Law Commons^™

"The Best Thing For The Country", Herbert J. Miller Jr.

UC Law Journal

No abstract provided.

Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell

UC Law SF Communications and Entertainment Journal

Libraries have been presented with the perplexing problem of whether or not they should be required, or whether they are even allowed, to filter users' access (specifically children's access) to obscene and/or pornographic materials on the Internet. Such access could cause the public to accuse libraries of providing and tolerating obscenity. This note explores the potential chaos that open access to obscene and pornographic material on the internet may bring to the definition of community standards and the hoops that modem e-pornographers must jump through. The author discusses the basics of First Amendment law, analyzes the flaws in these doctrines …

Der Grobe Lauschangriff: Germany Brings Home The War On Organized Crime, James J. Killean

UC Law SF International Law Review

The Lauschangriff is legislation formed by the German government that would allow German police to perform electronic surveillance on private homes. This legislation was formed to combat increased organized crime in Germany. The proposal of the Lauschangriff has caused a fierce debate. One side argues that the Lauschangriff is the only way to control organized crime, while the other protests the trampling of civil liberties.

This Article examines the general controversy surrounding the Lauschangriff and proposes ways of improving the result reached by Germany's parliament. The Article examines the causes and effects of organized crime in Germany as well as …

Expropriation Under Mexican Law And Its Intersection Into A Global Context Under Nafta, Raymundo E. Enriquez

UC Law SF International Law Review

No abstract provided.

New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate

UC Law SF Communications and Entertainment Journal

The distribution of films, specifically independent films, over the Internet often violates the distribution rights of multiterritorially distributed films created before Internet distribution was foreseeable. This article explores the history and development of Internet-distributed entertainment, what Internet distribution means to the independent film industry, how new technology clauses have been interpreted and why Internet distribution requires a fresh construction of these clauses, as well as the role technology plays in preventing problems with Internet distribution. The author poses an equitable solution to make Internet distribution possible and lucrative for all parties under United States and international copyright laws.

Who Controls The Waters? Incorporating Environmental And Social Values In Water Resources Planning, James P. Morris

UC Law Environmental Journal

No abstract provided.

Landgate, Inc. V. California Coastal Commission: Why Temporary Takings Law Is "Screwed Up", Jon Lycett

UC Law Environmental Journal

No abstract provided.

Solitude Is Not Loneliness, Daniel B. Bernstein

UC Law Environmental Journal

No abstract provided.

The Natural Step And Its Implication For A Sustainable Future, Alex Tynberg

UC Law Environmental Journal

No abstract provided.

Republican Mothers, Bastards' Fathers And Good Victims: Discarding Citizens And Equal Protection Through The Failures Of Legal Images, Linda Kelly

UC Law Journal

In Republican Mothers, Bastards' Fathers and Good Victims: Discarding Citizens and Equal Protection Through the Failures of Legal Images, Professor Linda Kelly uncovers the influence of gender images in immigration law. While in many areas of law gender perceptions have been exposed, in immigration law legal images of gender remain unspoken and unchallenged. In the recent decision of Miller v. Albright, the Supreme Court declared that while a woman becomes a parent immediately upon the birth of her child, a man is not legally considered a parent until he assumes post-birth responsibility for his child. Miller challenged a provision of …

The Independent Counsel Act, Kenneth W. Starr

UC Law Journal

No abstract provided.

State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva

UC Law SF Communications and Entertainment Journal

Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, court reports or administrative compilations. The author reviews the …

Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton

UC Law SF Communications and Entertainment Journal

In response to a vast concern about the widespread availability of pornographic materials on the Internet, the United States legislature passed the Communications Decency Act of 1996. Just prior to this legislation, the Australian government began investigating possible regulatory schemes for online content, culminating in the Broadcasting Services Amendment of 1999, which attempted to address the presence of pornographic material on the Internet. This article discusses, compares and analyzes the American and Australian systems of content regulation on the Internet and the effect that such legislation has had on content hosts.

Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi

UC Law SF Communications and Entertainment Journal

Although Japanese courts, specifically the Japanese Supreme Court in February of 1999, have taken recent steps to curtail insider trading in Japan, the spread of the Internet and new forms of communication technologies may make enforcement of insider trading regulations much more complex. Such activities have become increasingly difficult to detect, and for instance, there are many cases in the United States illustrating the possibility of abuse of the new technologies to promote securities crimes on the Internet. This Note explores the impact of new technologies on the insider trading problem in Japan. It presents the historical problems of insider …

Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan

UC Law SF Communications and Entertainment Journal

The information industries have become the center of national growth and opportunity. In the new information economy, intellectual property financing has assumed growing importance. This article suggests that area in urgent need of restructuring is secured financing law. Article 9 and the Revised Article 9 of the Uniform Commercial Code are incapable of effectively financing intellectual property. This article provides a summary of how intellectual property financing works and why it is more efficient to utilize the federal information statute. Additionally, this article provides a detailed description on the law governing the financing of intellectual property. The author argues that …

Claim Construction Must Be Reexamined - As A Matter Of Fact, Pitney Bowes Undermines Markman, Chelsea Mcginity Bonini

UC Law SF Communications and Entertainment Journal

The question of whether claims construction in patent infringement cases should be decided by the judge or jury has been a matter of contention. This note examines the backdrop against which the United States Supreme Court deemed claim construction to be a matter of law solely for district court judges in Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. and Altheon Enterprises, Inc. The author asserts that Pitney Bowes, Inc. v. Hewlett-Packard Co., a recent Federal Circuit case, undermines the holding in Markman. The author argues that in light of the recent Pitney case, the United States Supreme Court …

Application Of The Elements Of Torture And Other Forms Of Ill-Treatment, As Defined By The European Court And Commission Of Human Rights, To The Incidents Of Domestic Violence, Ela Grdinic

UC Law SF International Law Review

Domestic violence has not traditionally been considered a type of torture. In fact, until recently, many European countries did not even have laws to protect women from domestic assault. However, the development of concepts in international law such as the individual right to petition, the positive obligations of states, the absolute character of certain rights, and the expansion of the application of state responsibility for the acts of private individuals, all provide fertile ground for the recognition of domestic violence as a human rights issue.

This Article argues that incidents of domestic violence in fact satisfy the criteria imposed by …

Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff

UC Law SF International Law Review

The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.

This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …

The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.

State Responsibility For Denial Of Substantive And Procedural Justice Under Nafta Chapter Eleven, Don Wallace Jr.

UC Law SF International Law Review

No abstract provided.

Some Observations On Chapter Eleven Of Nafta, Daniel M. Price

UC Law SF International Law Review

No abstract provided.

Awards In Pope & Talbot, Inc. V. Government Of Canada--Introduction, William S. Dodge

UC Law SF International Law Review

No abstract provided.

The Extraterritorial Application Of The Economic Espionage Act Of 1996, J. Thomas Coffin

UC Law SF International Law Review

On October 11, 1996, President Clinton signed the Economic Espionage Act of 1996 (EEA) into law. The Act was designed to protect trade secrets against theft or economic espionage. It applies to trade secrets possessed by businesses operating in the United States, whether foreign or domestic.

This Note analyzes the application of the Act beyond the territory of the United States. This Note first compares the extraterritorial applications of the statutes in two areas of federal criminal law: antitrust and securities law. In these two areas, courts have had substantial opportunities to apply statutory provisions to conduct occurring abroad, and …

First Let's Sue All The Lawyers--What Will We Get: Damages For Estate Planning Malpractice, Martin D. Begleiter

UC Law Journal

Much has been written on malpractice in estate planning, but little or nothing on the damages recoverable from the attorney in such cases. A possible reason is that many of the cases consider only the issues involved in whether a cause of action exists, such as privity and the statute of limitations. In addition, many of the cases are decided on motions for summary judgment, precluding any discussion of damages. Professor Begleiter's article attempts to fill that gap.

Following a brief review of the development and current status of the law of malpractice in estate planning, Professor Begleiter discusses the …

Watergate: What Was It?, John W. Dean Iii

UC Law Journal

No abstract provided.

Teaching Legal Ethics A Quarter Of A Century After Watergate, Ronald D. Rotunda

UC Law Journal

No abstract provided.

"Volcano Of Change", Reid Weingarten

UC Law Journal

No abstract provided.

Congress' Property Clause Power To Prohibit Taking Endangered Species, Sophie Akins

UC Law Constitutional Quarterly

In 1995, the Supreme Court in United States v. Lopez reined in Congress' commerce powers by holding that Congress may only regulate activities that substantially affect interstate commerce. Five years later, the Court in United States v. Morrison reaffirmed Lopez and held further that the Commerce Clause only supports Congress' regulation of activities that are economic in nature. This Note examines the repercussions of Lopez and Morrison on Congress' power to enact the Endangered Species Act under the Commerce Clause. Most scholars and courts seem to agree that the Endangered Species Act will fail under the Court's recent Commerce Clause …

Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Stock Market Insider Trading: Victims, Violators And Remedies–Including An Analogy To Fraud In The Sale Of A Used Car With A Generic Defect, William K.S. Wang

Faculty Scholarship

No abstract provided.