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Articles 6301 - 6330 of 8918

Full-Text Articles in Law

Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli Jan 1987

Allocation Of Mineral Resources In Antarctica: Problems And A Possible Solution, Helena M. Tetzeli

UC Law SF International Law Review

Since 1961, exploration of Antarctica has been governed by the 1959 Antarctica Treaty. The treaty suspended territorial claims to the region for thirty years, declared the area a demilitarized and nuclear-free zone, and encouraged scientific cooperation among its parties. There is now evidence that the region contains valuable minerals, petroleum and natural gas. The treaty will soon expire and there are many parties interested in developing the possible wealth of the region. Unresolved issues of sovereignty and resource development must now be resolved. This Note discusses possible approaches to the problem of ownership, including the two major theories of "exclusive …

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New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han Jan 1987

New Prc And Shanghai Regulations For The Encouragement Of Foreign Investment, Anna M. Han

UC Law SF International Law Review

Since 1978 the People's Republic of China has permitted foreigners to invest in domestic enterprises. While foreign investors were initially enthusiastic about entering the Chinese market, enthusiasm turned to disappointment when they discovered the realities of doing business in China. The problems experienced by the foreigners have included shortages of foreign exchange, high input costs, unpredictable tax treatment, and bureaucratic errors. In an attempt to alleviate some of these problems, the Chinese Government recently enacted the State Council Regulations Concerning Encouragement of Foreign Investment. Following the lead of the national government, regional governments have also adopted rules to encourage foreign …

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Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman Jan 1987

Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman

UC Law SF Communications and Entertainment Journal

Detroit television journalist Bradley Stone had a brief stay in jail because he refused to provide a grand jury with a few seconds of videotape. The tape consisted of outtakes from Stone's report on violent teenage gangs. Stone claimed a first amendment right to withhold that tape from the grand jury, which was investigating the murder of a state trooper. This note explores whether there is, and whether there should be, first amendment protection of confidential news sources. The author analyzes the various opinions in the key Supreme Court case on the subject, Branzburg v. Hayes. The note traces the …

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Visual Arts And The Law: A Bibliography, Part I, Gail I. Winson Jan 1987

Visual Arts And The Law: A Bibliography, Part I, Gail I. Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Entering China Through The Sez Open Door, William N. Post Ii Jan 1987

Entering China Through The Sez Open Door, William N. Post Ii

UC Law SF International Law Review

One of the most important steps taken by the People's Republic of China in establishing its "open door" policy towards foreign businesses has been the establishment of four Special Economic Zones (SEZs). This Article outlines the objectives to be achieved through the SEZs, the extent to which these goals have been attained, and the advantages which accrue to foreign businesses by operating in SEZs. After enumerating the preferences available to foreign businesses that operate in the SEZs, the author describes the functions of the U.S. China Shantou Technology Trade Investment Resource, Ltd., which was established to facilitate entry into the …

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Licensing In China: Practical Considerations And Tax Implications, Arthur Ho Jan 1987

Licensing In China: Practical Considerations And Tax Implications, Arthur Ho

UC Law SF International Law Review

The opening of the People's Republic of China to foreign investors has provided significant benefits: China has received aid in its plan for economic modernization and foreign companies have discovered new opportunities for trade and investment. Foreign investments generally have taken one of two forms: equity joint ventures and cooperative joint ventures. This Article first explains and compares the workings of and tax rules applicable to these two forms of investment. The author then notes that, because of the emphasis of the Chinese on the transfer of technology, direct investment is often preceded by licensing agreements. The author provides practical …

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Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy Jan 1987

Voluntary Restraint Agreements: A Threat To Representative Democracy, Kevin C. Kennedy

UC Law SF International Law Review

This Article explores the discretionary powers exercised by the executive branch in the field of international trade. It initially describes the discretionary powers of the executive branch under United States trade laws. The Article then turns to a consideration of the executive branch's power to negotiate voluntary trade restraint agreements with foreign trading partners. The author asserts that these negotiations are undertaken without congressional delegation of power; the executive branch is thus engaging in unconstitutional acts. Finally, the author considers several proposals for modifying trade relief law to properly restore congressional responsibility.

