Comparative and Foreign Law Commons^™

The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul

UIC Law Review

No abstract provided.

Predatory Pricing: The Evolution Of Judicial Standards In The United States And The European Economic Community, Nelsonya Causby

UC Law SF International Law Review

Predatory pricing occurs when a firm lowers its prices so that its competitors will lose business. When the competition leaves the market, the predatory firm can raise its prices beyond the levels of a competitive market. Predatory pricing is a violation of the antitrust laws of both the United States and the EC. This Note examines the standards used to determine whether a firm is engaged in predatory pricing in the U.S. and the EC. The author criticizes the approach taken by the U.S. Supreme Court and recommends the adoption of the EC standard.

Criminalizing The Sexual Transmission Of Hiv: An International Analysis, Thomas W. Tierney

UC Law SF International Law Review

Public health authorities and legislators are concerned that HIV infected individuals may deliberately engage in behavior that exposes others to the virus. Some feel that governments should impose criminal sanctions against such individuals. This Note compares criminal laws relating to HIV transmission in the United States, Great Britain, Australia, and New Zealand. The author concludes that the traditional criminal approach is inappropriate for dealing with conduct capable of transmitting HIV. Finally, the Note proposes elements for a special HIV-specific criminal statute that takes into account the unique characteristics of this disease.

United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano

UC Law SF International Law Review

The United Nations Convention on the Rights of the Child (UNCRC) provides a comprehensive list of children's rights. While 139 countries have signed the UNCRC, signalling their intent to ratify, the United States has not yet done so. This Note examines the question of whether ratification of the UNCRC would help U.S. children. After exploring the plight of children in the United States and the potential uses of the UNCRC in U.S. courts, the Note concludes that ratification would benefit American children whose rights are litigated in U.S. courts.

The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint

UC Law SF International Law Review

Cases on political speech in different constitutional systems may illuminate important presuppositions of those systems. Pursuing this theme, this Article compares decisions on flag desecration in the United States and the Federal Republic of Germany. In the United States, where protection aginst seditious libel has been rejected as a legitimate governmental interest, arguments for penalizing flag desecration must assert implausible governmental interests. In contrast, the German Constitutional Court frankly acknowledges that the state may sometimes penalize flag desecration to avoid the impairment of governmental authority. In conclusion the author questions whether the German doctrine, which may have been justifiable in …

The Yugoslavian Civil War: An Analysis Of The Applicability Of The Laws Of War Governing Non-International Armed Conflicts In The Modern World, Charles Lewis Nier Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

Basle Committee International Capital Adequacy Standards: Analysis And Implications For The Banking Industry, Duncan E. Alford

Penn State International Law Review (1982 - 2011)

No abstract provided.

Institutional Reform In Eastern Europe: Evolution Or Design?, Roman Frydman, Andrzej Rapaczynski

Faculty Scholarship

Most recent studies of privatization in Eastern Europe focus on its impact on individual enterprises. In our previous work, we examined this issue from the viewpoint of the future corporate governance structure in Eastern Europe. The aggregate effects of privatization have been largely neglected, perhaps on the assumption that they have no particular bearing on how privatization is to be effected at the enterprise level. It is very important, however, to link the discussion of the various approaches to large-scale privatization with a consideration of other obstacles in the transition to a market economy. These obstacles, which include the weakness …

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson

Scholarly Articles

When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …

A Tale Of Two Trusts: The Problems Of Foreign Spouses Who Inherit Pension Benefits, Gail B. Cooperman

University of Miami Inter-American Law Review

No abstract provided.

Abortion Law Reform: The Nexus Between Abortion And The Role Of Women In The German Democratic Republic And The Federal Republic Of Germany, Elizabeth J. Kapo

Penn State International Law Review (1982 - 2011)

No abstract provided.

British Resistance To European Integration: An Historical And Legal Analysis With An Examination Of The United Kingdom's Recent Entry Into The European Monetary System, Allen Neely

Penn State International Law Review (1982 - 2011)

No abstract provided.

An Historic Convergence Of Civil And Common Law Systems-Italy's New "Adversarial" Criminal Procedure System, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

No abstract provided.

A Comparison Of Guilty Plea Procedure In The United States And Germany, Helen A. Haglich

Penn State International Law Review (1982 - 2011)

No abstract provided.

