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Articles 12691 - 12720 of 14110

Full-Text Articles in Law

Price Discrimination Laws: An Economic Perspective, Michael Blakeney Jan 1981

Price Discrimination Laws: An Economic Perspective, Michael Blakeney

Duquesne Law Review

The often criticized price discrimination control laws are examined in this article. The author considers a number of economic analyses of price discrimination in its various forms. He compares the response of the Congress of the United States-the Robinson-Patman Act-with price discrimination control laws of other countries. He concludes the article with the presentation of an example that appears to have benefitted from the experience of many nations in their attempts to limit price discrimination.

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On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney Jan 1981

On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney

UC Law SF International Law Review

This Article attempts to identify due process with natural justice and examines the rehabilitation of natural justice in United States administrative law. The Article opens with a discussion of the development of due process in the United States, followed by an examination of the Commonwealth natural justice law. Sources of natural justice in the United States are reviewed, and the author concludes that due process is only a specific application of the natural justice requirements for the right to a fair hearing.

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Income Tax Consequences Of Expatriation, James Wm. Clement Jan 1981

Income Tax Consequences Of Expatriation, James Wm. Clement

UC Law SF International Law Review

One possible method of reducing United States income tax liability is to expatriate, or renounce United States citizenship, and be taxed as a nonresident alien. However, there is a degree of tax planning necessary to accomplish a reduction or elimination of income taxation of the expatriate. This Note discusses techniques that can be used to accomplish this favorable tax treatment.

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Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le Jan 1981

Professional Independence And The Associate In A Law Firm: A French Case Study, Tang Thi Thanh Trai Le

Journal Articles

In June 1977, as a result of a case brought before the Tribunal de la Seine, a "mini-revolution" erupted in French legal circles. A young woman associate of a law firm was discharged at mid-month and paid half (F. 1250) her monthly salary. Mme X considered her dismissal improper and filed a complaint with the Bdtonnier (President) of the Paris Bar. After a hearing, the Conseil de l'Ordre (Executive Committee of the Bar) advised the firm to pay Mme X an additional F. 1250 in settlement. Not satisfied, Mine X took her case to the Tribunal de la Seine requesting …

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Middlemen Of The Law: An Ethnographic Inquiry Into The English Legal Profession, John Flood Jan 1981

Middlemen Of The Law: An Ethnographic Inquiry Into The English Legal Profession, John Flood

Articles by Maurer Faculty

The accomplishments of empirical research are often presented in a context that fails to show the process by which the results came about. This article examines the problems, hitches, and struggles encountered in a research project carried out on the English bar. And emphasis is given to the difficulty of tackling hitherto unexplored occupations that have had a long history of resisting research.

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International Law And Community Treaty-Making Power, Hans Van Houtte Jan 1981

International Law And Community Treaty-Making Power, Hans Van Houtte

Northwestern Journal of International Law & Business

The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.

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Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum Jan 1981

Ventures In The China Trade: An Analysis Of China's Emerging Legal Framework For The Regulation Of Foreign Investment, William P. Alford, David E. Birenbaum

Northwestern Journal of International Law & Business

In this Article, Messrs. Alford and Birenbaum examine laws and regulations recently promulgated by the People's Republic of China to govern the conduct of business and investment in China. After establishing the cultural, historical, bureaucratic and developmental contexts within which the authors believe these laws and regulations must be understood, they comprehensively examine and discuss the new legal pronouncements.

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The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge Jan 1981

The Relationship Between National And Community Antitrust Law: An Overview After The Perfume Cases, Jean-Francois Verstrynge

Northwestern Journal of International Law & Business

The European Coal and Steel Community Treaty and the Treaty of Rome have been recognized as transferring the jurisdictional authority to apply antitrust laws to the European Communities. After surveying the impact of these treaties on various sectors, the author argues that it is necessary to subordinate the jurisdictional authority of the Member States in this field to fulfill the objectives of the Common Market.

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Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault Jan 1981

Refusals To Supply: Should The French Rules Be Harmonized With Those Of The Eec?, Dominique Brault

Northwestern Journal of International Law & Business

In this article, Mr. Brault contends that "harmonizing" the French rules with those of Germany or the EEC is neither desirable nor necessary because of the disparate economic structures of the EEC Member States and because the French rules are, as a result of French case law, not as rigid and severe as their detractors portray them. Instead, Mr. Brault suggests that in practice, the national antitrust laws of EEC Member States are becoming "harmonized" naturally because German and EEC case law have made the application of apparently lenient refusals to supply statutes significantly more severe.

