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Articles 11731 - 11760 of 14134
Full-Text Articles in Law
Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo
Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo
UC Law SF International Law Review
The trend toward a global securities market has been hindered by divergent national accounting and auditing standards. The increasing international focus of Japanese business and the diversification of Japanese corporations has highlighted the need for Japanese accounting standards to become more consistent with international standards. The author examines the progress Japan has made since 1986 in harmonizing their accounting and auditing standards with international practices. The author also examines recent revisions to Japanese security reporting regulations which make them more compatible with similar U.S. regulations.
Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi
Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi
UC Law SF International Law Review
Illegal and unfair business practices such as insider trading, price manipulation, and loss compensation have plagued the Japanese stock market. Existing Japanese regulations prohibiting insider trading have proven ineffective due to lax enforcement. Laws against price fixing have rarely been enforced because the conditions necessary for the application of these rules are vague and the rules are difficult to apply. Prohibition of loss compensation has been weak because the Ministry of Finance possesses too much discretion and maintains too close a relationship with the securities firms. The author suggests creating an independent committee in Japan much like the SEC in …
Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa
Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa
UC Law SF International Law Review
The author describes the expansive nature of Japan's annuity assets. Japan's annuities are divided into public annuities, which include pension insurance, mutual annuities, and national annuities, and private annuities, such as welfare pension funds and qualified annuities. The author discusses trust banks and life insurance companies and their relationships with annuities investments. The author also addresses problems regarding securities investments in Japan such as appraisal losses and the investment of annuities in Keiretsu organizations.
Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross
Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross
UC Law SF International Law Review
South Africa and Namibia share a similar heritage as ethnically and racially pluralistic societies with a white minority exercising complete political and economic control over a black majority. In 1990, after gaining independence from South Africa, Namibia adopted a progressive, democratic constitution. In South Africa, negotiations are currently underway to end years of white rule and formulate a new constitution extending full political rights to all citizens. This Note examines the salient features of the Namibian Constitution. The Note also discusses the various proposals for a South African Constitution, with particular emphasis on electoral laws and the structure and power …
Extraterritorial Application Of U.S. Antitrust Laws To Other Pacific Countries: Proposed Bilateral Agreements For Resolving International Conflicts Within The Pacific Community, Seung Wha Chang
UC Law SF International Law Review
The basic antitrust statutes of the United States, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act, all possess some form of extraterritorial jurisdiction. Based upon the "effect doctrine," formulated by Judge Learned Hand in United States v. Aluminum Co. of America, the extraterritorial reach of U.S. courts under these statutes is broad. Applying the liberal standard of the "effects doctrine," federal courts more often than not have found jurisdiction over conduct occurring outside the United States by foreign corporations. This Article analyzes the international conflicts resulting from extraterritorial enforcement of the antitrust laws of …
Scapegoat For The Trade Deficit: Does Eec Antitrust Treatment Of Joint Ventures Place The United States At A Competitive Disadvantage, Dana W. Hayter
Scapegoat For The Trade Deficit: Does Eec Antitrust Treatment Of Joint Ventures Place The United States At A Competitive Disadvantage, Dana W. Hayter
UC Law SF International Law Review
This Note critiques a proposal by Professors Jorde and Teece of the University of California at Berkeley, California, to exempt joint ventures from the United States' antitrust laws. The professors contend that their proposal emulates the EEC exemption procedure under Article 85(3) of the Treaty of Rome, and that the United States must adopt their proposal to compete with the EEC. This Note questions both assertions. The Jorde and Teece proposal would exempt a wide variety of agreements between competitors from civil and criminal liability with a minimum of initial review, without empirical support, and with little subsequent supervision. By …
The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick
The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick
UC Law SF International Law Review
No abstract provided.
Aspects Of Intellectual Property Law In The European Community, Leslie Gail Williams
Aspects Of Intellectual Property Law In The European Community, Leslie Gail Williams
UC Law SF International Law Review
No abstract provided.
Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott
Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott
UC Law SF International Law Review
No abstract provided.
The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris
The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris
UC Law SF International Law Review
No abstract provided.
Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki
Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki
UC Law SF International Law Review
No abstract provided.
