governs this as an individual right requiring a ICJ on provisional measures.36 Finally, the implementation of treaty law such remedy pursuant to VCCR Art. 36(1). a US apology to Germany was insuffi- as the VCCR, which permits rules on Important to note is that the ICJ has cient to remedy the violations.37 Further procedural default, and that international left to the signatory States the ability to

17   ichigan International Lawyer  determine the remedy under national the U.S. may receive kudos for taking Treaties: A Synthesis of International (or even sub-national) law so long as it the moral high ground in recognizing a Relations Theory and International comports with the somewhat vague re- human/constitutional right to notifica- Law, 37 Harv. Int’l L. J. 139, 156- quirement in VCCR Art. 36(2) that the tion in favor of foreign nationals, it may 158 (1996). remedy ensures ‘full effect’ to the rights also lose a bargaining tool for encourag- 2 Professor Setear points to the contained in the treaty. The United States ing other nations to improve their own “legitimacy theory” of Thomas in its federal courts has agreed that the human rights records. Second, there are Franck, which bears all of the Art. 36(1) right to be notified about the separation of powers considerations at hallmarks of ‘natural law’ theory. See right to consular notification belongs issue too complicated to address here. id., pp. 162-163. to an individual, and that a remedy Third, even the costs of prosecution and 3 Respublica v. De Longchamps, 1 U.S. for violations is appropriate. However, administration could prove insupport- 111 at 116 (1784). the federal and state systems have sole able were federal authorities, and those 4 A particularly informative example responsibility for determining the rem- of the states derivatively, not able to of customary international law edy. This is asserted on two main bases. expel prior to the attachment of consti- as national law is the treatment First, the treaty is non-self-executing and tutionally-based due process rights. It is of private fishing vessels during requires specific implementation, and argued that the members to the VCCR wartime. Customary international it therefore possesses no more value as intended its terms to be opaque enough law developed on a nation-to-nation precedent than federal legislation. This to provide some diplomatic bargaining basis where states held the rights and exercised them on behalf of their can be read to announce that the Art. space. It is further argued that the proper citizens. See The Paquette Habana, venue for changes is amendment of the 36(1) right to be notified of the right to 175 US 677, 686-713 (1900). The have one’s consulate notified does not rise VCCR in that it respects the rights and Confederated States sent delegates to the level of a constitutional right (for the needs of all branches of US govern- to France, for example, to deal with US purposes) or of a human right (for ment as intended by the Constitution. In international uproar over seizure purposes of various international declara- other words, to preserve the separation of of naval vessels, see, e.g., Ingrid tions and conventions to which the U.S. powers (between branches, and between Brunk Wuerth, International Law is a party). Second, state courts as well are the federal government and the several and Constitutional Interpretation: empowered to determine their own rules states), as well as the executive branch’s The Commander in Chief Clause on matters such as procedural due process right to use the inducement of reciproc- Reconsidered, 106 Mich. j. int’l l. and are subject only to supervision by ity in foreign relations, a conservative or 61, pp. 86-87 (2007), even before statehood was officially recognized. the federal courts in cases of error of a positivist approach is recommended. In constitutional dimension. the absence then of any clear standard, 5 Respublica, supra n. 3, p. 115. What is clear is that law and prac- which appears to be the current state of 6 See Setear, supra n. 1, pp. 156-158. affairs, the safest course is to adhere to the tice concerning Art. 36(1) & (2) is still 7 See Jordan J. Paust et al., within the realm of diplomacy, assuring State Department Consular Notification International Criminal law: involvement if not supremacy of the Guidelines, while recognizing the limita- Cases and Materials, Ch. 1, p. executive and legislative branches as well tions in cases which fail to comply.  10 (3d ed. 2007). While preference as that of the judicial branches. This will was for national control over crime remain true until the VCCR is amended About the Author and punishment in international law to provide that, or another treaty clearly during the positivist era, worthy of Paul J. Carrier provides that, these rights rise to the is an Associate Pro- note the requirement that nations level of a ‘constitutional’ or a ‘human fessor of Law at Thomas M. Cooley Law indict, or else they must extradite, Id rights’ right. The VCCR is not self- School. He teaches several international international criminals. . (citing renowned natural law theorist Hugo executing, and state courts, in addition law courses and property law, and he co- coaches Cooley’s Jessup International Moot Grotius, De Jure Belli ac Pacis, to federal ones, are free to determine Bk. II, Chp. XXI, §§ III 8 IV (1624). Court Competition teams. the implementation of the rights and Indicative of this is the fact that there remedies within the (arguably) vague were no international punishment parameters of a treaty signed in 1963. Endnotes regimes until certain ad hoc tribunals Even the federal executive may not uni- 1 The law of treaties has always focused such as the international criminal laterally interpret VCCR on consent, i.e., on positivism, and tribunals of Nuremburg and Tokyo It is important to weigh the potential this is true of the Vienna Convention were established. Id., p. 11. costs of judicial activism in this sensitive on the Law of Treaties. See John K. 8 Vienna Convention on Consular area of law and diplomacy. First, while Setear, An Iterative Perspective on Relations, Apr. 24, 1963, 21 U.S.T.

