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Articles 31 - 60 of 101
Full-Text Articles in Comparative and Foreign Law
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 …
"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman
"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman
Michigan Journal of International Law
This article will explore the constitutional debate over alien suffrage in the FRG, both for its own interest and in order to compare it with understandings of alien suffrage in the United States. As the interdependence of national economies deepens and regional "common market" arrangements multiply, more nations (including the United States) may be called upon to rethink the question of alien suffrage. The thoroughness and the explicitness with which the German legal community has debated this issue has brought to the surface arguments and assumptions that remain latent in U.S. commentary on the political status of aliens. Thus, the …
Germany's Legal Protection For Women Workers Vis-À-Vis Illegal Employment Discrimination In The United States: A Comparative Perspective In Light Of Johnson Controls, Carol D. Rasnic
Michigan Journal of International Law
This article will review the major German laws affecting women in the workplace, including clarification of the rationales of the German Bundestag (parliament). Comparative remarks regarding U.S. law and an analysis of Johnson Controls will place the two bodies of law in juxtaposition. Finally, an explanatory historical overview will allow the reader to draw his or her own conclusions as to the preferred view of the legal status of the working woman.
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Michigan Journal of International Law
This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Reviews
Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …
June Starr's Law As Metaphor: From Islamic Courts To The Palace Of Justice (Book Review), David M. Engel
June Starr's Law As Metaphor: From Islamic Courts To The Palace Of Justice (Book Review), David M. Engel
Book Reviews
No abstract provided.
Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty
Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
LLM Theses and Essays
One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …
A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su
A Review Of Taiwan’S Fair Trade Law Draft By Referring To The U.S. Antitrust Laws, Min-Huang Su
LLM Theses and Essays
Due to the rapid industrialization and commercialization of Taiwan’s economy, many of Taiwan’s old laws regulating economic activity have been rendered obsolete. The lack of proper regulation of modern economic activities has led to the formation of many monopolies and oligopolies in Taiwan which practice price-fixing and output restrictions. The Taiwanese government has responded to this problem with a new antitrust statute, known as the Fair Trade Law (FTL), and a draft FTL was formally adopted in 1986. The strengths and weaknesses of the draft FTL are analyzed with regards to monopolies and oligopolies, mergers and combinations, and concerted actions. …
Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii
LLM Theses and Essays
American politicians and businessmen have criticized the Antimonopoly Act, Japanese antitrust legislation, for allowing horizontal restraints on trade known as cartels. This paper compares and contrasts U.S. antitrust laws with regards to horizontal restrains on trade from that of Japan. A highlighted difference between U.S. and Japanese antitrust legislation is the use of exemptions. The Antimonopoly Act provides for more exemptions immunizing a cartel, such as exceptions for cartels formed during a depression or when the defendants have little market power, than does similar legislation in the U.S. To illustrate how the exemption for cartels in a depressed industry applies …
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
Faculty Articles and Papers
No abstract provided.
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.
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
Faculty Scholarship
No abstract provided.
Judicial Review Of Administration In The People's Republic Of China, Jyh-Pin Fa, Shao-Chuan Leng
Judicial Review Of Administration In The People's Republic Of China, Jyh-Pin Fa, Shao-Chuan Leng
Maryland Series in Contemporary Asian Studies
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.
The Prospects For An International Criminal Court In The 1990s, Joel Cavicchia
The Prospects For An International Criminal Court In The 1990s, Joel Cavicchia
Penn State International Law Review
No abstract provided.
National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law
National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law
Penn State International Law Review
No abstract provided.
Eastern Europe's Policy Of Restitution Of Property In The 1990s, Michael L. Neff
Eastern Europe's Policy Of Restitution Of Property In The 1990s, Michael L. Neff
Penn State International Law Review
No abstract provided.