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Articles 12211 - 12240 of 14110

Full-Text Articles in Law

Treaties And Nationalization: The People's Republic Of China Experience, Jay S. Laifman Jan 1988

Treaties And Nationalization: The People's Republic Of China Experience, Jay S. Laifman

UC Law SF International Law Review

American investors have invested over ten billion dollars in the People's Republic of China. Further investment, however, has been slowed by fears that the Chinese Government could nationalize American assets in China. These fears are based on past occurrences when political instability or international disagreements have led to nationalization of foreign assets by the Chinese. This Note examines the likelihood that the People's Republic of China would nationalize foreign assets in the future and proposes treaty terms that would protect American investors without offending Chinese sensibilities. The author suggests that future United States-China trade treaties should contain more explicit language …

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Tax Planning For Japanese Investment In The United States, Alan S. Woodberry, Neal W. Zimmerman Jan 1988

Tax Planning For Japanese Investment In The United States, Alan S. Woodberry, Neal W. Zimmerman

UC Law SF International Law Review

This Article presents a discussion of various structural tax issues that a Japanese company should consider when acquiring or starting a business in the United States. Its purpose is to offer tax planning ideas which will allow Japanese investors to minimize United States and Japanese taxes without unduly altering nontax considerations. The Article begins by examining the tax implications of operating through a United States subsidiary versus a branch. It then discusses the purchase of a United States business, focusing on the pros and cons of both stock and asset acquisitions. In conclusion, it considers the following areas: structuring the …

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The South African Judicial Order And The Future: A Comparative Analysis Of The South African Judicial System And Judicial Transitions In Zimbabwe, Mozambique, And Nicaragua, Heinz J. Klug Jan 1988

The South African Judicial Order And The Future: A Comparative Analysis Of The South African Judicial System And Judicial Transitions In Zimbabwe, Mozambique, And Nicaragua, Heinz J. Klug

UC Law SF International Law Review

South African courts function as an integral part of the apartheid system, enforcing apartheid legislation on the one hand while suppressing resistance by the black majority on the other. First, this Note analyzes the existing judicial order in South Africa focusing on its development in the context of the apartheid system. Second, this Note compares the experiences of judicial transformation following political revolutions in Zimbabwe, Mozambique, and Nicaragua.. The comparison serves to identify how different factors, including varying forms of political transformation and social resources available to a new government, produce constraints and stimuli to judicial transformation. Finally, this Note …

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The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton Jan 1988

The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton

UC Law SF International Law Review

Nicaragua has recently adopted its first constitution since the 1979 Sandinista Revolution. The Constitution tries to institutionalize and legitimate the power of the FSLN and the Revolution itself within the framework of a basically westernstyle constitution. This Article examines the text of the Nicaraguan Constitution to explore the political philosophy underlying constitutionalism in Nicaragua, with particular attention to the place of the Party and the Revolution in the Constitution. The Article considers tensions in the Constitutional text between legitimating the power of the FSLN and creating institutions that limit that same power. Finally, the Article considers the idea, stated in …

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Mexico On The Eve Of Salinas: The Laws And Policies Of Foreign Investment, Frances Schreiber Jan 1988

Mexico On The Eve Of Salinas: The Laws And Policies Of Foreign Investment, Frances Schreiber

St. Thomas Law Review

This article is designed (1) to provide a basic introduction to the relevant features of the legal system of Mexico, as well as its historical and socio-economic background, and (2) to analyze the political, economic, and social issues facing foreign investors at the start of the Salinas Administration.

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The Regulation Of Insider Trading In The United States, United Kingdom, And Japan, Barbara Ann Banoff Jan 1988

The Regulation Of Insider Trading In The United States, United Kingdom, And Japan, Barbara Ann Banoff

Michigan Journal of International Law

Part I of this article will briefly discuss the American laws regulating insider trading; Part II will discuss the law of the United Kingdom; and Part III will discuss the regulation-or, more accurately, the non-regulation-of insider trading in Japan.

