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Articles 5791 - 5820 of 8918

Full-Text Articles in Law

Investment Opportunities And Barriers In Japan: The Regulation Of Direct Investment, Toshinobu Inada Jan 1991

Investment Opportunities And Barriers In Japan: The Regulation Of Direct Investment, Toshinobu Inada

UC Law SF International Law Review

Foreign investors are often interested in direct investment in Japan by establishing a subsidiary in Japan or in investing in already-existing Japanese companies. However, investors' plans are often thwarted by unexpected legal problems and cultural differences. The author explores the many formal and informal barriers to direct investment in Japan, including regulatory and legal impediments.

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Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos Jan 1991

Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos

UC Law SF International Law Review

Recent developments in the People's Republic of China and the Soviet Union warrant a comparative study of the imposition of criminal liability for political dissent. In the Soviet Union, substantive changes in criminal dissent laws seem dramatic. In China, various doctrinal pronouncements may have a great effect on the application of such laws. This Note analyzes the similarities and differences in the current political imperatives of both nations in relation to their criminal laws, and attempts to discern possible future uses of criminal law as a means of suppressing political speech.

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The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman Jan 1991

The Overseas Private Investment Corporation And Worker Rights: The Loss Of Role Models For Employment Standards In The Foreign Workplace, James M. Zimmerman

UC Law SF International Law Review

The Overseas Private Investment Corporation (OPIC) was created in 1969 to encourage private American investment in developing countries. OPIC finances overseas projects and provides insurance against loss due to political risks. In 1985 because of concerns that OPIC-assisted projects in countries with low labor costs were resulting in the loss of domestic jobs, Congress passed a law requiring OPIC to withhold assistance from projects in countries which fail to adopt and implement internationally recognized workers' rights. This Article argues that this legislation is counterproductive. Developing countries are deprived of role models, since most OPIC projects adhere to higher labor standards …

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Equity In Maritime Boundary Delimitations: The Gulf Of Maine Case, Ina Raileanu Jan 1991

Equity In Maritime Boundary Delimitations: The Gulf Of Maine Case, Ina Raileanu

UC Law SF International Law Review

On December 12, 1984, an ad hoc chamber of the International Court of Justice delivered its opinion in the Case Concerning the Delimitation of the Maritime Boundary in the Gulf of Maine Area. The decision had been anxiously awaited as the first attempt in the history of the Court to effect a line of delimitation for both the continental shelf and the exclusive economic zone. This Note discusses the equity of the Court's decision with emphasis on the role played by the principle of proportionality. In particular, this Note criticizes the interpretation and application of the principle by the United …

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The P.R.C.'S First Copyright Law Analyzed, Jianming Shen Jan 1991

The P.R.C.'S First Copyright Law Analyzed, Jianming Shen

UC Law SF International Law Review

This Article explains the People's Republic of China's new copyright law, the Authorship Right Law, which is scheduled to take effect on June 1, 1991. The Article explores how the new law protects the moral and economic (property) rights of authors and other copyright holders. The Article specifically analyzes a number of issues, including copyrightable subject matter, neighboring rights and obligations, penalties for infringement, and the international aspects of the law. The author also discusses the positive and negative aspects of the Authorship Right Law, both within China and internationally.

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Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines Jan 1991

Taking Responsibility For Transboundary Environmental Effects, Sanford E. Gaines

UC Law SF International Law Review

There are recent encouraging examples of cooperation in international environmental affairs. However, nations have made only disappointing progress in developing international law to assign liability among nations for environmental injury. One positive step was taken when the U.N.-sponsored World Commission on Environment and Development appointed an Experts Group on Environmental Law. This Article describes and critiques the report of the Experts Group, taking some guidance from its principles, but finding many conclusions that should be changed. The Article proposes that international law should include expanded strict liability concepts applied to actual damages from environmental injury.

