Law Commons^™

Memorial Address For Rudolf Schlesinger: Delievered At The University Of Trento Law School, Ulrich Drobnig

UC Law SF International Law Review

No abstract provided.

Health Care Rationing In The Courts: A Comparative Study, Timothy Stoltzfus Jost

UC Law SF International Law Review

The role of the judiciary and government agencies in the allocation of health care resources differs across national boundaries. This Article describes how institutions in Germany, the United Kingdom, and the United States approach conflicts and protect rights in rationing health care. Professor Jost first describes the legal aspects of decisions on distribution and financing of health care decisions, and then examines the existing institutions in each of these countries.

In Germany, the health insurance program is an employment- based social insurance system. Under a quasi-public scheme, nonprofit health insurance funds administer the program. The German health system is overseen …

The Common Core For European Private Law: Presented At The Third General Meeting Of The Trento Project, Hein Kotz

UC Law SF International Law Review

No abstract provided.

The Future Of Comparative Law: Public Legal Systems, Clifford Larsen

UC Law SF International Law Review

No abstract provided.

The Issue Of European Civil Codification And Legal Scholarships: Biases, Strategies And Development, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog

UC Law SF International Law Review

No abstract provided.

Spain Returns To Trial By Jury, Stephen C. Thaman

UC Law SF International Law Review

In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.

This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …

Comparative Study Of The Divorce Laws In California And The Mexican Federal District, Sharilyn R. Payne

UC Law SF International Law Review

This Note compares the no-fault divorce laws of California with the fault divorce laws of the Mexican Federal District. It looks at the laws themselves, their histories, how they take the family into account, the divorce rates of both areas, and new trends in divorce laws. This study then attempts to determine whether there is any correlation between divorce rates and the difficulty or ease with which a divorce can be obtained. It stresses the need to conduct this type of analysis before rushing to change the law.

The New German Internet Law, Lothar Determann

UC Law SF International Law Review

The creation of the Internet and other technological innovations in communications makes the issues and regulations surrounding them of increasingly international proportions. This article discusses the recent German case of Germany v. Felix Somm, which provides an example of the application of the new German Internet law. The new federal and state statutes contain provisions on many of the same topics: the liability of online providers, data protection and protection against violent and pornographic materials. The state statute regulates services that resemble and might eventually replace traditional broadcasting ("Media Services"). The federal law regulates online services that supplement and replace …

Let Me In, Immigration Man: An Overview Of Intercountry Adoption And The Role Of The Immigration And Nationality Act, Stephanie Zeppa

UC Law SF International Law Review

As the number of intercountry adoptions increases, it becomes important for countries like the United States to address the immigration needs of foreign children entering the country as the sons and daughters of its residents. This note provides an overview of the history of intercountry adoption in the United States. It gives examples of how the intercountry adoption process works, using China and Russia as examples of the complexity of the current process and the interplay between foreign and domestic law. The author also analyzes the impact of the Convention on Protection of Children and Co-operation in Respect of Intercountry …

Comparative Analysis Of The United States Patent Law And The New Industrial Property Code Of Brazil, John Giust

UC Law SF International Law Review

Brazil promulgated a new Industrial Property Code in 1996 that significantly changed its patent law. In this Article, Mr. Giust compares the Brazilian statute to patent law in the United States. Through detailed analysis, the Article shows that despite the vastly different economic and social needs of both nations, the recent changes have actually brought the two patent systems closer together. As the author argues, this trend toward convergence reflects the two nations' commitment to the TRIPs Agreement, and to that extent, strongly supports the view that global patent harmonization is possible.

This Article's comparative analysis covers numerous aspects of …

Extraterritoriality And Its Limits: The Iran And Libya Sactions Act Of 1996, Charles Tait Graves

UC Law SF International Law Review

The United States differs from much of the world in trade policy towards Iran and Libya. Through the Iran and Libya Sanctions Act of 1996, it seeks to pressure other states to refrain from certain investments in the Libyan and Iranian economies. The statute's secondary boycott provisions threaten extraterritorial sanctions against wholly foreign corporations engaging in such trade.

This Note describes the legal history of U.S. attempts to enforce its policy preferences through extraterritorial trade controls. It then argues that the Iran and Libya Sanctions Act of 1996 is likely invalid both under principles of general customary international law and …

Forum Selection Clauses In Maritime Bills Of Lading, Valerie Drogus

UC Law SF International Law Review

Courts face difficult issues in determining the validity of maritime forum selection clauses. This Note assesses the validity of such clauses in bills of lading used in maritime shipping. It considers four issues.

First, this Note will examine the three existing conventions on international maritime law. Second, it will discuss the varying U.S. court interpretations of the U.S. Carriage of Goods by Sea Act. Third, it sets forth the positions of other states on such clauses. Finally, this Note posits solutions and compromises for the existing conflicts of law.

