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Articles 1 - 30 of 174
Full-Text Articles in Law
The Czech Republic And Slovakia: Foreign Participation In Changing Economics, Sarah Andrus
The Czech Republic And Slovakia: Foreign Participation In Changing Economics, Sarah Andrus
UC Law SF International Law Review
The Czech Republic and Slovakia have rapidly enacted legislation in an effort to create positive investment climates. In 1992, what was then Czechoslovakia, or the Czech and Slovak Federal Republic, enacted a comprehensive Commercial Code. After the country split, the Czech Republic and Slovakia maintained the Commercial Code and since have also improved their taxation systems. This Note explores the evolution of their investment legislation since 1988 and discusses the effect that the separation of the Czech and Slovak Federal Republic has had on investment in the two countries. The Note concludes that although the economies of the Czech Republic …
Market Transfers Of Water In California, Richard W. Wahl
Market Transfers Of Water In California, Richard W. Wahl
UC Law Environmental Journal
No abstract provided.
Of Michelangelo And Roscoe Barrow, Leo P. Martinez
Of Michelangelo And Roscoe Barrow, Leo P. Martinez
UC Law SF Communications and Entertainment Journal
No abstract provided.
Joint Authorship Under The Copyright Law, Scott C. Brophy
Joint Authorship Under The Copyright Law, Scott C. Brophy
UC Law SF Communications and Entertainment Journal
After nearly a century of the concept of joint authorship existing in the common law, Congress codified that body of law, with some changes, into the Copyright Act of 1976. There remain, however to this day two important but unsettled issues of law. One, whether putative joint authors must each contribute copyrightable expression to a work in order to be given joint author status, and whether the author must merely intend to combine his own work with that of another author, or whether he must more specifically intend the legal consequences of joint authorship. This Article addresses these issues which …
The Nature Of Copyright Analysis For Computer Programs: Copyright Law Professors' Brief Amicus Curiae In Lotus V. Borland, Pamela Samuelson
The Nature Of Copyright Analysis For Computer Programs: Copyright Law Professors' Brief Amicus Curiae In Lotus V. Borland, Pamela Samuelson
UC Law SF Communications and Entertainment Journal
This brief amicus curiae was submitted by a group of copyright professors to the United States Court of Appeals for the First Circuit in Lotus Development Corporation v. Borland International, Inc.
Freedom Of Expression And The 1992 Cable Act: An Introduction, Eli M. Noam, Carolyn Cutler
Freedom Of Expression And The 1992 Cable Act: An Introduction, Eli M. Noam, Carolyn Cutler
UC Law SF Communications and Entertainment Journal
No abstract provided.
Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne
Speech, Technology, And The Emergence Of A Tricameral Media: You Can't Tell The Players Without A Scorecard, Burt Neuborne
UC Law SF Communications and Entertainment Journal
No abstract provided.
A New Deal For Speech, Cass R. Sunstein
A New Deal For Speech, Cass R. Sunstein
UC Law SF Communications and Entertainment Journal
No abstract provided.
The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson
The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury
Rate Regulation, Effective Competition, And The 1992 Cable Act, Stanley M. Besen, John R. Woodbury
UC Law SF Communications and Entertainment Journal
No abstract provided.
Fighting Telemarketing Scams, Hebe R. Smythe
Fighting Telemarketing Scams, Hebe R. Smythe
UC Law SF Communications and Entertainment Journal
Interstate telemarketing fraud has become an increasing problem in recent years. Unscrupulous telephone sellers victimize all segments of society, costing consumers tens of billions of dollars each year. Moreover, the costs of this type of fraud extend beyond consumers to credit card companies, banks, and legitimate telemarketers. Most of these con artists are never caught, however, because gaps in enforcement permit them to operate undetected and unprosecuted, and because sanctions against them are often impossible to enforce. This Note discusses the scope of the telemarketing fraud problem, analyzes the limitations of current detection, prosecution, and enforcement mechanisms, and proposes national …
Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu
Seeking Privacy In Wireless Communications: Balancing The Right Of Individual Privacy With The Need For Effective Law Enforcement, Charlene L. Lu
UC Law SF Communications and Entertainment Journal
This Note concerns the problem of privacy in wireless communications. Since wireless communications use the airwaves, the communications are susceptible to interception. This Note will discuss possible solutions to this privacy problem including two solutions proposed by the Clinton Administration: 1) The Clipper Chip, an inexpensive encryption device, which will allow law enforcement to tap into communications, and 2) proposed legislation that bans technology that the government cannot decode.
New Technology And The First Amendment: Breaking The Cycle Of Repression, Robert Corn-Revere
New Technology And The First Amendment: Breaking The Cycle Of Repression, Robert Corn-Revere
UC Law SF Communications and Entertainment Journal
No abstract provided.