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"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman Jan 1981

"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman

Northwestern Journal of International Law & Business

In this Article, Professors Abbott and Totman address the widespread Western belief that the Japanese economy is unfairly closed to foreign trade and investment. The authors identify several levels of barriers to penetration of the Japanese market. They contend that considerable progress has been made in reducing direct official restraints and official non-tariff barriers. Further progress in resolving the closed market issue, the authors predict, will be more difficult. Some of the remaining problems are rooted in Japanese society and culture; others in Western attitudes toward Japan. All reflect the historical pattern of Japan's relations with the West. The authors …

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The Rise And Fall Of Provisional Validity -- The Need For A Rule Of Reason In Eec Antitrust, Valentine Korah Jan 1981

The Rise And Fall Of Provisional Validity -- The Need For A Rule Of Reason In Eec Antitrust, Valentine Korah

Northwestern Journal of International Law & Business

The doctrine of provisional validity invented by the Community Court now applies to very few agreements. Mrs. Korah believes that unless a rule of reason is applied to restraints ancillary to agreements that lead to new competitive pressures, the risk of collaboration may become excessive. Mrs. Korah also expresses concern that this may reduce the dynamism of Community industry in competition with American and Japanese firms.

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Characteristic Performance -- A New Concept In The Conflict Of Laws In Matters Of Contract For The Eec, Kurt Lipstein Jan 1981

Characteristic Performance -- A New Concept In The Conflict Of Laws In Matters Of Contract For The Eec, Kurt Lipstein

Northwestern Journal of International Law & Business

The concept of "characteristic performance, " used in conflicts law to determine which country's law applies in the absence of an express or implied choice of law, has been incorporated into Article 4 of the Draft Convention on the Law Applicable to Contractual and Non-Contractual Obligations. In this article, Professor Lipstein examines the purpose, history, and criticisms of the concept of "characteristic performance" and concludes by supporting the use by the Member States of characteristic performance as a means of determining the legal system governing the contract as a whole.

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The Termination Of Agency And Distributorship Agreements: A Comparative Survey, A.H. Puelinckx, H.A. Tielemans Jan 1981

The Termination Of Agency And Distributorship Agreements: A Comparative Survey, A.H. Puelinckx, H.A. Tielemans

Northwestern Journal of International Law & Business

The termination of agency agreements in most EEC Member States is regulated by statute, while the termination of distributorship agreements, with the exception of Belgium, is governed by case law. Messrs. Puelinckx and Tielemans first survey the state of the law governing the termination of agency and distributorship agreements in the EEC Member States and then discuss the efforts of the EEC to harmonize the national laws of the Member States in the area of commercial representation. The authors conclude by supporting the EEC harmonization effort relating to the laws regulating agency agreements and by calling for further efforts to …

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The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille Jan 1981

The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille

Northwestern Journal of International Law & Business

The current trend toward greater worker participation in business decisions is reflected in European Economic Community developments. In this article, Mr. Battaille examines recent European Commission measures which attempt to harmonize national company law legislation in the Member States. The author focuses particularly on the Commission's proposal for a Council Directive to ensure the right to information and consultation for workers of enterprises exercising their activities in more than one establishment or subsidiary in one or several Member States.

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Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley Jan 1981

Prohibiting Restriction Of Free Trade Within The Community: Articles 30-36 Of The Eec Treaty, P. Verloren Van Themaat, L.W. Gormley

Northwestern Journal of International Law & Business

The problem of accommodating the tensions of power between the European Economic Community and individual Member States is particularly acute in the area of prohibitions on restriction on free trade within the Community. Professor van Themaat and Mr. Gormley analyze key aspects of this problem in select decisions of the Court of Justice concerning Articles 30-36 of the EEC Treaty. The areas of discussion include the extent to which Articles 30-36 affect internal economic regulations of Member States, the difference between trading within an established Community organization and trade in an area where no organization exists, and the relation of …

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The European Economic Community -- A Profile, Utz P. Toepke Jan 1981

The European Economic Community -- A Profile, Utz P. Toepke

Northwestern Journal of International Law & Business

To enable those readers who may be unfamiliar with the history and structure of the European Economic Community to better understand the articles in this symposium, Dr. Toepke reviews the background, the institutions and the underlying theory of this unique legal phenomenon.

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The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau Jan 1981

The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau

UC Law SF International Law Review

On May 14, 1980, Articles 1005 and 1028 of the French Code of Civil Procedure were replaced with a decree instituting fifty new provisions regulating French arbitral practice. The decree responds to many of the criticisms of the former legislation, confers new status to arbitral awards and restructures the body of applicable law into a coherent and intelligent whole. This article begins with an outline of some of the policy considerations which led to the enactment of the decree and its substantive provisions. The article proceeds by analyzing the new provisions concerning French domestic arbitration, in the order in which …

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The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn Jan 1981

The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn

UC Law SF International Law Review

Two areas of controversy, post-employment limitation of former public servants and whistleblower protection of public servants, provide insight into the differences between the American and British experience in controlling public service ethics. This article compares the American system of ethical controls in the public service through statutory regulation to that of the British system, which relies on limited informal sanctions. The author suggests that the British system of controls, which relies greatly on self-restraint of individual civil servants, provides an opportunity to examine the role of law in the establishment and preservation of public service ethics in the United States …

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Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron Jan 1981

Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron

UC Law SF International Law Review

The "special status" provisions of the Law of the Sea Treaty are limited to "archipelagic states" and a broad interpretation of the provisions to include archipelagos may directly conflict with the interests of large maritime powers to maintain freedom of the High Seas. This Note uses Hawaii as a focal point and discusses the competing policy issues as well as analyzing pertinent provisions of the Treaty in reaching the conclusion that no special status will be accorded the State of Hawaii.