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Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan Jan 1987

Trade Related Investment Measures (Trims): Scrutiny In The Gatt And Implications For Socialist Countries, Carl W. Schwarz, Bennett A. Caplan

UC Law SF International Law Review

Governments often impose trade related investment measures (TRIMs) on foreign investors in local manufacturing ventures. These controls are designed to benefit the host country, often to the detriment of the foreign company's home country. This Article initially describes the problems associated with the use of TRIMs. It then discusses various international solutions being considered to curtail the use of TRIMs. Finally, the authors analyze current and proposed measures to strengthen GATT coverage of TRIMs. The authors conclude with a study of the effect of new international TRIM measures on socialist countries.

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Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder Jan 1987

Choice For Tort Law In Enclaves Established By United States Corporations For Expatriate Employees, Wade F. Hyder

UC Law SF International Law Review

Traditional conffict of law rules generally dictate the application of the law of the jurisdiction where a tort has occurred. This procedure, however, may bar recovery to employees living in American corporation enclaves in countries that do not afford viable remedies to tort victims. This Note first examines the nature of expatriate enclaves in foreign nations. Next, the Note focuses on the difficulties in determining standards for deciding claims that arise out of relations within the enclaves. The author compares American and Saudi Arabian laws and their underlying principles and finds that application of Islamic common law may often result …

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The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell Jan 1987

The Wholly Foreign-Owned Enterprise In China: An Alternative To The Equity Joint Venture, Bryan Powell

UC Law SF International Law Review

Wholly foreign-owned business enterprises have been allowed in the People's Republic of China since 1980, but the Chinese Government did not promote their use. This situation changed in 1986, when the Government promulgated the Foreign Enterprises Law, which provided the legal framework for establishing foreign enterprises without a Chinese partner. This Note examines the Law's effectiveness in expanding foreign economic cooperation. It initially discusses the background of equity joint ventures and wholly foreign-owned enterprises in enterprises in China. The Note then examines the Law in depth to determine if its implementation will encourage foreign investors to establish wholly owned enterprises …

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Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen Jan 1987

Good Business Sense: Changing Practices In The People's Republic Of China, Steven K. Hazen

UC Law SF International Law Review

The past decade has been a period of expanding opportunities for foreign companies wishing to conduct business in the People's Republic of China. Nonetheless, many pitfalls remain for businesses unprepared to deal with the current legal, business, and social climates in China. This Article outlines some of the factors that should be considered by attorneys when planning business and negotiation strategies for foreign businesses. The author analyzes such issues as the amount of documentation required for commercial transactions, the effects of the Chinese bureaucracy, and the role of attorneys in negotiations. The author also discusses negotiation strategies, including the formation …

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Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco Jan 1987

Equity Joint Ventures With The People's Republic Of China: A Puzzle In Politics, Law, And Tradition, Alison Lisa Patrucco

UC Law SF International Law Review

The Chinese Government now encourages equity joint ventures to attract foreign investors. There is some uncertainty on the part of investors, however; while large numbers of businesses are seeking joint venture contracts, current investors are considering leaving China. This Article provides an assessment of the status of equity joint ventures for the foreign investor. It first considers the cultural context in which agreements with Chinese entities must be approached. The author asserts that a potential investor must try to understand China's deep-rooted reservations about Western thought and practice and the pervasive influences of Chinese tradition. The author then discusses the …

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Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni Jan 1987

Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni

UC Law SF International Law Review

The growth of the Hong Kong securities market over the last twenty years has been marked by speculation, volatile securities prices, and widespread trading abuses. One important factor affecting the behavior of Hong Kong investors has been the flow of information to the market. For the most part, trading in the Colony is fed by rumors. The use of rumors in making investment decisions adversely affects the integrity of the market since most investors are unable to distinguish between rumors and facts. At the same time, a number of individuals have access to inside information because of their positions in …