Judging The East Timor Dispute: Self-Determination At The International Court Of Justice, Gerry J. Simpson
Judging The East Timor Dispute: Self-Determination At The International Court Of Justice, Gerry J. Simpson
UC Law SF International Law Review
In this Article, the author discusses the likely approach of the International Court of Justice to the issue of self-determination for East Timor in the forthcoming case between Portugal and Australia. To this end, the substantive jurisprudence of the Court will be outlined in the area of self-determination. Initially, the existence of a right to selfdetermination is established at international law (and in the work of the Court). Next the application of this principle to East Timor is considered. Third, potential qualifications on this right are discussed. Finally, an inquiry is made into the legal relationship between the people claiming …
Tropical Forests And Trade Policy: The Legality Of Unilateral Attempts To Promote Sustainable Development Under The Gatt, Brian F. Chase
Tropical Forests And Trade Policy: The Legality Of Unilateral Attempts To Promote Sustainable Development Under The Gatt, Brian F. Chase
UC Law SF International Law Review
The troubled relationship between tropical forests and trade policy underscores the broader tension that exists between freer world trade and global environmental protection. Tropical forests are disappearing at alarming rates, yet the international community seems largely unwilling or unable to act. Consequently, individual countries in recent years have shown an increasing willingness to fill this void by imposing environmentally motivated trade restrictions on tropical timber products. In this Article, the author examines the legality under GATT of these unilateral attempts, which have the twin aims of preventing tropical deforestation and promoting sustainable development. The author argues that most current unilateral …
Secured Transactions In Poland: Practicable Rules, Unworkable Monstrosities, And Pending Reforms, Lech Choroszucha
Secured Transactions In Poland: Practicable Rules, Unworkable Monstrosities, And Pending Reforms, Lech Choroszucha
UC Law SF International Law Review
In an effort to facilitate development of a free market system and attract foreign investment, Poland has embarked on a program to privatize its banking industry. Consequently, there has been considerable international interest in entering the Polish banking market. The ability to secure credits will play an important role in a foreign bank's decision of whether to launch Polish operations. Unfortunately, current Polish secured transactions laws are inadequate and do not offer the same legal protection as do laws in the West. The Polish Civil Law Reform Commission has recognized a need to reform secured transactions laws and has prepared …
Privatization In Brazil, Jose Luis De Salles Freire, Jose Emilio Nunes Pinto
Privatization In Brazil, Jose Luis De Salles Freire, Jose Emilio Nunes Pinto
UC Law SF International Law Review
No abstract provided.
Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule
Terrorism, Territorial Sovereignty, And The Forcible Apprehension Of International Criminals Abroad, Jimmy Gurule
UC Law SF International Law Review
In United States v. Alvarez-Machain, 112 S. Ct 2188 (1992), the United States Supreme Court held that the nonconsensual abduction of a Mexican citizen from Mexican territory by U.S. law enforcement officers did not violate the U.S.-Mexico extradition treaty. The Supreme Court reaffirmed the long-standing Ker-Frisbie doctrine that jurisdiction over the defendant is not impaired when the defendant is forcibly abducted abroad and is brought before the court, and upheld the Court's jurisdiction over respondent Alvarez- Machain.
The Alvarez-Machain decision has sparked a firestorm of international controversy. The opinion has been denounced by foreign governments throughout Latin America and widely …
Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew
Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew
UC Law SF International Law Review
Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …
Privatization And Performance, Mary M. Shirley
Privatization And Performance, Mary M. Shirley
UC Law SF International Law Review
No abstract provided.
Privatization Of State-Owned Enterprises In Poland, Jerzy Rajski
Privatization Of State-Owned Enterprises In Poland, Jerzy Rajski
UC Law SF International Law Review
No abstract provided.
Telecommunications Privatizations: An Overview, Thomas J. Casey, Simone Wu
Telecommunications Privatizations: An Overview, Thomas J. Casey, Simone Wu
UC Law SF International Law Review
No abstract provided.
Environmental Protection And Privatization: The Allocation Of Environmental Responsibility And Liability In Sale Transactions Of State-Owned Companies In Poland, Susan S. Cummings
Environmental Protection And Privatization: The Allocation Of Environmental Responsibility And Liability In Sale Transactions Of State-Owned Companies In Poland, Susan S. Cummings
UC Law SF International Law Review
Since 1988, Poland has made considerable progress in privatizing its state-owned enterprises. Among many problems involved in the privatization efforts are the issues of liability for environmental damages. Initially, environmental issues were not a central concern to government officials charged with privatization. But as privatization progressed and Western investors raised legitimate questions regarding allocation of environmental liabilities, the Polish government set out a mechanism for considering environmental issues. For example, the Ministry of Privatization and the Ministry of Environmental Protection created the Inter- Ministerial Environmental Unit to coordinate environmental issues in the context of capital privatization.
