Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 30 of 33
Full-Text Articles in Law
Toture And Inhumane Punishment Of United States Citizens In Saudi Arabia And The United States Government's Failure To Act, Jacqueline M. Young
Toture And Inhumane Punishment Of United States Citizens In Saudi Arabia And The United States Government's Failure To Act, Jacqueline M. Young
UC Law SF International Law Review
No abstract provided.
Fraud And Insider Trading In American Securities Regulation: Its Scope And Philosophy In A Global Marketplace, Donald C. Langevoort
Fraud And Insider Trading In American Securities Regulation: Its Scope And Philosophy In A Global Marketplace, Donald C. Langevoort
UC Law SF International Law Review
The principal antifraud provision of securities law in the United States is rule lOb-5. Fraud consists of either a material misstatement reasonably calculated to influence the investing public or silence when an independent duty to speak arises because of prior conduct or a pre-existing fiduciary duty. Judicial theories pursuant to this rule such as the "abstain or disclose" theory and the "misappropriation" theory constitute the major part of U.S. insider trading law. The author contends that the two main tests used to determine when rule lOb-5 rule is applicable, the "effects test" and the "conduct test," are too broad and …
Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox
Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox
UC Law SF International Law Review
U.S. mandatory disclosure requirements are far more demanding in breadth and detail than those of Japan. However, as this Article suggests, a good deal of diversity, and even laxity, can coexist within mutually agreed upon principles for fair competitive regulation. This Article attempts to provide a framework for efficient regulatory competition between the two countries' markets by focusing on "managerial opportunism"!-an expression identifying a wide range of possible concerns that may influence an issuer's choice among markets. The author suggests appropriate measures for disclosure could minimize differences between securities markets, and as a result minimize the role managerial opportunism plays …
Transnational Investment By Institutions, David L. Ratner
Transnational Investment By Institutions, David L. Ratner
UC Law SF International Law Review
In recent years two significant trends have occurred in securities markets-institutionalization and internationalization. This Article discusses the interaction of these two trends. In particular, the Article explores the effect of current regulatory structures on institutional investment in foreign securities markets. Other factors which may inhibit foreign investment such as tax concerns, disclosure requirements, and liquidity concerns are also discussed.
Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa
Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa
UC Law SF International Law Review
The author describes the expansive nature of Japan's annuity assets. Japan's annuities are divided into public annuities, which include pension insurance, mutual annuities, and national annuities, and private annuities, such as welfare pension funds and qualified annuities. The author discusses trust banks and life insurance companies and their relationships with annuities investments. The author also addresses problems regarding securities investments in Japan such as appraisal losses and the investment of annuities in Keiretsu organizations.
The Federal Role In Supporting The Arts: Decline In Great Britain, Canada, And The United States, Stephanie M. Cooper
The Federal Role In Supporting The Arts: Decline In Great Britain, Canada, And The United States, Stephanie M. Cooper
UC Law SF International Law Review
The United States is not alone in its dilemmas with arts funding. Great Britain and Canada also struggle to achieve balanced governmental roles in arts subsidy which allow for artistic freedom without conceding accountability. The three countries take similar approaches to arts funding through an arm's length mechanism that is designed to alleviate undue political influence on the arts. This Note examines both the common and distinct crises in arts funding in Great Britain, Canada, and the United States by exploring the characteristics and flaws of the arm's length principle. The Note then explores each government's efforts to maintain some …
Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo
Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo
UC Law SF International Law Review
The trend toward a global securities market has been hindered by divergent national accounting and auditing standards. The increasing international focus of Japanese business and the diversification of Japanese corporations has highlighted the need for Japanese accounting standards to become more consistent with international standards. The author examines the progress Japan has made since 1986 in harmonizing their accounting and auditing standards with international practices. The author also examines recent revisions to Japanese security reporting regulations which make them more compatible with similar U.S. regulations.
