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Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer
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
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 …
Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence
Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence
UC Law SF International Law Review
The policy of the United States to supply nuclear power plants and materials to selected foreign nations raises questions concerning environmental concerns, nuclear weaponry problems, and foreign relations considerations. This Note examines the statutory scheme by which Congress has sought to balance these factors and the role of the judiciary in implementing this plan. Specifically, a recent case involving the Nuclear Regulatory Commission's grant of a license for exporting nuclear plant materials to the Philippines is reviewed. The author concludes that this litigation failed to provide adequate guidance for the Commission and for courts in future cases. The author offers …
Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.
Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.
UC Law SF International Law Review
No abstract provided.
Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey
Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey
UC Law SF International Law Review
Canadian ownership and control of United States cablevision systems has steadily increased over the past seven years. This has given rise to heated debate concerning the issue of such alien control. The argument to impose citizenship requirements upon cable ownership centers on present citizenship requirements on common carriers and broadcast licensees, and on the issue of trade reciprocity. Rejecting the reciprocity argument as artificial, the author believes that Congress should impose citizenship requirements on cable television ownership, and that these requirements should be based on the policies and rationale of the Communications Act of 1934, which details the true reasons …
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
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 …
Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen
Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen
UC Law SF International Law Review
No abstract provided.
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
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 …
Artistic Freedom And Government Subsidy: Performing Arts Institutions In The United States And West Germany, Erik Stenberg
Artistic Freedom And Government Subsidy: Performing Arts Institutions In The United States And West Germany, Erik Stenberg
UC Law SF International Law Review
This Note examines the role of the government in securing and maintaining artistic freedom in the performing arts institutions of West Germany and of the United States. The primary basis for comparison is the ability of the artistic directors of performing arts institutions to program the works they desire. The author focuses on the various advantages and disadvantages of the direct subsidy approach implemented in West Germany as opposed to the emphasis on indirect government support found in the United States. Finally, the author concludes that direct and open government support of the performing arts, such as in West Germany, …
Allowing Federal Courts Access To International Court Of Justice Advisory Opinions: Critique And Proposal, William T. Mclaughlin Ii
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
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
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
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
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
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
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 …
People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han
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 …
Recent Developments In West German Civil Procedure, William B. Fisch
Recent Developments In West German Civil Procedure, William B. Fisch
UC Law SF International Law Review
For the past twenty years, the West German system of civil procedure has undergone extensive re-examination and reform. These developments have centered on concerns regarding accessibility, technicality, cost, and delay. Nearly every phase of civil litigation was subjected to critical review and amendment. These changes have not, however, been as extensive as the most ambitious reformers would have liked, and will probably be weakened by practice and interpretation. Because much of the impetus for these changes was based on a common problem, ever-increasing litigation, it is useful for United States observers to review the West German approach and success in …
Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier
Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier
UC Law SF International Law Review
Contract and tort law have usually been doctrinally separated. The dominant phenomenon of social regulation, however, today overshadows the autonomous assumption of obligations through contract and the imposition of obligations through general tort rules. The author examines the development of West German tort law and shows that tort law has increasingly become a means of social regulation through judge-made rules of conduct. Special judge-made tort law regulates the social behavior of previously autonomous market citizens. The author argues that this trend toward social regulation through special tort law has rendered nineteenth century legal ideas about the relationship between contract and …
Protection Of Constitutional Rights And Reform Of Nuclear Power Plant Licensing Procedures In West Germany: An Interim Assessment, Klaus Bosselmann
Protection Of Constitutional Rights And Reform Of Nuclear Power Plant Licensing Procedures In West Germany: An Interim Assessment, Klaus Bosselmann
UC Law SF International Law Review
This commentary by Dr. Bosselmarn originally appeared in Kritische Jirstiz in 1980. It is reproduced here with the author's permission in order to provide insight into this area of legal concern with respect to current debates in West Germany. This piece is especially timely in view of the Notes on licensing and decommissioning of nuclear power plants also published in this issue. Dr. Bosselmann's belief is that the nuclear licensing process in West Germany has not been concerned with the fundamental constitutional rights of the individual. Instead, nuclear licensing has evolved in the direction of procedural acceleration and simplification, and …
Foreign Investment In United States Real Estate, Joel Rabinovitz
Foreign Investment In United States Real Estate, Joel Rabinovitz
UC Law SF International Law Review
No abstract provided.
Treaty Shopping And The 1981 United States Treasury Draft Model Income Tax Treaty, Nicholas S. Freud
Treaty Shopping And The 1981 United States Treasury Draft Model Income Tax Treaty, Nicholas S. Freud
UC Law SF International Law Review
No abstract provided.
Tax Evasion Through International Manipulation Of Foreign Exhange Profits, Carol A. Brittain
Tax Evasion Through International Manipulation Of Foreign Exhange Profits, Carol A. Brittain
UC Law SF International Law Review
By constructing a hypothetical situation in which a non- United States bank with branches in New York and the Bahamas might illegally shift foreign exchange profits from New York to the tax-haven Bahamas, this Note explores what action the United States Internal Revenue Service (IRS) could take in pursuing and recapturing lost tax revenue. It is proposed that the application of section 482 be used to reallocate from abroad United States source income of banks. Recent developments in this area should give the IRS reason to consider enlarging the uses of section 482.
Dispute Resolution In Space, Scott F. March
Dispute Resolution In Space, Scott F. March
UC Law SF International Law Review
As the United States makes strides toward maintaining a permanent presence in space, there is a need for a legal framework to adjudicate disputes arising among men and women working there. Present law does not adequately take into account the unique conditions encountered in space such as isolation, confinement and dangerous environments. This Note proposes that the United States codify substantive and procedural law to facilitate resolution of disputes in space. The code must allow for timely dispute resolution and avoid serious disruption of the mission. The proposal suggests that national, not international, law should form the basis for the …