Subsidiarity And The European Community, George A. Bermann
Subsidiarity And The European Community, George A. Bermann
UC Law SF International Law Review
Subsidiarity has become one of the most puzzling buzzwords behind recent developments in the European Community. At its most fundamental level, it mandates that accomplishment of a legitimate governmental objective should be a responsibility of the lowest level of government capable of effectively addressing the challenge. In the context of the European Community, subsidiarity is a principle of power-sharing between the Community institutions and the Member States. More specifically, it stands for the proposition that Community institutions should exercise the power vested in them by the Community Treaties and legislation only to the extent that the Member States are unable …
Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel
Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel
UC Law SF International Law Review
Social policy is one of the most important areas of European Community action. The EEC Treaty specifically mentions social goals and the European Court of Justice recognizes the social as well as economic aims of the unification process. Traditionally, social legislation has been adopted pursuant to article 100 of the EEC Treaty with its generic grant of power to harmonize laws in order to achieve the common market-with article 119 serving as authority for legislation implementing equal pay for men and women. The Social Action Program adopted by the Council of Ministers in 1974 provided much needed political endorsement for …
Going To England: Irish Abortion Law And The European Commnuity, David Cole
Going To England: Irish Abortion Law And The European Commnuity, David Cole
UC Law SF International Law Review
Until recently, Ireland outlawed abortion altogether, subject only to the defense of strict necessity. However, Ireland may now be bringing its abortion policies into line with the more liberal policies of the majority of other European nations, most of which permit abortion. This Article explores the recent changes in Ireland's attitude toward abortion. In particular, this Article examines the interplay of European and domestic Irish forces in the struggle for reproductive rights in Ireland from 1983, the year Ireland adopted a constitutional amendment guaranteeing the right to life of the unborn, to the present. The author proposes that the impetus …
Chinese Asylum Applications Under U.S. Immigration Policy: Firm Resettlement In Hong Kong, Frannie S. Mok
Chinese Asylum Applications Under U.S. Immigration Policy: Firm Resettlement In Hong Kong, Frannie S. Mok
UC Law SF International Law Review
The U.S. Immigration and Naturalization Service (INS) possesses a wide range of discretionary powers in determining whether to grant political asylum to aliens that enter the United States. One of the factors used in exercising discretion is determining whether an alien has been "firmly resettled" in a third country before applying for asylum in the United States. This Note focuses on the problems with using "firm resettlement" as a discretionary device in denying asylum to Chinese aliens who temporarily stayed in Hong Kong before arriving in the United States. The Note argues that current immigration laws that permit INS officials …
The Coming Of Europe, Stefan A. Risenfeld
The Coming Of Europe, Stefan A. Risenfeld
UC Law SF International Law Review
No abstract provided.
Environmental Rights In The European Community, Dinah L. Shelton
Environmental Rights In The European Community, Dinah L. Shelton
UC Law SF International Law Review
No abstract provided.
The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim
The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim
UC Law SF International Law Review
No abstract provided.
United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister
United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister
UC Law SF International Law Review
No abstract provided.
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Michigan Journal of International Law
This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.
Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard
Harmonization Enforcement: The Reality Behind The Panacea, 26 J. Marshall L. Rev. 593 (1993), W. David Westergard
UIC Law Review
No abstract provided.
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
Issue Preclusion - Recognizing Foreign Judgments In United States Patent Infringement Suits: A New Approach, 26 J. Marshall L. Rev. 627 (1993), James P. Muraff
UIC Law Review
No abstract provided.
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
Book Review: Red Scare In Court: New York Versus The International Workers Order, 27 J. Marshall L. Rev. 139 (1993), Elena Marcheschi
UIC Law Review
No abstract provided.
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Japan’S ‘Foreign Workers’ Policy: A View From The United States, Daniel H. Foote
Articles
No abstract provided.
"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote
"The Door That Never Opens"?: Capital Punishment And Post-Conviction Review Of Death Sentences In The United States And Japan, Daniel H. Foote
Articles
The capital punishment system and current standards for collateral review of capital sentences appear quite similar in the United States and Japan. On a deeper level, though, the systems are moving in very different directions. Given. the extensive literature on capital punishment and capital habeas in the United States, this article focuses chiefly on Japan, examining the process by which the standards governing postconviction review have been relaxed and the impact of that change. Japan's Supreme Court bears the image of being a highly conservative, passive institution resistant to dramatic .change of any sort. Yet this examination reveals that, in …
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
Promises To Keep: American Views Of Developments In Chinese Copyright Law, 6 Software L.J. 273 (1993), Mark E. Wojcik, Michael Osty
UIC Law Open Access Faculty Scholarship
No abstract provided.
Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey
Religion And The Law In The Commonwealth Of Independent States And The Baltic Nations, 4 Touro J. Transnat'l L. 103 (1993), Ralph Ruebner, Mary L. Martin, Carolyn H. Gasey
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Antidumping Laws And Principles Under The Gatt: Protecting Protection, The “Dunkel Drafts” And After The Uruguay Round, Heejang Yoo
LLM Theses and Essays
The antidumping laws of the U.S., Canada, Australia, European countries, and other developing countries are seen as protectionist of those nation’s local industries at the expense of foreign exporters. The fact that foreign exporters cannot obtain a meaningful judicial review of these antidumping laws only compounds the matter. This thesis urges nations to adopt multilateral competition-oriented antidumping polices and to abandon producer-oriented protectionist laws. Even if the notion of trade liberalization has been discredited under the GATT, the author advocates a return to such a goal in the context of antidumping laws. In reaching this conclusion, this thesis analyzes current …
Restrictions On Cartels In Japan Comparing With Those On Horizontal Price-Fixing In The United States, Shinobu Obata
Restrictions On Cartels In Japan Comparing With Those On Horizontal Price-Fixing In The United States, Shinobu Obata
LLM Theses and Essays
This thesis examines restrictions on price-fixing cartels under Japan's Antimonopoly Law (AML) in comparison with U.S. antitrust law governing horizontal price-fixing under Section 1 of the Sherman Act. Written against the backdrop of the 1989–1990 Structural Impediments Initiative (SII), in which the United States urged Japan to enforce its antitrust laws more aggressively against exclusionary cartel practices, the thesis traces the legal history of the AML — from its 1947 enactment under U.S. occupation influence, through its 1953 relaxation (which deleted the strict per se illegality provision and introduced cartel exemptions), to the renewed push for aggressive enforcement in the …