Avoiding Elective Dictatorship In The United Kingdom: Debate On Constitutional And Electoral Reform Through Proportional Representation, John A. Zecca
Avoiding Elective Dictatorship In The United Kingdom: Debate On Constitutional And Electoral Reform Through Proportional Representation, John A. Zecca
UC Law SF International Law Review
Constitutional debate in the United Kingdom is focusing on whether the electoral system fairly represents the population. This Note examines the unwritten British Constitution that gives politicians complete control over the country's electoral system. The Note argues that political self-interest has led to current first-past-the-post electoral system that ignores the will of a diverse electorate by polarizing government. The Note then examines alternate electoral systems that use proportional representation to ensure the election of third party candidates. The Note concludes by recommending adoption of an electoral system that incorporates diversity while remaining true to the constitutional heritage of the United …
Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han
Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han
UC Law SF International Law Review
In 1997, one hundred years of British colonial rule will end, and Hong Kong will revert back to the People's Republic of China. At that time, the political, legislative, religious, educational, economic, legal, and social aspects of life in Hong Kong will be governed by the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China." This Article discusses the historical background of Hong Kong and explores some of the troubling issues raised by the adoption of the Basic Law. The Article particularly focuses on the question of whether the main purpose of the Basic …
Extraterritorial Application Of U.S. Antitrust Laws To Other Pacific Countries: Proposed Bilateral Agreements For Resolving International Conflicts Within The Pacific Community, Seung Wha Chang
UC Law SF International Law Review
The basic antitrust statutes of the United States, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act, all possess some form of extraterritorial jurisdiction. Based upon the "effect doctrine," formulated by Judge Learned Hand in United States v. Aluminum Co. of America, the extraterritorial reach of U.S. courts under these statutes is broad. Applying the liberal standard of the "effects doctrine," federal courts more often than not have found jurisdiction over conduct occurring outside the United States by foreign corporations. This Article analyzes the international conflicts resulting from extraterritorial enforcement of the antitrust laws of …
Scapegoat For The Trade Deficit: Does Eec Antitrust Treatment Of Joint Ventures Place The United States At A Competitive Disadvantage, Dana W. Hayter
Scapegoat For The Trade Deficit: Does Eec Antitrust Treatment Of Joint Ventures Place The United States At A Competitive Disadvantage, Dana W. Hayter
UC Law SF International Law Review
This Note critiques a proposal by Professors Jorde and Teece of the University of California at Berkeley, California, to exempt joint ventures from the United States' antitrust laws. The professors contend that their proposal emulates the EEC exemption procedure under Article 85(3) of the Treaty of Rome, and that the United States must adopt their proposal to compete with the EEC. This Note questions both assertions. The Jorde and Teece proposal would exempt a wide variety of agreements between competitors from civil and criminal liability with a minimum of initial review, without empirical support, and with little subsequent supervision. By …
Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott
Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott
UC Law SF International Law Review
No abstract provided.
The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim
The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim
UC Law SF International Law Review
No abstract provided.
Environmental Rights In The European Community, Dinah L. Shelton
Environmental Rights In The European Community, Dinah L. Shelton
UC Law SF International Law Review
No abstract provided.
Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki
Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki
UC Law SF International Law Review
No abstract provided.
Chinese Asylum Applications Under U.S. Immigration Policy: Firm Resettlement In Hong Kong, Frannie S. Mok
Chinese Asylum Applications Under U.S. Immigration Policy: Firm Resettlement In Hong Kong, Frannie S. Mok
UC Law SF International Law Review
The U.S. Immigration and Naturalization Service (INS) possesses a wide range of discretionary powers in determining whether to grant political asylum to aliens that enter the United States. One of the factors used in exercising discretion is determining whether an alien has been "firmly resettled" in a third country before applying for asylum in the United States. This Note focuses on the problems with using "firm resettlement" as a discretionary device in denying asylum to Chinese aliens who temporarily stayed in Hong Kong before arriving in the United States. The Note argues that current immigration laws that permit INS officials …
Subsidiarity And The European Community, George A. Bermann
Subsidiarity And The European Community, George A. Bermann
UC Law SF International Law Review
Subsidiarity has become one of the most puzzling buzzwords behind recent developments in the European Community. At its most fundamental level, it mandates that accomplishment of a legitimate governmental objective should be a responsibility of the lowest level of government capable of effectively addressing the challenge. In the context of the European Community, subsidiarity is a principle of power-sharing between the Community institutions and the Member States. More specifically, it stands for the proposition that Community institutions should exercise the power vested in them by the Community Treaties and legislation only to the extent that the Member States are unable …
The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada, John T. Cross
The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada, John T. Cross
UC Law SF International Law Review
In the midst of Canada's struggle to redefine federal and provincial sovereignty, the province of British Columbia has proposed a merger of the Federal Court of Canada into the provincial courts. Such a merger would be tantamount to the abolition of the Federal Court. This Article compares the Canadian and U.S. experience with the lower federal courts in an attempt to place into perspective the seemingly radical proposal of eliminating the Federal Court of Canada. The author argues that the Federal Court of Canada does not play an indispensable role in the administration of Canadian federalism. Moreover, the abolition of …
Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel
Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel
UC Law SF International Law Review
Social policy is one of the most important areas of European Community action. The EEC Treaty specifically mentions social goals and the European Court of Justice recognizes the social as well as economic aims of the unification process. Traditionally, social legislation has been adopted pursuant to article 100 of the EEC Treaty with its generic grant of power to harmonize laws in order to achieve the common market-with article 119 serving as authority for legislation implementing equal pay for men and women. The Social Action Program adopted by the Council of Ministers in 1974 provided much needed political endorsement for …
Nihon-Hastings Conference: Foreword, Frank T. Read
Nihon-Hastings Conference: Foreword, Frank T. Read
UC Law SF International Law Review
No abstract provided.
