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Full-Text Articles in Law
The Trading With The Enemy Act Of 1917 And Foreign-Based Subsidiaries Of American Multinational Corporations: A Time To Abstain From Restraining, Jack W. Hodges
The Trading With The Enemy Act Of 1917 And Foreign-Based Subsidiaries Of American Multinational Corporations: A Time To Abstain From Restraining, Jack W. Hodges
San Diego Law Review
When it is learned that the MP is complaining about the United States and its control over the export trading practices of a major Canadian corporation, Ford Ltd., surprise in in order. How, and more interestingly, why would the United States exercise control over the transactions of a foreign corporation? What has become of Canada's national sovereignty? The answers concern an explosive and intriguing aspect of multinational corporations, involve a conflict between national and international law and furnish a basis for international dispute. The issue is one of national sovereignty and conflicting attempts at control over forcing subsidiaries of multinational …
Use Of A Domestic International Sales Corporation To Reduce Federal Income Tax On Export Earnings, Robert S. Rendell
Use Of A Domestic International Sales Corporation To Reduce Federal Income Tax On Export Earnings, Robert S. Rendell
San Diego Law Review
The Domestic International Sales Corporation (hereinafter DISC) provisions were introduced into the International Revenue Code by the Revenue Act of 1971. The purpose of these provisions was to increase U.S. exports and thereby (1)improve the balance of trade position of the United States which had been deteriorating badly during the late 1960's and early 1970's, and (2) reduce the unemployment rate which ad increased significantly during the latter part of this period. The method employed to achieve these objectives was a tax incentive for U.S. exporters in the form of the deferral of federal income tax on export income earned …
Centralizing The International Operations Of Multinationals, Albert S. Goldbert, James J. Wilson
Centralizing The International Operations Of Multinationals, Albert S. Goldbert, James J. Wilson
San Diego Law Review
The thesis to this Article is that, ideally, international decision making should be managed from a central control point, leaving day-to-day management and operational control within each of the operating locations. The purpose of the central location would be, basically, to get an overview of the world, to put together the pieces of the global enterprise in such a manner as to be able to take advantage of the shifting trade, financial, monetary and development whims of not only the free world but, more recently, the communist world which is wont to enter the international monetary and development markets in …
International Labor And The Regulation Of Multinational Corporations: Proposals And Prospects, David Blake
International Labor And The Regulation Of Multinational Corporations: Proposals And Prospects, David Blake
San Diego Law Review
After a short introduction, this Article seeks to examine some of the legal and non-legal regulatory schemes which have been advanced as mechanisms by which labor unions might be able to achieve their objectives regarding the control of multinational enterprises. Within this general concern, this Article focuses on international, regional and foreign efforts to establish regulations, purposefully neglecting American labor's support of the Burke-Hartke bill about which so much has been written already.
The Multinational Enterprise In The Context Of Latin American Economic Integration: The Andean Agreement Model, Dennis L. Greenwald
The Multinational Enterprise In The Context Of Latin American Economic Integration: The Andean Agreement Model, Dennis L. Greenwald
San Diego Law Review
Latin America is indubitably experiencing a new wave of economic nationalism. This has been reflected most poignantly in recent free trade and economic integration efforts as well as the more dramatic actions such as expropriations and natinalizations of American subsidiaries in Chile and Peru. The ramifications of this modern era of ecoomic independence is of pressing importance to foreign investors. Therefore, an examination of the multinational enterprise in the context of recent economic integration efforts is crucial to an understanding of the foreign investor's future in Latin America.
Foreign Restrictions On U. S. Investment, Henry T. King Jr.
Foreign Restrictions On U. S. Investment, Henry T. King Jr.
San Diego Law Review
The past year has witnessed significant and far-reaching changes in legal restrictions encountered by the U.S. corporate investor in his overseas investment activities. New patterns of control and decontrol appear to be emerging in key areas of the world, and the U.S. corporate investor must be fully prepared to anticipate and deal with them. In some areas completely new styles of participation for the U.S. investor have evolved while in others existing patterns have been modified.
Export Financing, William P. Streng
Export Financing, William P. Streng
San Diego Law Review
The purpose of this Article, as part of a legal symposium concerning international business transactions, is to focus upon the financing aspects of export transactions. Any anticipated commercial purchase of substantial magnitude will normally required that financing be available so as to enable the sales transaction to be completed. The fact that a sales transaction my result in an export from the United States does not cause financing requirements to disappear. In fact, particularly with respect to exports to developing countries, the need for credit may be greater than domestic credit requirements.
