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Articles 1 - 30 of 44
Full-Text Articles in Law
Dispute Resolution In China, Robert F. Utter
Dispute Resolution In China, Robert F. Utter
Washington Law Review
It gives me great pleasure to submit this essay as part of a tribute to Professor Luvern Rieke. I first met him in his initial year of teaching contracts at the University of Washington, when I was a beginning law student. We later worked together in a variety of contexts including ecumenical religious projects; matters concerning domestic relations subjects when I served on the King County Superior Court bench; and on the Judicial Council, where I served as a member of the Washington State Supreme Court. To each role he brought a unique combination of personal qualities: he was thoughtful, …
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart
Indiana Law Journal
No abstract provided.
Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch
Medieval Universities, Germany And The United States: On Comparative Legal Education, Walter Otto Weyrauch
BYU Law Review
No abstract provided.
The Universal And The Particular In Legal Discourse, George P. Fletcher
The Universal And The Particular In Legal Discourse, George P. Fletcher
BYU Law Review
No abstract provided.
Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks
Birth Of A Nation: The Republic Of Palau Is Recognized As A Foreign Sovereign Under The Foreign Sovereign Immunities Act Of 1976-Morgan Guaranty Trust V. Republic Of Palau, 639 F. Supp. 706 (S.D.N.Y. 1986), Mark Christian Hendricks
BYU Law Review
No abstract provided.
The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato
The Role Of Law And Lawyers In Japan And The United States, Masanobu Kato
BYU Law Review
No abstract provided.
Corporate Extortion In Japan: Sokaiya Endure Commercial Code Amendment, Dean L. Rostrom
Corporate Extortion In Japan: Sokaiya Endure Commercial Code Amendment, Dean L. Rostrom
BYU Law Review
No abstract provided.
The Triumph Of Justice, Stephan Landsman
The Triumph Of Justice, Stephan Landsman
Michigan Law Review
A Review of The Affair: The Case of Alfred Dreyfus
Freedom Of Speech, Melissa H. Maxman
Freedom Of Speech, Melissa H. Maxman
Michigan Law Review
A Review of Freedom of Speech by Eric Barendt
Crime And The Courts In England 1660-1800, Frank C. Shaw
Crime And The Courts In England 1660-1800, Frank C. Shaw
Michigan Law Review
A Review of Crime and the Courts in England 1660-1800 by J.M. Beattie
The Foreign Sovereign Immunities Act: The Relationship Between The Commercial Activity Exception And The Noncommercial Tort Exception In Light Of De Sanchez V. Banco Central De Nicaragua, Stella Havkin
UC Law SF International Law Review
Sovereign immunity permits a government and its agents to claim immunity from prosecution in the courts of other nations. In 1976 the United States enacted the Foreign Service Immunities Act adopting a restrictive sovereign immunity policy. This Act included two exceptions under which a foreign sovereignty can be denied immunity: the commercial activity exception and the noncommercial tort exception. The Fifth Circuit Court of Appeals in De Sanchez v. Banco Central de Mexico recently announced new tests to determine the application of both exceptions. This Note analyzes the two exceptions and their past interpretation by the courts. It then discusses …
The Role Of Contract Law In Developing The Chinese Legal Culture, David A. Hayden
The Role Of Contract Law In Developing The Chinese Legal Culture, David A. Hayden
UC Law SF International Law Review
The economic reforms initiated during the past decade in China have created an additional need for legal reforms. One reform which greatly affects commercial transactions between Chinese and foreign entities is the establishment of a legal framework for analyzing contractual relationships. This Article outlines some of the provisions of the Economic Contract Law, which governs contracts between Chinese entities, and the Foreign Economic Contract Law, which governs contracts used in foreign trade. After noting the interdependence of these laws, the author examines the treatment of several issues which are of great concern to foreign businesses, including choice of law, contract …
Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein
Soviet And American Law On Religion: Freedom Of Conscience Versus Free Exercise, Ellen Ruth Hornstein
UC Law SF International Law Review
The Soviet and American bodies of law on religion are similar in some respects, despite drastically different ideological and political foundations. This Article compares Soviet and American law on religion. It first compares the common law system used by the United States to the civil law system of the Soviet Union. It next examines the politics, ideologies and traditions underlying Soviet and American law on religion and provides a general look at the rights afforded to individuals. The discussion highlights the similarities and differences between Soviet constitutional guarantees and American first amendment rights. It points out that the texts of …
A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud
A Primer Of United States Tax Considerations For The Foreign Investor, Nicholas S. Freud
UC Law SF International Law Review
The impact of the United States' Tax Reform Act of 1986 has been significant. The Act has created a favorable tax environment that may well stimulate increased foreign investment in the United States. This Article sets out the fundamentals of the income, estate, and gift taxation of nonresident alien individuals and their estates under the Act. The Article first provides an analysis of the question of residence, as taxation varies considerably depending upon an alien's classification. 'The author further discusses the applicable tax bases, withholding requirements, and planning considerations. Finally, the author concludes that the income tax rules generally encourage …
Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon
UC Law SF International Law Review
In June 1984 an administrative body of the Israeli legislature voted to bar two parties from participating in the July 1984 parliament elections. The Committee banned the parties because they were "antistate" and "antidemocratic." In Naiman v. Chairman of the Central Elections Committee, the Israeli Supreme Court unanimously reversed the Committee and allowed both parties to run. This Article first discusses the background to the Naiman case and then considers in detail the separate opinions of the justices. The Article next summarizes the ways in which the United States and Germany (the only two states with comparable systems and significant …
Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen
Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen
UC Law SF International Law Review
The past decade has been a period of expanding opportunities for foreign companies wishing to conduct business in the People's Republic of China. Nonetheless, many pitfalls remain for businesses unprepared to deal with the current legal, business, and social climates in China. This Article outlines some of the factors that should be considered by attorneys when planning business and negotiation strategies for foreign businesses. The author analyzes such issues as the amount of documentation required for commercial transactions, the effects of the Chinese bureaucracy, and the role of attorneys in negotiations. The author also discusses negotiation strategies, including the formation …
Entering China Through The Sez Open Door, William N. Post Ii
Entering China Through The Sez Open Door, William N. Post Ii
UC Law SF International Law Review
One of the most important steps taken by the People's Republic of China in establishing its "open door" policy towards foreign businesses has been the establishment of four Special Economic Zones (SEZs). This Article outlines the objectives to be achieved through the SEZs, the extent to which these goals have been attained, and the advantages which accrue to foreign businesses by operating in SEZs. After enumerating the preferences available to foreign businesses that operate in the SEZs, the author describes the functions of the U.S. China Shantou Technology Trade Investment Resource, Ltd., which was established to facilitate entry into the …
Licensing In China: Practical Considerations And Tax Implications, Arthur Ho
Licensing In China: Practical Considerations And Tax Implications, Arthur Ho
UC Law SF International Law Review
The opening of the People's Republic of China to foreign investors has provided significant benefits: China has received aid in its plan for economic modernization and foreign companies have discovered new opportunities for trade and investment. Foreign investments generally have taken one of two forms: equity joint ventures and cooperative joint ventures. This Article first explains and compares the workings of and tax rules applicable to these two forms of investment. The author then notes that, because of the emphasis of the Chinese on the transfer of technology, direct investment is often preceded by licensing agreements. The author provides practical …
Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni
Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni
UC Law SF International Law Review
The growth of the Hong Kong securities market over the last twenty years has been marked by speculation, volatile securities prices, and widespread trading abuses. One important factor affecting the behavior of Hong Kong investors has been the flow of information to the market. For the most part, trading in the Colony is fed by rumors. The use of rumors in making investment decisions adversely affects the integrity of the market since most investors are unable to distinguish between rumors and facts. At the same time, a number of individuals have access to inside information because of their positions in …
The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust
The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust
UC Law SF International Law Review
Traditional international law generally condemns acts of terrorism and violations of human rights. The United Nations also condemns such actions. This Article first examines the legal responsibility of all nations to respect and protect human rights within their borders. It then discusses the legal responsibility of all countries to protect human rights outside their own borders. Under both the United Nations Charter and general principles of customary international law, every state has a duty to refrain from assisting or even tolerating known terrorist activities. The author analyzes United States precedent and points out that this duty has been acknowledged by …
Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan
Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan
UC Law SF International Law Review
Governments often impose trade related investment measures (TRIMs) on foreign investors in local manufacturing ventures. These controls are designed to benefit the host country, often to the detriment of the foreign company's home country. This Article initially describes the problems associated with the use of TRIMs. It then discusses various international solutions being considered to curtail the use of TRIMs. Finally, the authors analyze current and proposed measures to strengthen GATT coverage of TRIMs. The authors conclude with a study of the effect of new international TRIM measures on socialist countries.
