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Articles 31 - 60 of 131
Full-Text Articles in Law
Contractual Assurances In Multinational Agreements To Purchase Or Sell U.S. Businesses--Cultural Differences Heighten Normal Conflicts, Barry Fink
UC Law SF International Law Review
This Article discusses some of the difficulties of multinational contracting by examining some major differences in the American and Japanese methods of allocating contractual responsibilities. His insights are offered in the hope that debate over the differing concepts will lead to greater understanding and facilitate further international dealings.
Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan
Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan
UC Law SF International Law Review
This Article examines some of the negative aspects of corporate investment in the United States which result from a variety of corporate management protection schemes. These schemes reduce corporate accountability to shareholders and can be overcome only by federal leadership aimed at curtailing defensive actions by state governments which aggravate the accountability gap.
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
UC Law SF International Law Review
This Article outlines the salient characteristics of American securities litigation and discusses the procedural aspects of international disputes in American courts. The Article also provides some insights into alternative dispute resolution of these matters. The Author advances the notion that the difficulties associated with international litigation in the United States may be overcome by prior agreements and planning, as well as by legislative reform of the system and international agreements.
Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love
Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love
UC Law SF International Law Review
The securities markets in the United States have provided increasingly sophisticated arbitration fora for the resolution of securities disputes. U.S. statutory and case law, moreover, has been increasingly favorable to the resolution of international commercial disputes by arbitration. As international markets continue to link, and cross-border disputes arise, parties will be challenged to make creative application of the new arbitrations rules, and to identify areas where change and accommodation are needed.
A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii
A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii
UC Law SF International Law Review
The prospect of a unified European consumer market in 1992 has brought acquisition of European subsidiaries by American blue chip corporations to an all-time high. Along with these new relationships, however, come numerous problems of environmental law. Recent developments in international law indicate that American corporations may inherit extensive liabilities under CERCLA and unwieldy administrative problems when acquiring European holdings. Further complicating these transactions, access to important documents regarding a property's prior use is often difficult to obtain and incomplete to satisfy emerging liability standards. This Article explores the effects environmental laws and liabilities can have on an international blue …
No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger
No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger
UC Law SF International Law Review
One of the primary purposes of the automobile liability insurance system is to provide compensation to people injured in automobile accidents. Many experts agree that the traditional liability system has failed to adequately perform this function. California has been particularly affected by the failure of the traditional liability insurance system. This Note describes how no-fault automobile insurance improves on the liability insurance system and how it solves some of the system's biggest problems. This Note also analyzes two no-fault systems, that of Quebec and that of New York, and proposes a no-fault system for California.
The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman
The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman
UC Law SF International Law Review
The Overseas Private Investment Corporation (OPIC) was created in 1969 to encourage private American investment in developing countries. OPIC finances overseas projects and provides insurance against loss due to political risks. In 1985 because of concerns that OPIC-assisted projects in countries with low labor costs were resulting in the loss of domestic jobs, Congress passed a law requiring OPIC to withhold assistance from projects in countries which fail to adopt and implement internationally recognized workers' rights. This Article argues that this legislation is counterproductive. Developing countries are deprived of role models, since most OPIC projects adhere to higher labor standards …
The P.R.C.'S First Copyright Law Analyzed, Jianming Shen
The P.R.C.'S First Copyright Law Analyzed, Jianming Shen
UC Law SF International Law Review
This Article explains the People's Republic of China's new copyright law, the Authorship Right Law, which is scheduled to take effect on June 1, 1991. The Article explores how the new law protects the moral and economic (property) rights of authors and other copyright holders. The Article specifically analyzes a number of issues, including copyrightable subject matter, neighboring rights and obligations, penalties for infringement, and the international aspects of the law. The author also discusses the positive and negative aspects of the Authorship Right Law, both within China and internationally.
Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos
Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos
UC Law SF International Law Review
Recent developments in the People's Republic of China and the Soviet Union warrant a comparative study of the imposition of criminal liability for political dissent. In the Soviet Union, substantive changes in criminal dissent laws seem dramatic. In China, various doctrinal pronouncements may have a great effect on the application of such laws. This Note analyzes the similarities and differences in the current political imperatives of both nations in relation to their criminal laws, and attempts to discern possible future uses of criminal law as a means of suppressing political speech.
Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray
UC Law SF International Law Review
No abstract provided.
