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Articles 31 - 60 of 63
Full-Text Articles in Law
The Importance Of Tax Treaties, David S. Foster
The Importance Of Tax Treaties, David S. Foster
UC Law SF International Law Review
No abstract provided.
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
UC Law SF International Law Review
No abstract provided.
The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer
The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer
UC Law SF International Law Review
No abstract provided.
Orderly Marketing Agreements: Analysis Of United States Automobile Industry Efforts To Obtain Import Relief, Liberty Mahshigian
Orderly Marketing Agreements: Analysis Of United States Automobile Industry Efforts To Obtain Import Relief, Liberty Mahshigian
UC Law SF International Law Review
The fundamental trade policy of the United States is set forth in the Trade Act of 1974, which includes procedures for implementing import relief. Petitions for such relief are submitted to the International Trade Commission, and a recommendation is made to the President upon an affirmative finding. A negative determination by the International Trade Commission, however, presents some problems with which the Trade Act is not equipped to deal. This Note analyzes these problems in the context of the situation surrounding the importation of Japanese automobiles in 1980, in which the Commission determined that import relief was not warranted. The …
The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak
The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak
UC Law SF International Law Review
Three recent circuit court decisions concluded that there is no right to a jury trial for a foreign sovereign-owned corporate entity under the Foreign Sovereign Immunities Act. The issue seems unsettled, however, due to a strong dissent in one of these cases and four contrary district court opinions. This Note argues that the circuit court cases were wrongly decided, not because of a misreading of congressional intent, but rather because the Foreign Sovereign Immunities Act violates the Seventh Amendment right to jury trial in civil cases. Furthermore, the circuit courts failed to properly distinguished between a foreign sovereign and its …
In Anticipation Of Subterrestrial Delimitation, D. S. Avery
In Anticipation Of Subterrestrial Delimitation, D. S. Avery
UC Law SF International Law Review
The interior of the earth has scarcely been touched upon in jurisprudence. Although the principle of dominion under land by the owner of surface property has been in existence since the time of Roman law, the need to address the question of who owns inner-earth is long overdue. This Article attempts to answer that question by examining modem delimitation theories that have been applied to the oceans and the atmosphere within the context of the physical interior of the earth. The author suggests the use of the Mohorovicic discontinuity for inner-earth delimitation and invites further inquiry from scholars, scientists, and …
Comparative View Of The Law Of Trademarked Generic Words, A, Ralph H. Folsom, Larry L. Teply
Comparative View Of The Law Of Trademarked Generic Words, A, Ralph H. Folsom, Larry L. Teply
UC Law SF International Law Review
Legal systems that enforce exclusive rights to words claimed as trademarks face two common problems: the trademark may degenerate into a generic word for the product, and a manufacturer may try to restrict a generic product name from the public domain by various means. Difficult questions must be confronted when the trademark claimant seeks to enforce the generic word. The authors compare the approaches that have been taken by the United States and four Commonwealth countries, all of which have evolved very different common-law and statutory solutions. The Article concludes that although there are shortcomings in American law, they are …
Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans
Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans
Cornell Law Faculty Publications
A comparative survey of jury selection practices in Britain and the United States indicates that the two countries differ along a number of dimensions, including the emphasis on the jury selection process in the trial, the amount and type of information available about prospective jurors, and the frequency with which trial lawyers alter the composition of the jury. The probable impact of these differences is analysed by considering the importance of jury composition in determining a jury’s verdict, the effectiveness of lawyers in exercising their challenges, and broader effects of jury selection procedures in the two countries.
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu
Maryland Series in Contemporary Asian Studies
No abstract provided.
Constitutional Revolution In Japanese Law, Society And Politics, Lawrence W. Beer
Constitutional Revolution In Japanese Law, Society And Politics, Lawrence W. Beer
Maryland Series in Contemporary Asian Studies
No abstract provided.
Disarmament And Civilian Control In Japan: A Constitutional Dilemma, Theodore Mcnelly
Disarmament And Civilian Control In Japan: A Constitutional Dilemma, Theodore Mcnelly
Maryland Series in Contemporary Asian Studies
No abstract provided.
Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey
Judicial Experimentation With A Strict Products Liability Rule: A Comparison Of The Law In The United Kingdom, Louisiana, And United States' Common Law Jurisdictions, Thomas E. Carbonneau, Catherine Garvey
Journal Articles
Since the mid-nineteenth century, products liability law has undergone significant modifications. The applicable doctrine has oscillated between contract and tort theories; fault and no-fault liability schemes have competed for predominance. Despite attempts to create an internationally accepted liability norm, different legal systems continue to espouse differing perceptions of the liability formula in the products area. In addition, even in jurisdictions in which courts adhere to identical liability theories, there is disagreement as to the application and implications of the same standard. This article attempts to set the shifting doctrinal character of products liability analysis into a comparative perspective principally between …
Brazil's Profit Remittance Law: Reconciling Goals In Foreign Investments, Jan Hoffman French
Brazil's Profit Remittance Law: Reconciling Goals In Foreign Investments, Jan Hoffman French
Sociology and Anthropology Faculty Publications
Promoting foreign investment is a goal of many developing nations. Along with the benefits of that investment, however, foreign participation in development creates problems such as balance of payments deficits caused by the repatriation of profits earned by the foreign investor. Brazil's profit remittance law is one effort to reconcile these problems. By providing for the registration of foreign investment and using a system of reinvestment incentives, the Profit Remittance Law seeks to promote foreign investment while avoiding the loss of capital which results when profits are remitted abroad. The author of this article describes and explains the Profit Remittance …
Tax Aspects Of Currency Fluctuations, John P. Mcdonnell
Tax Aspects Of Currency Fluctuations, John P. Mcdonnell
UC Law SF International Law Review
No abstract provided.
The Spanish Constitution Of 1978: Legislative Competence Of The Autonomous Communities In Civil Law Matters, Juan C. Palau, Jose W. Fernandez
The Spanish Constitution Of 1978: Legislative Competence Of The Autonomous Communities In Civil Law Matters, Juan C. Palau, Jose W. Fernandez
Vanderbilt Journal of Transnational Law
The Spanish Constitution of 1978 had to deal with the issues that emerged with the advent of a democratic regime following the death of General Francisco Franco in 1975. Political pluralism, the relationship between church and state, and the official language of the Spanish state were among the dilemmas facing the Constitutional Commission. Yet the historically sensitive issue of the autonomy of the Spanish regions proved to be the most troublesome. Title VIII of the Constitution provides a political compromise in resolution of this issue although scholars and politicians, including some constitutional draftsmen, have criticized the ambiguity of this title. …
On The Territoriality Principle In Public International Law, Gerhard Kegel, Ignaz Seidl-Hohenveldern
On The Territoriality Principle In Public International Law, Gerhard Kegel, Ignaz Seidl-Hohenveldern
UC Law SF International Law Review
In public international law, the territoriality principle generally means that types of state action directly benefiting the acting state are effective only within the territory of that state. The Article focuses on the concept of this principle and its applicability in the world order with emphasis on the international law of expropriation. The case law in several major countries is summarized to support the argument that territoriality is the test of recognition of certain state acts, particularly expropriation.
Anatomy Of A Dispute Clause: Intergovernmental Arbitration Under The Spacelab Agreement, Mary M. Lovik
Anatomy Of A Dispute Clause: Intergovernmental Arbitration Under The Spacelab Agreement, Mary M. Lovik
UC Law SF International Law Review
Using the dispute resolution clauses in the Agreement for a Cooperative Programme Concerning the Development of a Space Laboratory between the United States and the member governments of the European Space Agency, this Note examines the basic issues presented under international law when a dispute between states is submitted to arbitration. These issues include the jurisdiction of the tribunal, the applicable law, the constitution of the tribunal, and the subject matter of the dispute. The discussion also considers the requirements for submitting an intergovernmental dispute to arbitration under United States domestic law, focusing primarily on the use of executive agreements …
Accession To The European Economic Community: The Harmonization Of Spanish Corporation Law, Richard Maggio
Accession To The European Economic Community: The Harmonization Of Spanish Corporation Law, Richard Maggio
UC Law SF International Law Review
Spain's full membership in the European Economic Community is under negotiation. As accession to the EEC becomes more likely, the harmonization of internal Spanish laws with the laws of the community becomes of increased concern. This Note focuses on the process of harmonization in the area of corporation law. In particular the author examines the first four EEC company law directives and compares the analogous Spanish provisions to them in determining the issues that will arise under Spanish law.
An Overview Of Inbound Foreign Investment, Michael W. Berwind
An Overview Of Inbound Foreign Investment, Michael W. Berwind
UC Law SF International Law Review
No abstract provided.
An Overview Of Inbound Foreign Investment, Michael W. Berwind
An Overview Of Inbound Foreign Investment, Michael W. Berwind
UC Law SF International Law Review
No abstract provided.
