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Articles 11911 - 11940 of 13717

Full-Text Articles in Comparative and Foreign Law

Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni Jan 1987

Regulation Of Insider Trading In Hong Kong, Jonathan M. Gafni

UC Law SF International Law Review

The growth of the Hong Kong securities market over the last twenty years has been marked by speculation, volatile securities prices, and widespread trading abuses. One important factor affecting the behavior of Hong Kong investors has been the flow of information to the market. For the most part, trading in the Colony is fed by rumors. The use of rumors in making investment decisions adversely affects the integrity of the market since most investors are unable to distinguish between rumors and facts. At the same time, a number of individuals have access to inside information because of their positions in …

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Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill Jan 1987

Computer Technology Exports Under The Export Administration Amendments Act Of 1985: Taking Competitive Advantage Of China's Open Door, Sylvia R. Gill

UC Law SF International Law Review

The trade policy of the People's Republic of China encourages imports of computer technology from the United States. While this interest in its products should allow the United States to improve its balance of trade, exporters of computer technology are encountering barriers from American regulators which make it difficult to meet the Chinese demand. This Note examines the rules adopted by Congress and the Department of Commerce that have affected the competitive posture of American companies wishing to sell computer technology to China. The author focuses on the Export Administration Act of 1979 and the 1985 amendments to that Act. …

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The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust Jan 1987

The Link Between Human Rights And Terrorism And Its Implications For The Law Of State Responsibility, Jordan J. Paust

UC Law SF International Law Review

Traditional international law generally condemns acts of terrorism and violations of human rights. The United Nations also condemns such actions. This Article first examines the legal responsibility of all nations to respect and protect human rights within their borders. It then discusses the legal responsibility of all countries to protect human rights outside their own borders. Under both the United Nations Charter and general principles of customary international law, every state has a duty to refrain from assisting or even tolerating known terrorist activities. The author analyzes United States precedent and points out that this duty has been acknowledged by …

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Civil Defamation Law In The Soviet Union, Fred H. Cate Jan 1987

Civil Defamation Law In The Soviet Union, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

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The Autonomy Of Law: Two Visions Compared, Richard O. Lempert Jan 1987

The Autonomy Of Law: Two Visions Compared, Richard O. Lempert

Book Chapters

During the past decade the effort to understand the place of the legal system in society has, in England and America, given rise to a renewed interest in the possibility of legal autonomy (Thompson, 1975; Balbus, 1973; 1977; Trubek, 1977). More recently, on the continent of Europe, especially in Germany, scholars have focused on an apparently radical form of autonomy — embodied in the idea of an autopoietic system — in an effort to understand how law functions (Luhmann, 1985 d; Teubner, 1984). These two approaches to understanding the legal system paint pictures that have much in common, but they …

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Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman Jan 1987

Redefining Refugee: A Proposal For Relief For The Victims Of Civil Strife, 24 San Diego L. Rev. 449 (1987), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

Viewing the displaced victims of civil strife in El Salvador as a paradigm, this Article examines the predicament of such victims, surveys various solutions purportedly existing under current law, and concludes that the complex mosaic of United States immigration law fails to offer relief or remedy. Moreover, other countries, such as Mexico, do not offer any real assistance. In light of these deficiencies, the Article proposes that current asylum law be amended to redefine "refugee" to include victims of civil strife in order to further humanitarian goals.

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Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan Jan 1987

Recognition Of Proprietary Interests In Software In Korea: Programming For Comprehensive Reform, Byoung Kook Min, Gary Sullivan

Michigan Journal of International Law

This article will review the legal environment and major issues concerning software protection in the Republic of Korea, and will describe the existing applicable laws and regulations and the trend towards software protection in the region. In addition, the implications of Korea's pending accession to the Universal Copyright Convention will be analyzed. Finally, this article will conclude with a discussion of the current reforms and their implications for Korean international trade law.