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The World Bank's Environmental Assessment Policy, R.J.A. Goodland Jan 1991

The World Bank's Environmental Assessment Policy, R.J.A. Goodland

UC Law SF International Law Review

Environmental assessment (EA) became mandatory in all World Bank-assisted projects in October 1989. The purpose of EA is to ensure that the development options under consideration are environmentally sound and sustainable, and that any environmental consequences are recognized early in the project cycle and taken into account in EA policy. This Article outlines the World Bank's EA policy and the most common type of EA, project-specific EAs. Annexed to this Article is a checklist of potential issues of an EA, a description of the categories of EA, a sample outline of a project-specific EA, and a source list of EA …

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Disregarding Environmental Law: Petroleum Development In Protected Natural Areas And Indigenous Homelands In The Ecuadorian Amazon, Judith Kimerling Jan 1991

Disregarding Environmental Law: Petroleum Development In Protected Natural Areas And Indigenous Homelands In The Ecuadorian Amazon, Judith Kimerling

UC Law SF International Law Review

The Oriente region of Ecuador is one of the most biologically diverse rain forests in the world. This Article explores the negative effects of oil development on the Oriente's environment. The author discusses the direct devastation oil development wreaks on both the environment and the indigenous people of the Oriente. This Article also discusses the collateral consequences of oil development which include massive road building and colonization of the rain forest. The author explains the deficiencies in existing environmental regulations in the Oriente, and suggests the need for extensive study of the environmental impact of oil development and the need …

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Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott Jan 1991

Siberia, Environmentalism, And Problems Of Environmental Protection, Armin Rosencranz, Antony Scott

UC Law SF International Law Review

Siberia contains the world's largest undeveloped open space. It comprises one-tenth of the world's land mass, contains one-fifth of the earth's forest cover, is home to some of the largest herds of reindeer, and contains Lake Baikal, which holds twenty percent of the world's fresh water. However, the long-term integrity of Siberia's rich and beautiful environment is in serious jeopardy because the very natural riches that give Siberia its environmental significance also invite exploration and exploitation. The Article examines some of the historical inadequacies of the Soviet legal and regulatory systems, the current economic concerns of the local Siberian communities, …

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Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno Jan 1991

Protection Of Endangered Gorillas And Chimpanzees In International Trade: Can Cites Help, Valerie Karno

UC Law SF International Law Review

Anyone who is concerned about animals is inevitably outraged and frustrated by the atrocities committed in the international community by poachers and those who deal in the illegal trade of primates. This Note focuses on the widespread trade in endangered chimpanzees and gorillas, primates who are humans' closest living relatives on the planet. This Note gives explicit examples of the worldwide abuses committed by a host of First and Third World countries, exploring the systems by which Third World poachers export animals to First World agents under a guise of legitimacy. The Note then considers the governing international wildlife law, …

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Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin Jan 1991

Comparison Of Foresty Laws In The United States And Brazil As They Promote Deforestation In Southeastern Alaska And The Amazon Basin, Julia Levin

UC Law SF International Law Review

While the world condemns the destruction of the Amazonian rain forest in Brazil, the United States government allows non-sustainable timber harvesting in the world's largest nontropical rain forest, the Tongass National Forest, in southeastern Alaska. Both United States and Brazilian forest policies developed primarily to create jobs and provide economic stability. The two governments' subsidies and tax incentives have resulted, instead, in powerful private industries and expansive bureaucracies, whose budgets depend in part on continued forest destruction. Although both the United States and Brazil have recently reformed their forest policies, neither country's reforms are broad enough to protect the countries' …

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Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron Jan 1991

Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron

UC Law SF International Law Review

The Vienna Convention of 1985, the Montreal Protocol of 1987, and the London Amendments and Adjustments of 1990 constitute an international response to the problem of the depletion of the ozone layer by chloroflourocarbons. This Article describes the organization of parties under this international framework, and discusses the adoption of reduction schedules with delayed phaseout plans for developing countries. The Article points out that international lawmaking differs from international environmental lawmaking in that the latter involves greater uncertainty about reality, requires participation by major contributors to the depletion of the ozone layer, and poses the problem of being either unmanageably …

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Differences In Culture, Society, Economics, And Politics And Their Effect On Enforcement Of Securities Laws, Wataru Horiguchi Jan 1991

Differences In Culture, Society, Economics, And Politics And Their Effect On Enforcement Of Securities Laws, Wataru Horiguchi

UC Law SF International Law Review

Much of Japan's law of securities regulation is based on U.S. securities regulation law. This Article describes how Japanese securities law is not specifically tailored to Japanese needs. The author then describes how social, cultural, economic, and political circumstances in Japan impede or frustrate enforcement of these laws.

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Effective International Supervision Of Global Securities Markets, David S. Ruder Jan 1991

Effective International Supervision Of Global Securities Markets, David S. Ruder

UC Law SF International Law Review

Global trading in securities will increase substantially in the decade of the 1990s. This Article presents an overview of regulatory problems that must be addressed if international securities markets are to flourish.