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77, 596 U.N.T.S. 261 (hereafter agreements that are non-self- 22 Web citation to a book or pamphlet “VCCR” or “Convention”). executing. See id., art. I, cl. 8. entitled Consular Protections of 9 The Convention begins by 15 See http://travel.state.gov/law/ Foreign Nationals Subject to the recognizing the fact that “… consular consular/consular_753.html (last Uniform Code of Military Justice is cited in Consular Notification, supra relations have been established since checked on April 11, 2010). ancient times.” See id., Preamble to n. 16. 16 A significant amount of information the Vienna Convention on Consular 23 Fla. Stat. Ann. §901.26 (Westlaw exists on the web, see, e.g., http:// Relations. 2010). Review of the legislative users.xplornet.com/~mwarren/ and history indicates that Florida acted 10 Id. especially the sixth document found after signature but before the United at that website, http://users.xplornet. 11 Id., Art. 5. States ratified the VCCR, and com/~mwarren/compliance.htm that its primary simplification was 12 Id, Art. 36. (hereafter “Consular Notification”) undertaken in 2001. 13 See generally John Quigley, “If You (last checked on April 1, 2010). Are Not a United States Citizen…”: Also quite helpful is the information 24 The statute requires adherence to the International Requirements in the provided on the web by the U.S. procedures set out in the Department Arrest of Foreigners, 6 Ohio st. j. State Department. See http://travel. of State Guidelines Regarding Foreign crim. l. 661 (2009); Brittany P. state.gov/law/consular/consular_737. Nationals Arrested or Detained in Whitesell, Diamond in the Rough: html (last checked on April 11, the United States, see supra n. 16, and Mining Article 36(1)(B) of the Vienna 2010). It will be recommended it also sets out the nations for which Convention on Consular Relations for infra that the standards advocated notification is mandatory pursuant an Individual Right to Due Process, 54 by the State Department be used by to the terms of a bilateral treaty. Cal. Duke L. J. 587 (2004); Comment, default as best practice, and the site Penal Code Ann. §834c(2) & (3)(b) Giving State and Local Law includes recommended notification (Westlaw 2010). Enforcement the Benefit of the Doubt: language (even in foreign languages), 25 Id., § 5028(a). How to Ensure VCCR Compliance information on important distinctions 26 Id. The Governor is to be notified of without Judicial Remedies, 17 j. l. such as nations for which notification & pol’y 609 (2009); Comment, any such applications for transfer to is mandatory by treaty agreement another country. Id., § 5028(c). Meddling with the Vienna Convention between the U.S. and other nations, on Consular Relations: The Dilemma and a listing of foreign embassies and 27 Id., § 5028(b) and Proposed Statutory Solutions, 40 consulates in the U.S. as well as the 28 Or. Rev. Stat. Ann § 181.642 McGeorge l. rev. 179 (2009). See contact information. (Westlaw 2010). also Julian G. Ku, The State of New York Does Exist: How the States Control 17 28 CFR § 50.5(a) (1). 29 Id. § 426.228(9)(a). Compliance with International Law, 18 Id., § 50.5(a)(2). 30 Id., § 426.228(9)(b). 82 N.C. L. Rev. 457 (2004) (arguing 19 Where the embassy or consulate must 31 For examples of sub-state agency that the states play a major role in be notified pursuant to bi-lateral guidelines, see generally Consular enforcing international treaty rights, treaty, the U.S. Attorney is required Notification, supra n. 16. including those found in Article 36 of to notify the detained foreign national the Vienna Convention). 32 LaGrand Case (Germany v. U.S.), of the consular notification and the 2001 I.C.J. 4. For an analysis of the 14 The Department of Foreign Affairs reason. Id., §50(a)(3). LaGrand opinion from the viewpoint (now the State Department) was the 20 Id., § 50.5(b). that it did not go far enough to define first executive branch established after individual rights or necessary remedial the ratification of the Constitution 21 8 CFR § 236.1(e). In addition, measures, see Joan Fitzpatrick, The to assist the President. See Act of July subsection (e) lists the countries with Unreality of International Law in the 27, 1789, ch. 4, §1, 1 Stat. 28-29 which the United States has a bi- United States and the LaGrand Case, (establishing an executive department lateral treaty requiring notification 27 Yale j. int’l l. 427 (2002). known as the Department of Foreign (a list currently of 58 countries and Affairs). The foreign affairs power, federated nations, some with extra 33 Id., p. 490, para. 67. which includes dealings not only requirements or exemptions from the 34 Id., p. 494, para. 77. with other nations but also with notification obligation, some noting 35 Id., p. 497-4998, para. 91. their delegations, is granted to the the successor status of nations after Executive by the Constitution, a break-up such as with the former 36 Id., pp. 505-506, paras. 108-109. U.S. Const. art. II, cl. 2, although Soviet Republics). In a mandatory 37 Id., pp. 513-514, para 125. Congress has ultimate legislative notification, officials are directed not authority, which includes the to inform of a request for asylum or a 38 Id., paras 125 & 127. exclusive power to ratify international withholding of removal. Id. 39 Id., p. 514, para. 126.

