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Articles 1 - 30 of 154
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.
Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett
Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett
Faculty Scholarship
No abstract provided.
Dividing The Waters: The California Experience, Brian E. Gray
Dividing The Waters: The California Experience, Brian E. Gray
Faculty Scholarship
No abstract provided.
Introduction And Congratulations, Mary Kay Kane
Introduction And Congratulations, Mary Kay Kane
Faculty Scholarship
No abstract provided.
An Offer You Can't Revoke, Charles L. Knapp
The Trouble With Taxes: Fairness, Tax Policy, And The Constitution, Leo P. Martinez
The Trouble With Taxes: Fairness, Tax Policy, And The Constitution, Leo P. Martinez
Faculty Scholarship
No abstract provided.
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez
Faculty Scholarship
No abstract provided.
The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey
The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Elites, Identity Politics, Guns, And The Manufacture Of Legal Rights, Calvin R. Massey
Elites, Identity Politics, Guns, And The Manufacture Of Legal Rights, Calvin R. Massey
Faculty Scholarship
No abstract provided.
The Bush Doctrine: Making Or Breaking Customary International Law?, Joel R. Paul
The Bush Doctrine: Making Or Breaking Customary International Law?, Joel R. Paul
Faculty Scholarship
No abstract provided.
Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza
Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams
Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams
Faculty Scholarship
No abstract provided.
The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin
The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin
Faculty Scholarship
No abstract provided.
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.
Is Capitalism Un-American - An Analysis Of Corporate Inversions And Expatriation Proposals In Response, Eric Tak Han
Is Capitalism Un-American - An Analysis Of Corporate Inversions And Expatriation Proposals In Response, Eric Tak Han
UC Law SF International Law Review
Reincorporating companies have been called "Benedict Arnold corporations" by many U.S. politicians. However, reincorporation (corporate inversion) reduces a corporation's costs, and therefore, maximizes its profits. This note discusses the tax benefits corporations receive if they reincorporate outside of the United States, and suggests that this reincorporation does not cause a loss of jobs; rather, the decision not to reincorporate may lead to a loss of jobs in the United States, because these domestic corporations cannot compete on the global market. This note looks at the U.S. tax system by comparing two corporations, Tyco International Inc., a company that did reincorporate, …
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.
Forum Selection For International Dispute Resolution In China - Chinese Courts Vs. Cietac, William Heye
Forum Selection For International Dispute Resolution In China - Chinese Courts Vs. Cietac, William Heye
UC Law SF International Law Review
The large volume of foreign-invested entities in China has created a need for reliable dispute resolution. Chinese law does not allow for foreign courts or foreign arbitration; as a result, foreign-invested entities must chose between the Chinese courts and the Chinese International Economic Arbitration Commission. However, many foreign parties are skeptical of the Chinese courts, and have chosen arbitration. This note suggests that not only may a satisfactory outcome for a foreign party be possible in the Chinese courts, but that the Chinese courts may be a better option for foreign-invested entities seeking to prevail in a suit against a …
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 …