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Full-Text Articles in Law
A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith
A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith
UC Law SF International Law Review
On August 21, 2003, Colombian President Alvaro Uribe presented a bill that would permit certain paramilitary and guerilla leaders to avoid prison for gross human rights violations. These individuals would merely have to pay a fee - as reparations to the victims and their families. This note begins by discussing the history behind the bill, and then looks at two possible alternatives: a United Nations truth commission and jurisdiction by the International Criminal Court. The author concludes by suggesting that a truth commission would be the best solution.
Human Trafficking Private Right Of Action: Civil Rights For Trafficked Persons In The United States, Kathleen Kim, Kusia Hreshchyshyn
Human Trafficking Private Right Of Action: Civil Rights For Trafficked Persons In The United States, Kathleen Kim, Kusia Hreshchyshyn
UC Law SF Journal on Gender and Justice
Human Trafficking Private Right of Action: Civil Rights for Trafficked Persons in the United States addresses a 2003 addition to the Trafficking Victims Protection Act allowing for a private right of action for persons trafficked to the United States. The article discusses civil litigation as a strategy for trafficked persons to obtain a remedy that specifically addresses the injury that they sustained: enslavement. The discussion situates this remedy within the broader purposes of anti-trafficking legislation.
Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti
Legalistic Individualism: An Alternative Analysis Of Kagan's Adversarial Legalism, Michael Dominic Meuti
UC Law SF International Law Review
An underlying ethos of American law is that an adversarial setting is a prerequisite for proper resolution of a dispute. But is that accurate? Comparative scholars have illustrated the diversity of methods available. In Adversarial Legalism, Robert Kagan considers the merits of these alternative systems. Although the book is not intended as a comprehensive agenda for reform, Kagan's message is clear: our procedures and methods for resolving disputes are a matter of choice, no matter how natural or entrenched they may appear to be. To the extent they do not serve us well, we should exercise our ability to make …
Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier
Comparative Legal Responses To Terrorism: Lessons From Europe, Jeremie J. Wattellier
UC Law SF International Law Review
After September 11, 2001, the U.S. Congress and President initiated legal changes to combat terrorism. In the late 20th century, Europe also experienced terrorist attacks on its soil and initiated legal adaptations. Europe's legal history with terrorism shows that harsh procedure-stripping rules do not stop terrorism and come at great costs in civil liberties and legal clout. More procedural safeguards would bring the U.S. legal response back in line with its traditional legal values while still providing a way to fight terrorism. This note investigates the European legal response to its terrorist attacks-measuring successes and gauging costs where possible-and evaluates …
Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann
Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann
UC Law SF International Law Review
The publication of the National Security Strategy provoked debate throughout the United States and Europe. This paper examines the Strategy from a European viewpoint; a perspective that prefers dialogue to dictate. By examining the United States' actions through the eyes of Europeans, the United States may better understand its audience, and itself.
The Rule-Outcome Paradox, Madness Cascades And The Fog Of Preemption: Seeking The Best Rule For Use Of Force, David D. Caron
The Rule-Outcome Paradox, Madness Cascades And The Fog Of Preemption: Seeking The Best Rule For Use Of Force, David D. Caron
UC Law SF International Law Review
The National Security Strategy emphasizes outcomes as opposed to process. This paper discusses the differences between those who value process and those who seek immediate answers to a dangerous situation presented before them, particularly in relation to the Bush Administration's actions in Iraq. Those who value process speak in terms of the law and look to see how actions will effect the future. Those who value outcomes will emphasize the reality of the moment. These viewpoints divide the reactions to the Bush Administration's threat prevention use of force doctrine.
The Eu Regulation On Insolvency Proceedings: The Need For A Modified Universal Approach, Jully Pae
The Eu Regulation On Insolvency Proceedings: The Need For A Modified Universal Approach, Jully Pae
UC Law SF International Law Review
The growth of cross-border insolvencies has increased with the growth of international business activity. As courts of multiple jurisdictions are implicated, conflict-of-law problems surface. This note examines different theories which purport to overcome these conflict-of-law problems. This note also proposes that a modified universalism theory, as opposed to the dominant universalism theory, is the best solution to the problems which arise from the cross-border insolvencies.