19   ichigan International Lawyer 

40 2004 I.C.J. 12 (Mar. 31). n. xxx) as well as efforts in some 51 Id. at 347. 41 Id., pp. 53-55, para. 106. The jurisdictions to provide information 52 552 US 491 (2008). For a Court cited to a famous case of its about Art. 36(1)(b) in parallel with comprehensive analysis of the predecessor (the Permanent Court a Miranda warning. Id., pp. 68-69, Medellin case, see Luke A. McLaurin, of International Justice) - Factory at para 149. Medellin v. Texas and the Doctrine of Chorzow, Jurisdiction, P.C.I.J. Series 44 2009 I.C.J. 1. Non-self-executing Treaties, XX Mich. A, No. 17, p.47, which sets out 45 523 US 371, 378-379 (1998). int’l lawyer 1 (No. 11, Spring/ the “natural law theory” tenet that Summer 2008). See also U.S. breaches of international obligations 46 Id., pp. 375-377. This is true even Supreme Court Releases Decision require a remedy. Id., p. 59, para. 119. in light of the fact that treaty law is on Vienna Convention Cases, the “supreme law of the land.” U.S. 42 Id., p. 66, para 141. written by the State Department, Const. art. VI, cl. 2. available at http://travel.state.gov/ 43 Id., pp. 65-70, paras. 140-152. The 47 Breard, p 377. law/consular/consular_2967.html. Court noted with apparent approval a 1998 outreach program including 48 548 U.S. 331 (2006). 53 552 US at 508-509. dissemination of a State Department 49 Id. at 345. 54 Id. at 525-526. booklet (the Guidelines, see supra 50 Id. at 346.

Photos from the Annual Meeting September 23, 2010 at The Fairlane Club in Dearborn

20  Volume XXII, No. III, Fall 2010 

Event Calendar: Meetings, Seminars, & Conferences of Interest

November 2-5, 2010 November 18-19, 2010 January 16-22, 2011 International Private Law Conference Rule of Law Conference Seminar for Advanced Studies in Public Barcelona, Spain Wellington, New Zealand and Private Int’l Law: “Security in the http://www.asil.org/events-il-calendar.cfm http://www.abanet.org/intlaw/calendar/home.html International Law of the Sea” The Hague, Netherlands November 2-6, 2010 November 18-20, 2010 http://www.asil.org/events-il-calendar.cfm ABA 2010 Fall Meeting Int’l Economic Law in Time of Change: Paris, France Reassessing Legal Theory, Doctrine, January 28, 2011 http://www.abanet.org/intlaw/calendar/home.html Methodology and Policy Prescriptions 2011 AILA Midyear CLE Conference Minneapolis, MN Puerto Vallarta, Mexico November 3, 2010 http://www.asil.org/events-il-calendar.cfm http://www.aila.org/content/default. Islamic Finance Conference aspx?docid=9352 Dubai, UAE November 23, 2010 http://www.ibanet.org/Conferences/conferences_ 1st Ukrainian International Dispute February 9-13, 2011 home.aspx Resolution Conference: Ukraine, Russia Gujarat National Law University and CIS International Moot Court Competition November 4-6, 2010 Kiev, Ukraine (GIMC 2011) Full Speed Ahead: Recent challenges and http://www.ibanet.org/Conferences/conferences_ Gujarat, India solutions for the shipping industry home.aspx http://www.asil.org/events-il-calendar.cfm Istanbul, Turkey http://www.ibanet.org/Conferences/conferences_ November 25-26, 2010 February 9-15, 2011 home.aspx 4th Law Firm Management Conference ABA Midyear Meeting Moscow, Russia Atlanta, GA November 5-6, 2010 http://www.ibanet.org/Conferences/conferences_ http://www.abanet.org/intlaw/calendar/home.html AILA Texas Chapter 2010 Fall CLE home.aspx Conference February 10-11, 2011 Playa del Carmen, Mexico November 30, 2010 TLCP Symposium 2011 “Ten Years after http://www.aila.org/content/default. 54th UIA Annual Congress 9/11: Rethinking Counter-Terrorism” aspx?docid=9352 Istanbul, Turkey Iowa City, IA http://www.abanet.org/intlaw/calendar/home.html http://www.asil.org/events-il-calendar.cfm November 11-12, 2010 6th Balkan Legal Forum November 30, 2010 February 10-11, 2011 Sofia, Bulgaria International Private Equity Transactions The Global Commercialisation of http://www.ibanet.org/Conferences/conferences_ Conference Knowledge Based Industries - Israel’s home.aspx London, England Experience http://www.ibanet.org/Conferences/conferences_ Tel Aviv, Israel November 11-13, 2010 home.aspx http://www.ibanet.org/Conferences/conferences_ 23rd Annual AILA California Chapters home.aspx CLE Conference November 30, 2010 Monterey, CA ICDR/IBA Int’l Arbitration Conference February 21-23, 2011 http://www.aila.org/content/default. Buenos Aires, Argentina Olimic Size Investments: Business aspx?docid=9352 http://www.ibanet.org/Conferences/conferences_ Opportunities and Legal Framework home.aspx Rio de Janeiro, Brazil November 12, 2010 http://www.ibanet.org/Conferences/conferences_ ASIL Mid-Year Meeting December 1, 2010 home.aspx Coral Gables, FL 13th Annual AILA New York Chapter http://www.asil.org/events-il-calendar.cfm Symposium February 23-25, 2011 New York, New York AMPLA/IBA Resources and Energy Law November 17-19, 2010 http://www.aila.org/content/default. Conference South East Asia 2nd Asia Pacific Regional Forum aspx?docid=9352 Singapore Conference http://www.ibanet.org/Conferences/conferences_ Tokyo, Japan January 6, 2011 home.aspx http://www.ibanet.org/Conferences/conferences_ Internationalizing the Faculty home.aspx San Francisco, CA March 3-4, 2011 http://www.asil.org/events-il-calendar.cfm 14th Annual IBA Int’l Arbitration Day Seoul, South Korea http://www.ibanet.org/Conferences/conferences_