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Countertrade, The Gatt, And The Theory Of The Second Best, William D. Zeller Jan 1988

Countertrade, The Gatt, And The Theory Of The Second Best, William D. Zeller

UC Law SF International Law Review

Countertrade, which refers to international barter and barterlike transactions, has grown rapidly in recent years, becoming a permanent part of the world economy. This growth has occurred despite criticisms that countertrade is inefficient and creates distortions that could undermine the multilateral trade system. This Article defends countertrade against such arguments and asserts that countertrade actually enhances international trade. After initially reviewing the different types of countertrade, the author argues that countertrade is an appropriate response to the disequilibrium of a "second-best" world, because its trade-creating effects outweigh its trade-diverting effects. The author also asserts that countertrade is not inconsistent with …

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The 1962 Cuban Missile Agreement: Status And Prospects Upon Its Second Quarter-Century, George Steven Swan Jan 1988

The 1962 Cuban Missile Agreement: Status And Prospects Upon Its Second Quarter-Century, George Steven Swan

UC Law SF International Law Review

This Article reviews the 1962 Soviet-American-Cuban Missile Agreement in the perspective of American Constitutional law, particularly in light of presidential authority. It notes the high degree of respect afforded to presidential diplomatic and military moves in times of crisis by the Supreme Court. It recounts the broad extent of presidential foreign policy making authority and it observes difficulties confronting parties hoping to challenge the exercise of such authority in court. Such challenges to be surmounted by prospective plaintiffs would be the standing problem and the political question problem, respectively. The discussion also apprehends that the 1962 undertaking has been determined …

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Homosexuality And The European Convention On Human Rights: What Rights, Daniel J. Kane Jan 1988

Homosexuality And The European Convention On Human Rights: What Rights, Daniel J. Kane

UC Law SF International Law Review

This Note discusses the status of homosexual persons under the European Convention on Human Rights by tracing cases under the Convention that have challenged member states' criminalization of homosexual relations. These cases rest largely on the Convention's right of privacy, which has recently been held to embody the right of homosexual adults to engage in consensual sexual relations free from state criminalization. In other aspects, however, the Convention has denied antidiscrimination protection to homosexual persons, despite the existence of guarantees in the Convention that prohibit such discrimination. This Note draws upon these provisions to outline the framework upon which such …

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Changes In The Laws Governing The Parent-Child Relationship In Post-Revolutionary Nicaragua, Beth Stephens Jan 1988

Changes In The Laws Governing The Parent-Child Relationship In Post-Revolutionary Nicaragua, Beth Stephens

UC Law SF International Law Review

Nicaragua provides a useful case analysis for the response of family law to change. This Article reviews family law in effect in Nicaragua prior to the 1979 revolution. The Article then describes how the overthrow of the Somoza regime affected law and legislation in general. The most important new legislation affecting the parent-child relationship is discussed with emphasis on the 1982 law regulating family relationships and the family law provisions of the 1987 Nicaraguan Constitution. The Article analyzes the recent reforms with regards to the relevant international standards.

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Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach Jan 1988

Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach

UC Law SF International Law Review

Traditional religious law is enforced in both Saudi Arabia and Israel. In Saudi Arabia it is dominant and unchangeable, while in Israel the Knesset carefully selects when to use religious law. This Note examines the religious legal systems of Islam and Judaism as they are used in these countries. This Note particularly examines Islamic criminal law and Jewish family law. The Note also examines some of the problems that have been caused by the use of ancient legal systems.

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United States, Canadian, And International Refugee Law: A Critical Comparison, Ronald C. Silberstein Jan 1988

United States, Canadian, And International Refugee Law: A Critical Comparison, Ronald C. Silberstein

UC Law SF International Law Review

Both Canada and the United States are bound through the United Nations Protocol Relating to the Status of Refugees to establish domestic laws consistent with the Protocol that facilitate the resettlement of refugees. Both countries define refugees as persons outside their country of residence who are unwilling or unable to return, owing to a well-founded fear of persecution on account of race, religion, social group, political opinion or nationality. However, the United States interprets this definition in a manner very different from that of Canada. Canada uses one standard for the classification of refugees and, with few exceptions, guarantees to …

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Comparative Analysis Of English And American Campaign Finance Laws, Rod Stanton Fiori Jan 1988

Comparative Analysis Of English And American Campaign Finance Laws, Rod Stanton Fiori

UC Law SF International Law Review

Campaign finance laws have been adopted in many countries to combat corruption, to moderate campaign costs, to equalize the financial ability of candidates to win elections, and to reduce disparities in the influence of contributors. This Note compares the American and British efforts to control campaign financing. The author finds that many of the goals of campaign laws have not been met in the United States, because the laws have had to remain within first amendment limits and because the laws have not been enforced on a regular basis. More effective campaign finance laws have been adopted in England, but …

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Protections Against Compelled Production Of Private Papers In England And The United States, Kenneth R. Lehman Jan 1988

