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Articles 5071 - 5100 of 5763

Full-Text Articles in Comparative and Foreign Law

The Constitutional Federal Question In The Lower Federal Courts Of The United States And Canada, John T. Cross Jan 1993

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 …


Towards European Union: The Treaty Of Maastricht, Eileen Barrington Jan 1993

Towards European Union: The Treaty Of Maastricht, Eileen Barrington

University of Miami International and Comparative Law Review

No abstract provided.


European Environmental Law: Before And After Maastricht, Eileen Barrington Jan 1993

European Environmental Law: Before And After Maastricht, Eileen Barrington

University of Miami International and Comparative Law Review

No abstract provided.


The Ec Joint Venture Guidelines: Codification And Cosmetics But No Binding Deadlines, Izzet M. Sinan Jan 1993

The Ec Joint Venture Guidelines: Codification And Cosmetics But No Binding Deadlines, Izzet M. Sinan

University of Miami International and Comparative Law Review

No abstract provided.


The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige Jan 1993

The Hilmer Doctrine, Self Collision, Novelty And The Definition Of Prior Art, 26 J. Marshall L. Rev. 549 (1993), Kate H. Murashige

UIC Law Review

No abstract provided.


An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder Jan 1993

An Overview Of Changes To The Patent Law Of The United States After The Patent Law Treaty, 26 J. Marshall L. Rev. 497 (1993), Richard C. Wilder

UIC Law Review

No abstract provided.


Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel Jan 1993

Prior User Rights - A Necessary Part Of A First-To-File System, 26 J. Marshall L. Rev. 567 (1993), Gary L. Griswold, F. Andrew Ubel

UIC Law Review

No abstract provided.


How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal Jan 1993

How The Patent Harmonization Treaty Will Co-Exist With The Patent Cooperation Treaty And The Effects And Advantages In Harmonizing The Two Treaties, 26 J. Marshall L. Rev. 613 (1993), Thomas F. Peterson, John J. Chrystal

UIC Law Review

No abstract provided.


Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis Jan 1993

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.


Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth Jan 1993

Constitutionalism In Eastern Europe: Alternatives To The Liberal Social Contract, Brad R. Roth

Penn State International Law Review (1982 - 2011)

No abstract provided.


Pudong: Another Special Economic Zone In China?-An Analysis Of The Special Regulations And Policy For Shanghai's Pudong New Area, Bin Xue Sang Jan 1993

Pudong: Another Special Economic Zone In China?-An Analysis Of The Special Regulations And Policy For Shanghai's Pudong New Area, Bin Xue Sang

Northwestern Journal of International Law & Business

The Open Door Policy instituted in the late 1970s marked the beginning of economic reform in the People's Republic of China ("China"). Leading these reforms was the establishment of five special economic zones i and the opening of fourteen coastal cities.2 These special economic zones ("SEZs") and coastal cities, located along the east coast of China, serve as "windows" to attract foreign investment and technology.' So far, each of the five SEZs and the fourteen coastal cities has been successful in achieving these goals.


Enforcement Of Judgments In Mexico: The 1988 Rules Of The Federal Code Of Civil Procedure, Jorge A. Vargas Jan 1993

Enforcement Of Judgments In Mexico: The 1988 Rules Of The Federal Code Of Civil Procedure, Jorge A. Vargas

Northwestern Journal of International Law & Business

This article describes and analyzes the reforms to the Federal Code of Civil Procedure in the following four areas: (1) application and proof of foreign law; (2) processing of letters rogatory; (3) international cooperation for the taking of evidence, and (4)enforcement of foreign judgments. The first part offers an overview and commentary on the very few provisions Mexico had enacted in the area of international procedural cooperation prior to the 1988 reform. Part two explores the legislative history of the 1988 amendments, emphasizing the objective and purpose of the legislative bills submitted to Congress by the President of Mexico. The …


Regulation Of Professionals In The European Community, Betty Blanco, Susan Dolan Jan 1993

Regulation Of Professionals In The European Community, Betty Blanco, Susan Dolan

University of Miami International and Comparative Law Review

No abstract provided.


The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy Jan 1993

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …


Nihon-Hastings Conference: Foreword, Frank T. Read Jan 1993

Nihon-Hastings Conference: Foreword, Frank T. Read

UC Law SF International Law Review

No abstract provided.


Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox Jan 1993

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 …


Fraud And Insider Trading In American Securities Regulation: Its Scope And Philosophy In A Global Marketplace, Donald C. Langevoort Jan 1993

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 …


Transnational Investment By Institutions, David L. Ratner Jan 1993

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.


Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo Jan 1993

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.


Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi Jan 1993

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 …


Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa Jan 1993

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.


Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross Jan 1993

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 …


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 Jan 1993

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 Jan 1993

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 …


The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick Jan 1993

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 Jan 1993

Aspects Of Intellectual Property Law In The European Community, Leslie Gail Williams

UC Law SF International Law Review

No abstract provided.


Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott Jan 1993

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 Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris Jan 1993

The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris

UC Law SF International Law Review

No abstract provided.


Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki Jan 1993

Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki

UC Law SF International Law Review

No abstract provided.


Subsidiarity And The European Community, George A. Bermann Jan 1993

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 …