21   ichigan International Lawyer  home.aspx April 8, 2011 August 4-9, 2011 2011 Spring CLE Conference ABA Annual Meeting March 7-8, 2011 Washington, D.C. Toronto, Ontario, Canada 16th Int’l Wealth Transfer Practice http://www.aila.org/content/default. http://www.abanet.org/intlaw/calendar/home.html London, England aspx?docid=9352 http://www.ibanet.org/Conferences/conferences_ August 23, 2011 home.aspx April 10-12, 2011 Managing A Modern Law Firm: A Dream The New Normal: The Effect of the Global Come True Or A Complete Nightmare? March 10-11, 2011 Financial Crisis Amsterdam, The Netherlands Merger Regulation in the EU after 20 Chicago, IL http://www.abanet.org/intlaw/calendar/home.html years http://www.ibanet.org/Conferences/conferences_ Brussels, Belgium home.aspx October 30-November 4, 2011 http://www.ibanet.org/Conferences/conferences_ IBA Annual Conference 2011 home.aspx April 14-15, 2011 Dubai, UAE Employment Law and Discrimination Law http://www.ibanet.org/Conferences/conferences_ March 13-15, 2011 Conference home.aspx 12th Annual Private Investment Funds Brussels, Belgium Other ABA Section of International Conference http://www.ibanet.org/Conferences/conferences_ Law Events London, England home.aspx http://www.abanet.org/intlaw/calendar/home.html http://www.ibanet.org/Conferences/conferences_ home.aspx April 28-29, 2011 Other AILA events Joint IBA and KBA Competition Law http://www.aila.org/content/default. March 23-25, 2011 Conference aspx?bc=1010 Mergers and Acquisitions in Latin Seoul, South Korea America http://www.ibanet.org/Conferences/conferences_ Other ASIL Events Mexico City, Mexico home.aspx http://www.asil.org/events/calendar.cfm http://www.ibanet.org/Conferences/conferences_ home.aspx May 4-6, 2011 Other IBA Events Second Conference of the Americas http://www.ibanet.org/conferences/Conferences_ April 5-9, 2011 Miami, FL home.cfm ABA 2011 Spring Meeting http://www.ibanet.org/Conferences/conferences_ Washington, DC home.aspx http://www.abanet.org/intlaw/calendar/home.html

Minutes of the Annual Meeting of the International Law Section of the State Bar of Michigan September 23, 2010

The annual meeting of the Interna- The Secretary said that the notice will be August 31, 2010, and the related detailed tional Law Section (“Section”) of the filed with the minutes of the meeting. trial balance for the same period, pre- State Bar of Michigan (“State Bar”) The Secretary confirmed that a quorum pared by the Finance & Administration was held on Thursday, September 23, was present at the meeting. Division of the State Bar. The Treasurer 2010, at The Fairlane Club in Dearborn, noted that total revenue for the Section Michigan, pursuant to notice duly circu- Approval of Minutes during the period was $______, with lated to all Section members. total expenses of $______, resulting in The Secretary circulated a draft of net income for the period of $______. the minutes of the annual meeting of The Section’s fund balance decreased Call to Order the Section held on September 17, 2009. from $______at the beginning Mr. DeLong, Chair‑Elect, called the After discussion, upon motion made and of the Section’s fiscal year to $______meeting to order at 1:30 p.m. EDT. supported, the Section approved the as of August 31, 2010. minutes as presented. Notice and Quorum Treasurer's Report Nominating Committee Report The Secretary stated that a written and Election notice of the meeting was mailed or The Treasurer, Mr. Jeffery Paulsen, presented the financial statement of the Mr. DeLong circulated the report delivered to all members of the Section of the Nominating Committee. The in accordance with the Section’s Bylaws. Section for the eleven months ended