Comparative Law Scholarship, John Henry Merryman

UC Law SF International Law Review

No abstract provided.

Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani

UC Law SF International Law Review

No abstract provided.

The Common Core Of European Private Law And The Principles Of European Contract Law, Ole Lando

UC Law SF International Law Review

No abstract provided.

Everybody's Talking: The Future Of Comparative Law, P. G. Monateri

UC Law SF International Law Review

No abstract provided.

Comparative Law In The New European Community, George A. Bermann

UC Law SF International Law Review

No abstract provided.

Structuring European Community Law: How Tacit Knowledge Matters, Pierre Legrand

UC Law SF International Law Review

No abstract provided.

Reconstituted Consonants: The Reach Of A Common Ore Analogy In Human Rights, L. Amede Obiora

UC Law SF International Law Review

No abstract provided.

The World Trade Organization And States' Rights: Will Foreign Threats Over Massachusetts' Burma Law Lead To A Domsetic Backlash Against International Trade Agreements, Brian Owens

UC Law SF International Law Review

This Note argues that the WTO's current dispute resolution system creates sovereignty tensions between member nations that are afforded a host of protections and their sub-national entities which do not have comparable protections. For example, states and other sub-national governments do not have standing before the WTO. They can neither bring a dispute before the WTO nor defend themselves against an attack on their domestic laws from WTO member nations.

This lose of state sovereignty to binding international agreements is exemplified by Massachusetts, which recently passed a law barring public agencies from doing business with any companies investing in Burma. …

Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein

UC Law SF International Law Review

The international community is committed to the creation of a Permanent War Crimes Tribunal. The Tribunal's operating charter will most likely mirror the charters of the Yugoslav and Rwandan International War Crimes Tribunals, a model the authors argue is unsuccessful for several reasons. They believe the Yugoslav and Rwandan tribunals are largely a farce and have become mechanisms for major international war criminals to escape capital punishment.

This article proposes an alternative to the current Permanent War Crimes Tribunal as it is envisioned. The authors' alternative tribunal consists of four independent but interrelated panels: an Indictment Panel, Truth and Reconciliation …

Gendered Aspects Of Migration: Law And The Female Migrant, Joan Fitzpartick, Katrina R. Kelly

UC Law SF International Law Review

Although female migrants share common goals and concerns, the gendered aspects of migration have been largely ignored by legislators and policy makers. This is illustrated by the regulation of migration for the purpose of performing domestic labor (the "maid trade") and migration to export processing zones, two predominantly female migration streams. The aim of this article is to expose the ways in which the legal regulation of migration reproduces and exacerbates the social and cultural inequalities that dis-empower female migrants. It is concluded that legislators and policy makers at all levels must develop an awareness and a more sophisticated understanding …

International Obligation To Prosecute Human Rights Violators: Spain's Jurisdiction Over Argentine Dirty War Participants, Julia K. Boyle

UC Law SF International Law Review

Many nations view the obligation of protecting human rights as worthy of relaxing the traditional deference to State sovereignty. They believe interference is necessary to prevent and punish human rights violators. In the 1970s and 8 b. Argentina was subject to an intense military rule. Disappearances, torture and extra-legal executions were the regime's tools of oppression, and despite Argentina's claim that those guilty of human rights violations were properly dealt with, the new democracy's measures were insufficient to conform to Argentina's legal obligations. Argentina's inaction constitutes a violation of Argentine and international law.

Hundreds of Spanish nationals were victims of …

Taking Mortgages Interests In Real Property Under The Guarantee Law Of The People's Republic Of China, Brain Y. Lee

UC Law SF International Law Review

In the fall of 1995, the PRC National People's Congress adopted the Guarantee Law, along with other banking legislation, to reform its troubled financial sector. As the first national secured transaction law in the PRC, the Guarantee Law standardizes the process of taking security and provides commercial banks with a legal tool to more effectively exercise credit allocation and debt recovery against defaulting debtors.

This Note focuses on how the newly-enacted Guarantee Law impacts the procedures and process of taking mortgage interests of real property in the PRC. In particular, it explores how the local mortgage laws in Beijing, Guangzhou, …

Diplomacy In The Modern World: A Reconsideration Of The Bases For Diplomatic Immunity In The Era Of High-Tech Communications, James S. Parkhill

UC Law SF International Law Review

Diplomatic immunity has existed throughout history as a way to ensure that diplomatic visitors to foreign nations remained free to perform their essential duties. It arose for two reasons: diplomats we'e extremely important to the conduct of interstate affairs, and the difficulties of travel and communication in previous eras made it essential for ambassadors to remain at liberty to perform their diplomatic duties. Clearly, modern methods of travel and communications have done much to eliminate the second basis.

This Note will examine the extent to which they may also have impacted the first rationale as well. In other words, when …