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Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi Jan 1987

Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi

Michigan Journal of International Law

This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …

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Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp Jan 1987

Some Problems Of Legal Regulation Of The Use Of Computer Technology In Czechoslovakia, Viktor Knapp

Michigan Journal of International Law

Technical progress is one of the most important elements of social development which necessarily causes change in the law. In the past few decades computer technology has become very important. As a component of technical progress, computer technology has given rise to new social relations which require legal regulation. Such regulation, however, is not provided adequately by existing legal rules in the contemporary Czechoslovak legal system.

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Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski Jan 1987

Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski

Michigan Journal of International Law

This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.

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Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow Jan 1987

Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow

Michigan Journal of International Law

This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.

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The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping Jan 1987

The Case For Employee Ownership In Overseas Operations Of U.S. Multinational Enterprises In Central America, William G. Hopping

Michigan Journal of International Law

Part II of this note explains the relevance of using U.S. direct investment in Central America as a starting point for encouraging employee ownership. Part III describes the essential legal framework of the ESOP in the U.S., providing a framework from which to adapt the ESOP to other countries. Part IV argues that all parties participating in this form of expanded ownership will realize significant short and long-term benefits, but points out some problems of transferring ESOPs, a U.S. legal innovation, to different cultural and business environments. Part V presents some of the legal and economic issues of adapting ESOPs, …

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A Government By Judges: An Historical Re-View, Michael Henry Davis Jan 1987

A Government By Judges: An Historical Re-View, Michael Henry Davis

Law Faculty Articles and Essays

In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …

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De Facto Government, State Of Siege Powers, And Freedom Of The Press In Argentina, Robert D. Kartheiser Jan 1987

De Facto Government, State Of Siege Powers, And Freedom Of The Press In Argentina, Robert D. Kartheiser

University of Miami Inter-American Law Review

No abstract provided.

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The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala Jan 1987

The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala

Michigan Journal of International Law

This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.

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Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn Jan 1987

Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn

Articles

No abstract provided.

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The Role Of Contract Law In Developing The Chinese Legal Culture, David A. Hayden Jan 1987

The Role Of Contract Law In Developing The Chinese Legal Culture, David A. Hayden

UC Law SF International Law Review

The economic reforms initiated during the past decade in China have created an additional need for legal reforms. One reform which greatly affects commercial transactions between Chinese and foreign entities is the establishment of a legal framework for analyzing contractual relationships. This Article outlines some of the provisions of the Economic Contract Law, which governs contracts between Chinese entities, and the Foreign Economic Contract Law, which governs contracts used in foreign trade. After noting the interdependence of these laws, the author examines the treatment of several issues which are of great concern to foreign businesses, including choice of law, contract …

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Evaluation And Reform Of California's Residency Standard, Dana L. Mishne Jan 1987

Evaluation And Reform Of California's Residency Standard, Dana L. Mishne

UC Law SF International Law Review

Under current California law, individuals classified as residents are taxed on their entire taxable income. Nonresidents are taxed only upon income derived from sources within California. This Note initially examines California's current standard for determining residency. The author points out that the current standard provides flexibility, but is too subjective to provide certainty. The author then discusses the current objective standard by which the federal government determines United States residency. In addition, the author suggests a modified version of the federal standard. This version would delete inapplicable provisions, but retain objective tests. In conclusion, the author proposes that California adopt …

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China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song Jan 1987

China's New Bankruptcy Law: A Translation And Brief Introduction, Douglass G. Boshkoff, Yongxin Song

Articles by Maurer Faculty

No abstract provided.

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Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca Jan 1987

Developments In European Product Liability, Ferdinando Albanese, Louis F. Del Duca

Penn State International Law Review (1982 - 2011)

The eight questions discussed in this article are as follows: (1) Why is new legislation needed in the field of product liability? (2) What should be the basis of a new regime of product liability? (3) Who should be liable? (4) What products should be subject to a new regime of product liability? (5) Who should be entitled to sue? (6) What defenses shall be allowed? (7) What damage should be compensated? (8) How long should the producer's liability last?