The Foreign Direct Investment Regulations, 1973: Balance Of Payments Remedy Or Regulation Of Multinational Corporations?, Gregg Allen Johnson
The Foreign Direct Investment Regulations, 1973: Balance Of Payments Remedy Or Regulation Of Multinational Corporations?, Gregg Allen Johnson
San Diego Law Review
This Article proposes to examine the gradual changes that have occurred in the Regulations since their inception and to raise the question whether the original purpose of the Regulations has been forgotten. This writer suggests the possibility that the main purpose of the controls is no longer to remedy the balance of payments deficit, but to observe and regulate the large U.S. based multi-national corporations.
Continental Can--New Strength For Common Market Anti-Trust, Wm. H. Haubert Ii
Continental Can--New Strength For Common Market Anti-Trust, Wm. H. Haubert Ii
San Diego Law Review
Multinational corporations take heed, for the Court of Justice of the European Communities has decided a case which promises to be a landmark in Common Market anti-trust law-Europemballage Corp. & Continental Can Co. Inc. v. EEC Commission. Although finding for Continental Can on the facts, the court broadly interpreted the European Economic Community Treaty, thus giving to teh Community's executive and administrative body, the Commission, broad but ill-defined power to oversee and perhaps control mergers. This power is derived from Article 86 of the Treaty which prohibits the abusive exploitation of a dominant position within the Common Market.
Foreword, Frank Church
Foreword, Frank Church
San Diego Law Review
This volume of the San Diego Law Review, devoted to the role of the multinational corporations, is further evidence of the burgeoning literature surrounding the emergence of these corporations in the public consciousness in recent years. Economists, political scientists, sociologists, lawyers, Governors of the Federal Reserve Board, government officials, in both the Executive and legislative branches, are seeking to understand how the activities of these corporations affect national and international economic and financial policies.
United States Multinational Corporations: The Impact Of Foreign Direct Investment On United States Foreign Relations, Clarke N. Ellis
United States Multinational Corporations: The Impact Of Foreign Direct Investment On United States Foreign Relations, Clarke N. Ellis
San Diego Law Review
This Article first provides a definition of MNCs and gives an idea of the scope of foreign direct investment (FDI). Next, the economic and political impact of FDI on both the United States (home country) and the host countries is examined. National perceptions of the economic and political effects of FDI are, in turn, important determinants of the foreign investment policies of host countries and the United States, and these policies are briefly discussed. The interaction of these sometimes complementary, sometimes conflicting foreign investment policies demonstrates the impact of FDI and U.S. foreign relations. The conclusion suggests that the ability …
Harmonization Of European Company Laws: National Reform And Transnational Coordination By Eric Stein., Herbert I. Lazerow
Harmonization Of European Company Laws: National Reform And Transnational Coordination By Eric Stein., Herbert I. Lazerow
San Diego Law Review
This is primarily a book about the legal process. It concerns a specific legal process-the process of harmonization of laws within the European Economic Community-and, despite the author's modest disclaimer, is teh best work that anyone, be he lawyer or political scientist, is likely to produce. Professor Stein is sophisticated in his views, appallingly universal in his research, subtle in presenting arguments, yet generally sound in the judgments he makes and the conclusions he draws.
Treasury Plays "Hide The Deduction," With The Lessor's Demolition Loss, Michael R. Moore
Treasury Plays "Hide The Deduction," With The Lessor's Demolition Loss, Michael R. Moore
San Diego Law Review
Current regulations treat owners and lessors differently regarding demolition deductions. This Comment examines the new United States Treasury regulations sections 1.165-3(a) and (b) by investigating the evolution of the current regulation, together with the Treasury's stand and the taxpayer's resulting position to discover whether an alternative exists to these regulations. The Comment concludes by advising taxpayers to avoid litigating demolition losses by using Treasury regulations section 1.167(a)-8(a)(4).
Bongiovanni V. Commissioner: False Hopes For Cash Basis Taxpayers, R. Dennis Luderer
Bongiovanni V. Commissioner: False Hopes For Cash Basis Taxpayers, R. Dennis Luderer
San Diego Law Review
In Bongiovanni v. Commissioner, the Second Circuit Court of Appeals applied a new interpretation of Section 357 to avoids taxing income recognized after the taxpayer transfers property to a corporation under a Section 351 exchange. However, this decision is ripe for review by the United States Supreme Court because it directly opposes Tax Court precedent and a similar Seventh Circuit case. This article recounts the background that led to Bongiovanni v. Commissioner, as well as examining cash versus accrual basis under Section 357(c) to decide whether the Bongiovanni decision actually comports with economic realities. In conclusion, the Comment concludes by …
"Zoning Shall Be Consistent With The General Plan"-A Help Or A Hindrance To Planning?, Mary A. Eikel
"Zoning Shall Be Consistent With The General Plan"-A Help Or A Hindrance To Planning?, Mary A. Eikel
San Diego Law Review
In 1971, the California legislature passed Assembly Bill 1301, which added and amended to the current California land use planning procedures. This Comment focuses on section 12 of Assembly Bill 1301. This Comment attempts to discover a definition for the phrase ?consistent with the general plan? found in section 12, and to determine whether cities and counties will be subject to inverse condemnation suits for private lands planned for public use or decreased in value. This Comment concludes by discouraging the passage of Assembly Bill 1301 because it may undermine the purpose and function of a general plan.
