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Articles 1 - 30 of 104
Full-Text Articles in Law
Aids Quarantine In England And The United States, Ronald Elseberry
Aids Quarantine In England And The United States, Ronald Elseberry
UC Law SF International Law Review
Acquired immune deficiency syndrome (AIDS) has become a world health crisis. As the AIDS menace continues to grow and popular fears of AIDS mount, national governments worldwide are struggling to create legislative programs to stop the spread of the disease. This Note focuses upon the suggested solution of quarantining AIDS patients and carriers. The author first examines the checkered history of quarantine as a public health solution. Then the author compares and contrasts existing English and American laws which might be applied to quarantine AIDS patients and carriers. The emphasis is on the relative efficiency of such measures and the …
The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir
The Dole Bill: Freeing The Telephone Company Seven, James P. Denvir
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission Policy Act of 1986 (Dole Bill) offers a possible end to the dual federal regulation of the United States telecommunications industry, and could have a marked effect on the industry structure developed from the divestiture of the seven former Regional Bell Operating Companies (RBOCs) from AT&T in 1982. Currently, the telecommunications industry is subject to overlapping regulation by the FCC and the United States District Court for the District of Columbia. The Dole Bill proposes consolidation of jurisdiction in the FCC. The Department of Justice, which is responsible for a tri-annual review of the continuing need …
Forum And Substance: Introduction To The Symposium, Louis B. Schwartz
Forum And Substance: Introduction To The Symposium, Louis B. Schwartz
UC Law SF Communications and Entertainment Journal
For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive …
The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington
The Case For Continued Judicial Enforcement Of The At&(And)T Decree, John R. Worthington
UC Law SF Communications and Entertainment Journal
In 1982, the United States District Court for the District of Columbia rendered its decision in United States v. AT&T, ordering the divestiture of AT&T as delineated in the Modified Final Judgment (MFJ) appended thereto. The divested Regional Bell Operating Companies are now seeking legislation which would effectively place enforcement of the MFJ into the hands of the Federal Communications Commission. The author examines the need for line-of-business restrictions, the constitutionality of the proposed transfer legislation, and the dangers to competition if such legislation is enacted. The author argues that enforcement of the line-of-business restrictions is necessary to promote fair …
The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller
The Relationship Between Motion Picture Distribution And Exhibition: An Analysis Of The Effects Of Anti-Blind Bidding Legislation, Suzanne Ilene Schiller
UC Law SF Communications and Entertainment Journal
The struggle between motion picture exhibitors and distributors has resulted in continually changing business practices within the film industry. In particular, state anti-blind bidding statutes have changed the way film distribution is handled in the United States. The author traces the history of film licensing and concludes that anti-blind bidding legislation was unwarranted and has damaged the smaller, independent exhibitors and distributors.
The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter
The Modification Of Final Judgment: An Exercise In Judicial Overkill, Robert B. Mckenna, Ronald L. Slyter
UC Law SF Communications and Entertainment Journal
On January 1, 1984, AT&T was divested of its exchange telecommunications operations which were then divided among seven Regional Bell Operating Companies (RBOCs). The authors contend that the divestiture of AT&T and the Modification of Final Judgment (MFJ) appended thereto have created an anticompetitive marketplace through the imposition of line-of-business restrictions which in effect prevent the RBOCs from competing with AT&T. Moreover, the MFJ disregarded contemporaneous pro-competitive regulatory developments propagated by the Federal Communications Commission (FCC) which undercut the factual premises underpinning the line-of-business restrictions. The authors argue that the MFJ vests in the Department of Justice and the United …
Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger
Copyright Protection Of Object Code Computer Programs: Can Courts Determine Copying, Deborah Ledsinger
UC Law SF Communications and Entertainment Journal
In Apple Computer Co. v. Franklin Computer, Inc., 714 F.2d 1240 (3d Cir. 1983), the United States Court of Appeals held that computer programs expressed in object code are copyrightable. Given the indecipherable nature of object code, courts are now faced with the difficult problem of determining when such copying has occurred. The author analyzes one trial court's approach to this problem found in SAS Institute, Inc. v. S&H Computer Systems, 605 F. Supp. 816 (M.D. Tenn. 1985). The author criticizes the court's method, arguing that its approach relies too heavily on competing expert testimony, and may extend to copyright …
The Changing Nature Of Communications Law Practice, Stuart N. Brotman
The Changing Nature Of Communications Law Practice, Stuart N. Brotman
UC Law SF Communications and Entertainment Journal
This article discusses the evolution of communications law practice over the past fifty years. The initial phase of communications law practice emphasized the lawyer's skill in administrative adjudications. In the second phase, the practitioner's focus shifted to the quasi-legislative activities found in the informal rulemaking process. Appellate litigation initiated by public-interest advocates during the 1960s marked another significant shift of focus from the Federal Communications Commission to the courts. Finally, the present and future course of communications deregulation represents yet another dramatic change in practice, emphasizing business negotiation skills as well as traditional modes of advocacy. The author chronicles these …
Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel
