Comparative and Foreign Law Commons^™

Foreign Investment In Real Property Tax Act Of 1980, Richard Eigenbrode

UC Law SF International Law Review

No abstract provided.

Comparative View Of The Law Of Trademarked Generic Words, A, Ralph H. Folsom, Larry L. Teply

UC Law SF International Law Review

Legal systems that enforce exclusive rights to words claimed as trademarks face two common problems: the trademark may degenerate into a generic word for the product, and a manufacturer may try to restrict a generic product name from the public domain by various means. Difficult questions must be confronted when the trademark claimant seeks to enforce the generic word. The authors compare the approaches that have been taken by the United States and four Commonwealth countries, all of which have evolved very different common-law and statutory solutions. The Article concludes that although there are shortcomings in American law, they are …

Orderly Marketing Agreements: Analysis Of United States Automobile Industry Efforts To Obtain Import Relief, Liberty Mahshigian

UC Law SF International Law Review

The fundamental trade policy of the United States is set forth in the Trade Act of 1974, which includes procedures for implementing import relief. Petitions for such relief are submitted to the International Trade Commission, and a recommendation is made to the President upon an affirmative finding. A negative determination by the International Trade Commission, however, presents some problems with which the Trade Act is not equipped to deal. This Note analyzes these problems in the context of the situation surrounding the importation of Japanese automobiles in 1980, in which the Commission determined that import relief was not warranted. The …

Tax Aspects Of Foreign Investment--Introduction, Kevin K. Takeuchi

UC Law SF International Law Review

No abstract provided.

An Overview Of Inbound Foreign Investment, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

Income Effectively Connected With A United States Trade Or Business Or Attributable To A Permanent Establishment, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.

United States Taxation Of U.S. Corporations Operating Overseas, Zoltan M. Mihaly

UC Law SF International Law Review

No abstract provided.

Tax Aspects Of Currency Fluctuations, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

Section 385 Regulations: New Perspectives On Debt Vs. Equity In International Transactions, Steven J. Cohen

UC Law SF International Law Review

No abstract provided.

An Overview Of Outbound Foreign Investment, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller

UC Law SF International Law Review

The prevention of "dumping"-selling products on the United States market at artificially low prices-has become a key issue in the international marketplace. The Antidumping Act of 1916 is designed to protect domestic industries from this predatory price discrimination by foreign firms, but this remedial provision has been invoked rarely. This Note analyzes a recent district court case that dismissed most of the plaintiffs' arguments brought under the Act, due to "minor" technical differences between the domestic and foreign products. The author concludes that the court's decision is contrary to Congressional intent and advocates the adoption of a flexible standard for …

The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak

UC Law SF International Law Review

Three recent circuit court decisions concluded that there is no right to a jury trial for a foreign sovereign-owned corporate entity under the Foreign Sovereign Immunities Act. The issue seems unsettled, however, due to a strong dissent in one of these cases and four contrary district court opinions. This Note argues that the circuit court cases were wrongly decided, not because of a misreading of congressional intent, but rather because the Foreign Sovereign Immunities Act violates the Seventh Amendment right to jury trial in civil cases. Furthermore, the circuit courts failed to properly distinguished between a foreign sovereign and its …

An Overview Of Outbound Foreign Investment, John P. Mcdonnell

UC Law SF International Law Review

No abstract provided.

The Importance Of Tax Treaties, David S. Foster

UC Law SF International Law Review

No abstract provided.

The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer

UC Law SF International Law Review

No abstract provided.

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Israel and Palestine--Assault on the Law of Nations by Julius Stone.

Baltimore: The John Hopkins University Press. 1981. Pp.223. $17.50.

Reviewed by Barry Hart Dubner

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Treatise on Air--Aeronautical Law. Nicolas Mateesco Matte.

Toronto: The Carswell Co. Ltd., Pp. 832.

Reviewed by John M. Lindsey

The Spanish Constitution Of 1978: Legislative Competence Of The Autonomous Communities In Civil Law Matters, Juan C. Palau, Jose W. Fernandez

Vanderbilt Journal of Transnational Law

The Spanish Constitution of 1978 had to deal with the issues that emerged with the advent of a democratic regime following the death of General Francisco Franco in 1975. Political pluralism, the relationship between church and state, and the official language of the Spanish state were among the dilemmas facing the Constitutional Commission. Yet the historically sensitive issue of the autonomy of the Spanish regions proved to be the most troublesome. Title VIII of the Constitution provides a political compromise in resolution of this issue although scholars and politicians, including some constitutional draftsmen, have criticized the ambiguity of this title. …

The Law Of The Sea Conference And Development: Food And Energy Resources, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

