About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

42 N. Ill. U. L. Rev. [i] (2021-2022)

handle is hein.journals/niulr42 and id is 1 raw text is: NORTHERN ILLINOIS UNIVERSITY
LAW REVIEW
VOLUME 42                      FALL 2021                      NUMBER 1
CONTENTS
ARTICLES
The Helms-Burton Act Backfires: Surprising Litigation Trends Following
Title III's Long-Feared Activation
Gergana S. Sivrieva ..................................................................................................1
On May 2, 2019, the Trump Administration made the historic decision to lift the
suspension of Title III of the Helms-Burton Act for the first time since its enactment
in 1996. Title III allows US nationals whose property was confiscated by the Cuban
government to sue entities and individuals who now traffic in that property. Legal
scholars believed this activation would trigger an avalanche of lawsuits; however,
after two years of the law 's operation, only forty-some suits were filed, many by the
same plaintiffs. Even more surprising is that instead of exposing foreign corporations
that derive substantial benefits from the expropriated properties to liability, Title III
is largely being used to target American businesses that have attenuated connections
to the properties, at best. This Article explores the surprising trends born from the
parties' filings and the opinions issued by federal courts in leading Title III cases,
and argues that the statute's violation of international legal norms, failure to secure
compensation for US claimants, and unforeseen targeting of domestic companies is
ample rationale for the newly elected Biden Administration to urge Congress to
repeal the Helms-Burton Act, which has gained the reputation of being one of the
most ill-advised foreign policies of the US for a quarter century.
The Case for the Inclusion of Employee Relations Matters in Mandatory
Disclosure and Reporting Requirements for Public Corporations
D erek  J .  Illa r.................................................................................................... . .   8 7
Public companies have no obligation to disclose and to report matters that pertain
to equality in the workplace, the payment of wages and benefits, and health and safety
issues employee relations matters under the current statutory and regulatory
framework for the capital markets. The absence of this obligation significantly and
glaringly handicaps shareholders and other market participants insofar as they are
investing in public companies with a limited and distorted understanding of their
operations that belies the historical and analytical justifications for mandatory
disclosures and reporting. This Article posits that public corporations should publish
information about employee relations matters because certain disclosure and
reporting requirements already impliedly contemplate their publicization, it
promotes the policy objectives that underlie these requirements, and it empowers
shareholders and other market participants to make more fully informed decisions
with respect to their investment activities.

i

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most