Business Buy Outs And International Regulation, Keizo Sakata
Business Buy Outs And International Regulation, Keizo Sakata
UC Law SF International Law Review
Although business buy-outs have traditionally been disfavored in Japan, recently Japanese businesses have begun to recognize the numerous benefits business buy-outs offer. The number of Japanese corporations purchasing foreign businesses has dramatically increased in recent years. Business buy-outs, however, pose numerous problems for both the purchasing company and the company being purchased. The author argues that government regulation of business buy-outs should be increased to minimize the problems which may result from such business activity.
Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi
Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi
UC Law SF International Law Review
Illegal and unfair business practices such as insider trading, price manipulation, and loss compensation have plagued the Japanese stock market. Existing Japanese regulations prohibiting insider trading have proven ineffective due to lax enforcement. Laws against price fixing have rarely been enforced because the conditions necessary for the application of these rules are vague and the rules are difficult to apply. Prohibition of loss compensation has been weak because the Ministry of Finance possesses too much discretion and maintains too close a relationship with the securities firms. The author suggests creating an independent committee in Japan much like the SEC in …
Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross
Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross
UC Law SF International Law Review
South Africa and Namibia share a similar heritage as ethnically and racially pluralistic societies with a white minority exercising complete political and economic control over a black majority. In 1990, after gaining independence from South Africa, Namibia adopted a progressive, democratic constitution. In South Africa, negotiations are currently underway to end years of white rule and formulate a new constitution extending full political rights to all citizens. This Note examines the salient features of the Namibian Constitution. The Note also discusses the various proposals for a South African Constitution, with particular emphasis on electoral laws and the structure and power …
Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus
Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus
UC Law SF International Law Review
The accumulation of radioactive waste is increasingly becoming a world environmental crisis. Radioactive waste poses a special problem to the countries of the European Community. Europe has committed itself to nuclear power and has become one of the world's largest producers of nuclear energy. Moreover, with the 1992 unification of the European Community, nuclear energy output will increase, resulting in a growing production of radioactive waste. Within the European Community, the disposal of radioactive waste is governed by the Euratom Treaty. However, its effectiveness is sharply limited. Individual Member-states retain significant discretion under the Treaty to direct their nuclear energy …
The Coming Of Europe, Stefan A. Risenfeld
The Coming Of Europe, Stefan A. Risenfeld
UC Law SF International Law Review
No abstract provided.
The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick
The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick
UC Law SF International Law Review
No abstract provided.
Aspects Of Intellectual Property Law In The European Community, Leslie Gail Williams
Aspects Of Intellectual Property Law In The European Community, Leslie Gail Williams
UC Law SF International Law Review
No abstract provided.
The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris
The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris
UC Law SF International Law Review
No abstract provided.
Canadian Rape Shield Statutes, Mary A. Wagner
Canadian Rape Shield Statutes, Mary A. Wagner
UC Law SF International Law Review
No abstract provided.
United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister
United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister
UC Law SF International Law Review
No abstract provided.