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Articles 1 - 30 of 60
Full-Text Articles in Law
Medicine And Human Rights: Emerging Substantive Standards And Procedural Protections For Medical Decision-Making Within The American Family, Charles Baron
Charles H. Baron
Also appears in The Resolution of Family Conflict: Comparative Legal Perspectives, edited by John M. Eekelaar and Sanford N. Katz, 575-610. Toronto: Butterworths, 1984.
Summa Corporation V. California Ex Rel. State Lands Commission, Lewis F. Powell, Jr.
Summa Corporation V. California Ex Rel. State Lands Commission, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Regulation Of Foreign Investment In Brazil: A Critical Analysis, Keith S. Rosenn
Regulation Of Foreign Investment In Brazil: A Critical Analysis, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Law And Agrarian Reform In Costa Rica: The Legislative Phase (Part Ii), James P. Rowles
Law And Agrarian Reform In Costa Rica: The Legislative Phase (Part Ii), James P. Rowles
University of Miami Inter-American Law Review
No abstract provided.
Close Corporations And Private Companies Under American And English Law: Protecting Minorities, Stephen J. Leacock
Close Corporations And Private Companies Under American And English Law: Protecting Minorities, Stephen J. Leacock
University of Miami Inter-American Law Review
No abstract provided.
A Comparative Review Of States' Recognition Of Reduced Degrees Of Felony Murder
A Comparative Review Of States' Recognition Of Reduced Degrees Of Felony Murder
Washington and Lee Law Review
No abstract provided.
El Ministerio Publico En Venezuela Y El Derecho Ambiental, Pedro J. Mantellini González
El Ministerio Publico En Venezuela Y El Derecho Ambiental, Pedro J. Mantellini González
University of Miami Inter-American Law Review
No abstract provided.
An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock
An Overview Of Comparative Environmental Law (With P. Tarek), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Medieval English County Court, Stephen D. White
The Medieval English County Court, Stephen D. White
Michigan Law Review
A Review of The County Courts of Medieval England, 1150-1350 by Robert C. Palmer
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
A Comparative Perspective On Legal Evolution, Revolution, And Devolution, Laura Nader
Michigan Law Review
A Review of Courts--A Comparative and Political Analysis by Martin Shapiro, and Lawsuits and Litigants in Castile, 1500-1700 by Richard L. Kagan
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Roman Law Influence On The Civil Law, Charles Donahue Jr.
Michigan Law Review
A Review of The Making of the Civil Law by Alan Watson
Access To Justice And The Welfare State, Michigan Law Review
Access To Justice And The Welfare State, Michigan Law Review
Michigan Law Review
A Review of Access to Justice and the Welfare State edited by Mauro Cappellitti
The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard
The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard
Michigan Law Review
A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley
Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer
Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer
UC Law SF International Law Review
The United States and Sweden are both highly industrialized nations whose workers are exposed to similar risks and substances. Thus, the legal problems surrounding worker protection from occupational hazards are similar. Traditions and cultural differences, however, have influenced the direction each country has taken in this area. In light of these differences, the author reviews some recent changes in Swedish occupational safety and health law and examines the important differences between the Swedish and United States approaches. She concludes that although neither country would benefit from the wholesale adoption of the other's program, each could effectively borrow ideas that proved …
Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow
Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow
UC Law SF International Law Review
The Accident Compensation Act (ACA) of New Zealand provides a uniform system of rehabilitation and compensation for personal injury or death resulting from accidents in New Zealand. This Article examines how the private international law provisions of the Act apply in aviation product liability. The Sixth Circuit case of Bennett v. Enstrom Helicopter Corp. is extensively analyzed. The author argues that the trial and appellate courts in Bennett, in holding the ACA has the exclusive remedy, misinterpreted substantive New Zealand law on recovery for injury or death. She mentions that the ACA left areas of "residual liability" and that Bennett …
Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.
Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.
UC Law SF International Law Review
No abstract provided.
