Law Commons^™

Extraterritorial Discovery And The Conflict Of Procedural Systems: Germany And The United States, David J. Gerber

All Faculty Scholarship

No abstract provided.

Professor William J. Riegger, Francis Richard Walsh

UC Law SF International Law Review

No abstract provided.

The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz

UC Law SF International Law Review

International commercial arbitration has become increasingly popular in recent years in large part because it offers quicker and more convenient dispute resolution than litigation in a foreign nation. Nonetheless, arbitration, like litigation, presents knotty choice of law problems. This Article examines a variety of approaches currently used by arbitrators to select the law which will govern arbitration procedure. The competing interests of the international business community and the various sovereign nations seeking to control international arbitration are discussed.

China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas

UC Law SF International Law Review

This Article analyzes the unique role of Special Economic Zones in modem China. The author first discusses the historical background of the zone concept, and the creation of the zones. Next, the author focuses on the Shekou Industrial Zone to demonstrate the practical problems which face foreign corporations wishing to conduct business within a Special Economic zone. Particular emphasis is placed upon the unpredictability of the Chinese legal system, especially the vague and ambiguous statutes which regulate zone activities.

The Light At The End Of The Tunnel: The Hague Convention On International Child Abduction Has Reached Capitol Hill, Lawrence H. Stotter

UC Law SF International Law Review

Parental child abduction has been on the increase in recent years, both within the United States and abroad. This Article considers the impact on this problem of the United States recent ratification and expected implementation of the Hague Convention on International Child Abduction. In addition, the author analyzes the relationship between the Child Abduction Convention and various domestic statutes, including the federal Parental Kidnapping Protection Act and the Uniform Child Custody Jurisdiction Act, which has been enacted in all 50 states.

Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul

UC Law SF International Law Review

Today, with the use of Direct Broadcasting Satellites (DBS), television programs can be sent from one end of the globe to the other. This new technology has created a conflict between Western nations that wish to broadcast programs internationally and the Soviet Union and less developed countries that wish to restrict the flow of Western information into their territories. This Article analyzes this conflict and considers various suggested regulatory approaches.

Japanese Companies On United States Soil: Treaty Privileges Vs. Title Vii Restraints, Matthew Orebic

UC Law SF International Law Review

In a treaty entered into before domestic civil rights legislation was enacted, the United States granted Japanese companies doing business in the United States an unconditional right to hire upper-level management of their choice. Because many Japanese companies choose only to hire Japanese citizens for their upper-level management positions, a conflict exists between the rights granted under the treaty and the mandates of Title VII of the Civil Rights Act. This Note examines this conflict and the attempts made by the Second and Fifth Circuits and the United States Supreme Court to reconcile treaty rights and ostensible Title VII violations.

Professor William J. Riegger--A Man Who Had A Gift With People, James R. Mccall

UC Law SF International Law Review

No abstract provided.

Aviation Deaths On The Seas: The Flight Into Maritime Law, Moris Davidovitz

UC Law SF International Law Review

The awkward and unsatisfactory application of maritime principles to aviation issues has created many problems for practitioners. A particular area of difficulty is the assessment of the rights and liabilities arising from aviation deaths on the seas. This Article sets forth a method of analysis to assist the practitioner in evaluating and litigating a wrongful death claim in light of the various remedies available. Specifically, the Article examines whether United States or foreign law should apply to a particular claim, which body of law should apply to a claim in a particular jurisdiction, and various substantive and procedural advantages and …

Enforcement Of United States Default Judgments In Spain, The, Orlando A. Gonzalez-Arias

UC Law SF International Law Review

No abstract provided.

Finders Keepers--The Titanic And The 1982 Law Of The Sea Convention, Cynthia Furrer Newton

UC Law SF International Law Review

The recent discovery of the Titanic some 500 miles off the coast of Canada has given rise to the question of who now "owns" the sunken vessel. This Note discusses the possible ownership rights to the Titanic within the framework of current international law. First, the author examines the customary international law of salvage and of finds, and identifies the inherent conflicts between the two doctrines. The author then discusses the effect of the 1982 Law of the Sea Convention, paying particular attention to its novel provisions regarding Objects of an Historical and Archeological Nature (OHANs). The author attempts to …

The Press And Politics In Nigeria: A Case Study Of Developmental Journalism, 6 B.C. Third World L.J. 85 (1986), Michael P. Seng, Gary T. Hunt

UIC Law Open Access Faculty Scholarship

No abstract provided.

Nationhood, International Obligation And Federal Structure: An Historical Overview Of The Australian Experience, David D. Knoll

Penn State International Law Review (1982 - 2011)

This article focuses on the interrelationship between the Commonwealth Government of Australia and the Australian state governments with regard to external affairs.