Bridging The Gap In Eastern Europe: Forty Years Of Communist Indifference And The New Environmental Realities In Poland, Kenneth J. Serafin

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat

UC Law SF International Law Review

The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …

Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner

UC Law SF International Law Review

The new Czechoslovak Government is in the process of dramatically revising that country's commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government's future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government's plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons.

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

All Faculty Scholarship

This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …

The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa

UC Law SF International Law Review

Japan's securities market, as an international capital market, contributes to the economy of other nations. The author describes how interest, dividends, and transfers of securities are taxed in Japan and argues that the securities taxation system should be modified to encourage Japanese and overseas investors to continue contributing to global economic development through investment in the Japanese securities market. In this Article, the author explores the development of the Japanese securities taxation system and analyzes proposed revisions to the current system.

Recent Developments And Future Perspectives Of The Tokyo Market, Minoru Nagaoka

UC Law SF International Law Review

Recent economic growth has fostered a great amount of international trading on the Tokyo Stock exchange, the opening of the exchange to foreign brokers, and a greater diversity of traded products. Yet problems remain to be resolved for the future health of the Tokyo market. These include a recent decline in the Tokyo equity market, the handling of index arbitrage trading, a lack of operational capacity and liquidity, and the maintenance of fairness and transparency of the market. The Author addresses these concerns and discusses what programs may be implemented to increase investor confidence.

Debt-For-Nature: The Second Generation, Konrad Von Moltke

UC Law SF International Law Review

Debt-for-nature programs-negotiating debt reductions in less developed countries in return for increased conservation-are a key link between international environmental management and major issues of international finance and trade. There are several important secondary aspects of debt-for-nature programs; for example, illuminating creative uses of the debt crisis to structure cooperative ventures between governments, and linking conservation and international economic and financial relations. This Article explores these aspects in relation to the international environmental economics issues of resource management in tripartite economies, debt servicing and balancing, trade regulation, subsidies, resource valuation, and sovereign debt conversions.

The New World Order And The Right Of Self-Defense In The United Nations Charter, Kathryn S. Elliott

UC Law SF International Law Review

With the collapse of the Iron Curtain and the increasing depolarization of the international community, the United Nations is being heralded as the vehicle for a new world order. World political leaders are reaffirming their commitment to the United Nations as the forum for resolution of international conflicts. Notwithstanding their public support, however, the United States and Great Britain may actually have undermined the emerging credibility of the United Nations by insisting that they had the right to take independent action against Iraq after its 1990 invasion of Kuwait. The two nations justified independent action as an exercise of Kuwait's …

Implementing A United Nations Security Council Resolution: The President's Power To Use Force Without The Authorization Of Congress, Matthew D. Berger

UC Law SF International Law Review

In light of the history of the United States Constitution and the continued expansion of Presidential power, the author urges the Congress, the press, and the American public to examine carefully every new assertion of Presidential power. This Note specifically focuses on the recent Persian Gulf conflict and President Bush's justifications for the use of military force without congressional approval. The Note presents three distinct arguments: First, President Bush never had the constitutional power to use military force to implement a Security Council resolution without congressional authorization; second, the Persian Gulf conflict was a war within the meaning of the …

Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan

UC Law SF International Law Review

Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …

Towards A Common Market In Banking And Financial Services In The European Economic Community, Stuart Isaacs

University of Miami International and Comparative Law Review

No abstract provided.

Obtaining Evidence In France For Use In The United States, Elena Del Valle

University of Miami International and Comparative Law Review

No abstract provided.

Specific Performance And Open Price Contracts Under The Un Sales Convention And The Ucc, Kenneth Schwartz

University of Miami International and Comparative Law Review

No abstract provided.

The Impact Of Technology On The Trading Of Securities: The Emerging Global Market And The Implications For Regulation, 24 J. Marshall L. Rev. 299 (1991), Lewis D. Solomon, Louise Corso

UIC Law Review

No abstract provided.

Little Hilary: Happy At Last? New Zealand's Family Court And The Matter Of Hilary Foretich, Suzanne Mcgrath Dale

Penn State International Law Review (1982 - 2011)

This Note contends that New Zealand should not be obliged to return Hilary to the jurisdiction of United States courts. This Note also contends that the ultimate disposition of custody and visitation rights should be the prerogative of the New Zealand court and that prior or pending United States orders should not necessarily be considered binding on that court.