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
UC Law SF International Law Review
Despite recent considerations weighing against future 'development of nuclear power there are problems created by the substantial number of existing nuclear power plants. Whereas the building and operation of nuclear facilities are covered by detailed legislation, very little attention has been given to nuclear reactor decommissioning. Decommissioning involves the permanent shutdown of a nuclear facility and it is a significant concern as nuclear power plants grow older and more obsolete. This Note discusses what decommissioning is and why it is important and examines the decommissioning policies of three nations with active nuclear power industries: the United States, West Germany, and …
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
UC Law SF International Law Review
Oligopoly industry structure, where a small number of firms dominate a large percentage of the market, is prominent in American business. Antitrust scholars debate about how an oligopoly firm sets its prices and whether the prices are competitive. Some scholars believe that United States law allows oligopolists to avoid detecting and punishment for collusive pricing activities. This Note compares two approaches to proving collusion in oligopolistic industries. One approach is proposed by Richard A. Posner and the other is presently utilized by the European Court of Justice for the European Economic Community. The author urges that United States courts adopt …
Allowing Federal Courts Access To International Court Of Justice Advisory Opinions: Critique And Proposal, William T. Mclaughlin Ii
Allowing Federal Courts Access To International Court Of Justice Advisory Opinions: Critique And Proposal, William T. Mclaughlin Ii
UC Law SF International Law Review
Supporters of the idea that the rule of law should govern the world community have generally been disappointed by the meager role the International Court of Justice (ICJ) has played in international affairs and in the development of international law. Most of the explanations for the ICJ's underuse point to a single factor: that the vast majority of nation states, including the United States, choose not to risk their interests to the judgment of an independent international tribunal. This Note first examines two suggested modifications of the ICJ as proposed by the United States Congress and the American Bar Association. …
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
UC Law SF International Law Review
In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …
Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern
Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern
UC Law SF International Law Review
The antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934 may apply to securities sold exclusively to nonresident aliens. The extraterritorial application of these provisions is allowed only when United States Courts have subject matter jurisdiction over the transaction under principles of international law. Case law examines the relationship among four variables to determine whether United States Courts will assert or deny jurisdiction. This Article proposes a matrix model that uses these four variables to assist in the determination of jurisdiction. The matrix model is a tool which clarifies the variables involved in the jurisdictional …
The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik
The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik
UC Law SF International Law Review
The December 1982 dissolution of the Bundestag, in order to make way for new elections, was only the second time in the thirty-five year history of the Federal Republic that such an event occurred. The 1949 Bonn Constitution provides severely restrictive provisions regarding early dissolution. The Federal Constitutional Court, however, upheld the dissolution proceedings. This Article investigates the legal issues raised by the early dissolution, and the Constitutional Court's decision as to its constitutionality. It also discusses several proposals which have been made which would amend the Bonn Constitution to permit easier dissolution. The dissolution marked an important milestone in …
United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg
United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg
UC Law SF International Law Review
Less than five months after the United States and China signed an agreement to promote and expand trade an antidumping petition was filed against China. This was one of the first times China had been a party to litigation in the United States since Normalization of relations in 1979. In the future the antidumping issue may be one of the most significant barriers to the development of United States-China trade relations. This article examines the general framework of United States antidumping laws, the key issues which have emerged in proceedings and the antidumping cases decided or pending. It also examines …
Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton
Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton
UC Law SF International Law Review
Chile withdrew from the Andean Common Market (ANCOM) in 1976 and ceased to follow ANCOM's foreign investment code Decision 24. Since that time ANCOM and Chile have effected changes in their foreign investment codes. ANCOM introduced flexibility into Decision 24 which brought the Decision more in line with prevailing economic conditions without altering its basic theoretical outlook. Chile, on the other hand, passed an amendment to its already liberal national foreign investment statute. The amendment further opened the door to unrestricted foreign investment in Chile and has, in the author's view, contributed to a loss of national control over the …
West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman
West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman
UC Law SF International Law Review
With the development of cable television, direct broadcast satellite and other new broadcast technologies, television systems throughout the world have been thrown into a period of rapid transition. Against this quickly evolving background the West German Constitutional Court has held for the last 33 years to a vision of television as a catalyst of community and servant of the democratic process. This Note is the first American examination of the legal basis for what has been a public broadcasting monopoly in West Germany. The Note offers a close analysis of the three seminal television decisions of the Constitutional Court, as …
The Extraterritorial Application Of German Antitrust Law, David J. Gerber
The Extraterritorial Application Of German Antitrust Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
British Anti-Discrimination Law: An Introduction, Christopher Mccrudden
British Anti-Discrimination Law: An Introduction, Christopher Mccrudden
Penn State International Law Review
The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.
The inadequacies of the common law and statutes stimulated several …
Empirical Research About Law: The German Picture With Comparisons And Observations, Robert A. Riegert
Empirical Research About Law: The German Picture With Comparisons And Observations, Robert A. Riegert
Penn State International Law Review
While studying current legal developments in West Germany during the summer of 1979, the author became convinced that the most important development in German law in the past two decades was the movement toward empirical research about law. This research is often referred to by German jurists as fact research in law. During the intervening years, the author has been able to trace dome major developments of this movement.
The principal aim of this article is to furnish information to the American legal community about social-fact research in law resulting from the German experience. Discussion of Germany's experience is appropriate …
Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano
Investment And The Andean Pact: From Political Response To Legal Structures To Safe Harbors, Robert Carcano
Penn State International Law Review
The Latin American experience clearly establishes that economic development involves profound social and political change. Despite modernization efforts, economuc benefits eluded Latin American leaders. This fact led to the widespread perception that a new international legal strucure had to be forged if the region's myriad social concerns were to be addressed. Regional economic integration was a necessary first step.
Integration enabled Latin American statesmen to address insurmountable national problems on a regional level. In the Latin American context, however, economic integration efforts became intertwined with the new nationalism. Despite this beginning, the structures that eventually arose formed a relationship which …
People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han
People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han
UC Law SF International Law Review
As part of the People's Republic of China's continued effort to strengthen and define its legal system, the Fifth National People's Congress promulgated the Income Tax Law Concerning Foreign Enterprises. This enactment reflected the Chinese Government's recognition that clear tax rules were needed which would assist tax planning by foreign investors. The Law and its accompanying Regulations were designed to fill major gaps in China's taxation system by reaching previously ignored major sources of income. This Article provides a general introduction to the various provisions of the Foreign Enterprise Tax Law and Regulations which remain unclear due to the newness …