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Articles 5401 - 5430 of 5723

Full-Text Articles in Comparative and Foreign Law

International Aspects Of The Proposed Commercialization Of United States Civil Land Remote-Sensing, D. Grant Seabolt Jr. Jan 1984

International Aspects Of The Proposed Commercialization Of United States Civil Land Remote-Sensing, D. Grant Seabolt Jr.

UC Law SF International Law Review

No abstract provided.

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Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber Jan 1984

Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber

UC Law SF International Law Review

Antitrust regimes are mixtures of law, economics and administrative action instituted to protect complex economic processes. Currently in the United States there is widespread confusion and doubt about the goals, values, structures and processes of antitrust law. This Article presents a comparative study of United States and Swedish antitrust law in an attempt to shed some light on the current confusion. Sweden offers a valuable comparison because it utilizes its antitrust law to achieve the same basic goals that are pursued under United States antitrust law, but it does so in a significantly different manner. Swedish antitrust law, in contrast …

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Unifying The Law Of Impossibility, J. Barrigan Marcantonio Jan 1984

Unifying The Law Of Impossibility, J. Barrigan Marcantonio

UC Law SF International Law Review

On April 10, 1980, the United Nations Convention for the International Sale of Goods was announced. The Convention was the latest in a series of attempts to formulate a uniform law to govern transnational commercial transactions. Because the common- and civil-law systems start with fundamentally different approaches to contracts, the drafters of the Convention were faced with the difficult task of compromising between the two systems to create a hybrid acceptable to both. This Article focuses on the doctrine of impossibility where, on the surface at least, the common- and civil-law (exemplified by German law) approaches appear to be fundamentally …

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Worker Participation: Industrial Democracy And Managerial Prerogative In The Federal Republic Of Germany, Sweden And The United States, Laurence S. Zakson Jan 1984

Worker Participation: Industrial Democracy And Managerial Prerogative In The Federal Republic Of Germany, Sweden And The United States, Laurence S. Zakson

UC Law SF International Law Review

Section 8(a)(5) of the National Labor Relations Act establishes a mandatory duty for statutory employers and collective bargaining agents of their employees to bargain with each other in good faith with respect to "wages, hours, and other terms and conditions of employment." In a recent decision, First National Maintenance Corp. v. NLRB, the United States Supreme Court narrowly circumscribed the scope of this duty, effectively removing from the collective bargaining arena many decisions significantly affecting workers (e.g., plant closings and "job security"). This Note examines the underlying policies and the actual statutory and case-law applications of worker participation mechanisms in …

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Strategies For Entering Foreign Markets, Michael W. Berwind Jan 1984

Strategies For Entering Foreign Markets, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

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The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle Jan 1984

The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle

Penn State International Law Review (1982 - 2011)

This Article examines the West German Administrative Procedure Act ("VwVfG"), which forms an essential element in the German model of administrative decision-making and provides valuable insight into the nature of administrative decision-making in Germany. The first section of this Article discusses the history surrounding codification of administrative procedure in Germany, the subject and scope of the VwVfG, and the role of the VwVfg plays within the overall German administrative law structure. The second section identifies the four procedural mechanisms provided for by the VWVfG to reach administrative decisions. The final section reviews administrative and judicial remedies available to contest final …

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Policy-Oriented World Power Process, Julius Stone Jan 1984

Policy-Oriented World Power Process, Julius Stone

UC Law SF International Law Review

This material is a reprint of Chapter 4 of Professor Stone's latest book, Visions of World Order. Between State Power and Human Justice. In this book, Professor Stone analyzes the "factual substratum" out of which international law arises or ought to arise and how this factual substratum is relevant to discussions of international justice and international law itself. In the chapter reprinted here, Professor Stone discusses the work of Professor Myres McDougal. MeDougal, according to Stone, focuses on the policy-oriented approach of national decision-makers participating in the "World Power Process." Because the policy ostensibly being pursued is the furthering of …

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Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams Jan 1984

Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams

UC Law SF International Law Review

United States pesticide manufacturers are exporting increasingly large amounts of pesticides which are banned or restricted for use in the United States. The use of these pesticides presents dire health and environmental consequences in the developing countries which import the pesticides. Current United States policy dealing with the problems raised by pesticide export stresses notification of recipient countries when such pesticides are exported. This Note contends that the notification policy is fundamentally flawed in that developing countries cannot make use of the information provided by the notification process. The Note suggests that a new policy of direct regulation is needed …

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Regulation Of Foreign Investment In Brazil: A Critical Analysis, Keith S. Rosenn Oct 1983

Regulation Of Foreign Investment In Brazil: A Critical Analysis, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

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Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr. Jan 1983

Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.

UC Law SF International Law Review

No abstract provided.

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The Extraterritorial Application Of German Antitrust Law, David J. Gerber Jan 1983

The Extraterritorial Application Of German Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.

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Treaty Shopping And The 1981 United States Treasury Draft Model Income Tax Treaty, Nicholas S. Freud Jan 1983

Treaty Shopping And The 1981 United States Treasury Draft Model Income Tax Treaty, Nicholas S. Freud

UC Law SF International Law Review

No abstract provided.

