Comparative and Foreign Law Commons^™

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

THE WORLD OF SCIENCE AND THE RULE OF LAW

By John Ziman, Paul Sieghart, and John Humphrey

New York: Oxford University Press, 1986. Pp. viii, 343. $37.00

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ESSAYS ON INTERNATIONAL LAW

By Stuart S. Malawer

Buffalo: William S. Hein & Co., 1986. Pp. ix, 201. $35.00

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THE IMF IN A CHANGING WORLD, 1945-85

By Margarett Garritsen deVries

Washington: International Monetary Fund, 1986. Pp. x,226

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SOVIET LAW AND SOVIET REALITY

By Olimpiad S. Ioffe

Dordrecht: Martinus Nijohoff Publishers, 1985. Pp. vi, 234

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SWITZERLAND'S ROLE AS AN INTERNATIONAL FINANCIAL CENTER

By Benedicte Vibe Christensen

Washington: International …

The Rio De Janeiro Treaty: Genesis, Development, And Decline Of A Regional System Of Collective Security, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

Proposed Florida International Arbitration Act, Carlos E. Loumiet, Juan T. O'Naghten, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Algunos Aspectos Prácticos Del Litigio Internacional En Los Tribunales De La Florida, Angel Castillo Jr.

University of Miami Inter-American Law Review

No abstract provided.

Exclusionary Rules In France, Germany, And Italy, Walter Pakter

UC Law SF International Law Review

This Article compares the use of exclusion to deal with evidence obtained through coerced confessions, statements made prior to administration of a "right to silence" warning and through illegal searches and seizures. Despite the existence of statutory penalties to deal with police misconduct in interrogations and searches, European legislatures and courts have turned to exclusion to respond to abuses in these areas. The author examines first the historical background and then recent statutes and decisions introducing exclusion. France has declined scholarly suggestions that irregular interrogations be sanctioned by exclusion. Germany introduced statutory exclusion in reaction to civil liberties abuses under …

Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher

UC Law SF International Law Review

Today genetically engineered products are being designed for uses outside the contained environment of the laboratory. Because of fears over the possible consequences of releasing new organisms into the environment, both the United States and Great Britain are taking steps to try to ensure that such releases will be safe. This Note examines the regulatory schemes of those two countries and concludes that additional changes must still be made if comprehensive oversight of the field is to be achieved.

The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel

UC Law SF International Law Review

The political and economic conditions existing in many heavily indebted less developed countries (LDC's) may be militating in favor of repudiation of international debts. This Note examines these political and economic factors in relation to international debt, as well as the role of the International Monetary Fund. The Note goes on to examine the current state of international law regarding state responsibility for injury to aliens, to ascertain what protection, if any, it may offer international lenders. The conclusion reached by this Note is that currently there is no generally accepted rule of international law governing the rights of aliens …

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 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.

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.

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.