The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell
The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell
UC Law SF International Law Review
Wholly foreign-owned business enterprises have been allowed in the People's Republic of China since 1980, but the Chinese Government did not promote their use. This situation changed in 1986, when the Government promulgated the Foreign Enterprises Law, which provided the legal framework for establishing foreign enterprises without a Chinese partner. This Note examines the Law's effectiveness in expanding foreign economic cooperation. It initially discusses the background of equity joint ventures and wholly foreign-owned enterprises in enterprises in China. The Note then examines the Law in depth to determine if its implementation will encourage foreign investors to establish wholly owned enterprises …
Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy
Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy
UC Law SF International Law Review
This Article explores the discretionary powers exercised by the executive branch in the field of international trade. It initially describes the discretionary powers of the executive branch under United States trade laws. The Article then turns to a consideration of the executive branch's power to negotiate voluntary trade restraint agreements with foreign trading partners. The author asserts that these negotiations are undertaken without congressional delegation of power; the executive branch is thus engaging in unconstitutional acts. Finally, the author considers several proposals for modifying trade relief law to properly restore congressional responsibility.
The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping
The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping
Michigan Journal of International Law
Part II of this note explains the relevance of using U.S. direct investment in Central America as a starting point for encouraging employee ownership. Part III describes the essential legal framework of the ESOP in the U.S., providing a framework from which to adapt the ESOP to other countries. Part IV argues that all parties participating in this form of expanded ownership will realize significant short and long-term benefits, but points out some problems of transferring ESOPs, a U.S. legal innovation, to different cultural and business environments. Part V presents some of the legal and economic issues of adapting ESOPs, …
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
Maryland Series in Contemporary Asian Studies
No abstract provided.
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay
Penn State International Law Review
There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …
Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca
Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca
Penn State International Law Review
The eight questions discussed in this article are as follows: (1) Why is new legislation needed in the field of product liability? (2) What should be the basis of a new regime of product liability? (3) Who should be liable? (4) What products should be subject to a new regime of product liability? (5) Who should be entitled to sue? (6) What defenses shall be allowed? (7) What damage should be compensated? (8) How long should the producer's liability last?
"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar
"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar
Penn State International Law Review
This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.
Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli
Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli
UC Law SF International Law Review
Since 1961, exploration of Antarctica has been governed by the 1959 Antarctica Treaty. The treaty suspended territorial claims to the region for thirty years, declared the area a demilitarized and nuclear-free zone, and encouraged scientific cooperation among its parties. There is now evidence that the region contains valuable minerals, petroleum and natural gas. The treaty will soon expire and there are many parties interested in developing the possible wealth of the region. Unresolved issues of sovereignty and resource development must now be resolved. This Note discusses possible approaches to the problem of ownership, including the two major theories of "exclusive …
New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han
New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han
UC Law SF International Law Review
Since 1978 the People's Republic of China has permitted foreigners to invest in domestic enterprises. While foreign investors were initially enthusiastic about entering the Chinese market, enthusiasm turned to disappointment when they discovered the realities of doing business in China. The problems experienced by the foreigners have included shortages of foreign exchange, high input costs, unpredictable tax treatment, and bureaucratic errors. In an attempt to alleviate some of these problems, the Chinese Government recently enacted the State Council Regulations Concerning Encouragement of Foreign Investment. Following the lead of the national government, regional governments have also adopted rules to encourage foreign …