Environmentally Sensitive Land Use Regulation In California, John M. Winters
Environmentally Sensitive Land Use Regulation In California, John M. Winters
San Diego Law Review
At the Federal and State levels, the National Environmental Policy Act and the California Environmental Quality Act, respectively, require certain procedures before a government takes actions that significantly affect environmental quality. This Article states the case for an environmentally sensitive package involving the National Environmental Policy Act to the California Environmental Quality Act, through Assembly Bill 1301 and the Coastal Zone Initiative, with an eye toward Just v. Marinette County, to permit a review of land use decisions and provide a clear understanding of the limits of environmental protection in California. Because the resulting package involves the National Environmental Policy …
Congressional Redistricting In California: 1965-67: The Quilting Bee And Crazy Quilts, Leroy C. Hardy
Congressional Redistricting In California: 1965-67: The Quilting Bee And Crazy Quilts, Leroy C. Hardy
San Diego Law Review
In 1965, California 's state legislative districts were revised to comply with the United States Supreme Court's one man, one vote rule. This Article traces the life of proposals for congressional change from birth to approval between 1965 and 1967, and offers insight into the actual operation of a reapportionment process. This Article considers the development of a bill on redistricting from several perspectives, including a look at the political situation in 1965, the pressures and desires of political actors, and the governmental response to legal challenges. After approval, this Article considers what a reapportionment bill has done, the factors …
In Re Lynch And Beyond To Judicial Review Of Sentences, Steve Schroeder
In Re Lynch And Beyond To Judicial Review Of Sentences, Steve Schroeder
San Diego Law Review
In in re Lynch, the defendant was sentenced to life in prison for second degree indecent exposure, a punishment the defendant argued was disproportionate to his crime under the California statute prohibiting cruel and unusual punishment. This Comment examines California remedies law with a focus on correcting excessive sentences. Furthermore, this Comment explores the function, procedures, and discretion of the Adult Authority, as well as the feasibility of establishing an abuse of discretion standard for reviewing sentences. In California, there is a well established policy of judicial abstention from reviewing sentences, and thus an appeal from the determination of the …
The Consumer Product Safety Act-Placebo Or Panacea, Michael T. Fox
The Consumer Product Safety Act-Placebo Or Panacea, Michael T. Fox
San Diego Law Review
Because of the large number of incidents and injuries involving consumer products, and the resulting cost of product related injuries, Congress passed the Consumer Product Safety Act. The Consumer Product Safety Act establishes an independent Consumer Product Safety Commission, Product Safety Advisory Council, and an Injury Information Clearinghouse to determine unsafe products. This Comment explores the Consumer Product Safety Act to understand the relation of the Act to presently and previously existing federal regulations, such as regulations concerning warranty, negligence or intentional misconduct, and strict liability. Furthermore, the Comment concludes by taking a critical look at the Act to assess …
Roe V. Wade-The Abortion Decision-An Analysis And Its Implications, Tom Riggs
Roe V. Wade-The Abortion Decision-An Analysis And Its Implications, Tom Riggs
San Diego Law Review
In 1973, the United States Supreme Court's decision in Roe v. Wade invalidated many state statutes prohibiting almost all abortions. This Comment examines the Supreme Court's substantive due process and right to privacy analysis in Roe v. Wade to consider the decision's implications in related areas of law. Under a substantive due process analysis, the decision in Roe v. Wade focused on the legislative purpose behind abortion statutes, in particular the Texas statute's purpose of protecting the mother's health and the fetus' right to life. This Comment concludes by characterizing the Court's substantive due process analysis as encompassing a controversial …
Zoning-Rural America: A New Lease On Life, Dwight Preston
Zoning-Rural America: A New Lease On Life, Dwight Preston
San Diego Law Review
First there was suburban flight, but now Americans are fleeing to small rural communities. In Steel Hill Development, Inc. v. Town of Sanbornton, the First Circuit Court of Appeals acknowledged the right of residents in small rural communities to maintain a safe and pleasant place to live. This Comment seeks to provide a definition for "general welfare" in relation to minimum lot size zoning and a determination of Steel Hill's impact on the right of a rural community to preserve its rustic character. The Comment concludes by advocating exclusionary zoning to preserve rural communities.
