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Articles 30481 - 30510 of 32673

Full-Text Articles in Law

Direct Broadcasting Via Satellite And A New Information Order, Ram S. Jakhu Jan 1981

Direct Broadcasting Via Satellite And A New Information Order, Ram S. Jakhu

Syracuse Journal of International Law and Commerce

This paper focuses on the legal analysis of what the author views as the two major problems of direct broadcasting via satellite (DBS): access to natural resources, like the radio spectrum and the geostationary orbit; and the contents of international DBS.

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Back Matter Jan 1981

Back Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

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The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson Jan 1981

The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson

Faculty Articles and Other Publications

Recent federal court of appeals decisions have relied on fundamental human rights norms to inform constitutional interpretation. This comment reviews the reasoning in those cases to identify possible constitutional uses of fundamental human rights norms and to suggest some conceptual framework for their use. The need for such a framework is illustrated by the cases themselves, which seem disparate and disjointed, with no discernible coherent philosophy, though each makes good sense when considered alone.

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Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark Jan 1981

Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark

UC Law SF International Law Review

Since the courts have been unable to develop a workable test to distinguish between political and non-political offenses, this Note argues for a clear division between the roles of the judiciary and the executive in extradition proceedings. This division-of-responsibility approach would have the judiciary determine probable cause and the sufficiency of evidence to sustain a charge against an accused while the determination of the political or non-political character of an offense would be left to the State Department. The Note argues that had this approach been adopted, recent extradition decisions could have reached harmonious results.

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The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden Jan 1981

The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden

UC Law SF International Law Review

International human rights law may give rise to domestically enforceable rights. The Note traces the evolution of international human rights law, and examines the cases in which international human rights law has been applied as authority in United States courts. One obstacle to widespread domestic application of international law is a subjective approach to "self-executing treaty analysis" used by some courts. The Note urges a re-evaluation of the self-executing treaty analysis as applied to changing international human rights law, and suggests that treaties should be evaluated on the basis of the express treaty language, and not on the basis of …

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International Trade: Ftc Service Of Subpoena Abroad, David K. Millon Jan 1981

International Trade: Ftc Service Of Subpoena Abroad, David K. Millon

Scholarly Articles

None available.

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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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Le Nouvel Ordre Mondial De L'Information Et Les Satellites De Radiodiffusion Directe (The New World Information Order And Direct Broadcasting Satellites), Mustapha Masmoudi Jan 1981

Le Nouvel Ordre Mondial De L'Information Et Les Satellites De Radiodiffusion Directe (The New World Information Order And Direct Broadcasting Satellites), Mustapha Masmoudi

Syracuse Journal of International Law and Commerce

Certain general principles of the New World Order of Information and Communication directly pertaining to space communications are reviewed, and the problems faced by developing countries and the solutions they are counting on are analyzed.

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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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Symposium On The European Economic Community -- An Introduction, Dennis Thompson Jan 1981

Symposium On The European Economic Community -- An Introduction, Dennis Thompson

Northwestern Journal of International Law & Business

The editors of the Northwestern Journal of International Law & Business are to be congratulated for commemorating the 25th anniversary of the founding of the European Economic Community with this issue. This issue brings together many distinguished experts to deal with the very diverse legal consequences of the Rome Treaty. From these contributions it will be seen that the new legal order in Europe has taken firm root.

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The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer Jan 1981

The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer

Northwestern Journal of International Law & Business

The Hague Conference on Private International Law has attempted, since its revitalization in the 1950, to unify the rules of private international law. The efforts of the Conference have in the past centered around the fields of civil procedure, conflict of laws, the international sale of goods, products liability and international family law. Messrs. Droz and Dyer review the history of the achievements of the Conference in these fields and reflect on the problems and opportunities the Conference will encounter in the 1980"s.

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Towards A Better Understanding Of Latin America, Tatiana B. De Maekelt Jan 1981

Towards A Better Understanding Of Latin America, Tatiana B. De Maekelt

Case Western Reserve Journal of International Law

No abstract provided.

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Book Review, Luis O. Beltre Jan 1981

Book Review, Luis O. Beltre

Case Western Reserve Journal of International Law

No abstract provided.

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Looking At The World Realistically, Nicholas N. Kittrie Jan 1981

Looking At The World Realistically, Nicholas N. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

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Self-Determination Under International Law: Validity Of Claims To Secede, Ved P. Nanda Jan 1981

Self-Determination Under International Law: Validity Of Claims To Secede, Ved P. Nanda

Case Western Reserve Journal of International Law

No abstract provided.

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The Iran Hostage Crisis: The United States As Fifty-Third Hostage?, Kenneth L. Warsh Jan 1981

The Iran Hostage Crisis: The United States As Fifty-Third Hostage?, Kenneth L. Warsh

Maryland Journal of International Law

No abstract provided.

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Export Trading Company Act Of 1982: Prospects And Analysis, Douglas Rigler, Carol Lottman Jan 1981

Export Trading Company Act Of 1982: Prospects And Analysis, Douglas Rigler, Carol Lottman

Maryland Journal of International Law

No abstract provided.

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Extraterritorial Enforcement Of U.S. Antitrust Laws: The British Reaction, Najeeb Samie Jan 1981

Extraterritorial Enforcement Of U.S. Antitrust Laws: The British Reaction, Najeeb Samie

Maryland Journal of International Law

No abstract provided.

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The Joint Venture Law Of The Peoples' Republic Of China: Business And Legal Perspectives, David I. Salem Jan 1981

The Joint Venture Law Of The Peoples' Republic Of China: Business And Legal Perspectives, David I. Salem

Maryland Journal of International Law

No abstract provided.

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Foreign Investment In United States Real Estate: Congress Acts To Reduce Incentives, Patricia A. Mathias Jan 1981

Foreign Investment In United States Real Estate: Congress Acts To Reduce Incentives, Patricia A. Mathias

Maryland Journal of International Law

No abstract provided.

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Judicial Abstention Through The Act Of State Doctrine. International Association Of Machinists V. Organization Of Petroleum Exporting Countries, 649 F.2d 1354 (9th Cir. 1981), Richard Bardos Jan 1981

Judicial Abstention Through The Act Of State Doctrine. International Association Of Machinists V. Organization Of Petroleum Exporting Countries, 649 F.2d 1354 (9th Cir. 1981), Richard Bardos

Maryland Journal of International Law

No abstract provided.

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Foreign Commercial Dispute Settlement In The People's Republic Of China, Sally Lord Ellis, Laura Shea Jan 1981

Foreign Commercial Dispute Settlement In The People's Republic Of China, Sally Lord Ellis, Laura Shea

Maryland Journal of International Law

No abstract provided.

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Export Controls To China: An Emerging Trend For Dual-Use Exports, Sally A. Meese Jan 1981

Export Controls To China: An Emerging Trend For Dual-Use Exports, Sally A. Meese

Maryland Journal of International Law

No abstract provided.

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Customs Court Reform, Jane Lynn Stafford Jan 1981

Customs Court Reform, Jane Lynn Stafford

Maryland Journal of International Law

No abstract provided.

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Emerging United States Policy With Regard To The International Movement Of National Cultural Property, Cyd B. Wolf Jan 1981

Emerging United States Policy With Regard To The International Movement Of National Cultural Property, Cyd B. Wolf

Maryland Journal of International Law

No abstract provided.

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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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