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Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill Jan 1987

Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill

UC Law SF International Law Review

The trade policy of the People's Republic of China encourages imports of computer technology from the United States. While this interest in its products should allow the United States to improve its balance of trade, exporters of computer technology are encountering barriers from American regulators which make it difficult to meet the Chinese demand. This Note examines the rules adopted by Congress and the Department of Commerce that have affected the competitive posture of American companies wishing to sell computer technology to China. The author focuses on the Export Administration Act of 1979 and the 1985 amendments to that Act. …

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The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust Jan 1987

The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust

UC Law SF International Law Review

Traditional international law generally condemns acts of terrorism and violations of human rights. The United Nations also condemns such actions. This Article first examines the legal responsibility of all nations to respect and protect human rights within their borders. It then discusses the legal responsibility of all countries to protect human rights outside their own borders. Under both the United Nations Charter and general principles of customary international law, every state has a duty to refrain from assisting or even tolerating known terrorist activities. The author analyzes United States precedent and points out that this duty has been acknowledged by …

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Consistency Over Time: The Fcc's Indecency Rerun, L. A. Powe Jr. Jan 1987

Consistency Over Time: The Fcc's Indecency Rerun, L. A. Powe Jr.

UC Law SF Communications and Entertainment Journal

The FCC reinvigorated the decade-old Pacifica indecency standard in a trio of cases involving Howard Stern's popular radio talk show, songs aired on a college station, and a play about two gays dying of AIDS who discuss their sexual fantasies over the phone that was aired on Pacifica's Los Angeles station. The trio maintains a surprising consistency with past commission behavior. First, it is the direct result of politics and the need to give the Republican right a victory. Second, it reestablishes what the original Pacifica action was meant to cover. Finally, it is yet another example of the belief …

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Posadas De Puerto Rico V. Tourism Company Of Puerto Rico: The End Of The Beginning, P. Cameron Devore Jan 1987

Posadas De Puerto Rico V. Tourism Company Of Puerto Rico: The End Of The Beginning, P. Cameron Devore

UC Law SF Communications and Entertainment Journal

In a speech delivered in November 1987, the author analyzes developments in the commercial speech doctrine since the Supreme Court's 1986 decision in Posadas de Puerto Rico v. Tourism Company of Puerto Rico. The speech argues that Posadas is distinguishable on its unusual facts from other commercial speech cases, and is fundamentally inconsistent with the Supreme Court's seminal commercial speech decision in Central Hudson Gas & Electric v. Public Service Commission (1980). The author believes that a total ban on tobacco advertising would be impermissible under the first amendment, and not legitimized by Posadas. Finally, the speech reviews other significant …

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A Critique Of The Fowler Fcc's 1984-85 Multiple Ownership Rule, Herbert H. Howard Jan 1987

A Critique Of The Fowler Fcc's 1984-85 Multiple Ownership Rule, Herbert H. Howard

UC Law SF Communications and Entertainment Journal

In 1984-85, the Federal Communications Commission liberalized its rules governing multiple ownership of broadcast stations. Since then, television station ownership has undergone rapid change as stations and entire groups have become vehicles for quick capital gains by speculators. Elimination of the Commission's three-year holding rule, coupled with economic speculation and rising station values resulted in a marked increase in station trading and ownership instability. The author analyzes the Fowler Commission's multiple ownership rule and the elimination of the long held "anti-trafficking" policy and questions the wisdom of the latter in terms of industry instability.

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Policy-Making At The Fowler Fcc: How Speeches Figured In, Daniel Brenner Jan 1987

Policy-Making At The Fowler Fcc: How Speeches Figured In, Daniel Brenner

UC Law SF Communications and Entertainment Journal

Part of the legacy of FCC Chairman Mark Fowler are the speeches in which he advocated his theory of deregulation. The author, Fowler's legal advisor and principal speech-writer, states his view of the Fowler chairmanship, indicating which speeches were intended, at least by those in office, to be the milestones of that period. He offers an appraisal of the successes and failures of the chairmanship. Additionally, he generalizes about the limits of the speech-making function at an administrative agency, given its responsibility to Congress.

