Digital Commons Network^™

Regulation Of Foreign Investment In Brazil: A Critical Analysis, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Law And Agrarian Reform In Costa Rica: The Legislative Phase (Part Ii), James P. Rowles

University of Miami Inter-American Law Review

No abstract provided.

Close Corporations And Private Companies Under American And English Law: Protecting Minorities, Stephen J. Leacock

University of Miami Inter-American Law Review

No abstract provided.

A Comparative Review Of States' Recognition Of Reduced Degrees Of Felony Murder

Washington and Lee Law Review

No abstract provided.

El Ministerio Publico En Venezuela Y El Derecho Ambiental, Pedro J. Mantellini González

University of Miami Inter-American Law Review

No abstract provided.

A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader

Michigan Law Review

A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan

Access To Justice And The Welfare State, Michigan Law Review

Michigan Law Review

A Review of Access to Justice and the Welfare State edited by Mauro Cappellitti

The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard

Michigan Law Review

A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley

The Medieval English County Court, Stephen D. White

Michigan Law Review

A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer

Roman Law Influence On The Civil Law, Charles Donahue Jr.

Michigan Law Review

A Review of The Making of the Civil Law by Alan Watson

Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer

UC Law SF International Law Review

The United States and Sweden are both highly industrialized nations whose workers are exposed to similar risks and substances. Thus, the legal problems surrounding worker protection from occupational hazards are similar. Traditions and cultural differences, however, have influenced the direction each country has taken in this area. In light of these differences, the author reviews some recent changes in Swedish occupational safety and health law and examines the important differences between the Swedish and United States approaches. She concludes that although neither country would benefit from the wholesale adoption of the other's program, each could effectively borrow ideas that proved …

Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow

UC Law SF International Law Review

The Accident Compensation Act (ACA) of New Zealand provides a uniform system of rehabilitation and compensation for personal injury or death resulting from accidents in New Zealand. This Article examines how the private international law provisions of the Act apply in aviation product liability. The Sixth Circuit case of Bennett v. Enstrom Helicopter Corp. is extensively analyzed. The author argues that the trial and appellate courts in Bennett, in holding the ACA has the exclusive remedy, misinterpreted substantive New Zealand law on recovery for injury or death. She mentions that the ACA left areas of "residual liability" and that Bennett …

Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.

UC Law SF International Law Review

No abstract provided.

Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller

UC Law SF International Law Review

Despite recent considerations weighing against future 'development of nuclear power there are problems created by the substantial number of existing nuclear power plants. Whereas the building and operation of nuclear facilities are covered by detailed legislation, very little attention has been given to nuclear reactor decommissioning. Decommissioning involves the permanent shutdown of a nuclear facility and it is a significant concern as nuclear power plants grow older and more obsolete. This Note discusses what decommissioning is and why it is important and examines the decommissioning policies of three nations with active nuclear power industries: the United States, West Germany, and …

Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer

UC Law SF International Law Review

Oligopoly industry structure, where a small number of firms dominate a large percentage of the market, is prominent in American business. Antitrust scholars debate about how an oligopoly firm sets its prices and whether the prices are competitive. Some scholars believe that United States law allows oligopolists to avoid detecting and punishment for collusive pricing activities. This Note compares two approaches to proving collusion in oligopolistic industries. One approach is proposed by Richard A. Posner and the other is presently utilized by the European Court of Justice for the European Economic Community. The author urges that United States courts adopt …

Allowing Federal Courts Access To International Court Of Justice Advisory Opinions: Critique And Proposal, William T. Mclaughlin Ii

UC Law SF International Law Review

Supporters of the idea that the rule of law should govern the world community have generally been disappointed by the meager role the International Court of Justice (ICJ) has played in international affairs and in the development of international law. Most of the explanations for the ICJ's underuse point to a single factor: that the vast majority of nation states, including the United States, choose not to risk their interests to the judgment of an independent international tribunal. This Note first examines two suggested modifications of the ICJ as proposed by the United States Congress and the American Bar Association. …

The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen

UC Law SF International Law Review

In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …

Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern

UC Law SF International Law Review

The antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934 may apply to securities sold exclusively to nonresident aliens. The extraterritorial application of these provisions is allowed only when United States Courts have subject matter jurisdiction over the transaction under principles of international law. Case law examines the relationship among four variables to determine whether United States Courts will assert or deny jurisdiction. This Article proposes a matrix model that uses these four variables to assist in the determination of jurisdiction. The matrix model is a tool which clarifies the variables involved in the jurisdictional …

The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik

UC Law SF International Law Review

The December 1982 dissolution of the Bundestag, in order to make way for new elections, was only the second time in the thirty-five year history of the Federal Republic that such an event occurred. The 1949 Bonn Constitution provides severely restrictive provisions regarding early dissolution. The Federal Constitutional Court, however, upheld the dissolution proceedings. This Article investigates the legal issues raised by the early dissolution, and the Constitutional Court's decision as to its constitutionality. It also discusses several proposals which have been made which would amend the Bonn Constitution to permit easier dissolution. The dissolution marked an important milestone in …