22  Volume XXII, No. III, Fall 2010  members of the Nominating Committee were Cameron S. DeLong, Margaret A. in favor of the nominated persons who Dobrowitsky and Jeffery F. Paulsen, each of whom was appointed by the Chairperson were thereupon elected to the positions pursuant to Section 3 of Article IV of the Section’s Bylaws. so designated. Mr. DeLong informed the meeting that, in accordance with the Section’s By- Finally, Mr. DeLong said that, in laws, the Chair-Elect of the Section automatically becomes the Chairperson at the accordance with the Section’s Bylaws, the end of the term of the current Chairperson. Consequently, the Chairperson of the Chairperson has appointed the following International Law Section of the State Bar of Michigan for the coming year will be persons ex-officio law student members Cameron S. DeLong. of the Council with the approval of the Mr. DeLong then advised that the Nominating Committee recommended that Executive Committee: the following members of the Section be nominated for election at the Section’s an- Nick Hawatmeh, University of Detroit nual meeting as officers of the Section for the coming year: Mercy School of Law Margaret A. Dobrowitsky Chair-Elect Sam Saif, Wayne State University Law Jeffrey F. Paulsen Secretary School A. Reed Newland Treasurer Quinten A. Smith, Thomas M. Cooley Law School (Auburn Hills Campus) Mr. DeLong further indicated that the Nominating Committee recommended that the following persons be nominated to the Council for 3-year terms ending in 2013: Given below is the updated roster of David B. Guenther the State Bar of Michigan International Gregory H. Fox Law Section Officers and Council Mem- Eve C. Lerman bers 2010 – 2011. Mr. DeLong also stated that the Nominating Committee recommended that the Chairperson's Report following person be nominated to the Council for a 2-year term ending 2012 to fill Mr. Goetz gave his Chairperson’s re- the vacancy left if Mr. Newland is elected to the office of Treasurer: port. Mr. Goetz thanked the officers and Silvia Kleer Council members for their support and Upon motion made and supported, the meeting voted in favor of accepting the willingness to serve the Section. He also recommendations of the Nominating Committee. After an invitation by Mr. DeLong, thanked the law students for their eager no other nominations were made from the floor of the meeting. Upon motion then participation in the Section and for their made and supported, all members of the Section in attendance voted unanimously valuable assistance with the publication of the Section’s newsletter, the Michigan 2010-2011 UPDATED ROSTER OF OFFICERS AND COUNCIL MEMBERS International Lawyer. Mr. Goetz also Officer Name Address Telephone Email noted the help of committee chairpersons Warner Norcross & Judd LLP Chairperson 900 Fifth Third Center with program planning throughout the Cameron S. DeLong 616-752-2155 [email protected] 111 Lyon Street, NW Grand Rapids, MI 49503-2487 year. Mr. Goetz also introduced and Brinks, Hofer, Gilson & Lione thanked the following law students who Chairperson- 524 S. Main Street Elect Margaret A. Dobrowitsky 734-302-6026 [email protected] will work on the publication in the com- Suite 200 Ann Arbor, MI 48104 ing year: Melina Lito, Jennifer Gross, Paulsen Law Firm PLLC Zachee Pough and Silvia Hashorva. 6632 Telegraph Road Secretary Jeffrey F. Paulsen 248-456-0646 [email protected] #127 Mr. DeLong thanked Mr. Goetz Bloomfield Hills, MI 48301 for his capable leadership of the Section Plastipak Packaging Inc. and, on behalf of the Section, presented Treasurer A. Reed Newland 41605 Ann Arbor Road East 734-354-7142 [email protected] Plymouth, MI 48170 Mr. Goetz with a plaque in recognition of his contribution to the continued success of the Section. Council Members Term Expires Telephone Email Michael E. Domanski 2011 313-465-7352 [email protected] Post-Meeting Program Linda J. Armstrong 2011 313-983-7476 [email protected] Andrew H. Thorson 2011 248-784-5165 [email protected] Mr. DeLong reminded attendees Tricia L. Roelofs 2012 313-568-6530 [email protected] Debra Auerbach Clephane 2012 248-540-8019 [email protected] that, after a short break, the Section Silvia M. Kleer 2012 313-323-2320 [email protected] would hold the annual meeting program Gregory H. Fox 2013 313-577-0110 [email protected] David B. Guenther 2013 734-761-9000 [email protected] entitled “How International Trade Will Eve C. Lerman 2013 248-975-9605 [email protected] Help Bring Michigan New Jobs and Busi-