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Tax Evasion Through International Manipulation Of Foreign Exhange Profits, Carol A. Brittain Jan 1983

Tax Evasion Through International Manipulation Of Foreign Exhange Profits, Carol A. Brittain

UC Law SF International Law Review

By constructing a hypothetical situation in which a non- United States bank with branches in New York and the Bahamas might illegally shift foreign exchange profits from New York to the tax-haven Bahamas, this Note explores what action the United States Internal Revenue Service (IRS) could take in pursuing and recapturing lost tax revenue. It is proposed that the application of section 482 be used to reallocate from abroad United States source income of banks. Recent developments in this area should give the IRS reason to consider enlarging the uses of section 482.

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Allowing Federal Courts Access To International Court Of Justice Advisory Opinions: Critique And Proposal, William T. Mclaughlin Ii Jan 1983

Allowing Federal Courts Access To International Court Of Justice Advisory Opinions: Critique And Proposal, William T. Mclaughlin Ii

UC Law SF International Law Review

Supporters of the idea that the rule of law should govern the world community have generally been disappointed by the meager role the International Court of Justice (ICJ) has played in international affairs and in the development of international law. Most of the explanations for the ICJ's underuse point to a single factor: that the vast majority of nation states, including the United States, choose not to risk their interests to the judgment of an independent international tribunal. This Note first examines two suggested modifications of the ICJ as proposed by the United States Congress and the American Bar Association. …

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Protection Of Constitutional Rights And Reform Of Nuclear Power Plant Licensing Procedures In West Germany: An Interim Assessment, Klaus Bosselmann Jan 1983

Protection Of Constitutional Rights And Reform Of Nuclear Power Plant Licensing Procedures In West Germany: An Interim Assessment, Klaus Bosselmann

UC Law SF International Law Review

This commentary by Dr. Bosselmarn originally appeared in Kritische Jirstiz in 1980. It is reproduced here with the author's permission in order to provide insight into this area of legal concern with respect to current debates in West Germany. This piece is especially timely in view of the Notes on licensing and decommissioning of nuclear power plants also published in this issue. Dr. Bosselmann's belief is that the nuclear licensing process in West Germany has not been concerned with the fundamental constitutional rights of the individual. Instead, nuclear licensing has evolved in the direction of procedural acceleration and simplification, and …

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Foreign Investment In United States Real Estate, Joel Rabinovitz Jan 1983

Foreign Investment In United States Real Estate, Joel Rabinovitz

UC Law SF International Law Review

No abstract provided.

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Artistic Freedom And Government Subsidy: Performing Arts Institutions In The United States And West Germany, Erik Stenberg Jan 1983

Artistic Freedom And Government Subsidy: Performing Arts Institutions In The United States And West Germany, Erik Stenberg

UC Law SF International Law Review

This Note examines the role of the government in securing and maintaining artistic freedom in the performing arts institutions of West Germany and of the United States. The primary basis for comparison is the ability of the artistic directors of performing arts institutions to program the works they desire. The author focuses on the various advantages and disadvantages of the direct subsidy approach implemented in West Germany as opposed to the emphasis on indirect government support found in the United States. Finally, the author concludes that direct and open government support of the performing arts, such as in West Germany, …

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Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer Jan 1983

Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer

UC Law SF International Law Review

Oligopoly industry structure, where a small number of firms dominate a large percentage of the market, is prominent in American business. Antitrust scholars debate about how an oligopoly firm sets its prices and whether the prices are competitive. Some scholars believe that United States law allows oligopolists to avoid detecting and punishment for collusive pricing activities. This Note compares two approaches to proving collusion in oligopolistic industries. One approach is proposed by Richard A. Posner and the other is presently utilized by the European Court of Justice for the European Economic Community. The author urges that United States courts adopt …

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Dispute Resolution In Space, Scott F. March Jan 1983

Dispute Resolution In Space, Scott F. March

UC Law SF International Law Review

As the United States makes strides toward maintaining a permanent presence in space, there is a need for a legal framework to adjudicate disputes arising among men and women working there. Present law does not adequately take into account the unique conditions encountered in space such as isolation, confinement and dangerous environments. This Note proposes that the United States codify substantive and procedural law to facilitate resolution of disputes in space. The code must allow for timely dispute resolution and avoid serious disruption of the mission. The proposal suggests that national, not international, law should form the basis for the …

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Recent Developments In West German Civil Procedure, William B. Fisch Jan 1983

Recent Developments In West German Civil Procedure, William B. Fisch

UC Law SF International Law Review

For the past twenty years, the West German system of civil procedure has undergone extensive re-examination and reform. These developments have centered on concerns regarding accessibility, technicality, cost, and delay. Nearly every phase of civil litigation was subjected to critical review and amendment. These changes have not, however, been as extensive as the most ambitious reformers would have liked, and will probably be weakened by practice and interpretation. Because much of the impetus for these changes was based on a common problem, ever-increasing litigation, it is useful for United States observers to review the West German approach and success in …