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
UC Law SF International Law Review
The International Bill of Rights declares a right to a remedy for violations of human rights. States are obliged to provide remedies for violations, both as a matter of treaty law and as part of the general rules of state responsibility. The U.N. Human Rights Commission and its Subcommission have formulated draft Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law (Principles), which outline restitution, rehabilitation, compensation and satisfaction as interlinked but distinct obligations on states. In addition, the statute of the newlycreated International Criminal Court …
The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon
The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon
UC Law SF International Law Review
American policy makers and international lawyers sit in a parallel universe. Policy makers determine whether to use force in any given situation by examining the costs and benefits. International lawyers engage in legal analysis, which rarely plays a role in the policy makers' decisions. This paper examines three different elements of American foreign policy: (1) the American foreign policy objectives, (2) the means by which those objectives are pursued, and (3) the way in which the United States should deal with a world in which the U.N. collective security system has collapsed.
Venezuela: How A Hydrocarbons Law Crippled An Oil Giant, Stacy Rentner
Venezuela: How A Hydrocarbons Law Crippled An Oil Giant, Stacy Rentner
UC Law SF International Law Review
In November 2001, Venezuelan president Hugo Chavez Frias unilaterally enacted the new Decreto con Fuerza de Ley Organica de Hidrocarburos (Hydrocarbons Law), which completely restructured the oil industry, the driving force of Venezuela's economy, for the first time in nearly 60 years. This single-handed restructuring of the country's central industry outraged Venezuelans and proved to be the final blow to Chavez's already waning popularity. In an attempt to convince Chavez to step down from the presidency, Venezuelan oil workers initiated a strike, which was accompanied by a national work stoppage in all areas of the economy. February 2003 marked the …
Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed
Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed
UC Law SF International Law Review
The switch from authoritarianism to constitutional democracy has found varying levels of success in the former Soviet republics. Belarus, under President and former collective farm manager Alexander Lukashenka, has reverted from a promising democracy back to an authoritarian regime. This note begins with the historical underpinnings of Belarus' democratic collapse, and then examines the political, social, and judicial factors that contributed. The author concludes with a discussion of how Belarus might regain its democratic footing.
Redefining The Transformative Use Of Copyrighted Works: Toward A Fair Use Standard In The Digital Environment, Jisuk Woo
UC Law SF Communications and Entertainment Journal
This paper analyzes the transformative use factor in fair use analysis of copyright law. The author argues that, in the changing information environment stimulated by digital information technology, the end user's creativity in their activities of using works of authorship should be the focus in applying the principle of transformative use rather than the subsequent creation of transformed work as found in the lower court cases after Campbell.
Play It Again, Sam: Webcasters’ Sound Recording Complement As An Unconstitutional Restraint On Free Speech, Amanda S. Reid
Play It Again, Sam: Webcasters’ Sound Recording Complement As An Unconstitutional Restraint On Free Speech, Amanda S. Reid
UC Law SF Communications and Entertainment Journal
Music embodies two copyrights: one for the words and notes, and another for the particular sound recording. Copyright law provides for a compulsory license that enables a Webcaster to transmit songs without first negotiating price and permission, provided a royalty fee is paid. A condition for being eligible for the statutory license is compliance with the "sound recording performance complement," which limits the number of songs that may be played during a three-hour period to no more than three songs from one album, and no more than two songs back to back. This Article argues that the "sound recording performance …
Are You Still Settling For Cable? A Case For Broader Application Of The Fcc’S Over-The-Air Reception Devices Rule, Lavonda N. Reed-Huff
Are You Still Settling For Cable? A Case For Broader Application Of The Fcc’S Over-The-Air Reception Devices Rule, Lavonda N. Reed-Huff
UC Law SF Communications and Entertainment Journal
Many renters in the United States have no choice when it comes to selecting a video or communications service provider for their residence, due to their inability to install satellite dishes on their rental property. Because of this lack of choice, many must rely on traditional broadcast television, cable service and traditional telephone dial-up for receiving video programming and accessing advanced technologies such as the Internet. Others simply go without service altogether. While the FCC has attempted to address this problem, the rule they have promulgated, known as the "OTARD Rule," fails to go far enough to make video and …
Founder's Remarks Commemorating The 15th Anniversary, Deborah Kochan
Founder's Remarks Commemorating The 15th Anniversary, Deborah Kochan
UC Law SF Journal on Gender and Justice
No abstract provided.
