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Articles 1 - 30 of 51
Full-Text Articles in Comparative and Foreign Law
Inter-American Bar Association: Resolutions Of The Xxix Conference
Inter-American Bar Association: Resolutions Of The Xxix Conference
University of Miami Inter-American Law Review
No abstract provided.
A License To Mislead: United States V. Abello-Silva, Mark S. Weinstein
A License To Mislead: United States V. Abello-Silva, Mark S. Weinstein
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Economic Development In Ravaged Haiti: Is Democracy Really The Answer?, Barbara L. Bernier
Economic Development In Ravaged Haiti: Is Democracy Really The Answer?, Barbara L. Bernier
Penn State International Law Review
No abstract provided.
Swedish Parental Leave Policy And Its Lessons To The U.S., Jon Kosich
Swedish Parental Leave Policy And Its Lessons To The U.S., Jon Kosich
Penn State International Law Review
No abstract provided.
Assessing Universal Access To Health Care: An Analysis Of Legal Principle And Economic Feasibility, Carlo V. Diflorio
Assessing Universal Access To Health Care: An Analysis Of Legal Principle And Economic Feasibility, Carlo V. Diflorio
Penn State International Law Review
No abstract provided.
1992 Lawyer Of The Americas: Ira J. Kurzban
1992 Lawyer Of The Americas: Ira J. Kurzban
University of Miami Inter-American Law Review
No abstract provided.
Ira J. Kurzban: Lawyer As Hero, Irwin P. Stotzky
Ira J. Kurzban: Lawyer As Hero, Irwin P. Stotzky
University of Miami Inter-American Law Review
No abstract provided.
An Analysis Of The Civil Service Disciplinary System Of Saudi Arabia And Kuwait: An Islamic Perspective And A Comparative Overview, Abd El-Mahdi Massadeh
An Analysis Of The Civil Service Disciplinary System Of Saudi Arabia And Kuwait: An Islamic Perspective And A Comparative Overview, Abd El-Mahdi Massadeh
Penn State International Law Review
No abstract provided.
Environmental Warfare And The Persian Gulf War: Possible Remedies To Combat Intentional Destruction Of The Environment, Marc A. Ross
Environmental Warfare And The Persian Gulf War: Possible Remedies To Combat Intentional Destruction Of The Environment, Marc A. Ross
Penn State International Law Review
No abstract provided.
Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock
Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Taiwan Re-Recognized: A Model For Taiwan's Future Global Status, Michael E. Mangelson
Taiwan Re-Recognized: A Model For Taiwan's Future Global Status, Michael E. Mangelson
BYU Law Review
No abstract provided.
Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr
Can You Bank On It? Italy's Response To The Second Banking Directive Of The European Community, Jeffrey A. Orr
BYU Law Review
No abstract provided.
Germany Reunified: International And Constitutional Problems, Helmut Steinberger
Germany Reunified: International And Constitutional Problems, Helmut Steinberger
BYU Law Review
No abstract provided.
Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman
Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman
UC Law SF International Law Review
Britain will return sovereignty over Hong Kong to the People's Republic of China (PRC) in 1997. Britain and the PRC have agreed that Hong Kong law will remain in effect until at least 2047. Using defamation law as an example, this Note explains why this agreement actually offers little protection or reassurance to the people of Hong Kong. Hong Kong law as written and Hong Kong law as enforced by the British differ greatly. Recently actions of the PRC government, particularly the Tienamen Square Massacre, suggest that the PRC is likely to enforce the laws in their stricter, written form. …
Privacy In German Employment Law, Robert G. Schwartz Jr.
Privacy In German Employment Law, Robert G. Schwartz Jr.
UC Law SF International Law Review
The computer and technological revolutions have made it possible for employers to collect enormous quantities of personal information on their employees. American legislators are only beginning to recognize the potential dangers to employee privacy. Germany, on the other hand, has a long history of protecting employees from the intrusive behavior of their employers. This Article outlines the constitutional and statutory protection afforded German workers. The author particularly examines issues related to gathering and storing personal information, including the results of required medical tests.
Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim
Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim
UC Law SF International Law Review
With the explosion of economic growth in the Pacific Rim, Korea is an increasingly attractive place for foreign investment. This Article introduces foreign investors and attorneys to laws governing foreign investment in Korea. After examining the recent government efforts to encourage foreign investment, the Article analyzes the most important bodies of law governing foreign investment.
U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan
U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan
UC Law SF International Law Review
This Note examines the U.S. Government's sugar program and the criticism it has received. After outlining the history of the program, the author describes current law and its adverse effect on U.S. consumers. Next, the Note examines how the sugar program undermines U.S. trade and foreign policy goals. The author concludes by recommending that the U.S. express a willingness to change its policy in the current round of GATT negotiations to provide impetus for multilateral reduction of agricultural protectionism.
Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman
Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman
UC Law SF International Law Review
In two landmark decisions, the Inter-American Court of Human Rights recently found that the Government of Honduras was responsible for the politically-motivated kidnappings and murders of two Honduran nationals. This Article examines these decisions and evaluates the advisory role given the victims' lawyers in the proceedings. The author argues that such indirect participation by the victims and their families is unsatisfactory. The Article concludes that the international system for investigating and punishing human rights abuses would benefit from direct representation of the victims.
Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown
Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown
UC Law SF International Law Review
This Article examines the treatment of the step-transaction doctrine in the United States and the United Kingdom. The author notes that in transactions not involving a legitimate business motive, both U.S. and U.K. courts will apply a substance over form approach in determining the tax consequences. In any transactions with a non-tax avoidance purpose, however, courts in both countries are reluctant to take the same approach. In those cases, form rules over substance. The author believes this distinction is illogical. This Article proposes that courts take a substance over form approach in all cases, regardless of whether there is a …
The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas
The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas
UC Law SF International Law Review
The European Court of Justice has taken an activist approach to protecting human rights. Most scholars approve of this. However, one scholar, Hjalte Rasmussen, has been sharply critical of the ECJ's activism. This Comment addresses Rasmussen's criticisms and rebuts them. Because Rasmussen compares the ECI and the U.S. Supreme Court, the author discusses the similarities between the two courts and addresses the criticism of U.S. Supreme Court activism by Robert Bork in his book The Tempting of.America. The author ends with an argument in support of a purposive theory of constitutional interpretation.
Dual Nationality In France And The United States, Simone Tan
Dual Nationality In France And The United States, Simone Tan
UC Law SF International Law Review
As society becomes increasingly global, more and more Americans are living abroad. As a result, dual nationality is increasingly common. This Note argues that the United States should adopt legislation making it easier for Americans living abroad to pass their citizenship on to their children. The author uses France's experience with its dual nationals as an example for the United States of how this situation can be handled effectively. The Note argues that by drawing on the principles of the French solution, the United States could keep the goodwill and tax dollars of its citizens living abroad.
The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint
The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint
UC Law SF International Law Review
Cases on political speech in different constitutional systems may illuminate important presuppositions of those systems. Pursuing this theme, this Article compares decisions on flag desecration in the United States and the Federal Republic of Germany. In the United States, where protection aginst seditious libel has been rejected as a legitimate governmental interest, arguments for penalizing flag desecration must assert implausible governmental interests. In contrast, the German Constitutional Court frankly acknowledges that the state may sometimes penalize flag desecration to avoid the impairment of governmental authority. In conclusion the author questions whether the German doctrine, which may have been justifiable in …
Trade, Environment, And Sustainable Development: A Primer, Robert Housman, Durwood Zaelke
Trade, Environment, And Sustainable Development: A Primer, Robert Housman, Durwood Zaelke
UC Law SF International Law Review
Free trade policy and environmental policy are often at odds. Experts on both sides, however, are beginning to realize that sustainable development is the best hope for long-term international economic prosperity. Given the environmental crisis the world is facing, both sides must work to reconcile the legal relationship between trade agreements and environmental agreements if sustainable development is to be achieved and maintained. Accordingly, this Article surveys trade agreements, including the General Agreement on Tariffs and Trade, and environmental agreements for possible conflicts. The Article concludes with a brief discussion of options for reducing or eliminating such conflicts.
Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith
Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith
UC Law SF International Law Review
Amid a region characterized by urban chaos and environmental neglect, Singapore stands out as an exemplary model of urban environmentalism. Through conscientious planning and comprehensive regulation, Singapore sets the standard for developing nations throughout Southeast Asia and is assuming the role of a regional leader in environmental affairs. Although there are deficiencies with parts of its environmental policy, Singapore is ahead of many of its neighboring countries and offers hope for this environmentally and economically critical region.
Arbitrating In Thailand, Jahan P. Raissi
Arbitrating In Thailand, Jahan P. Raissi
UC Law SF International Law Review
Thailand has one of the developing world's strongest economies. The growth of the Thai economy has been fueled largely by foreign investment. As foreign investment in Thailand continues, disputes between foreign enterprises and their Thai counterparts are inevitable. One method for resolving these disputes is through arbitration at the new Arbitration Office in The Ministry of Justice. This note examines Thailand's 1987 Arbitration Act, the 1990 Arbitration Rules, and some other factors involved in arbitrating in Thailand. The note concludes that many of the potential advantages of arbitration are lost under the Thai rules and therefore arbitrating in Thailand is …
Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber
Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber
All Faculty Scholarship
No abstract provided.
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
All Faculty Scholarship
No abstract provided.
Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford
Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford
Penn State International Law Review
No abstract provided.
The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii
The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii
Penn State International Law Review
No abstract provided.