United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg

UC Law SF International Law Review

Less than five months after the United States and China signed an agreement to promote and expand trade an antidumping petition was filed against China. This was one of the first times China had been a party to litigation in the United States since Normalization of relations in 1979. In the future the antidumping issue may be one of the most significant barriers to the development of United States-China trade relations. This article examines the general framework of United States antidumping laws, the key issues which have emerged in proceedings and the antidumping cases decided or pending. It also examines …

Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton

UC Law SF International Law Review

Chile withdrew from the Andean Common Market (ANCOM) in 1976 and ceased to follow ANCOM's foreign investment code Decision 24. Since that time ANCOM and Chile have effected changes in their foreign investment codes. ANCOM introduced flexibility into Decision 24 which brought the Decision more in line with prevailing economic conditions without altering its basic theoretical outlook. Chile, on the other hand, passed an amendment to its already liberal national foreign investment statute. The amendment further opened the door to unrestricted foreign investment in Chile and has, in the author's view, contributed to a loss of national control over the …

West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman

UC Law SF International Law Review

With the development of cable television, direct broadcast satellite and other new broadcast technologies, television systems throughout the world have been thrown into a period of rapid transition. Against this quickly evolving background the West German Constitutional Court has held for the last 33 years to a vision of television as a catalyst of community and servant of the democratic process. This Note is the first American examination of the legal basis for what has been a public broadcasting monopoly in West Germany. The Note offers a close analysis of the three seminal television decisions of the Constitutional Court, as …

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …

Empirical Research About Law: The German Picture With Comparisons And Observations, Robert A. Riegert

Penn State International Law Review

While studying current legal developments in West Germany during the summer of 1979, the author became convinced that the most important development in German law in the past two decades was the movement toward empirical research about law. This research is often referred to by German jurists as fact research in law. During the intervening years, the author has been able to trace dome major developments of this movement.

The principal aim of this article is to furnish information to the American legal community about social-fact research in law resulting from the German experience. Discussion of Germany's experience is appropriate …

Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano

Penn State International Law Review

The Latin American experience clearly establishes that economic development involves profound social and political change. Despite modernization efforts, economuc benefits eluded Latin American leaders. This fact led to the widespread perception that a new international legal strucure had to be forged if the region's myriad social concerns were to be addressed. Regional economic integration was a necessary first step.

Integration enabled Latin American statesmen to address insurmountable national problems on a regional level. In the Latin American context, however, economic integration efforts became intertwined with the new nationalism. Despite this beginning, the structures that eventually arose formed a relationship which …

People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han

UC Law SF International Law Review

As part of the People's Republic of China's continued effort to strengthen and define its legal system, the Fifth National People's Congress promulgated the Income Tax Law Concerning Foreign Enterprises. This enactment reflected the Chinese Government's recognition that clear tax rules were needed which would assist tax planning by foreign investors. The Law and its accompanying Regulations were designed to fill major gaps in China's taxation system by reaching previously ignored major sources of income. This Article provides a general introduction to the various provisions of the Foreign Enterprise Tax Law and Regulations which remain unclear due to the newness …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

CIVIL JUDGMENT RECOGNITION AND THE INTEGRATION OF MULTIPLE STATE ASSOCIATIONS: CENTRAL AMERICA, THE UNITED STATES OF AMERICA, AND THE EUROPEAN ECONOMIC COMMUNITY

By Robert C. Casad

Lawrence: The Regents Press of Kansas, 1981. Pp. 258.$25.00.

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COMPARATIVE LAW YEARBOOK

VOL. 4, 1980

Edited by Dennis Campbell

The Hague/Boston/London: Martinus Nijhoff Publishers, 1981. Pp. 371.

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CONSTITUTION-MAKING: PRINCIPLES, PROCESS, PRACTICE

By Edward McWhinney

Toronto: University of Toronto Press, 1981.Pp. 231. $20.00.

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THE ENVIRONMENTAL LAW OF THE SEA

Edited by Douglas M.Johnston

Gland, Switzerland: International Union for Conservation of Nature and Natural Resources, 1981. Pp. 419.

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INTERNATIONAL BUSINESS: ENVIRONMENTS AND …

The Japanese Law In English: Some Thoughts On Scope And Method, Dan F. Henderson

Vanderbilt Journal of Transnational Law

Japanese law is a fledgling topic of comparative law in this country. The rapid growth of bilateral business and the integration of the United States and Japanese economies in recent years suggest the need for increased attention to this area. This Article first examines the prewar antecedents and the postwar developments of Japanese law in English in this country. It then reviews the present law school environment for the study of Japanese law as a comparative law subject. Finally, it briefly addresses three key issues basic to the development of this subject.

A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan

Vanderbilt Journal of Transnational Law

The Swiss Institute of Comparative Law seated at Lausanne was established by the federal statute of October 6, 1978. The Institute is envisioned as a center for the "documentation of and research into comparative, foreign, and international law." According to the statute and the implementing decree of December 19, 1979, the Institute serves the following purposes:

(1) to supply federal agencies and the federal administration with material and studies that may be needed for decisions concerning legislation and international treaties; (2) to contribute towards international efforts at the harmonization and unification of law; (3) to provide information and expert opinions …