Comparative and Foreign Law Commons^™

Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu

UC Law SF International Law Review

The Warsaw Convention limits recovery in litigation involving international aircraft accidents. Although the text of the Convention originally was drafted in French, United States courts generally rely on an English translation for interpretation. This Note illustrates potential difficulties based on the use of each of these versions and focuses on the concept of "mental anguish" and its diverging interpretations under the civil-law and common- law systems. The Note concludes that uniformity of interpretation is best served if the French legal meaning of any controverted term is treated as controlling.

State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton

UC Law SF International Law Review

The constitutionality of the states' use of tax apportionment method to tax income of multinational corporations has been disputed for some time. This Note considers the constitutional challenges advanced by domestic corporations with foreign affiliates and the solution provided by the United States Supreme Court. The Note then analyzes whether a different result is warranted in the case of a foreign parent corporation with domestic affiliates and whether congressional action is necessary to resolve the issue in the foreign commerce context.

International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum

UC Law SF International Law Review

Since 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in which an alien plaintiff alleges a violation of the law of nations. Two recent court of appeals cases present conflicting views of the Act's applicability to contemporary international human rights claims. The Note examines the issues raised by the statute's construction in this context, including the difficulty of ascertaining the precise content of customary international legal norms. It concludes that neither the political question doctrine, nor the absence of an explicit private right to sue in international law necessarily precludes a federal court …

Laker Airways: Recognizing The Need For A United States-United Kingdom Antitrust Treaty, Mark P. Barbolak

Penn State International Law Review (1982 - 2011)

This article analyzes the conflict between the United States and the United Kingdom regarding the extraterritorial application of American antitrust laws. It begins by presenting a history of the dispute and then describes how that dispute culminated in a judicial battle in the Laker Airways litigation.

The article recognizes, however, that the question of extraterritorial application of United States antitrust laws is too political in nature to be determined in the judicial arena. Indeed, recent attempts by United States courts to balance United States and foreign interests have done nothing to assuage Britain's aversion toward American antitrust laws. This article …

International Arbitration, J. Sorton Jones

UC Law SF International Law Review

No abstract provided.

Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho

UC Law SF International Law Review

The 1980 Refugee Act was created to replace earlier ad hoc measures with a comprehensive refugee admissions program. To this end, the 1980 Refugee Act adopted a non-ideological refugee definition from the 1967 United Nations Protocol Relating to the Status of Refugees. Discriminatory patterns in refugee admissions persisted after 1980, however, due in part to procedural requirements incorporated from earlier immigration legislation and in part to State Department input into the newly created asylum procedures under the 1980 Act. The treatment afforded Salvadoran refugees demonstrates the continued ideological thrust of refugee admissions after 1980. This Note suggests an application of …

Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship

UC Law SF International Law Review

No abstract provided.

Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman

UC Law SF International Law Review

Throughout Anglo-American history those in government have sought to silence opposition. Public discussion and dissent, however, are essential during national crises, such as military engagements or attempted expansions of governmental powers. Ironically, when public scrutiny is most needed, governments restrict the public access to information and the right to criticize governmental activities. This Article analyzes the English and United States governments' attempts to limit public access to information. Both systems recognize legitimate limitations on the right of access only when necessary to protect sensitive governmental functions. In England, however, the restriction is broader. Public access can be limited to protect …

Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman

UC Law SF International Law Review

Third World nations have been attempting to balance foreign investment needs with the desire to both control economic development and retain the benefits of this development within their borders. Mexico and Cuba have recently enacted or revised their foreign investment laws. The Article examines these laws in detail and determines what balance these nations have struck between development and control and what compromises have been made. The Article then examines the Caribbean Basin Initiative to see what balance the United States, a capital exporter, finds optimal and to examine how the United States trade and investment laws differ both legally …

The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg

UC Law SF International Law Review

No abstract provided.

Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

At Long Last A Portuguese-English/English-Portuguese Legal Dictionary: Dicionário Jurídico-Law Dictionary By Maria Chaves De Mello, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

In Memoriam -- Alfred Frank Crotti, Rafael C. Benitez, Thomas R. Ewald, Richard A. Hausler, Bernard H. Oxman, Naseem K. Sayed, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

In Memoriam -- Soia Mentschikoff, E. Allan Farnsworth, Edward T. Foote Ii, Richard G. Huber, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

The United States Action In Grenada: An Exercise In Realpolitik, John M. Karas, Jerald M. Goodman

University of Miami Inter-American Law Review

No abstract provided.

Has The Fourth Amendment Gone Adrift In United States V. Villamonte-Marquez?, Cynthia Bianchi

University of Miami Inter-American Law Review

No abstract provided.

International Distribution And Sales Agency Agreements, Andre M. Saltoun

UC Law SF International Law Review

No abstract provided.

Astronauts And A Unique Jurisprudence: A Treaty For Spacekind, George S. Robinson

UC Law SF International Law Review

No abstract provided.

Extraterritorial Discovery: Extension Of Jurisdiction By The Eleventh Circuit, Geoffrey Spellberg

UC Law SF International Law Review

A problem which frequently arises in connection with international litigation concerns the assertion of jurisdiction by a court over a person, or res located in a foreign state. Extension of jurisdiction by United States courts to foreign enterprises has typically been manifested by discovery orders compelling document production. Foreign states have attempted to block this extension of jurisdiction by enacting nondisclosure statutes which subject violators to criminal liability for compliance with United States discovery orders. This Note examines the analysis developed by United States courts to determine the propriety of enforcing discovery orders that may subject a party to liability …

Introduction: The Legal Aspects Of Inhabited Space Stations, I. H. Ph. Diederiks-Verschoor

UC Law SF International Law Review

No abstract provided.

Foreign Certificates Of Deposit: Securities Or Banking Transactions After Wolf V. Banco Nacional De Mexico, S.A., Dana W. Fox

UC Law SF International Law Review

A certificate of deposit has features which invite its characterization' as both a commercial banking and an investment banking instrument. This dual characterization raises a question as to whether the federal banking or securities laws properly apply to regulate the issue of such certificates. This Note reviews the implications of extending the coverage of the federal securities laws to the issuance of a certificate of deposit by a foreign bank to a United States citizen. The discussion centers upon Wof v. Banco Nacional de Mexico, A.,4. and incorporates the recent result in that case, analyzing its likely effect upon the …

Elaborating The Legal Status Of Astronauts, V. S. Vereschetin

UC Law SF International Law Review

No abstract provided.

United States Tax Developments During 1983 That Can Affect International Transactions, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.

Preferential Treatment For Foreign Investment In The People's Republic Of China: Special Economic Zones And Industrial Development Districts, Thomas J. Klitgaard, Mayre Rasmussen

UC Law SF International Law Review

No abstract provided.

Business Opportunities In Japan, Hal G. Nielsen

UC Law SF International Law Review

No abstract provided.

Attorney-Client Privilege In The European Communities After A.M. & S. V. Commission: The Secret Is Out, Jeffrey Taylor Makoff

UC Law SF International Law Review

In a 1982 case the Court of Justice of the European Communities recognized the existence of an attorney-client privilege in European Community law. The privilege recognized by the Court of Justice, however, is narrower in scope than its United States counterpart; and the 1982 case left unanswered many important questions concerning the privilege's practical application in future cases. This Note examines the evolving doctrine of attorney-client privilege in Community law, with special attention given to the privilege's effect upon United States attorneys and their clients who are subject to Community jurisdiction.

Orbiting Inhabited Space Stations: Selected International Legal Aspects, Andrzej Gorbiel

UC Law SF International Law Review

No abstract provided.

Space Stations: Political, Practical And Legal Considerations, Carl Q. Christol

UC Law SF International Law Review

No abstract provided.