23   ichigan International Lawyer  ness Opportunities” that featured the following presentations: Treasurer's Report 1. How to Develop a Globalized For the eleven months ending August 31, 2010 Legal Practice David A. Steiger, author of the ABA International Law Section Publishing best-seller, The Globalized For the eleven months ending August 31, 2010 Lawyer, made the case for the development of an international practice Current Activity Year-to-date August August as a long-term strategy for Michigan lawyers, rather than as a short-term Income: reaction to a sluggish economy. He International Law Section Dues 11,910.00 outlined the primary skills and tools that attorneys need to develop to International Stud/Affil Dues 65.00 provide the best cross-border advice. Total Revenue 11,975.00 Mr. Steiger is a practicing attorney and a member of the Visiting Faculty Expenses: at DePaul University’s School for New ListServ 25.00 275.00 Learning in Chicago. Meetings 10,116.79

Travel Expenses 1,664.40 2. Michigan’s Role in the Global Economy Telephone 84.58 Dr. Robert A. Dye, a vice president Newsletter 141.18 1,232.58 and senior economist of PNC Bank, Postage 109.97 provided an overview of the current state of the World, U.S. and Michigan Miscellaneous 322.99 economy. He also spoke to the role Total Expenses 166.18 13,806.31 that Michigan has in the global Net Income (166.18) (1,831.31) economy and what may be the best Beginning Fund Balance: business and job growth opportunities Fund Bal-International Law Sec for Michigan in the near future. Dr. 26,599.73 Total Beginning Fund Balance Dye is responsible for contributing 26,599.73 to economic forecasting and analysis Ending Fund Balance (166.18) 24,768.42 for PNC nationwide and globally. Dr. Dye has a Bachelors degree from Mar- private practice and, prior to that, a successful professional fencer and Fencing Master, ietta College, a Masters degree from Mr. Pezza holds undergraduate and graduate degrees from Wayne State University and Ball State University and a Doctorate a J.D. from the Detroit College of Law. from the University of Pennsylvania. Dr. Dye is also the past President of 4. Outbound Opportunities for Michigan Businesses the Economic Club of Pittsburgh. Eve Lerman, International Trade Specialist with the U.S. Commercial Service, gave a 3. Opportunities for Growth in presentation on specific areas of the global market where Michigan businesses may find Bioenergy, Wind, Solar, Battery opportunities and how the U.S. Commercial Service can help Michigan attorneys and and Water Technologies their clients pursue business opportunities in the global market. Gil Pezza, director of the Water Adjournment Technology Initiative of the Michigan There being no new business to come before the meeting, Mr. DeLong adjourned Economic Development Corpora- the meeting. tion’s New Markets Unit, gave an overview on the strategic approach in Respectfully submitted, successfully diversifying Michigan’s Margaret A. Dobrowitsky, Secretary economy. Formerly an attorney in International Law Section, State Bar of Michigan