Introduction, Soia Mentschikoff, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Reflections On Dames & Moore V. Regan And The Miami Conference, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka

UC Law SF International Law Review

In 1980, Congress established a commission to investigate whether a wrong was committed by the evacuation and internment of Japanese Americans during World War II. The investigation may provide the basis for making reparations to the Japanese Americans involved. The Note compares remedies made available by the Federal Republic of Germany for the extermination and displacement of Jews during World War II with past and possible future remedies for the Japanese Americans. The Note concludes that the precedent set by the Federal Republic of Germany of making reparation on the basis of a moral obligation should be followed by the …

Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark

UC Law SF International Law Review

Since the courts have been unable to develop a workable test to distinguish between political and non-political offenses, this Note argues for a clear division between the roles of the judiciary and the executive in extradition proceedings. This division-of-responsibility approach would have the judiciary determine probable cause and the sufficiency of evidence to sustain a charge against an accused while the determination of the political or non-political character of an offense would be left to the State Department. The Note argues that had this approach been adopted, recent extradition decisions could have reached harmonious results.

The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden

UC Law SF International Law Review

International human rights law may give rise to domestically enforceable rights. The Note traces the evolution of international human rights law, and examines the cases in which international human rights law has been applied as authority in United States courts. One obstacle to widespread domestic application of international law is a subjective approach to "self-executing treaty analysis" used by some courts. The Note urges a re-evaluation of the self-executing treaty analysis as applied to changing international human rights law, and suggests that treaties should be evaluated on the basis of the express treaty language, and not on the basis of …

On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney

UC Law SF International Law Review

This Article attempts to identify due process with natural justice and examines the rehabilitation of natural justice in United States administrative law. The Article opens with a discussion of the development of due process in the United States, followed by an examination of the Commonwealth natural justice law. Sources of natural justice in the United States are reviewed, and the author concludes that due process is only a specific application of the natural justice requirements for the right to a fair hearing.

Income Tax Consequences Of Expatriation, James Wm. Clement

UC Law SF International Law Review

One possible method of reducing United States income tax liability is to expatriate, or renounce United States citizenship, and be taxed as a nonresident alien. However, there is a degree of tax planning necessary to accomplish a reduction or elimination of income taxation of the expatriate. This Note discusses techniques that can be used to accomplish this favorable tax treatment.

International Law And Community Treaty-Making Power, Hans Van Houtte

Northwestern Journal of International Law & Business

The European Community, in addition to its power within the Community, may negotiate and conclude agreements with states and other international organizations. In his article, Mr. van Houtte examines the Community's utilization of its treaty-making powers under community law as well as under international law. He concludes that the Community will attain full international status when it utilizes its treaty-making power completely and assumes full and exclusive responsibility for it.

The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau

UC Law SF International Law Review

On May 14, 1980, Articles 1005 and 1028 of the French Code of Civil Procedure were replaced with a decree instituting fifty new provisions regulating French arbitral practice. The decree responds to many of the criticisms of the former legislation, confers new status to arbitral awards and restructures the body of applicable law into a coherent and intelligent whole. This article begins with an outline of some of the policy considerations which led to the enactment of the decree and its substantive provisions. The article proceeds by analyzing the new provisions concerning French domestic arbitration, in the order in which …

The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn

UC Law SF International Law Review

Two areas of controversy, post-employment limitation of former public servants and whistleblower protection of public servants, provide insight into the differences between the American and British experience in controlling public service ethics. This article compares the American system of ethical controls in the public service through statutory regulation to that of the British system, which relies on limited informal sanctions. The author suggests that the British system of controls, which relies greatly on self-restraint of individual civil servants, provides an opportunity to examine the role of law in the establishment and preservation of public service ethics in the United States …

Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron

UC Law SF International Law Review

The "special status" provisions of the Law of the Sea Treaty are limited to "archipelagic states" and a broad interpretation of the provisions to include archipelagos may directly conflict with the interests of large maritime powers to maintain freedom of the High Seas. This Note uses Hawaii as a focal point and discusses the competing policy issues as well as analyzing pertinent provisions of the Treaty in reaching the conclusion that no special status will be accorded the State of Hawaii.

Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede

UC Law SF International Law Review

The role of money in politics is of almost universal concern in Western representative democracies. Each nation addresses different considerations and has devised various means with which to regulate the political financing process. Against this framework, the Note examines the regulations and controls in the United States and West Germany. While the United States has developed an extensive body of regulations designed to strictly control political contributions, West Germany has only certain disclosure requirements of contributions greater than a specified amount. The Note concludes with an analysis of both systems and their respective concerns.