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Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck Jan 1991

Taxation Implications Of Global Trading: A Summary, Charles Thelen Plambeck

UC Law SF International Law Review

In this Article, the author analyzes global trading by financial intermediaries of stocks, securities, and other products. To focus the analysis, the author describes typical organizational and locational patterns and points out the high degree of international functional integration common in this activity. The Article next discusses the current tax rules applicable to global trading. The author focuses on the Organization for Economic Cooperation and Development model income tax treaty and the Internal Revenue Code rules that govern the apportionment among jurisdictions of the profits of this activity. The author concludes that global trading challenges many fundamental economic assumptions upon …

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Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan Jan 1991

Investment Opportunities And Barriers, Basil J. Schwan, Kayla J. Gillan

UC Law SF International Law Review

This Article examines some of the negative aspects of corporate investment in the United States which result from a variety of corporate management protection schemes. These schemes reduce corporate accountability to shareholders and can be overcome only by federal leadership aimed at curtailing defensive actions by state governments which aggravate the accountability gap.

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Settlement Of Disputes Over Securities Transactions, Koji Shindo Jan 1991

Settlement Of Disputes Over Securities Transactions, Koji Shindo

UC Law SF International Law Review

This Article describes some of the prevalent aspects of civil litigation in Japan and then discusses them in the context of international disputes. Specifically, this essay examines the problems of international securities transactions disputes arising in Japanese courts, where there exists little precedent for their resolution. Since such litigation will become more prevalent with the growth of cross-border trading, Japanese courts must consider reforming their practices in order to deal with these suits efficiently and consistently. Reform must take place specifically in the areas of class action suits and civil discovery practices.

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International Civil Litigation Over Securities-Related Disputes In Japan, Yoshikazu Takaishi, Osamu Hirakawa, Fumio Tomatsu Jan 1991

International Civil Litigation Over Securities-Related Disputes In Japan, Yoshikazu Takaishi, Osamu Hirakawa, Fumio Tomatsu

UC Law SF International Law Review

Because of the relative paucity of international securities litigation in Japan, it is difficult to predict the outcome of such disputes. The Author studies the relatively few Japanese precedents in an effort to determine the jurisdictional issues which will arise when American investors sue Japanese securities firms, and vice versa. He discusses some of the litigation tactics of Japanese lawyers used to gain a favorable forum or to remove cases from Japanese courts in an effort to thwart foreign party lawsuits. Such jurisdictional problems can create barriers against the globalization of securities markets, and the world's legal systems must be …

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A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii Jan 1991

A Comparative Analysis Of European And American Environmental Laws: Their Effects On International Blue Chip Corporate Mergers And Acquisitions, Nelson G. Smith Iii

UC Law SF International Law Review

The prospect of a unified European consumer market in 1992 has brought acquisition of European subsidiaries by American blue chip corporations to an all-time high. Along with these new relationships, however, come numerous problems of environmental law. Recent developments in international law indicate that American corporations may inherit extensive liabilities under CERCLA and unwieldy administrative problems when acquiring European holdings. Further complicating these transactions, access to important documents regarding a property's prior use is often difficult to obtain and incomplete to satisfy emerging liability standards. This Article explores the effects environmental laws and liabilities can have on an international blue …

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Employment Termination Reform: What Should A Statute Require Before Termination--Lessons From The French, British, And German Experiences, Karen Paull Jan 1991

Employment Termination Reform: What Should A Statute Require Before Termination--Lessons From The French, British, And German Experiences, Karen Paull

UC Law SF International Law Review

The United States is the only major industrialized nation that has not enacted legislation to protect an employee's interest in security of employment. As a result, this interest has been in a state of uncertainty subject to changing case law and divergent state legislation. The recent draft of the Uniform Employment Termination Act has attempted to find a remedy for this situation. It failed to address, however, pretermination safeguards which could help prevent wrongful terminations, alleviate the emotional stress associated with terminations, and facilitate reemployment if necessary. This Note examines the role of pretermination safeguards in the employment protection statutes …

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The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki Jan 1991

The Developing Countries In The Evolution Of An International Environmental Law, John Ntambirweki

UC Law SF International Law Review

Until the global community began to recognize the damage wrought by uninhibited economic development throughout most of this century, the developing countries of the Third World foresaw and aspired to a similar unimpeded advance toward economic prosperity. Instead, in an effort to establish international economic order and environmental conservation, the developed countries asked the developing countries to join them in championing environmental conservation at the expense of economic development. Despite the fundamental incompatibility between developmental and environmental goals, the developing countries reluctantly joined the environmental cause, hoping to secure a role for themselves as the creators of new international environmental …