Aligning Or Maligning - Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
Aligning Or Maligning - Getting Inside A New Idea, Getting Behind No Child Left Behind And Getting Outside Of It All, Stephen A. Rosenbaum
UC Law SF Journal on Gender and Justice
The pending reauthorization of the Individuals with Disabilities Education Act (IDEA) alters the landscape of special education for parents and advocates of children with special needs. The proposed modifications are based on an effort to reduce the bureaucracy associated with the current procedural safeguards and to incorporate the concept of accountability embodied in the No Child Left Behind Act. Many advocates are waiting with apprehension for the final version of the bill due to the philosophical changes that it will bring to special education federal law. This article gives an overview of the pending legislation and urges advocates to adapt …
Post-Realism, Or The Jurisprudential Logic Of Late Capitalism: A Socio-Legal Analysis Of The Rise And Diffusion Of Law And Economics, Eric M. Fink
UC Law Journal
Law and Economics has been widely identified, by proponents and critics alike, as the most influential movement within legal scholarship over the past two decades or more. The emergence and growth of the Law and Economics movement coincides with a set of economic, political, and cultural developments representing a fundamental transformation of social relations on a global scale. The trends that others have identified as driving the rise of Law and Economics are encompassed within this broader transformation. Previous accounts, however, do not fully locate the movement within that historical-sociological context. Nor have they gone very far in tracing the …
When Congress Gives You Lemons: Alternatives To Legal Services Corporation Funding In The Quest To Provide Access To Justice, David Pai
UC Law Journal of Race and Economic Justice
Since 1996, Congress has imposed substantial restrictions on lawyers funded by the Legal Services Corporation (LSC). These restrictions include banning LSC-funded attorneys from filing class action lawsuits, prohibiting them from claiming any statutory right to attorneys' fees, and barring them from bringing any challenges to an agency's rule-making authority. Congress has also slashed the LSC budget by a third. However, alternative funding strategies do exist for states and public interest firms seeking to fill gaps gouged by the LSC restrictions. By focusing on these piecemeal changes in fundraising, legal aid attorneys inevitably empower themselves to move away from the inefficiencies …
A High Stakes Mistake: Ignoring The Iep Team's Recommendations In Implementing California's High School Exit Exams, A. Angelique Aitken
A High Stakes Mistake: Ignoring The Iep Team's Recommendations In Implementing California's High School Exit Exams, A. Angelique Aitken
UC Law Journal of Race and Economic Justice
Although federal and California law guarantee each elementary and secondary student a "free and appropriate education," California has decided to implement high stakes exit exams that arguably deny students this right. The Individualized Education Plan team members are guardians of a child's free and appropriate education and best understand the disabled student's academic abilities and achievements. By deferring to the Individualized Education Plan team, students with learning disabilities would have equal access to learning, equal opportunity to demonstrate their knowledge, and equal privileges that accompany a high school graduation.
Facts And Fantasies About Uc Berkeley Admissions: A Critical Evaluation Of Regent John Moores' Reports, Asian Law Caucus
Facts And Fantasies About Uc Berkeley Admissions: A Critical Evaluation Of Regent John Moores' Reports, Asian Law Caucus
UC Law Journal of Race and Economic Justice
UC Regent John Moores recently authored a confidential draft report that purports to analyze admissions at the University of California's flagship Berkeley campus. The Moores Report is largely focused on SAT scores, particularly the admission of some applicants with SAT scores below 1000. Unfortunately, the Moores Report contributed to widespread misconceptions about comprehensive review at Berkeley, particularly regarding the admission of a small number of students with relatively low SAT scores. In reality, the data show that students admitted with relatively low SAT scores can be highly qualified for admission to Berkeley and that Berkeley admits virtually all in-state applicants …
But I Thought He Had A Gun - Race And Police Use Of A Deadly Force, Cynthia Lee
But I Thought He Had A Gun - Race And Police Use Of A Deadly Force, Cynthia Lee
UC Law Journal of Race and Economic Justice
While widespread consensus exists that racial minorities are disproportionately represented as victims of police shootings, the reason for this disproportion is hotly disputed. This paper argues that in claimed self-defense cases, race norms or racial stereotypes often operate at a subconscious level to alter police officers' perceptions of threat and corresponding decisions to use deadly force. Nevertheless, society can help encourage police officers to overcome the inevitable influence of racial stereotypes on their decisions to use deadly force in the field. Internally, police departments can work on at least three fronts to control the use of force: recruitment, training, and …
Introduction: Brief Of Amici Curiae, William S. Dodge
Introduction: Brief Of Amici Curiae, William S. Dodge
UC Law SF International Law Review
No abstract provided.