Simultaneous Rediffusion By Cable Television Operators In Canada And The Problems Of Nonpayment Of Copyright Royalties, Larry Seidenberg

Penn State International Law Review (1982 - 2011)

This Article surveys a controversial issue involving both Canadian and United States copyright interest groups. Simultaneous rediffusion involves the unauthorized reception and retransmission or rediffusion of copyrighted United States broadcast programming by foreign cable television systems. The issue has important ramifications for a future revision of the copyright by the Canadian Parliament as indicated in the Revision of Copyright Subcommittee Report of October 1985 and is useful to an examination of United States copyright principles and the international role of the United States in copyright.

This author's conclusion is that compulsory license for simultaneous rediffusion of broadcast signals is a …

The Future Of Design Protection In The United States: An Analysis Of The Proposed Domestic System In View Of Recent Developments In The United Kingdom, New Zealand, And Australia, 20 J. Marshall L. Rev. 261 (1986), Brett S. Sylvester

UIC Law Review

No abstract provided.

Insuring Investment And Loans Against Currency Incovertibility, Expropriation, And Political Violence, Robert B. Shanks

UC Law SF International Law Review

No abstract provided.

Using Political/Credit Risk Insurance To Maximize Financing Opportunities, Susan Mashkes

UC Law SF International Law Review

No abstract provided.

Protecting Against Incovertibility And Transfer Risk: An Outline Of Trade Financing Programs Of The Export-Import Bank Of The United States, Karen Hudes

UC Law SF International Law Review

No abstract provided.

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.

Introduction, Joseph M. Kelly

NYLS Journal of International and Comparative Law

No abstract provided.

Constitutional Adjudication In Costa Rica: A Latin American Model, Robert S. Barker

University of Miami Inter-American Law Review

No abstract provided.

Law And Environment In Modern America And Among The Hopi Indians: Comparison Of Values, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Prosecutorial Discretion In Japan: A Response, Daniel H. Foote

Articles

Marsha Goodman's Prosecutorial Discretion in Japan, with its thoroughly researched description of the manner in which that discretion is exercised-including several new case studies-is an important addition to English-language literature on the Japanese legal system and raises numerous interesting issues regarding the Japanese criminal justice system.

Goodman focuses much of her attention on the lengthy battle over the abuse of prosecutorial discretion doctrine in Japan. This discussion provides a fine example of a classic pattern of legal debate in Japan. As in this case, defense counsel familiar with an issue frequently initiate movements for change in criminal procedure standards …

The Drafting Process For Cabinet Bills, Daniel H. Foote

Articles

I have undertaken this article in hope that it may be of some help in promoting public understanding of the actual manner of review by the Cabinet Legislation Bureau-one step in the drafting process for legislation introduced by the Cabinet-and of the diligent efforts of the r��presentatives of the various ministries with whom we regularly come into contact. It goes without saying that the views and explanations contained herein, along with any inadequacies or inaccuracies in this account, are solely the responsibility of this author.

Some Thoughts On Legal Education In Japan, Daniel H. Foote

Articles

This piece is based upon a talk given at the Harvard Law Association of Japan meeting on December 4, 1985, by Daniel H. Foote.

Published in Japanese - English original draft provided.

Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock

UIC Law Open Access Faculty Scholarship

No abstract provided.

Toward A Comprehensive Theory Of Standard Form Contract Law: A Synthesis Of The Best From Germany And America, Dagmar Thurmann

LLM Theses and Essays

The theory of this paper is simple: the law has to deal with 20^th Century real contracts instead of blindly applying 19^th Century classical “bargained for” contract law. Not to face the reality of the modern “unbargained for” adhesion contract disappoints the justified expectations of both parties, that is, the one drafting standard form terms and the one submitting to them. The subject of standard contract forms is appropriate for a comparative analysis between German and American contracts law.

Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller

Articles

An eminent legal historian once noted that the fundamental problem of law enforcement in primitive societies is that of the secret offender. The Icelandic legal and dispute processing systems depended on a wrongdoer publishing his deed, or at least committing it in an open and notorious manner. No state agencies existed to investigate and discover the non-publishing wrongdoer. But there were strong normative inducements to wrong openly; one's name was at stake. There was absolutely no honor in thievery, only the darkest shame; the ransmadr, on the other hand, suffered no shame for his successful raids, even if he did …

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

Articles

(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'

The Law/Politics Distinction, The French Conseil Constitutionnel, And The U.S. Supreme Court, Michael H. Davis

Law Faculty Articles and Essays

A dispute burns across the landscape of French constitutional law regarding the juridical nature of the French constitutional "Supreme Court", the Conseil constitutionnel: is it a court? Both French and American scholars have claimed that, despite superficial similarities between the U.S. Supreme Court and the French Conseil constitutionnel, the American system of judicial review "can have no counterpart in the French system", that French legal and political theory is inconstistent with an effective supreme court, that there is "no possibility" that the French and American systems could surmount this "major difference", and that the Conseil is simply not a "true …