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Articles 12121 - 12150 of 13717

Full-Text Articles in Comparative and Foreign Law

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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Handicapped Babies And The Law: The United States Position, George P. Smith Ii Jan 1984

Handicapped Babies And The Law: The United States Position, George P. Smith Ii

Scholarly Articles

No abstract provided.

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The Plight Of The Genetically Handicapped Newborn: A Comparative Analysis, George P. Smith Ii Jan 1984

The Plight Of The Genetically Handicapped Newborn: A Comparative Analysis, George P. Smith Ii

Scholarly Articles

Confusion and controversy surround efforts to re-evaluate and, thus, redefine the extent to which governmental intrusion should be allowed in the doctor-patient relationship vis-a-vis the treatment or non treatment of genetically handicapped, at risk infants. The purpose of this article is to present a succinct comparative analysis of the medical-legal posture in Britain and the United States and from this analysis to develop a construct to aid the physician and the family in making decisions concerning the administration or the withholding of treatment for genetically defective newborns.

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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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Technology Diffusion And The Performance Of American Manufacturing: A Propsal For An Industrial Extension Service, Frank Ostroff Jan 1984

Technology Diffusion And The Performance Of American Manufacturing: A Propsal For An Industrial Extension Service, Frank Ostroff

Michigan Journal of International Law

The purpose of this article is to propose an Industrial Extension Service modeled upon the Agricultural Extension Service, and suggest how it might effectively address certain fundamental problems hindering the performance of the American manufacturing sector. Part I highlights some probable causes of American manufacturing's declining relative performance. Part II discusses why firms may adopt new technology more slowly than would be optimal. Part III considers the model of the Agricultural Extension Service, pointing out those features that make it attractive and those features that would have to be changed in applying it to the industrial sector. Part III also …

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Foreign Investment Laws In Developing Countries, Jane E. Cross Jan 1984

Foreign Investment Laws In Developing Countries, Jane E. Cross

Michigan Journal of International Law

Rather than extensively analyzing the various laws of Argentina, Mexico, and Nigeria that are specifically designed to encourage foreign investment, this note endeavors to explain how the laws of these countries that have as the primary function the monitoring and restricting of foreign investment activity are able to refrain from severely discouraging the foreign investment needed to promote industrialization. The tendency of LDCs to liberalize their restrictive foreign investment laws over the last few years demonstrates the growing importance of minimizing the adverse impact of legal constraints on foreign capital investment.

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The Jury, Seditious Libel And The Criminal Law, Thomas A. Green Jan 1984

The Jury, Seditious Libel And The Criminal Law, Thomas A. Green

Book Chapters

The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …

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Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp Jan 1984

Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp

Faculty Scholarship

No abstract provided.

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The Role Of Planning Contracts In The Conduct Of French Industrial Policy, Saul Estrin, Peter M. Holmes Jan 1984

The Role Of Planning Contracts In The Conduct Of French Industrial Policy, Saul Estrin, Peter M. Holmes

Michigan Journal of International Law

The French have a long history of state economic planning, of comprehensive industrial policy, and of contractualised relations between the state and firms, though the links between them have not always been close. In the following section we review the relevant history of French planning and industrial policy. We focus in the second section on the development of contractual relations between corporations and the state in postwar France until the Socialists took office in 1981. In the third section we discuss recent developments, and we conclude with a theoretical appraisal of the experience.

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Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow Jan 1984

Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow

Michigan Journal of International Law

This article describes past and present Japanese industrial policies. After discussing the evolution of Japanese industrial policies generally, it addresses the specific instruments of those policies including those intended to assist declining industries as well as those intended to promote the development of new industries. Finally, this article suggests that government guidance of Japan's industrial sector has decreased and is likely to decrease further still in the future.

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Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C. Jan 1984

Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.

Michigan Journal of International Law

The purpose of this article is to consider the Foreign Investment Review Act (FIRA or the Act) of Canada in the context of the continuing discussion in North America of the concept of "industrial policy." The particular version of industrial policy of interest for this purpose is the concept which involves interventionist activity by the government designed to affect directly the economic activity of an industry, company, or plant. The first part of the article briefly describes the background and operation of FIRA. The second part comments on the concept of interventionist industrial policy as it has developed in Canada. …

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Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin Jan 1984

Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin

Michigan Journal of International Law

This note will focus on direct investment in four countries in Southeast Asia: the Republic of China (ROC), the Republic of Korea (ROK or South Korea), Thailand, and the People's Republic of China (PRC). Despite similar goals, these four countries differ significantly in their treatment of foreign investors.