This Article provides the …
Charting The Future Of Historic Shipwreck Legislation In California: Application Of The English Model In The Salvage Of The Brother Jonathan, Robert Miller
UC Law SF International Law Review
Salvors and states have been locked in a battle over the salvage of historic shipwrecks. States are interested in protecting the archaeological significance of historic shipwrecks. Salvors, in contrast, are interested in finding treasure and bringing it to the surface by the most cost effective method possible. States wish to have claims to wrecks found in their waters litigated in state court. Salvors wish to be heard in the more liberal federal admiralty courts. In order to solve this problem, Congress adopted the Abandoned Shipwreck Act which vested title to abandoned wrecks in the states. However, this Act may be …
Regulation Of Intercountry Adoption: Can The Abuses Come To An End, Jorge L. Carro
Regulation Of Intercountry Adoption: Can The Abuses Come To An End, Jorge L. Carro
UC Law SF International Law Review
Because the demand for adoptable children outweighs the supply, adopting parents are increasingly exploring intercountry adoption as an alternative. Unfortunately, numerous abuses have been reported in the process. Out of frustration, as well as national pride, the sending nations have started to react against those abuses, which at times have been real, but sometimes have been just fabricated, like the rumor that foreigners buy babies to use their vital organs for transplant. Locally, restrictive legislation has been enacted, and at the regional and international level, treaties and international conventions have been adopted. This Article examines these efforts with a critical …
Claims Of Indigenous Peoples To Cultural Property In Canada, Australia, And New Zealand, Theresa Simpson
Claims Of Indigenous Peoples To Cultural Property In Canada, Australia, And New Zealand, Theresa Simpson
UC Law SF International Law Review
Numerous national laws, international treaties, and commentators recognize the cultural import of cultural property both to the world as a whole and to source nations. Those laws control trade, provide for special protection in time of war, and even restrict the alienability of certain types of property. Despite this recognition of the non-economic value of some property, existing laws may not provide actual source cultures a means to protect their interest in their own cultural heritage. This Note examines national[ and international laws affecting cultural property of indigenous groups in Australia, Canada, and New Zealand, and argues for more effective …
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
Efficiency As Equity: Insights From Comparative Law And Economics, Ugo Mattei
UC Law SF International Law Review
No abstract provided.
International Regulation Of Commercial Whaling: The Consequences Of Norway's Decision To Hunt The Minke Whale, Martha Howton
International Regulation Of Commercial Whaling: The Consequences Of Norway's Decision To Hunt The Minke Whale, Martha Howton
UC Law SF International Law Review
In 1993 Norway announced its intention to resume commercial whaling despite an international whaling moratorium in effect since 1986. This moratorium has been rendered worthless by Norway's insistence that it is within its legal rights, and by the dependence of the International Whaling Commission on the United States to enforce the Commission's decisions. As other whaling countries make plans to follow Norway's lead, it is necessary to find a way to effectively regulate whaling before it results in the extinction of the great whales. This Note explores the background of the International Whaling Commission, analyzes the whaling moratorium and Norway's …
International Human Rights Law And Sexual Orientation, James D. Wilets
International Human Rights Law And Sexual Orientation, James D. Wilets
UC Law SF International Law Review
Recently, the U.N. Human Rights Committee unanimously ruled that Tasmania had violated the International Covenant on Civil and Political Rights by criminalizing same-gender sexual activity. The Committee based its ruling on both privacy and equal protection grounds.
This Article explores the interplay between international law and domestic laws of the world's nations regarding the fundamental human rights of sexual minorities. This Article analyzes this emerging legal and political dialectic by examining the domestic laws and constitutions of specific countries and the role of international and regional human rights systems in protecting the human rights of sexual minorities.
Motion Picture Distribution, Film Splitting, And Antitrust Policy, Stanley I. Ornstein
Motion Picture Distribution, Film Splitting, And Antitrust Policy, Stanley I. Ornstein
UC Law SF Communications and Entertainment Journal
The United States Department of Justice (DOJ) launched a major program in the mid-1980s against "film splitting" agreements, whereby motion picture exhibitors in a city agree not to competitively bid for movies. The DOJ held such agreements are per se price fixing conspiracies. This Article examines film splitting and its per se status. The author examines previous explanations for film splitting by reviewing the history of movie distribution and the efficiencies of distribution practices prior to the famous Paramount decision. The author also compares alternative methods of licensing and concludes that film splitting can reduce distribution costs, increase the number …