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Articles 11851 - 11880 of 14134

Full-Text Articles in Law

An Emerging Framework For Greater Foreign Participation In The Economies Of Hungary And Poland, Steven A. Velkei Jan 1992

An Emerging Framework For Greater Foreign Participation In The Economies Of Hungary And Poland, Steven A. Velkei

UC Law SF International Law Review

Hungary and Poland are currently in the midst of shifting their economies from state control to free market capitalism. This transition requires massive changes in legislation. The governments of Hungary and Poland hope their new laws will facilitate and encourage the entry of foreign capital. This Note examines new legislation in these countries, particularly as it relates to foreign investment and ownership. The Note concludes with suggestions for legal reform which can be applied to all the countries of Eastern Europe.

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Foreign Investment Promotion: Thailand As A Model For Economic Development In Vietnam, Camellia Ngo Jan 1992

Foreign Investment Promotion: Thailand As A Model For Economic Development In Vietnam, Camellia Ngo

UC Law SF International Law Review

The investment promotion strategy of any nation, as set forth in its investment promotion laws, plays a crucial role in its economic development. Vietnam, rumored to be Southeast Asia's "next Asian Tiger," currently maintains one of the most liberal foreign investment codes of any developing nation. Vietnam currently looks to Thailand as a model for economic development. This note discusses the 1987 Law on Foreign Investment in Vietnam (1987 FIL) and the Investment Promotion Act of Thailand and contrasts the two countries' strategies for developing their economies through enactment of foreign investment promotion legislation. This note concludes that Vietnam's 1987 …

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Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson Jan 1992

Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson

UC Law SF International Law Review

In India, attempts to provide speedy and informal resolution of disputes through conciliation and mediation have focused on the institution of the Lok Adalat, which means the "people's courts." The Lok Adalat courts aim at extending access to the judicial system and providing a means of dispute resolution which is sensitive to the variety of indigenous methods. This Article examines the Lok Adalat courts both theoretically and in practice.

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200 Mph Cigarette Ads: A Comparison Of International Restrictions On Tobacco Sports Sponsorship, Randall H. Stoner Jan 1992

200 Mph Cigarette Ads: A Comparison Of International Restrictions On Tobacco Sports Sponsorship, Randall H. Stoner

UC Law SF International Law Review

Since tobacco advertising was banned from United States airwaves in the early 1970s, tobacco companies have searched for alternate ways to bring their products to the attention of the American public. One of the most successful of these has been the sponsorship of sporting activities, particularly motorsports. This Note addresses tobacco company sponsorship of motorsports. Particularly, the Note discusses two bills that have been introduced in the United States Congress and the constitutionality of a complete ban on tobacco company sports sponsorship. The Note then examines the approaches used in Canada, Great Britain, and Australia. The author discusses the possible …

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"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman Jan 1992

"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 …

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A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 215 (1992), Louis Henkin Jan 1992

A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 215 (1992), Louis Henkin

UIC Law Review

No abstract provided.

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Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im Jan 1992

Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im

UIC Law Review

No abstract provided.

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Recent Changes In The Soviet Union, 25 J. Marshall L. Rev. 295 (1992), Jack Matlock Jan 1992

Recent Changes In The Soviet Union, 25 J. Marshall L. Rev. 295 (1992), Jack Matlock

UIC Law Review

No abstract provided.

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Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford Jan 1992

Overview Of Section 337 Of The Tariff Act Of 1930: A Primer For Practice Before The International Trade Commission, 25 J. Marshall L. Rev. 459 (1992), William L. Lafuze, Patricia F. Stanford

UIC Law Review

No abstract provided.

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The Prospects For An International Criminal Court In The 1990s, Joel Cavicchia Jan 1992

The Prospects For An International Criminal Court In The 1990s, Joel Cavicchia

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Eastern Europe's Policy Of Restitution Of Property In The 1990s, Michael L. Neff Jan 1992

Eastern Europe's Policy Of Restitution Of Property In The 1990s, Michael L. Neff

Penn State International Law Review (1982 - 2011)

No abstract provided.

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National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law Jan 1992

National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The Arab Maghreb Union: Possibilities Of Maghrebine Political And Economic Unity, And Enhanced Trade In The World Community, Robert W. Mckeon Jr. Jan 1992

The Arab Maghreb Union: Possibilities Of Maghrebine Political And Economic Unity, And Enhanced Trade In The World Community, Robert W. Mckeon Jr.

Penn State International Law Review (1982 - 2011)

No abstract provided.