Editorial Freedom: Editors, Retailers, And Access To The Mass Media, Mark S. Nadel
UC Law SF Communications and Entertainment Journal
When confronted with regulations which permit others to have access to their media, cable television system owners, among others, have challenged such rules as abridging their first amendment right to editorial freedom. The author analyzes this defense by examining exactly what editorial freedom is, and why it is protected. He argues that editorial freedom is best understood as the right of consumers to receive information effectively, and thus to employ editors to provide so called editorial functions. After noting that these services are analogous to those generally provided by retailers, the author discusses the editorial functions performed by cable operators. …
Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller
Black And White And Brilliant: Protecting Black-And-White Films From Color-Recoding, Suzanne Ilene Schiller
UC Law SF Communications and Entertainment Journal
Until the 1940s, motion pictures were almost always received, filmed, and shown in black-and-white. Recently, several companies have begun to mechanically add color to these old and often classic films. This process, known as colorization or color-recoding, has motion picture artists enraged. These filmmakers believe that no one should have the right to alter a completed work of art. The author reviews the background of this controversy, surveys several possible legal causes of action which filmmakers may use to protect their black-and-white films, and concludes that directors and other film artists are not powerless and can successfully use existing laws …
Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit
Moral Rights And Section 43(A) Of The Lanham Act: Oasis Or Illusion, Larry E. Verbit
UC Law SF Communications and Entertainment Journal
The European doctrine of droit moral, known as moral rights in the United States, has not, per se, been integrated into the American legal system. The author examines the development of the law of unfair competition as a remedy for artists seeking to protect the moral rights of paternity and integrity. The author asserts that section 43(a) of the Trademark Act of 1946 (Lanham Act) has been interpreted by courts as an effective remedy for artists' paternity interests. However, regardless of the holding in Gilliam v. American Broadcasting Companies, the author finds section 43(a) as unreliable to provide redress for …
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
When Courts Come Knocking At The Cult's Door: Religious Cults And The First Amendment, Craig Andrews Parton
UC Law SF Communications and Entertainment Journal
The author argues that recent exploits of religious "cults" have made them subject to a variety of legal attacks, ranging from criminal and civil actions to remedies stemming from constitutional violations. While acknowledging cult abuses and even documenting research concerning reprehensible cult activities, the author nevertheless emphasizes the need for first amendment protection for those involved in aberrant religious practices. The author argues that religious proselytizing is protected activity, and abuses may be adequately remedied under traditional tort and criminal law. After surveying various remedies already implemented or suggested by anti-cult forces, the author examines a proposal that proselytizers be …
Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek
Nonbroadcast Video - Programming And Distribution: A Comprehensive Bibliography Of Law-Related Periodical Articles, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus
Rock Is A Four-Letter Word: The Potential For Fcc Regulation Of (Un)Popular Music, Alan Jay Lazarus
UC Law SF Communications and Entertainment Journal
Citizens groups and both federal and state governments have recently expressed concern over the offensive content of some modern popular music. The author examines the potential for suppression of broadcast popular music by the Federal Communications Commission. The author concludes that, by virtue of the Communications Act of 1934, the Supreme Court's decision in FCC v. Paciica Foundation, 438 U.S. 726 (1978) and the federal judiciary's general failure to rigorously scrutinize FCC content regulatory initiatives, the FCC enjoys a degree of power over the content of broadcasting that is abhorrent to the first amendment. The author opines that regulation of …
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
False Light Invasion Of Privacy: Untangling The Web Of Uncertainty, Ruth Walden, Emile Netzhammer
UC Law SF Communications and Entertainment Journal
In Time, Inc. v. Hill, 1967, the U.S. Supreme Court held that proof of actual malice was required for a plaintiff to prevail in a false light invasion of privacy suit resulting from publication of a matter of public interest. Seven years later in Gertz v. Robert Welch, Inc., the Court repudiated the matter-of-public interest standard in defamation actions in favor of a standard focusing on the status ofthe plaintiff. Courts and commentators began speculating on whether the Court in Gertz had, in effect, overturned Hill sub silentio. Analysis of more than forty false light opinions handed down since Gertz …
Japanese Companies On United States Soil: Treaty Privileges Vs. Title Vii Restraints, Matthew Orebic
Japanese Companies On United States Soil: Treaty Privileges Vs. Title Vii Restraints, Matthew Orebic
UC Law SF International Law Review
In a treaty entered into before domestic civil rights legislation was enacted, the United States granted Japanese companies doing business in the United States an unconditional right to hire upper-level management of their choice. Because many Japanese companies choose only to hire Japanese citizens for their upper-level management positions, a conflict exists between the rights granted under the treaty and the mandates of Title VII of the Civil Rights Act. This Note examines this conflict and the attempts made by the Second and Fifth Circuits and the United States Supreme Court to reconcile treaty rights and ostensible Title VII violations.
Acquiring And Utilizing Political Risk Insurance: A Practitioner's Perspective, Peter R. Gilbert
Acquiring And Utilizing Political Risk Insurance: A Practitioner's Perspective, Peter R. Gilbert
UC Law SF International Law Review
No abstract provided.