Protections Against Compelled Production Of Private Papers In England And The United States, Kenneth R. Lehman

UC Law SF International Law Review

When a government compels a person to produce private papers as evidence, the person may be adversely affected in two ways. First, the papers may be used to incriminate the person who provided them. Second, production of the papers may reveal the writer's intimate thoughts. This Note compares how these interests are protected under British and American law. The author finds that, while compelled production of self-incriminating evidence was not prohibited in the early part of British history, it is now a standard rule of evidence in England that a witness cannot be forced to produce self-incriminating evidence. Conversely, while …

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The Montreal Protocol On Substances That Deplete The Ozone Layer: Can It Keep Us All From Needing Hats, Sunglasses, And Suntan Lotion, Paul R. Tourangeau Jan 1988

The Montreal Protocol On Substances That Deplete The Ozone Layer: Can It Keep Us All From Needing Hats, Sunglasses, And Suntan Lotion, Paul R. Tourangeau

UC Law SF International Law Review

Damage to the earth's stratospheric ozone layer is an inherently international issue requiring a forthright and fresh approach to international problem solving. The Montreal Protocol on Substances that Deplete the Ozone Layer is a landmark environmental treaty. It requires participating nations to freeze and then reduce production and consumption of economically valuable, but environmentally harmful, chemical compounds. This Note analyzes the efficacy of the provisions of the Protocol in light of both the original and new information on damage to the ozone layer. Discussion will focus on the structure and content of the chemical control measures, concessions for less developed …

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Two Hundred Years Of Constitutionalism In The Americas: The Influence Of The United States Constitution On The Legal Systems Of The Americas-A Canadian Perspective, John D. Richard Jan 1988

Two Hundred Years Of Constitutionalism In The Americas: The Influence Of The United States Constitution On The Legal Systems Of The Americas-A Canadian Perspective, John D. Richard

University of Miami Inter-American Law Review

No abstract provided.

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Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann Jan 1988

Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann

University of Michigan Journal of Law Reform

This Article examines the regulation of pornography in West Germany and compares it to regulation in the United States. Part I provides an overview of the legal framework- constitutional and statutory-of pornography regulation in West Germany. Part II then traces the evolution of the concept of human dignity as a standard for defining pornography in West Germany, and Part III illustrates the practical impact of the idea in two widely debated recent cases. Part IV argues that West Germany's human dignity approach to pornography regulation raises important questions about how to view pornography, but that cultural and constitutional differences between …

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Viet Nam's First Modern Penal Code, John Quigley Jan 1988

Viet Nam's First Modern Penal Code, John Quigley

NYLS Journal of International and Comparative Law

No abstract provided.

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Basic Concepts In And Temporal And Territorial Limits On The Applicability Of The Penal Law Of Japan, Shigemitsu Dando Jan 1988

Basic Concepts In And Temporal And Territorial Limits On The Applicability Of The Penal Law Of Japan, Shigemitsu Dando

NYLS Journal of International and Comparative Law

Translated by B.J. GEORGE, JR

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Human Rights Law-Making In The United Nations, 1 Harv. Hum. Rts. Y.B. 335 (1988), Karen H. Cross Jan 1988

Human Rights Law-Making In The United Nations, 1 Harv. Hum. Rts. Y.B. 335 (1988), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller Jan 1988

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

Articles

The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.

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Survey Of National Legislation Regulating Insider Trading, Mary J. Houle Jan 1988

Survey Of National Legislation Regulating Insider Trading, Mary J. Houle

Michigan Journal of International Law

In recent years much attention has been focused on the phenomenon of "insider trading." The United States Securities and Exchange Commission (SEC) now appears to have wide-spread public support for its hard-line approach toward insider trading practices. Previously hostile to a broad prohibition of insider trading, even the Supreme Court has lent a sympathetic ear to the pleas of the SEC in the recent Carpenter case, which hinted at support for the misappropriation theory of insider trading. The prevailing attitude is that confidence in the fair operation of the securities markets must not be undermined by insiders who deprive those …

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Survey Of Registration And Disclosure Requirements In International Securities Markets, Scott D. Cohen Jan 1988

Survey Of Registration And Disclosure Requirements In International Securities Markets, Scott D. Cohen

Michigan Journal of International Law

This survey of the domestic registration and disclosure requirements in the United Kingdom, the Federal Republic of Germany, France, Australia, Switzerland, the Netherlands, Canada, and Japan provides a topical overview of the institutions, requirements, and procedures involved in securities trading in foreign markets. While the goal of a unified international securities regulation system may represent the best long-term course for an efficient world-wide system of capital markets, the necessity to conform to domestic securities regulations will remain important in the coming years.