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The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias Jan 1991

The European Community's Regulation And Control Of Waste And The Adoption Of Civil Liability, Patrick E. Thieffry, Peter E. Nahmias

UC Law SF International Law Review

The European Community has primarily been concerned with economic integration among its member states. However, along with economic integration comes the need for uniform environmental policies. This Article discusses the current regulatory structure of waste management in the European Community and outlines the recently proposed directive calling for strict liability for injury or environmental damages caused by wastes. The proposed directive is intentionally broad in scope, and imposes joint and several civil liability upon the responsible parties. This Article discusses the pros and cons of the proposed directive in terms of the development of centralized and uniform European Community environmental …

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The Art Auctioneer: Duties And Assumptions, Jorge Contreras Jan 1991

The Art Auctioneer: Duties And Assumptions, Jorge Contreras

UC Law SF Communications and Entertainment Journal

The sale of unique art objects at auctions has grown into a multi-million dollar industry in the United States, yet it is still regulated by antiquated notions of agency and sales law. This Article analyzes the legal rules which affect art auctioneers in light of some "common sense" assumptions about the auction process. It reveals that some practices of modem art auctioneers violate these basic assumptions and proposes a set of rules for art auctioneers that conforms with them.

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Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof Jan 1991

Caller Identification: Stealing Your Name And Number, Benjamin R. Seecof

UC Law SF Communications and Entertainment Journal

In an age when businesses survive on the purchase and sale of information, finding new ways to protect personal information is important. Caller identification displays a caller's telephone number to the recipient of the call. Businesses use the identified number to access personal information about the caller and to create mailing lists. Meanwhile, telephone companies make a tidy profit charging for number identification. Therefore, this Comment, rather than claiming caller identification violates constitutional privacy rights, argues that caller identification violates a caller's rights and tortiously appropriates his name and likeness.

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Music Law And Business: A Comprehensive Bibliography, 1982-1991, Gail I. Winson, Janine S. Natter Jan 1991

Music Law And Business: A Comprehensive Bibliography, 1982-1991, Gail I. Winson, Janine S. Natter

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Presenting Technologically Complex Cases To Lay Judges And Juries, Richard H. Abramson Jan 1991

Presenting Technologically Complex Cases To Lay Judges And Juries, Richard H. Abramson

UC Law SF Communications and Entertainment Journal

Technologically complex cases present trial lawyers with a significant challenge; before they can persuade the trier of fact of the rectitude of their client's position, they must ensure that it comprehends the fundamentals of the technology at issue. This article comments on the dangers lawyers face in meeting this challenge, and suggests that a little creativity, when combined with available procedural and technological devices, can adequately educate the decision maker in all but the most unusual case.

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Lotus Development V. Paperback Software: The Overextension Of Copyright Protection To Functional Aspects Of Computer Software, Dag Johansen Jan 1991

Lotus Development V. Paperback Software: The Overextension Of Copyright Protection To Functional Aspects Of Computer Software, Dag Johansen

UC Law SF Communications and Entertainment Journal

The Copyright Act protects computer programs, but the exact scope of protection has never been firmly established. Recently, computer software producers have attempted to use the copyright protection of the underlying program to protect the user interface, also known as the "look and feel." In Lotus Development v. Paperback Software, a district court granted broad protection to the user interface of the Lotus 1-2-3 spreadsheet. This article examines the Lotus decision and concludes that the decision improperly extended copyright to protect functional elements of the program.

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The First Amendment At Its Third Century: Reckoning With The Ravages Of Time, Donald E. Lively Jan 1991

The First Amendment At Its Third Century: Reckoning With The Ravages Of Time, Donald E. Lively

UC Law Constitutional Quarterly

No abstract provided.

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Restricting Surrogacy To Married Couples: A Constitutional Problem--The Married-Parent Requirement In The Uniform Satus Of Children Of Assisted Conception Act, Ann Maclean Massie Jan 1991

Restricting Surrogacy To Married Couples: A Constitutional Problem--The Married-Parent Requirement In The Uniform Satus Of Children Of Assisted Conception Act, Ann Maclean Massie

UC Law Constitutional Quarterly

No abstract provided.

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The Emissions Trading Policy: Smoke On The Horizon For Takings Clause Claimants, Yvonne F. Lindgren Jan 1991

The Emissions Trading Policy: Smoke On The Horizon For Takings Clause Claimants, Yvonne F. Lindgren

UC Law Constitutional Quarterly

No abstract provided.

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