Can The Right Of Publicity Afford Free Speech - A New Right Of Publicity Test For First Amendment Cases, Jason K. Levine
Can The Right Of Publicity Afford Free Speech - A New Right Of Publicity Test For First Amendment Cases, Jason K. Levine
UC Law SF Communications and Entertainment Journal
The right of publicity finds itself increasingly threatened by the First Amendment. Recent decisions at both the state and federal levels have served to highlight the confusion and lack of uniformity. For example, the Ninth Circuit recently held that an artist could not sell T-shirts with a charcoal drawing of the Three Stooges without permission, yet shortly thereafter the Sixth Circuit rejected Tiger Woods' attempt to prevent an artist from selling a painting of him winning a golf tournament, on essentially the same grounds. The author argues that the right of publicity and the First Amendment can co-exist, but that …
The Criminalization Of Survival Attempts: Locking Up Female Runaways And Other Status Offenders, Alecia Humphrey
The Criminalization Of Survival Attempts: Locking Up Female Runaways And Other Status Offenders, Alecia Humphrey
UC Law SF Journal on Gender and Justice
To control and help runaway children, courts have classified them as "status offenders" without getting to the real source of their runaway behavior, such as physical or sexual abuse at home. Instead, confining runaway children to the judicial system through the use of status offenses has further entrenched these runaways' behavior without helping them develop more effective copings skills; children often run away again, commit substantive crimes, once again become victims, or else are institutionalized or incarcerated on down the road. Indeed, girls are especially prone to this cycle, since their numbers are disproportionately higher than those of boys in …
Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown
Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown
UC Law SF International Law Review
One of the leading justifications for the 2003 U.S.-led invasion of Iraq and removal of the Ba'ath Party from power was that Iraq had developed chemical and biological weapons, and was rapidly developing nuclear capability. The author's previous article, "Enforcing Arms Control Agreements by Military Force: Iraq and the 800-Pound Gorilla," argued that the invasion was lawful, even without Security Council authorization, by taking a new, injury-remedy approach to war theory. With no weapons of mass destruction yet found in Iraq, new justifications must be found to legitimate the invasion. The author revisits the injury-remedy approach, incorporating good and bad …
The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp
The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp
UC Law SF International Law Review
"Affirmative Action" in the United States, "Positive Action" in Europe. Although Europeans and Americans have both enacted laws to prevent discrimination based on gender, the differences have been in more than just name. In this introduction to "positive action" law, the authors provide an overview of the European Court of Justice, the European Free Trade Association Court, and how disputes over positive action are resolved in Europe. The authors then conclude with a discussion of a representative positive action case.
Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp
Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp
UC Law SF International Law Review
In a time when race-based affirmative action is the focal discrimination issue in the United States, the subject of gender equality runs the risk of stagnation. The authors return the attention to sex-based affirmative action by examining the arguments for and against European positive action plans, and several of the resulting European Court of Justice cases. The authors conclude with a comparison to similar gender-based discrimination laws in the United States, and a discussion of the similarities and differences of the two systems.
De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto
De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto
UC Law SF International Law Review
In an ever-more interconnected world, it becomes increasingly important for a business to protect its trademark on a global scale. Japanese Trademark law Article 4(1)(xix), combined with other provisions, has proven to be generally effective in defending the rights of foreign trademark owners. On the other hand, U.S. law regarding the protection of foreign trademarks has remained surprisingly and disappointingly static. The author proposes that Person's v. Christman be overruled and that a provision identical or similar to Japanese Trademark Law Article 4(1)(xix) be adopted.
Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector
Trade Treaty Threats And Sub-National Sovereignty: Multilateral Trade Treaties And Their Negligible Impact On State Laws, David I. Spector
UC Law SF International Law Review
Advocates of free trade extol the virtues of trade without borders, while opponents decry its abysmal consequences. While debates about the benefits and detriments of free trade seem never-ending, there has been comparatively little discussion of the actual impact of international trade obligations on sub-national components of federal governments. Although the relationship between America's trade treaties and the policies of state governments has become a more visible issue in international trade, relatively little is known about how these international trade obligations really shape state law-making among the fifty U.S. states. This Note examines how international trade treaties have actually impacted …
Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century
Introduction 21st Annual Scholarly Programs: The Future Of Force: Waging War In The 21st Century
UC Law SF International Law Review
This year's 21st Annual Scholarly Programs featured two events that brought leaders in the field together to discuss the legal bases for waging war in the 21st Century. The first event, the Scholars Forum, featured Professor Thomas M. Franck, who discussed his paper, Preemption, Prevention and Anticipatory Self-Defense: New Law Regarding Recourse to Force? Professor Diane Marie Amann, Professor David D. Caron, Professor Joel R. Paul and Judge Abraham D. Sofaer responded to Professor Franck's paper and offered their own perspectives. Professor Naomi Roht-Arriaza served as the mediator. The second event, the Rudolph B. Schlesinger Memorial Lecture, featured Michael J. …