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Articles 5431 - 5460 of 5761
Full-Text Articles in Comparative and Foreign Law
Foreign Certificates Of Deposit: Securities Or Banking Transactions After Wolf V. Banco Nacional De Mexico, S.A., Dana W. Fox
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
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.
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
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
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
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
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
Space Stations: Political, Practical And Legal Considerations, Carl Q. Christol
UC Law SF International Law Review
No abstract provided.
International Aspects Of The Proposed Commercialization Of United States Civil Land Remote-Sensing, D. Grant Seabolt Jr.
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.
Antitrust Law And Economic Analysis: The Swedish Approach, David J. Gerber
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 …
Unifying The Law Of Impossibility, J. Barrigan Marcantonio
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 …
Worker Participation: Industrial Democracy And Managerial Prerogative In The Federal Republic Of Germany, Sweden And The United States, Laurence S. Zakson
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 …
Strategies For Entering Foreign Markets, Michael W. Berwind
Strategies For Entering Foreign Markets, Michael W. Berwind
UC Law SF International Law Review
No abstract provided.
The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle
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 …
Policy-Oriented World Power Process, Julius Stone
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 …
Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams
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 …
Regulation Of Foreign Investment In Brazil: A Critical Analysis, Keith S. Rosenn
Regulation Of Foreign Investment In Brazil: A Critical Analysis, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.
Recent Developments In State Income Taxation Of Unitary Business, Prentiss Willson Jr.
UC Law SF International Law Review
No abstract provided.
The Extraterritorial Application Of German Antitrust Law, David J. Gerber
The Extraterritorial Application Of German Antitrust Law, David J. Gerber
All Faculty Scholarship
No abstract provided.
Treaty Shopping And The 1981 United States Treasury Draft Model Income Tax Treaty, Nicholas S. Freud
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.
Tax Evasion Through International Manipulation Of Foreign Exhange Profits, Carol A. Brittain
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.
Allowing Federal Courts Access To International Court Of Justice Advisory Opinions: Critique And Proposal, William T. Mclaughlin Ii
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. …
Protection Of Constitutional Rights And Reform Of Nuclear Power Plant Licensing Procedures In West Germany: An Interim Assessment, Klaus Bosselmann
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 …
Foreign Investment In United States Real Estate, Joel Rabinovitz
Foreign Investment In United States Real Estate, Joel Rabinovitz
UC Law SF International Law Review
No abstract provided.
Artistic Freedom And Government Subsidy: Performing Arts Institutions In The United States And West Germany, Erik Stenberg
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, …
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
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 …
Dispute Resolution In Space, Scott F. March
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 …
Recent Developments In West German Civil Procedure, William B. Fisch
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 …
Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier
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 …
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
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 …