United States Taxation Of U.S. Corporations Operating Overseas, Zoltan M. Mihaly
United States Taxation Of U.S. Corporations Operating Overseas, Zoltan M. Mihaly
UC Law SF International Law Review
No abstract provided.
The Family Affinities Of Common-Law And Civil-Law Legal Systems, Craig M. Lawson
The Family Affinities Of Common-Law And Civil-Law Legal Systems, Craig M. Lawson
UC Law SF International Law Review
Common law and civil law are generally regarded as being within the small number of major legal systems in the world today. Recent scholarship has indicated, however, a substantial merger of these two systems. The author shows that although still distinct, common law and civil law are converging members of a single larger legal system, which he terms the Western liberal democratic legal family. Although the similarities between these two branches are numerous, the larger Western liberal legal systems are now dominated by public law.
Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller
Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller
UC Law SF International Law Review
The prevention of "dumping"-selling products on the United States market at artificially low prices-has become a key issue in the international marketplace. The Antidumping Act of 1916 is designed to protect domestic industries from this predatory price discrimination by foreign firms, but this remedial provision has been invoked rarely. This Note analyzes a recent district court case that dismissed most of the plaintiffs' arguments brought under the Act, due to "minor" technical differences between the domestic and foreign products. The author concludes that the court's decision is contrary to Congressional intent and advocates the adoption of a flexible standard for …
The Assassination Attempt, Yale Kamisar
The Assassination Attempt, Yale Kamisar
Articles
From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …
Book Reviews, Journal Staff
Book Reviews, Journal Staff
Vanderbilt Journal of Transnational Law
Israel and Palestine--Assault on the Law of Nations by Julius Stone.
Baltimore: The John Hopkins University Press. 1981. Pp.223. $17.50.
Reviewed by Barry Hart Dubner
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Treatise on Air--Aeronautical Law. Nicolas Mateesco Matte.
Toronto: The Carswell Co. Ltd., Pp. 832.
Reviewed by John M. Lindsey
Nordic Refugee Law And Policy, Göran Melander
Nordic Refugee Law And Policy, Göran Melander
Michigan Journal of International Law
Since the end of World War II, the Nordic states have shown an interest in refugee policy and have taken part in work on behalf of refugees through various international organizations. In the 1940s and the 1950s, when Western Europe was faced with a huge refugee problem, the Nordic states shared the burden with countries of first asylum in Central Europe by admitting refugees for permanent resettlement. In the 1960s and 1970s, when other continents were confronted with refugee problems, the Nordic states also generously contributed material assistance to refugees resettled in neighboring countries. In 1979, for instance, the Nordic …
Refugees, Law, And Development In Africa, Peter Nobel
Refugees, Law, And Development In Africa, Peter Nobel
Michigan Journal of International Law
This article concerns those large movements of people in Africa, which have been called the "African refugee problem." However, large and intriguing migrations of populations have occurred in Africa for centuries. The earliest migrations reflected the spread of culture, the growth of trade and the development of roving early kingdoms. The unique history behind the refugee dilemma, however, begins with the instability spawned by slave trading and colonialism. Sensitivity to these eras heightens an understanding of why today's Africa is wrought with economic crises, territorial disputes, unnatural frontiers, misfit ethnic combinations, and more refugees than any other continent. Against this …
Limited, Conditional, And Suspended Discharges In Anglo-American Bankruptcy Proceedings, Douglass Boshkoff
Limited, Conditional, And Suspended Discharges In Anglo-American Bankruptcy Proceedings, Douglass Boshkoff
Articles by Maurer Faculty
No abstract provided.
Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers
Comparative Constitutional Law: Casebooks For A Developing Discipline, Donald P. Kommers
Journal Articles
Comparative constitutional law is a developing area of legal scholarship. One sign of this development is the recent appearance of two casebooks, both published in 1979. Comparative Constitutional Law: Cases and Materials by Mauro Cappelletti and William Cohen, focuses primarily on the procedural rights of defendants from the United States and nine European jurisdictions. Comparative Constitutional Law. Cases and Commentaries by Walter F. Murphy and Joseph Tanenhaus, examines the constitutional interpretation of a large number of substantive issues in six contemporary constitutional democracies. Reviewing the two books together provides an opportunity not only to compare them as teaching tools but …
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Book Review. The Judicial Process: An Introductory Analysis Of The Courts Of The United States, England, And France By Henry J. Abraham, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.