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How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling Jan 1992

How Does Europe Regulate Powers Within Its Corporations? What Might The Answer Mean For The U.S.? An Essay And Review Of European Company Laws: A Comparative Approach, Donald C. Jr. Dowling

Northwestern Journal of International Law & Business

European Company Laws: A Comparative Approach is a compilation of ten essays by various authors on the jurisprudence of corporate control within Europe. The book focuses on the company laws within the various member states, somewhat to the exclusion of the emerging EC-level corporate laws. Yet while European Company Laws concerns itself with member states' internal company laws, the book's goal is much loftier than merely compiling the European states' corporate statutes into some sort of practitioners' guide. Rather, European Company Laws attempts to divine jurisprudential truths about the regulation of power within the European company by examining the European …

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Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter Jan 1992

Working On Dignity: Ec Initiatives On Sexual Harrassment In The Workplace, Victoria A. Carter

Northwestern Journal of International Law & Business

This article argues that the [European] Commission should propose legally binding legislation to guarantee all workers, both women and men, protection against sexual harassment in Community workplaces. Section I describes the nature of sexual harassment, the problems it poses in the EC, and the effects of sexual harassment on people and businesses. Section II reviews existing Member State legislation and labor union policies and identifies the inadequacy of these measures to protect EC workers from sexual harassment. Section III describes existing EC legislation on sexual harassment and the equal treatment of women and men in the workplace and identifies the …

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Privacy In German Employment Law, Robert G. Schwartz Jr. Jan 1992

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.

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Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim Jan 1992

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.

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Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown Jan 1992

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 …

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The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas Jan 1992

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.

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U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan Jan 1992

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.

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Application Of American Land Use And Environmental Planning Techniques To Environmental Recovery In Emerging Economies: Fundamental Foundations From The New World To The Old, Lee R. Epstein, Larry A. Gordon Jan 1992

Application Of American Land Use And Environmental Planning Techniques To Environmental Recovery In Emerging Economies: Fundamental Foundations From The New World To The Old, Lee R. Epstein, Larry A. Gordon

UC Law SF International Law Review

As we move into the twentieth century, environmental problems continue to receive a great deal of international attention and concern. It is recognized that the ongoing degradation of the world's natural resources combined with pollution and other environmental problems threatens the well being of us all. This article begins by exploring a number of regional environmental problems and looks particularly at the decay of the world's urban centers. An examination of the development of the planning process employed modernly in the United States follows. The authors propose that the application of the American land use planning techniques may lessen the …

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Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres Jan 1992

Prosecuting Iraqi Gulf War Crimes: Allied And Israeli Rights Under International Law, Louis Rene Beres

UC Law SF International Law Review

Numerous acts committed by Iraq during the Gulf War constitute crimes under international law. This essay explores the foundation and development of international law. The essay concludes that, given the scope and severity of the acts committed, both the United States and Israel would be justified in trying Saddam Hussein and others for war crimes under international law.

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Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith Jan 1992

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.

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Arbitrating In Thailand, Jahan P. Raissi Jan 1992

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 …

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Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green Jan 1992

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 …

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Criminal Justice In Revolutionary Nicaragua: Intimations Of The Adversarial In Socialist And Civil Law Traditions, Richard J. Wilson Jan 1992

Criminal Justice In Revolutionary Nicaragua: Intimations Of The Adversarial In Socialist And Civil Law Traditions, Richard J. Wilson

University of Miami Inter-American Law Review

No abstract provided.

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Political And Economic Integration: The European Experience And Lessons For Canada, Patrick Monahan Jan 1992

Political And Economic Integration: The European Experience And Lessons For Canada, Patrick Monahan

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

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The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote Jan 1992

The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote

Articles

Models for a criminal-justice system based on an ethos of rehabilitation and reintegration-such as Llewellyn's "parental" and Griffiths' "family" models-have been regarded as idealistic but unworkable in the real world, except perhaps in totalitarian or primitive societies. Professor Foote, however, has found in Japan just such a model, which he labels "benevolent paternalism." The Japanese criminal-justice system is benevolent in that its goal is to achieve reformation and reintegration into society through lenient sanctions tailored to the offender's particular circumstances. The system is paternalism in that it allows substantial discretion to the state in both gathering and using information about …

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Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry Jan 1992

Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry

Articles

This Recent Development examines the increasing presence of cinematic rape in general-audience Indian films and discusses the potential cultural origins of the cinematic portrait of Indian women as chaste subordinates to men and as frequent subjects of violence. To account for this trend, this Recent Development outlines the legal guidelines governing Indian film censorship, and in particular the guidelines regulating sexuality. From this vantage point, the use of various suggestive cinematic techniques, including the regular portrayal of rape, may be seen as attempts by directors to circumvent government censure of kissing and other intimate relations on-screen. Finally, this Recent Development …

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Approach To Horizontal Restraint: Reliance On Exemption From Antimonopoly Act In Japan As Contrasted With Antitrust Laws In The United States, Yutaka Sumii Jan 1992

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 …

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