Informed Consent After Cobbs-Has The Patient Been Forgotten, Daniel F. Bamberg
Informed Consent After Cobbs-Has The Patient Been Forgotten, Daniel F. Bamberg
San Diego Law Review
The Doctrine of Informed Consent holds a physician liable for failing to adequately disclose the potential dangers of treatment from it's patient. The doctrine is intended not only to assure that the patient has objective information before deciding on treatment, but also to insulate the physician from liability for battery. However, the courts cannot agree on the application or standards of the informed consent doctrine. Therefore, this Comment discusses the three areas of disagreement: whether the theory of recovery is based on battery or negligence, whether the standard of care required is examined from an expert's opinion, and whether causation …
Recent Developments In The Law Of The Sea Iv: A Synopsis, G. D. Greenblatt, J. R. Miller, A. J. Waldchen
Recent Developments In The Law Of The Sea Iv: A Synopsis, G. D. Greenblatt, J. R. Miller, A. J. Waldchen
San Diego Law Review
This Article presents an annual synopsis of important events pertaining to the law of the sea which occurred between February 1, 1972, and January 31, 1973. Our major sources of information included the New York Times, the Environmental Reporter, the United States Code Congressional and Administrative News, the Congressional Record, the United Nations Chronicle, and International Legal Materials. It is our hope that the search through a seemingly endless array of indices, newspapers, microfilms, and dusty shelves will prove to be of value. We regret that the synopsis must once again report more problems than solutions, but it is with …
The Law To Govern Deepsea Mining Until Superseded By International Agreement, John G. Laylin
The Law To Govern Deepsea Mining Until Superseded By International Agreement, John G. Laylin
San Diego Law Review
Presently, no international law exists to limit recovering mineral sources of the seabed beyond coastal state jurisdiction. Bills directed at regulating deep seabed mining, through international reciprocity, by U.S. companies have been introduced in both the Senate and the House of Representatives. This Article reviews pending legislation and comparable statutes proposed abroad and suggests the enactment of interim legislation, while at the same time responding to Professor Knight's assertions in his Article, The Deep Seabed Hard Mineral Resources Act A Negative View. This Article concludes that international legislation would help, rather than hurt, the United States.
Seamounts And Guyouts: A Unique Resource - The Necessity For Express Recognition In The Formulation Of An International Regime Of The Seabed, S. K. Eaton Jr., Janet Judy
Seamounts And Guyouts: A Unique Resource - The Necessity For Express Recognition In The Formulation Of An International Regime Of The Seabed, S. K. Eaton Jr., Janet Judy
San Diego Law Review
With dwindling natural resources, the international community needs a legal regime to regulate the exploration of seabed resources, notably seamounts and guyouts. This Article evaluates the legal status of seamounts and guyouts under international law with suggestions on the possible uses of these phenomena, while also attempting to formulate and assess a legal regime that properly recognizes the different characteristics of the sea bed from land formations. The geological characteristics of Seamounts and guyouts are important to any legal consideration. Because seamounts and guyouts are underwater mountains formed by volcanic activity, they have many possible uses, such as for research, …
United States Oceans Politics, Ann L. Hollick
United States Oceans Politics, Ann L. Hollick
San Diego Law Review
The current law of the sea debate concerns on the allocation and use of ocean space. This Article discusses the United States seabed policy including territorial, sea, straits, and fisheries by focusing on the participants in policy-making, the National Security Council system, and the President's seabed policy. Diverse national and commercial interests shape the United States' position on these ocean issues. Following this discussion, the Article examines the United Nations Conference on law of the sea in which the domestic and international perspectives are analyzed to determine whether the Conference's Seabed Committee can build a compromise on the seabed resources.
The Ocean Dumping Convention-A Hopeful Beginning, Terry L. Leitzell
The Ocean Dumping Convention-A Hopeful Beginning, Terry L. Leitzell
San Diego Law Review
The Convention on the Prevention of marine Pollution by Dumping of Wastes and Other Matters deal was negotiated and agreed to during a tumultuous time in environmental matters. The Convention signals the possibility towards effective pollution control. Thus, this Article examines the Convention's history, structure, institutional arrangements, jurisdiction, and amendment procedures illustrate the increased need for international cooperation in environmental law. The Article concludes that the Convention represents international strength, and provides hope for protecting the marine environment.
Jurisdictional Problems Created By Artificial Islands, Craig W. Walker
Jurisdictional Problems Created By Artificial Islands, Craig W. Walker
San Diego Law Review
An artificial island is a non-naturally formed, fabricated island created from material dredged from the sea bottom. This Article reviews the growing interest in international law of artificial islands. Artificial islands present three obstacles in international law: jurisdiction, freedom on the high seas, and construction on the continental shelf. The jurisdictional basis over artificial islands can be examined under existing concepts of international law, such as the legal vacuum theory and a contiguous zone basis for jurisdiction. This article concludes by proposing a legal regime for artificial islands under an exclusive coastal State authority.