A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck
A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck
UC Law SF International Law Review
Japan has employed heavy tax preferences for capital gains as part of a spectacularly successful national policy of encouraging capital formation and economic growth. The United States, in contrast, brought an end to sixty-five years of capital gains preferences with the Tax Reform Act of 1986. A very limited cut was enacted in 1990. However, President George Bush has made further reductions in the capital gains tax a central goal of his administration. This Note analyzes the experience of both nations and examines the effects of capital gains taxation on economic efficiency, levels of national investment, the politics of income …
The World Bank's Environmental Assessment Policy, R.J.A. Goodland
The World Bank's Environmental Assessment Policy, R.J.A. Goodland
UC Law SF International Law Review
Environmental assessment (EA) became mandatory in all World Bank-assisted projects in October 1989. The purpose of EA is to ensure that the development options under consideration are environmentally sound and sustainable, and that any environmental consequences are recognized early in the project cycle and taken into account in EA policy. This Article outlines the World Bank's EA policy and the most common type of EA, project-specific EAs. Annexed to this Article is a checklist of potential issues of an EA, a description of the categories of EA, a sample outline of a project-specific EA, and a source list of EA …
Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott
Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott
UC Law SF International Law Review
Siberia contains the world's largest undeveloped open space. It comprises one-tenth of the world's land mass, contains one-fifth of the earth's forest cover, is home to some of the largest herds of reindeer, and contains Lake Baikal, which holds twenty percent of the world's fresh water. However, the long-term integrity of Siberia's rich and beautiful environment is in serious jeopardy because the very natural riches that give Siberia its environmental significance also invite exploration and exploitation. The Article examines some of the historical inadequacies of the Soviet legal and regulatory systems, the current economic concerns of the local Siberian communities, …
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki
UC Law SF International Law Review
Until the global community began to recognize the damage wrought by uninhibited economic development throughout most of this century, the developing countries of the Third World foresaw and aspired to a similar unimpeded advance toward economic prosperity. Instead, in an effort to establish international economic order and environmental conservation, the developed countries asked the developing countries to join them in championing environmental conservation at the expense of economic development. Despite the fundamental incompatibility between developmental and environmental goals, the developing countries reluctantly joined the environmental cause, hoping to secure a role for themselves as the creators of new international environmental …
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias
UC Law SF International Law Review
The European Community has primarily been concerned with economic integration among its member states. However, along with economic integration comes the need for uniform environmental policies. This Article discusses the current regulatory structure of waste management in the European Community and outlines the recently proposed directive calling for strict liability for injury or environmental damages caused by wastes. The proposed directive is intentionally broad in scope, and imposes joint and several civil liability upon the responsible parties. This Article discusses the pros and cons of the proposed directive in terms of the development of centralized and uniform European Community environmental …
The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat
The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat
UC Law SF International Law Review
The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …
Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin
UC Law SF International Law Review
While the world condemns the destruction of the Amazonian rain forest in Brazil, the United States government allows non-sustainable timber harvesting in the world's largest nontropical rain forest, the Tongass National Forest, in southeastern Alaska. Both United States and Brazilian forest policies developed primarily to create jobs and provide economic stability. The two governments' subsidies and tax incentives have resulted, instead, in powerful private industries and expansive bureaucracies, whose budgets depend in part on continued forest destruction. Although both the United States and Brazil have recently reformed their forest policies, neither country's reforms are broad enough to protect the countries' …
Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner
Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner
UC Law SF International Law Review
The new Czechoslovak Government is in the process of dramatically revising that country's commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government's future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government's plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons.
Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan
Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan
UC Law SF International Law Review
Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …
Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii
Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii
Michigan Journal of International Law
This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.
Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek
Demoncratic Institutions Of Industrial Relations: A Polish Perspective, Ludwik Florek
Michigan Journal of International Law
This essay addresses three issues. The author first describes the major features of the previous Polish industrial relations system which caused it to be undemocratic. He then presents arguments justifying the need for a democracy in industrial relations in Poland. Second, the indispensable premises and elements of three basic democratic institutions of industrial relations are identified: trade union freedom, collective bargaining and the right to strike. These elements were selected for analysis on the basis of international legal instruments, in particular, conventions of the International Labor Organization ("ILO"), as well as U.S. and West European labor legislation. The author then …
The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans
The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans
Michigan Journal of International Law
What role these rights and obligations could have played is the central theme of this article. However, in view of the enormous complexity of the problems involved, this article can do no more than provide a general overview. Sections II through VII will first sketch the outlines of the rights and obligations confronting the two German States before unification. Section VIII will compare those outlines to the actual political outcome of the unification process. The former six Sections will explore a number of different contexts in which legal rights and obligations could have been found.
A Comparison Of Civil Procedure Practices In Products Liability Actions Between The United States And Japan: Underlying Reasons For Basic Differences, Akio Hayashi
LLM Theses and Essays
Both the U.S. and Japan are highly industrialized countries and many of the same products are used in both countries. So, why is there such a large difference in the number of products liability suits filed?
The present work explores the differences in the American and Japanese legal systems with a focus on products liability claims. The conclusion will show that it is the difference in the two countries applicable civil procedures that explain the disparity in suits.
Comparative Constitutional Fundamentals, Richard Kay
Comparative Constitutional Fundamentals, Richard Kay
Faculty Articles and Papers
No abstract provided.
Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber
Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber
All Faculty Scholarship
This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.
Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …
Paris, The City Of Arbitration?, Pierre Bellet
Paris, The City Of Arbitration?, Pierre Bellet
University of Miami International and Comparative Law Review
No abstract provided.
An International Lawyer Takes Stock, Sir Robert Y. Jennings
An International Lawyer Takes Stock, Sir Robert Y. Jennings
University of Miami International and Comparative Law Review
No abstract provided.
Towards A Common Market In Banking And Financial Services In The European Economic Community, Stuart Isaacs
Towards A Common Market In Banking And Financial Services In The European Economic Community, Stuart Isaacs
University of Miami International and Comparative Law Review
No abstract provided.
Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng
Jurimetrics: The Meaning And Measurement Of Legal Sovereignty And Domestic Jurisdiction, Bin Cheng
University of Miami International and Comparative Law Review
No abstract provided.
Counsel, Consul, Or Diplomat: Is There Any Practical Significance For Practitioners?, Cami Green
Counsel, Consul, Or Diplomat: Is There Any Practical Significance For Practitioners?, Cami Green
University of Miami International and Comparative Law Review
No abstract provided.