Protecting Against Incovertibility And Transfer Risk: An Outline Of Trade Financing Programs Of The Export-Import Bank Of The United States, Karen Hudes
UC Law SF International Law Review
No abstract provided.
The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz
The Choice Of Applicable Law In International Arbitration, Vitek Danilowicz
UC Law SF International Law Review
International commercial arbitration has become increasingly popular in recent years in large part because it offers quicker and more convenient dispute resolution than litigation in a foreign nation. Nonetheless, arbitration, like litigation, presents knotty choice of law problems. This Article examines a variety of approaches currently used by arbitrators to select the law which will govern arbitration procedure. The competing interests of the international business community and the various sovereign nations seeking to control international arbitration are discussed.
The High Utility Of Fcia Insurance To Banks In Financing Trade, Robert Chapman
The High Utility Of Fcia Insurance To Banks In Financing Trade, Robert Chapman
UC Law SF International Law Review
No abstract provided.
Outline Of Settling Claims: The Iranian Experience, Haig J. Shalvarjian, Harlan M. Richter
Outline Of Settling Claims: The Iranian Experience, Haig J. Shalvarjian, Harlan M. Richter
UC Law SF International Law Review
No abstract provided.
China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas
China Special Economic Zones In Perspective: A Contextual Discussion With Emphasis On The Shekou Industrial Zone, Charles C. Valauskas
UC Law SF International Law Review
This Article analyzes the unique role of Special Economic Zones in modem China. The author first discusses the historical background of the zone concept, and the creation of the zones. Next, the author focuses on the Shekou Industrial Zone to demonstrate the practical problems which face foreign corporations wishing to conduct business within a Special Economic zone. Particular emphasis is placed upon the unpredictability of the Chinese legal system, especially the vague and ambiguous statutes which regulate zone activities.
Using Political/Credit Risk Insurance To Maximize Financing Opportunities, Susan Mashkes
Using Political/Credit Risk Insurance To Maximize Financing Opportunities, Susan Mashkes
UC Law SF International Law Review
No abstract provided.
Professor William J. Riegger--A Man Who Had A Gift With People, James R. Mccall
Professor William J. Riegger--A Man Who Had A Gift With People, James R. Mccall
UC Law SF International Law Review
No abstract provided.
Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane
Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane
UC Law SF International Law Review
The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.
Expert Opinion And Reform In Anglo-American, Continental, And Israeli Adjudication, Neil Netanel Weinstock
Expert Opinion And Reform In Anglo-American, Continental, And Israeli Adjudication, Neil Netanel Weinstock
UC Law SF International Law Review
The factual framework of modem litigation has become increasingly technical and complex; this development poses new challenges for traditional fact-finders. More and more, expert witnesses are being used to assist judges and juries in the factfinding process. This Article examines the role of the expert witness in the common-law and civil-law judicial systems, emphasizing the manner in which the divergent systems have responded to the need for reform in this area. The author then examines the role of the expert in the hybrid Israeli judicial system, which is rooted in both the civil-law and common-law traditions. Finally, the author demonstrates …
Aviation Deaths On The Seas: The Flight Into Maritime Law, Moris Davidovitz
Aviation Deaths On The Seas: The Flight Into Maritime Law, Moris Davidovitz
UC Law SF International Law Review
The awkward and unsatisfactory application of maritime principles to aviation issues has created many problems for practitioners. A particular area of difficulty is the assessment of the rights and liabilities arising from aviation deaths on the seas. This Article sets forth a method of analysis to assist the practitioner in evaluating and litigating a wrongful death claim in light of the various remedies available. Specifically, the Article examines whether United States or foreign law should apply to a particular claim, which body of law should apply to a claim in a particular jurisdiction, and various substantive and procedural advantages and …
Enforcement Of United States Default Judgments In Spain, The, Orlando A. Gonzalez-Arias
Enforcement Of United States Default Judgments In Spain, The, Orlando A. Gonzalez-Arias
UC Law SF International Law Review
No abstract provided.
Finders Keepers--The Titanic And The 1982 Law Of The Sea Convention, Cynthia Furrer Newton
Finders Keepers--The Titanic And The 1982 Law Of The Sea Convention, Cynthia Furrer Newton
UC Law SF International Law Review
The recent discovery of the Titanic some 500 miles off the coast of Canada has given rise to the question of who now "owns" the sunken vessel. This Note discusses the possible ownership rights to the Titanic within the framework of current international law. First, the author examines the customary international law of salvage and of finds, and identifies the inherent conflicts between the two doctrines. The author then discusses the effect of the 1982 Law of the Sea Convention, paying particular attention to its novel provisions regarding Objects of an Historical and Archeological Nature (OHANs). The author attempts to …
Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen
Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen
UC Law SF Communications and Entertainment Journal
What restrictions confront entertainment attorneys who become so involved in the affairs of their clients that they either inadvertently or purposely cross the line between personal representation and the functions of a talent agent or personal manager? Artists need protection in the marketplace. Attorneys want to provide such protection but, given current industry practices, they are at a disadvantage to do so. The author explores-the existing statutory, artists' union, and professional responsibility restraints and determines that the time may have come to change the rules. In conclusion, the author suggests alternative measures to alleviate the problem.