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"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar Jan 1987

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review (1982 - 2011)

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

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Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters Jan 1987

Equal Protection Limitations On Choice Of Law Decisions, Anne-Marie Witters

LLM Theses and Essays

In this paper, the author seeks to clarify the implications of contemporary Fourteenth Amendment theory for state autonomy in deciding conflict cases, concentrating on state discrimination against non-residents and aliens. The author argues that laws which distinguish locals from residents of other states should be reviewed under strict scrutiny, just as laws that discriminate against aliens. Also U.S. choice of law methodologies from both past and present are discussed, with the conclusion that modern theories violate the Equal Protection Clause of their systematic preference for forum residents and parochial results. After a review of the European conflicts system, the choice …

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The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr Jan 1987

The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr

Faculty Works

The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …

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United States Whale Policy: The Judiciary Casts Its Vote In Favor Of A Moderate Approach, Scott T. Larson Jan 1987

United States Whale Policy: The Judiciary Casts Its Vote In Favor Of A Moderate Approach, Scott T. Larson

Vanderbilt Journal of Transnational Law

The Supreme Court's decision in Japan Whaling Association temporarily settled the question of whether the United States would pursue whale conservation with a hard line or moderate approach. The Court's decision to affirm the moderate approach will affect United States conservation efforts as well as the IWC's efforts. Conservationists argue that a strict approach to whale protection is the only effective alternative. Current United States policy and law reject that view. Had a full Court adopted a strict conservationist position with Justice Marshall and the other three dissenters, United States whale policy would be markedly different. United States policy would …

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Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer Jan 1987

Covenant, Justicies Writs, And Reasonable Showings, Robert C. Palmer

Faculty Publications

No abstract provided.

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Foreword, Donald P. Kommers Jan 1987

Foreword, Donald P. Kommers

Journal Articles

Professor Zeidler's article appears in the sixty-second volume of the Notre Dame Law Review, in English, for the first time. It is the most comprehensive and up-to-date treatment of the Federal Constitutional Court's decisional procedures to appear so far in an American law review. It should interest students of comparative constitutional law as well as American scholars alarmed by the United States Supreme Court's claims to finality or exclusivity in constitutional interpretation. By the use of certain decisional modes described by President Zeidler, the German Court provides the legislature with considerable leeway in meeting its constitutional obligations. In doing …

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Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee Jan 1987

Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee

Faculty Articles

The article begins with a discussion of the social and political background that influenced the emergence of the constitutionally guaranteed right to counsel in Spanish law. Next, it traces the constitutional development and legislative refinements of the right to counsel. It then considers judicial refinements of that right. The article concludes with a comparison of the Spanish process of articulating the right to counsel with the parallel process in the United States and what such differences bode for U.S. scholars.

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A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul Jan 1987

A Comparative Approach To Extraterritoriality In The Fields Of Antitrust And Export Controls, Andreas Knaul

LLM Theses and Essays

This work will show that all isolated proposals for the solution of the extraterritoriality problem are fundamentally insufficient. Only a combination of negotiation, agreements and arbitration comes near to a solution of the problem. Taking the example of antitrust and export control laws the author will describe and analyze the different approaches currently discussed to cope with the fact that one sovereign state tries to extend its jurisdiction into the field of another sovereign state. It is to be shown that no approach can succeed as long as the substantive laws in the antitrust and export control field are different.

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Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski Jan 1987

Two Firsts: A Comparative Study Of The American And The Polish Constitutions, Rett R. Ludwikowski

Scholarly Articles

This article is only an introductory study to further inquiry. It focuses on the first two constitutions in the world: the American Constitution of 1787 and the Polish Constitution of May 3, 1791. Furthermore, the emphasis of this essay will be disposed of in a different manner than in the above mentioned studies. The author's purpose is not to add another article to the numerous works already devoted to American Constitutional development; instead, the following remarks will emphasize Polish constitutional history, and treat the American constitutional experience as a background for comparison.

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Apartheid And The South African Judiciary, Lawrence G. Baxter Jan 1987

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

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