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Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier Jan 1983

Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier

UC Law SF International Law Review

Contract and tort law have usually been doctrinally separated. The dominant phenomenon of social regulation, however, today overshadows the autonomous assumption of obligations through contract and the imposition of obligations through general tort rules. The author examines the development of West German tort law and shows that tort law has increasingly become a means of social regulation through judge-made rules of conduct. Special judge-made tort law regulates the social behavior of previously autonomous market citizens. The author argues that this trend toward social regulation through special tort law has rendered nineteenth century legal ideas about the relationship between contract and …

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Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller Jan 1983

Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller

UC Law SF International Law Review

Despite recent considerations weighing against future 'development of nuclear power there are problems created by the substantial number of existing nuclear power plants. Whereas the building and operation of nuclear facilities are covered by detailed legislation, very little attention has been given to nuclear reactor decommissioning. Decommissioning involves the permanent shutdown of a nuclear facility and it is a significant concern as nuclear power plants grow older and more obsolete. This Note discusses what decommissioning is and why it is important and examines the decommissioning policies of three nations with active nuclear power industries: the United States, West Germany, and …

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Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern Jan 1983

Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern

UC Law SF International Law Review

The antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934 may apply to securities sold exclusively to nonresident aliens. The extraterritorial application of these provisions is allowed only when United States Courts have subject matter jurisdiction over the transaction under principles of international law. Case law examines the relationship among four variables to determine whether United States Courts will assert or deny jurisdiction. This Article proposes a matrix model that uses these four variables to assist in the determination of jurisdiction. The matrix model is a tool which clarifies the variables involved in the jurisdictional …

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Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow Jan 1983

Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow

UC Law SF International Law Review

The Accident Compensation Act (ACA) of New Zealand provides a uniform system of rehabilitation and compensation for personal injury or death resulting from accidents in New Zealand. This Article examines how the private international law provisions of the Act apply in aviation product liability. The Sixth Circuit case of Bennett v. Enstrom Helicopter Corp. is extensively analyzed. The author argues that the trial and appellate courts in Bennett, in holding the ACA has the exclusive remedy, misinterpreted substantive New Zealand law on recovery for injury or death. She mentions that the ACA left areas of "residual liability" and that Bennett …

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West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman Jan 1983

West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman

UC Law SF International Law Review

With the development of cable television, direct broadcast satellite and other new broadcast technologies, television systems throughout the world have been thrown into a period of rapid transition. Against this quickly evolving background the West German Constitutional Court has held for the last 33 years to a vision of television as a catalyst of community and servant of the democratic process. This Note is the first American examination of the legal basis for what has been a public broadcasting monopoly in West Germany. The Note offers a close analysis of the three seminal television decisions of the Constitutional Court, as …

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Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence Jan 1983

Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence

UC Law SF International Law Review

The policy of the United States to supply nuclear power plants and materials to selected foreign nations raises questions concerning environmental concerns, nuclear weaponry problems, and foreign relations considerations. This Note examines the statutory scheme by which Congress has sought to balance these factors and the role of the judiciary in implementing this plan. Specifically, a recent case involving the Nuclear Regulatory Commission's grant of a license for exporting nuclear plant materials to the Philippines is reviewed. The author concludes that this litigation failed to provide adequate guidance for the Commission and for courts in future cases. The author offers …

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Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton Jan 1983

Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton

UC Law SF International Law Review

Chile withdrew from the Andean Common Market (ANCOM) in 1976 and ceased to follow ANCOM's foreign investment code Decision 24. Since that time ANCOM and Chile have effected changes in their foreign investment codes. ANCOM introduced flexibility into Decision 24 which brought the Decision more in line with prevailing economic conditions without altering its basic theoretical outlook. Chile, on the other hand, passed an amendment to its already liberal national foreign investment statute. The amendment further opened the door to unrestricted foreign investment in Chile and has, in the author's view, contributed to a loss of national control over the …

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The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau Jan 1983

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

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Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer Jan 1983

Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer

UC Law SF International Law Review

The United States and Sweden are both highly industrialized nations whose workers are exposed to similar risks and substances. Thus, the legal problems surrounding worker protection from occupational hazards are similar. Traditions and cultural differences, however, have influenced the direction each country has taken in this area. In light of these differences, the author reviews some recent changes in Swedish occupational safety and health law and examines the important differences between the Swedish and United States approaches. She concludes that although neither country would benefit from the wholesale adoption of the other's program, each could effectively borrow ideas that proved …

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Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey Jan 1983

Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey

UC Law SF International Law Review

Canadian ownership and control of United States cablevision systems has steadily increased over the past seven years. This has given rise to heated debate concerning the issue of such alien control. The argument to impose citizenship requirements upon cable ownership centers on present citizenship requirements on common carriers and broadcast licensees, and on the issue of trade reciprocity. Rejecting the reciprocity argument as artificial, the author believes that Congress should impose citizenship requirements on cable television ownership, and that these requirements should be based on the policies and rationale of the Communications Act of 1934, which details the true reasons …

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