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Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede Jan 1981

Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede

UC Law SF International Law Review

The role of money in politics is of almost universal concern in Western representative democracies. Each nation addresses different considerations and has devised various means with which to regulate the political financing process. Against this framework, the Note examines the regulations and controls in the United States and West Germany. While the United States has developed an extensive body of regulations designed to strictly control political contributions, West Germany has only certain disclosure requirements of contributions greater than a specified amount. The Note concludes with an analysis of both systems and their respective concerns.

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Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland Jan 1981

Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland

UC Law SF International Law Review

To what extent does the National Environmental Policy Act (NEPA) govern transnational exchanges particularly in the area of commercial nuclear exports? In this article, the author details the theoretical and practical integration of various statutory mandates in a search for a coherent United States policy regarding nuclear exports and environmental protection. NEPA and the Nuclear Non-Proliferation Act of 1978 are of special interest in understanding to what extent United States licensing criteria should include examination of foreign environmental impacts.

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The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy Jan 1981

The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy

UC Law SF International Law Review

Senate Bill 144 is designed to "encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally." The author briefly discusses the current state of the law and the need for an amendment of the Webb-Pomerene Act. The provisions of S. 144 are compared with the Webb Pomerene Act and the article concludes with a discussion of the potential ramifications of the proposed legislation.

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Copyright Protection For Firmware: An International View, Amy Pierson Bates Jan 1981

Copyright Protection For Firmware: An International View, Amy Pierson Bates

UC Law SF International Law Review

The author discusses methods of protecting computer firmware from competitors. The Note focuses on patent, copyright, trade secret, and other forms of protection in Japan, West Germany, and the United States. In particular the author discusses the terms of several present and proposed international agreements to provide protection for computer firmware.

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Supra-National Judicial Decisions And National Courts, Hermann Mosler Jan 1981

Supra-National Judicial Decisions And National Courts, Hermann Mosler

UC Law SF International Law Review

International judicial decisions have been gaining increasing importance, and there is a trend in favor of the application of international law in the national sphere of jurisdiction. Justice Mosler of the International Court of Justice discusses at length the various supra-national courts of universal, regional, and specialized jurisdiction. The Article continues with an analysis of the relationship between national and supra-national courts, forms of supra-national judgments, and the effect of these judgments on the national judiciary of the states party to the action and on non-party states. Finally, the relevance of multilateral treaty systems to the enforcement of international judgments …

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Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley Jan 1981

Child Custody And Parental Authority In France, Louisiana And Other States Of The United States: A Comparative Analysis, Christopher L. Blakesley

Scholarly Works

No abstract provided.

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Canadian Merger Policy And Its International Implications, Eric K. Gressman Jan 1981

Canadian Merger Policy And Its International Implications, Eric K. Gressman

Michigan Journal of International Law

The implications of Canadian merger policy are of deep concern to U.S. and other foreign investors who have invested or are considering investing in Canada. U.S. interests own 60 percent of Canada's manufacturing industry. In 1978, approximately 250 mergers in Canada involved a foreign-owned or foreign-controlled buyer (usually U.S.). Therefore, it is not surprising that Canada's merger policy is no less important to the decisions of foreign investors in Canada than the Justice Department's policies are to domestic investors in the United States. At the same time, the Canadian government and public are concerned with their merger policy as a …

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Appendix 1: Foreign Monopoly And Merger Law Jan 1981

Appendix 1: Foreign Monopoly And Merger Law

Michigan Journal of International Law

This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.

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Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann Jan 1981

Regulation Of Concentration Through Merger Control: Germany's Continuing Efforts, Kurt Stockmann

Michigan Journal of International Law

The Federal Republic of Germany's Law Against Restraints on Competition (the ARC), establishes an extensive regime for regulating market-dominating enterprises. Therefore, large corporations, both national and multinational, are the subject of particular scrutiny in the Federal Republic. Rather than identify and address all the provisions pertinent to corporate concentration (a task whose tedium would be matched only by its enormity), this analysis will undertake three tasks: (1) briefly describe the general scope of West German merger law, (2) discuss the application of the law to cases of transnational concentration, and (3) explain the proposed Fourth Amendment to the ARC as …

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The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck Jan 1981

The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck

UC Law SF International Law Review

The trend of criminal law reform must be examined against the changing attitudes towards crime. This perspective views crime as a display of social conflict which can be resolved through criminal law sanctions. The Article discusses how comparative law is a backdrop for the reform movement on the international, regional, and individual institutional levels. The significance of comparative law is illustrated throughout by specific examples of reform on each level.

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Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador Jan 1981

Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador

UC Law SF International Law Review

Growth in the appellate caseload in the United States has caused a substantial increase in the number of judges and decisional units within a given appellate system. The author notes that a new judicial structure and procedure may be necessary to accommodate this growth. One possible solution is subject matter organization of the courts, a system used in the Federal Republic of Germany. The Article outlines the West, German judicial system, and explains in detail the administration of subject matter organization on the appellate level. The author concludes with a discussion on the possibility of using the German model as …

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