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The Experience Of The Automotive Industry In Industrial Policies Of Selected Governments, Thomas R. Atkinson, Susan G. Ezrati, James J. Flynn Jan 1984

The Experience Of The Automotive Industry In Industrial Policies Of Selected Governments, Thomas R. Atkinson, Susan G. Ezrati, James J. Flynn

Michigan Journal of International Law

We shall not define precisely industrial policy other than to note that the cases we intend to examine involve some form of general, integrated, economic policy that, among other things, includes industry-specific measures that have had direct or indirect consequences for other countries through trade or investment links. Many other characteristics, including program integration; abridgment of private business governance, perhaps involving varying degrees of compulsion or subsidy; non-market incentives; and subordination of the market mechanism, may or may not be present in the industrial policies discussed. Very often specific protection of favored industries is a major instrument of industrial policy; …

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Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber Jan 1984

Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber

Michigan Journal of International Law

This article first presents a brief overview of Brazilian industrial development. This overview provides a basis for understanding how the Brazilian Government's informatics policy differs from past Brazilian industrial models. The article then describes the Brazilian Government's policy in the field of informatics. It concludes that a policy which is less protectionist than the government's current program would, through allowing greater foreign participation in the market, better encourage the development of Brazilian informatic companies.

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Industrial Policy And The Rights Of Labor: The Case Of Foreign Workers In The French Automobile Assemble Industry, Mark J. Miller Jan 1984

Industrial Policy And The Rights Of Labor: The Case Of Foreign Workers In The French Automobile Assemble Industry, Mark J. Miller

Michigan Journal of International Law

The foreign labor which made possible Western Europe's postwar economic growth has become a permanent, if belatedly recognized, component of the region's labor markets. Technological change and new industrial policies stressing efficiency, skilled labor, and rationalization threaten foreign workers, raising complex and important issues of law and social policy in the debate over labor's role in industrial policy. These changes already have resulted in grave problems which make agreement and clarification of the rights of foreign workers in national and international law a matter of considerable urgency.

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Review Of Foreign Laws, Michigan Journal Of International Law Jan 1984

Review Of Foreign Laws, Michigan Journal Of International Law

Michigan Journal of International Law

The following summaries of national laws relating to industrial policy do not attempt to catalogue every law or program that arguably falls under the rubric of industrial policy. Rather, to varying degrees, they pay special attention to several themes that recur in all discussions of industrial policy: the promotion of certain industries and the management of the decline of others; the formation of a consensus between labor and management on an industry's future; and the creation of a plan for future development. These summaries illustrate the diversity of the legal tools that various countries use to promote industrial development. This …

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The Creation Of Constitutions In Canada And The United States, Richard Kay Jan 1984

The Creation Of Constitutions In Canada And The United States, Richard Kay

Faculty Articles and Papers

No abstract provided.

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Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn Jan 1984

Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn

Articles

No abstract provided.

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The Role Of The Federal Government In Worker Adjustment Assistance, Linda Elliott Jan 1984

The Role Of The Federal Government In Worker Adjustment Assistance, Linda Elliott

Michigan Journal of International Law

Part I of this note examines worker adjustment assistance in the United States. It traces TAA's evolution from its inception as a means of compensating trade-displaced workers while minimizing government intervention in the market adjustment process, through its amendment to reflect congressional concern over the low number of worker certifications, to the criticism of its procedures arising out of more recent congressional interest in government-sponsored retraining as a means of attaining worker adjustment. After arguing that current certification and distribution procedures continue to reflect the original goal of the program- compensation with minimal intervention in the market- the note examines …

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Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably Jan 1984

Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably

Articles

No abstract provided.

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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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Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood Jan 1984

Saints And Sinners: On Gandhi's Lawyers And Touts, John A. Flood

Articles by Maurer Faculty

No abstract provided.

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Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth Jan 1984

Book Review. Civil Procedure In Japan By Takaaki Hattori And Dan Fenno Henderson, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

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Political Asylum In The Federal Republic Of Germany And The Republic Of France: Lessons For The United States, T. Alexander Aleinikoff Jan 1984

Political Asylum In The Federal Republic Of Germany And The Republic Of France: Lessons For The United States, T. Alexander Aleinikoff

University of Michigan Journal of Law Reform

The recent flood of asylum claims, and the concerns it engenders, are not peculiar to the United States. Western European nations have witnessed similar increases in asylum applications over the past decade, .and institutions charged with adjudicating claims have become severely overburdened. This Article will describe the experience of the Federal Republic of Germany and the Republic of France in coping with the explosion of asylum claims. A comparative analysis may provide perspective on the American situation and perhaps suggest - or rule out - proposals for change currently under consideration in the United States. To appreciate the saliency of …

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Democracy In Nigeria, 9 Black L.J. 113 (1984), Michael P. Seng Jan 1984

Democracy In Nigeria, 9 Black L.J. 113 (1984), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Book Review, Mark J. Loewenstein Jan 1984

Book Review, Mark J. Loewenstein

Publications

No abstract provided.

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The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller Jan 1984

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Publications

No abstract provided.

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Rethinking Self-Incrimination In Great Britain, Mark Berger Jan 1984

Rethinking Self-Incrimination In Great Britain, Mark Berger

Faculty Works

No abstract provided.

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