24  Volume XXII, No. III, Fall 2010 

State Bar of Michigan International Law Section Leadership Roster 2010-2011

Chair Michael W. Domanski Gregory H Fox Honigman Miller Schwartz & Cohn LLP Professor of Law Cameron S. DeLong Partner 660 Woodward Ave Ste 2290 Director, Program for International Legal Warner Norcross & Judd LLP Detroit, MI 48226 Studies 111 Lyon St NW Ste 900 Phone: (313) 465-7352 Wayne State University Law School Grand Rapids, MI 49503 Fax: (313) 465-7353 471 West Palmer Street Phone: (616) 752-2155 e-Mail: [email protected] Detroit, MI 48202 Fax: (616) 222-2155 Phone: (313) 577-0110 e-Mail: [email protected] Andrew H. Thorson Fax: (313) 577-2620 Web: www.wnj.com Warner Norcross & Judd LLP 2000 Town Ctr Ste 2700 Southfield, MI 48075 Eve C. Lerman Chair-Elect Phone: (248) 784-5165 Senior International Trade Specialist Margaret A. Dobrowitsky Fax: (248) 603-9465 US Dept of Commerce Brinks Hofer Gilson & Lione PC e-Mail: [email protected] 250 Elizabeth Lake Rd Ste 1300W 524 S Main St Ste 200 Web: www.wnj.com Pontiac, MI 48341 Ann Arbor, MI 48104 Phone: (248) 975-9605 Phone: (734) 302-6026 Fax: (248) 975-9606 Fax: (734) 994-6331 Term Expires 9/30/2012 e-Mail: [email protected] e-Mail: [email protected] Debra Auerbach Clephane Secretary Vercruysse Murray & Calzone PC Law Student 31780 Telegraph Rd Ste 200 Jeffrey F. Paulsen Term Expires 9/30/2011 Paulsen Law Firm PLLC Bingham Farms, MI 48025 6632 Telegraph Rd # 127 Phone: (248) 540-8019 Nick Hawatmeh Bloomfield Hills, MI 48301 Fax: (248) 540-8059 University of Detroit Mercy School of Law Phone: (248) 456-0646 e-Mail: [email protected] Telephone: 586-871-6522 Fax: (248) 332-9452 [email protected] e-Mail: [email protected] Tricia Lynn Roelofs Web: www.paulsenlawfirm.com Dykema Gossett PLLC 400 Renaissance Ctr Sam Saif- 2011 Detroit, MI 48243 Wayne State University Law School Treasurer Phone: (313) 568-6530 Telephone: 586-256-0856 A. Reed Newland Fax: (313) 568-6691 [email protected] Assistant Corporate Counsel e-Mail: [email protected] Plastipak Packaging Inc Quinten A. Smith-2011 41605 Ann Arbor Rd E Silvia M. Kleer Thomas M. Cooley law School Plymouth, MI 48170 Ford Motor Company Telephone: 248-497-0838 Phone: (734) 354-7142 1 American Rd Ste 336-A6 [email protected] Fax: (734) 354-7398 World HQ e-Mail: [email protected] Dearborn, MI 48126 Phone: (313) 323-2320 Immediate Past Chair Fax: 888-343-1631 Richard G. Goetz Council Member e-Mail: [email protected] Int’l Practice Group Leader Term Expires 9/30/2011 Dykema Gossett PLLC 400 Renaissance Ctr Linda J. Armstrong Term Expires 9/30/2013 Detroit, MI 48243 Butzel Long PC David B. Guenther Phone: (313) 568-5390 150 W Jefferson Ave Ste 100 Conlin McKenney & Philbrick PC Fax: (313) 568-6832 Detroit, MI 48226 350 S Main St Ste 400 e-Mail: [email protected] Phone: (313) 983-7476 Ann Arbor, MI 48104 Fax: (313) 225-7080 Phone: (734) 761-9000 e-Mail: [email protected] Fax: (734) 761-9001 e-Mail: [email protected] Web: www.cmplaw.com

25   ichigan International Lawyer 

COMMITTEE CHAIRS: LIAISONS: Ex Officio International Business and Tax Academic Liaison: Frederick J. Frank Honigman Miller Schwartz & Cohn LLP Michael Domanski, Chair Virginia B. Gordan 660 Woodward Ave Ste 2290 Honigman, Miller, Schwartz & Cohn, LLP Assistant Dean of International Programs Detroit, MI 48226 660 Woodward Ave, Ste 2290 The University of Michigan – Law School Phone: (313) 465-7384 First National Bldg 941 Legal Research Building Fax: (313) 465-7385 Detroit, MI 48226 Ann Arbor, MI 48109-1215 e-Mail: [email protected] Telephone: (313) 465-7352 Telephone: (734) 764-5269 Web: www.law.honigman.com Fax: (313) 465-7353 Fax: (734) 763-9182 E-mail: [email protected] E-mail: [email protected] Lois E. Bingham Yazaki North America Inc International Trade Commissioner Liaison: 6801 N Haggerty Rd # 4625E Andrew P. Doornaert, Chair Margaret A. Costello Canton, MI 48187 KPMG LLP Dykema Gossett PLLC Phone: (734) 983-5054 150 W Jefferson Ave, Ste 1200 400 Renaissance Center Fax: (734) 983-5055 Detroit, MI 48226 Detroit, MI 48243 e-Mail: [email protected] Telephone: (313) 230-3080 Telephone: (313) 568-5306 Fax: (313) 447-2413 Fax: (313) 568-6691 Bruce D. Birgbauer E-mail: [email protected] E-mail: [email protected] Miller Canfield Paddock & Stone PLC 150 W Jefferson Ave Ste 2500 Emerging Nations Representative Assembly Liaison: Detroit, MI 48226 Ken Duck, Chair Joe Sepesy, Chair Phone: (313) 496-7577 Senior Attorney Deputy Director Ethics & Compliance Fax: (313) 496-8451 Foley & Lardner LLP The Dow Chemical Company e-Mail: [email protected] One Detroit Center 2030 Dow Center Office 612 500 Woodward Ave, Ste 2700 Midland, MI 48674 Stuart H. Deming Detroit, MI 48226-3489 Phone: (989) 636-0271 Deming PLLC Telephone: (313) 234-7121 Fax: (989) 636-6857 229 E Michigan Ave Ste 445 Fax: (313) 234-2800 E-Mail: [email protected] Kalamazoo, MI 49007 E-mail: [email protected] Phone: (269) 382-8080 Michigan International Lawyer: Fax: (269) 382-8083 e-Mail: [email protected] Richard G. Goetz, Co-Chair Professor Julia Y. Qin Web: www.deminggroup.com Int’l Practice Group Leader Wayne State University Law School Dykema Gossett, PLLC 471 W. Palmer Godfrey J. Dillard 400 Renaissance Center Detroit, MI 48202 PO Box 312120 Detroit, MI 48243 Telephone: (313) 577-3940 Detroit, MI 48231 Telephone: (313) 568-5390 Fax: (313) 577-2620 Phone: (313) 964-2838 Fax: (313) 568-6832 E-mail: [email protected] E-mail: [email protected] Fax: (313) 259-9179 Prof. John E. Mogk e-Mail: [email protected] International Employment Law 1000 Yorkshire Rd & Immigration Grosse Pointe Park, MI 48230 Stephen W. Guittard Telephone: (313) 885-4589 131 E 66th St Apt 2A Debra Auerbach Clephane, Chair New York, NY 10065 Vercruysse Murray & Calzone, P.C. Fax: (313) 577-2620 E-mail: [email protected] Fax: (212) 459-4598 31780 Telegraph Road, Ste 200 e-Mail: [email protected] Bingham Farms, MI 48025 Telephone: (248) 540-8019 Aziza N. Yuldasheva Associate—International Tax Howard B. Hill Fax: (248) 540-8059 PO Box 36632 E-mail: [email protected] KPMG LLP 150 W Jefferson Ave, Ste 1200 Grosse Pointe Farms, MI 48236 Phone: (313) 617-9817 International Human Rights Detroit, MI 48226 Telephone: (313) 230-3356 e-Mail: [email protected] Professor Gregory Fox, Chair Fax: 313-447-2436 Web: www.quatrrolegal.com Wayne State University Law School E-mail: [email protected] 471 W. Palmer John H. Jackson Detroit, MI 48202 Tricia L. Roelofs Professor Telephone:(313) 577-0110 Dykema Gossett PLLC Georgetown University Law Center Fax: (313) 577-2620 400 Renaissance Center 600 New Jersey Ave NW E-mail: [email protected] Detroit, MI 48243 Washington, DC 20001 Telephone: (313) 568-6530 Phone: (202) 662-9837 Fax: (313) 568-6691 Fax: (202) 662-9408 E-mail: [email protected] e-Mail: [email protected]