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Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii Jan 1988

Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii

Michigan Journal of International Law

The outline and direction of this article are arranged approximately in the order of provisions under the U.S. Bankruptcy Code. The article focuses on Japanese reorganization proceedings, but necessarily discusses Japanese bankruptcy provisions at length. First, eligibility and types of proceedings are discussed. Second, commencement details and administrative provisions, including the "automatic stay" and assumption and rejection of leases and contracts are presented. Third, the debtor's duties and the handling of claims are reviewed. Fourth, liquidations are compared. Fifth, confirmation and reorganization are explored in detail. Last, a comparison of bankruptcy provisions for individuals concludes the article.

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National Juice Products Association V. United States: A Substantial Transformation Of The Country-Of-Origin Substantial Transformation Test?, Edward H. Davis Jr. Jan 1988

National Juice Products Association V. United States: A Substantial Transformation Of The Country-Of-Origin Substantial Transformation Test?, Edward H. Davis Jr.

University of Miami Inter-American Law Review

No abstract provided.

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Interpreting The Alien Tort Statute: Amicus Curiae Memorandum Of International Law Scholars And Practitioners In Trajano V. Marcos, David Cole, Jules Lobel, Harold Hongju Koh Jan 1988

Interpreting The Alien Tort Statute: Amicus Curiae Memorandum Of International Law Scholars And Practitioners In Trajano V. Marcos, David Cole, Jules Lobel, Harold Hongju Koh

UC Law SF International Law Review

The Alien Tort Statute, 28 U.S.C. § 1350, provides federal jurisdiction for aliens to sue aliens for torts "committed in violation of the law of nations." Since the Second Circuit's landmark decision in Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980), holding that the statute allows federal courts to adjudicate violations of customary international human rights norms, it has proven to be the most important domestic judicial mechanism for the enforcement and advancement of international human rights. In 1988, the Justice Department filed an amicus brief in the Ninth Circuit in a consolidated appeal from several Alien Tort Statute …

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Abortion And Liberalism: A Comparison Between The Abortion Decisions Of The Supreme Court Of The United States And The Constitutional Court Of West Germany, Douglas G. Morris Jan 1988

Abortion And Liberalism: A Comparison Between The Abortion Decisions Of The Supreme Court Of The United States And The Constitutional Court Of West Germany, Douglas G. Morris

UC Law SF International Law Review

Liberalism defines a relationship between individuals and the state in which individuals are treated equally by laws which provide certain rights. One of the central problems of applying liberal ideals is determining who the individuals accorded equal treatment are. A related problem is deciding who can make this determination. These problems also arise in court decisions concerning abortions. In its 1973 decision in Roe v. Wade, the United States Supreme Court declared unconstitutional a law that treated most abortions as crimes. Two years later, the Constitutional Court of West Germany struck down a national law that liberalized abortions. This Article …

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Law And Genocide: A Critical Annotated Bibliography, David Kader Jan 1988

Law And Genocide: A Critical Annotated Bibliography, David Kader

UC Law SF International Law Review

Since the end of World War II, many scholars have devoted their efforts to the prevention of genocide and the punishment of its perpetrators. This Bibliography lists and describes the major writings pertaining to law and genocide and reviews how these works have been reflected in the enforcement of human rights. The author notes that, just as writings on genocide have moved from broad statements of human rights to discussions of how these rights should be enforced, international law should no longer focus on creating rights, but should focus on enforcing them. The author also proposes that more study be …

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Maritime Drug Law Enforcement Act: An Analysis, Mary B. Neumayr Jan 1988

Maritime Drug Law Enforcement Act: An Analysis, Mary B. Neumayr

UC Law SF International Law Review

In 1986, Congress passed the Maritime Drug Law Enforcement Act as part of its overall effort to halt the enormous flow of illicit drugs into the United States. The Act departs from traditional Maritime jurisdiction, limited to the nation's territorial waters, and authorizes the Coast Guard under certain circumstances to board foreign flagged vessels virtually anywhere on the high seas. Since the legislation stands in contrast to the classic doctrine of the freedom of the sea, and consequently invites examination, this Note evaluates the Act in light of principles of international and domestic law. This Note analyzes the particular provisions …

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Ordeal In Iceland, William I. Miller Jan 1988

Ordeal In Iceland, William I. Miller

Articles

Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …

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