Law Commons^™

Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

Michigan Law Review

The present Article demonstrates the error of this universalist theory of plea bargaining by showing how and why one major legal system, the West German, has so successfully avoided any form or analogue of plea bargaining in its procedures for cases of serious crime. The German criminal justice system functions without plea bargaining not by good fortune, but as a result of deliberate policies and careful institutional design whose essential elements are outlined in Part I. Part II addresses the American claims that a clandestine plea bargaining system lurks behind veils of German pretense.

What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.

Michigan Law Review

Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …

Latin American Economic Integration, Dr. Stanley F. Rose

University of Miami Inter-American Law Review

No abstract provided.

Employment In The Federal Civil Service-- Aliens Need Not Apply: Vergara V. Hampton, 581 F.2d 1281 (7th Cir. 1978), Bruce A. Metzger

University of Miami Inter-American Law Review

No abstract provided.

Civil Appeals: English And American Approaches Compared, Delmar Karlen

William & Mary Law Review

No abstract provided.

The Rights Of Man Today. By Louis Henkin., Irwin P. Stotzky

University of Miami Inter-American Law Review

No abstract provided.

The Associated States Of The Commonwealth Caribbean: The Constitutions And The Individual, William C. Gilmore

University of Miami Inter-American Law Review

No abstract provided.

Argentine Jurisprudence: Deltec Update, Michael Wallace Gordon

University of Miami Inter-American Law Review

No abstract provided.

The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review

Michigan Law Review

A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy

Litigation And Mediation In Thailand, Sally Falk Moore

Michigan Law Review

A Review of Code and Custom in a Thai Provincial Court by David M. Engel

A Significant Contribution To The Literature Of Comparative Law, Arthur T. Von Mehren

Michigan Law Review

A Review of An Introduction to Comparative Law: Vol.I, The Framework; Vol. II, The Institutions of Private Law by Konrad Zweigert and Hein Kötz

The Greek Concept Of Justice, Michigan Law Review

Michigan Law Review

A Review of The Greek Concept of Justice by Eric A. Havelock

Comparative Family Law: Law And Social Change?, Charles Donahue Jr.

Michigan Law Review

A Review of State, Law and Family: Family Law in Transition in the United States and Western Europe by Mary Ann Glendon

South Africa: Using The Law To Establish And Maintain A Pigmentocracy, Rex S. Heinke

Michigan Law Review

A Review of Human Rights and the South African Legal Order by John Dugard

Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham

UC Law SF International Law Review

In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.

Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman

UC Law SF International Law Review

This article describes in general terms the Japanese domestic tax treatment of the foreign income of Japanese corporations. This topic has become of increasing importance to American attorneys, businessmen and legal scholars as international trade and investment between Japan and the United States have grown. The author discusses the source rules, taxation of undistributed profits of designated tax haven subsidiaries, the foreign tax credit and domestic provisions affecting foreign income. The article concludes with an evaluation of the neutrality of the Japanese taxation of the foreign income of Japanese corporations.

The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman

UC Law SF International Law Review

The authors discuss alleged Japanese trade secret violations in the semiconductor industry and various protective mechanisms available to United States industry on domestic and international levels. They propose a possible remedy, for the violations alleged, within a general framework of protections against unfair trade practices.

Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui

UC Law SF International Law Review

This note contains, for the practitioner's use, an index of most bilateral treaties between the United States and Japan. This index is intended to aid attorneys in the complex area of treaty law between the United States and Japan.

Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley

UC Law SF International Law Review

If a Japanese computer manufacturer induces a California competitor's former employee to disclose trade secrets in violation of a postemployment agreement, then a California corporation has substantive and jurisdictional grounds on which to build a case not only against the ex-employee but also against the Japanese manufacturer. Particularly involved on the issue of jurisdiction over the alien defendant is a 1977 New Hampshire District Court case that parallels this situation, Centronics Data Computer Corporation v. Mannesmann.

The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock

UC Law SF International Law Review

A.post-transaction change of domicile by one of the parties to a law suit raises important questions which the court must answer in determining what law to apply to the transaction. The author examines and analyzes policy considerations in two types of cases: those in which the application of the law of the new domicile would favor the changing party and those in which it would work to his or her disadvantage.

The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard

UC Law SF International Law Review

The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.

Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay

UC Law SF International Law Review

Since the ratification in Helsinki in 1975 of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Soviet bloc nations have resisted effective implementation of many agreed upon provisions of the Act, particularly those dealing with Human Rights. In the process of outlining the flaws in the Soviet position, the authors suggest specific steps to guide Western negotiators at the 1980 CSCE meeting in Madrid.

Restraints On Executive Emergency Power In The United States And Canada, James S. Fay

UC Law SF International Law Review

The United States and Canada grant extensive emergency powers to their Chief Executives in time of crisis. Limited restrictions by the courts and particularly by the legislatures on the invocation and use of such powers may pose a long term threat to democratic institutions in both nations.

The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas

UC Law SF International Law Review

The author guides investors and their attorneys through the complexities of the 1977 Argentine Transfer of Technology Law. The law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American countries.

Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley

UC Law SF International Law Review

No abstract provided.

Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang

UC Law SF International Law Review

No abstract provided.

Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis

UC Law SF International Law Review

On March 31, 1978, the United Nations Conference on the Carriage of Goods by Sea adopted the Hamburg Rules to replace the Hague Rules of 1924 as the guiding instrument on international carriage of goods by sea. The new rules embody several changes in the liability for cargo damaged or lost in transit by sea. This Note focuses on the two most important substantive changes: The elimination of the so-called "catalogue of exemptions," and the change in the maximum liability limitation.

Current Studies In Japanese Law, Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, Richard O. Briggs

Books

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law in Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

During the 1960's interest in Japan continued to develop among law faculty members, but an even more important development was the increase …

Antidumping Law In Japan, Gary Saxonhouse

Michigan Journal of International Law

The Japanese antidumping law neither works nor is it practiced. Until very recently, it has been a case of managed economy, with extensive government-business interaction obviating the need to use antidumping laws. While some legislation has been on the books, there's never been an action filed under the available legal framework for antidumping actions.

The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau

Journal Articles

This article examines the jurisdictional problems that might arise when a plaintiff attempts to enforce a foreign judgment in France against a French national or domicilary. The statement of a hypothetical case is followed by a description and analysis of the substantive French Law, as well as the recently enacted EEC Convention on the Enforcement of Judgments. The application of these legal principles to the facts of the hypothetical case demonstrates unequivocally the unbending nationalistic orientation of the jurisprudence: French courts have construed the relevant Code provisions to grant them exclusive jurisdiction to hear matters involving French nationals or domicilaries. …