26  Volume XXII, No. III, Fall 2010 

Robert D. Kullgren Varnum LLP Logan G. Robinson Susan Waun de Restrepo 333 Bridge St NW Professor General Motors Corp PO Box 352 University of Detroit Mercy School of Law 300 Renaissance Center Grand Rapids, MI 49501 651 E Jefferson Ave MC 482-C29-B24 Phone: (616) 336-6000 Detroit, MI 48226 Detroit, MI 48265 Fax: (616) 336-7000 Phone: (313) 596-9412 Phone: (313) 665-0280 e-Mail: [email protected] e-Mail: [email protected] e-Mail: [email protected] Web: www.varnumlaw.com Web: www.law.udmercy.edu/faculty/ distinguished/robinson.php Thomas R. Williams Clara DeMatteis Mager Kerr Russell & Weber PLC Butzel Long PC Timothy F. Stock 500 Woodward Ave Ste 2500 150 W Jefferson Ave Ste 100 3830 9th St N Apt 901E Detroit, MI 48226 Detroit, MI 48226 Arlington, VA 22203 Phone: (313) 961-0200 Phone: (313) 225-7077 Phone: (703) 524-2960 Fax: (313) 961-0388 Fax: (313) 225-7080 Fax: (703) 465-9834 e-Mail: [email protected] e-Mail: [email protected] e-Mail: [email protected] Donald E. Wilson Jan Rewers McMillan Bruce C. Thelen Senior Tax Counsel Law Offices of Jan Rewers McMillan Dickinson Wright PLLC Deloitte & Touche Tohmatsu Ltd 400 Galleria Officentre Ste 117 500 Woodward Ave Ste 4000 3955 Holden Dr Southfield, MI 48034 Detroit, MI 48226 Ann Arbor, MI 48103 Phone: (248) 352-8480 Phone: (313) 223-3500 Telephone: +61 2 9322 7543 Fax: (248) 354-9656 Fax: (313) 223-3598 Fax: ( (734) 995-1101 e-Mail: [email protected] e-Mail: [email protected] E-mail: [email protected]

J. David Reck Anthony P. Thrubis Randolph M. Wright Miller Canfield Paddock & Stone PLC 37700 River Bnd Berry Moorman PC 150 W Jefferson Ave Ste 2500 Farmington Hills, MI 48335 255 E Brown St Ste 320 Detroit, MI 48226 Phone: (248) 478-2490 Birmingham, MI 48009 Phone: (313) 410-9891 e-Mail: [email protected] Phone: (248) 645-9680 Fax: (313) 496-7500 Fax: (248) 645-1233 e-Mail: [email protected] e-Mail: [email protected] Web: www.berrymoorman.com

27 ichigan International Lawyer NONPROFIT State Bar of Michigan U.S. POSTAGE Michael Franck Building PAID LANSING, MI 306 Townsend Street PERMIT NO. 191 Lansing, MI 48933-2083