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The Fcc Under Mark Fowler: A Mixed Bag, Henry Geller Jan 1987

The Fcc Under Mark Fowler: A Mixed Bag, Henry Geller

UC Law SF Communications and Entertainment Journal

The FCC's performance under Chairman Mark Fowler (1981-87) calls for a mixed verdict, in the author's estimate. Fowler's reliance on competition, the marketplace, and deregulation, fit the common carrier area, but ill served the present public interest standard of the Communications Act in the broadcast field. This article assesses FCC activities in this period in the above two fields, and also in the cable television and spectrum areas.

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The Federal Communications Commission 1981-1987: What The Chairman Said, Mark S. Fowler Jan 1987

The Federal Communications Commission 1981-1987: What The Chairman Said, Mark S. Fowler

UC Law SF Communications and Entertainment Journal

Speeches of Mark Fowler-Chairman of the Federal Communications Commission from 1981-1987-are edited and arranged according to subject matter. The speeches represent Fowler's vision for the FCC during his tenure. They may serve as a useful research tool for scholars and practitioners in the communications field.

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West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins Jan 1987

West V. Mead Data Central: Has Copyright Protection Been Stretched Too Far, Thomas P. Higgins

UC Law SF Communications and Entertainment Journal

The Eighth Circuit recently held that Mead Data Central infringed West Publishing's copyright by using page numbers from West's case reporters in its computer-assisted legal research system, LEXIS. Mead Data Central intended to insert West's page numbers in its case database so that LEXIS users could have pinpoint citations to pages in West's case reporters. The author examines the opinion in detail, concluding that the court's decision stretched copyright protection too far. The author maintains that the unfortunate result of West Publishing Co. v. Mead Data Central should be changed through judicial action or legislative amendment to the Copyright Act. …

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Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond Jan 1987

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

UC Law SF Communications and Entertainment Journal

In this commentary, the author analyzes the United States Supreme Court's decision in Philadelphia Newspapers, Inc. v. Hepps. While recognizing the Court's narrow holding, this commentary focuses attention on the vital defamation questions left unanswered by the Hepps decision.

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International Law And National Security, Arthur J. Goldberg Jan 1987

International Law And National Security, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

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Oral History: Justice Bernard S. Jefferson, Hastings Constitutional Law Quaterly Jan 1987

Oral History: Justice Bernard S. Jefferson, Hastings Constitutional Law Quaterly

UC Law Constitutional Quarterly

No abstract provided.

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California's Prayer Healing Dilemma, Joanna A. Gekas Jan 1987

California's Prayer Healing Dilemma, Joanna A. Gekas

UC Law Constitutional Quarterly

No abstract provided.

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The Deference Dilemma: Judicial Responses To The Great Legislative Power Giveaway, Leslie E. Gerwin Jan 1987

The Deference Dilemma: Judicial Responses To The Great Legislative Power Giveaway, Leslie E. Gerwin

UC Law Constitutional Quarterly

No abstract provided.

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The Envelope, Please: Problems And Proposals For Electronic Mail Surveillance, C. Leigh Haynes Jan 1987

The Envelope, Please: Problems And Proposals For Electronic Mail Surveillance, C. Leigh Haynes

UC Law Constitutional Quarterly

No abstract provided.

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Criminal Rico Forfeitures And The Eighth Amendment: Rough Justice Is Not Enough, Vernon M. Winters Jan 1987

Criminal Rico Forfeitures And The Eighth Amendment: Rough Justice Is Not Enough, Vernon M. Winters

UC Law Constitutional Quarterly

No abstract provided.

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The Contract Clause: A Return To The Original Understanding, Douglas W. Kmiec, John O. Mcginnis Jan 1987

The Contract Clause: A Return To The Original Understanding, Douglas W. Kmiec, John O. Mcginnis

UC Law Constitutional Quarterly

No abstract provided.

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