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Articles 1 - 30 of 121
Full-Text Articles in Law
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Preassignments Of Creators' Rights: An Adhesion Analysis, Paul Geller
Preassignments Of Creators' Rights: An Adhesion Analysis, Paul Geller
UC Law SF Communications and Entertainment Journal
No abstract provided.
An Reynolds V. Nfl: An Unsettling Requiem For The Rozelle Rule, Roderick M. Thompson
An Reynolds V. Nfl: An Unsettling Requiem For The Rozelle Rule, Roderick M. Thompson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham
Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham
UC Law SF International Law Review
In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.
Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman
Japanese Taxation Of The Foreign Income Of Japanese Corporations, Rosser H. Brockman
UC Law SF International Law Review
This article describes in general terms the Japanese domestic tax treatment of the foreign income of Japanese corporations. This topic has become of increasing importance to American attorneys, businessmen and legal scholars as international trade and investment between Japan and the United States have grown. The author discusses the source rules, taxation of undistributed profits of designated tax haven subsidiaries, the foreign tax credit and domestic provisions affecting foreign income. The article concludes with an evaluation of the neutrality of the Japanese taxation of the foreign income of Japanese corporations.
The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman
The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman
UC Law SF International Law Review
The authors discuss alleged Japanese trade secret violations in the semiconductor industry and various protective mechanisms available to United States industry on domestic and international levels. They propose a possible remedy, for the violations alleged, within a general framework of protections against unfair trade practices.
Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui
Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui
UC Law SF International Law Review
This note contains, for the practitioner's use, an index of most bilateral treaties between the United States and Japan. This index is intended to aid attorneys in the complex area of treaty law between the United States and Japan.
Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley
Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley
UC Law SF International Law Review
If a Japanese computer manufacturer induces a California competitor's former employee to disclose trade secrets in violation of a postemployment agreement, then a California corporation has substantive and jurisdictional grounds on which to build a case not only against the ex-employee but also against the Japanese manufacturer. Particularly involved on the issue of jurisdiction over the alien defendant is a 1977 New Hampshire District Court case that parallels this situation, Centronics Data Computer Corporation v. Mannesmann.
The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon
The Third World And The Protection Of National Patrimony: Oil, Art And Orchids, Michael W. Gordon
UC Law SF International Law Review
The author analyzes various means of protecting national patrimony, concentrating on three general subject areas of concern: a nation's natural resources, its cultural heritage, and its fauna and flora. The author discusses the interrelatedness of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illict Import, Export and Transfer of Ownership of Cultural Property, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the 1974 United Nations General Assembly Charter of Economic Rights and Duties of States, viewing these multilateral pronouncements as part of a broad Third World response to the …
The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock
The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock
UC Law SF International Law Review
A.post-transaction change of domicile by one of the parties to a law suit raises important questions which the court must answer in determining what law to apply to the transaction. The author examines and analyzes policy considerations in two types of cases: those in which the application of the law of the new domicile would favor the changing party and those in which it would work to his or her disadvantage.
The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard
The Structure Of Tribunals And The Appointment Of Their Members In Great Britain, Charles D. Ablard
UC Law SF International Law Review
The British tribunal system is viewed as an independent extension of the court system with adjudicative powers over a broad range of government activities. The author examines the structure and composition of British tribunals, discusses the role of lawyers and laymen within the tribunal system, and draws comparisons to administrative law bodies in the United States.
Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay
Human Rights In The Wake Of The Helsinki Accords, Arthur J. Goldberg, James S. Fay
UC Law SF International Law Review
Since the ratification in Helsinki in 1975 of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Soviet bloc nations have resisted effective implementation of many agreed upon provisions of the Act, particularly those dealing with Human Rights. In the process of outlining the flaws in the Soviet position, the authors suggest specific steps to guide Western negotiators at the 1980 CSCE meeting in Madrid.
The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer
The Influence Of Roman Law On Early Medieval Culture, Edgar Bodenheimer
UC Law SF International Law Review
The Roman law which had a significant impact on the early Middle Ages was not the law which was in force during the decline of Rome's civilization. The author discusses why the Vulgar law was well suited for early medieval culture and why the classical Roman law was only revived toward the end of the Middle Ages.
Restraints On Executive Emergency Power In The United States And Canada, James S. Fay
Restraints On Executive Emergency Power In The United States And Canada, James S. Fay
UC Law SF International Law Review
The United States and Canada grant extensive emergency powers to their Chief Executives in time of crisis. Limited restrictions by the courts and particularly by the legislatures on the invocation and use of such powers may pose a long term threat to democratic institutions in both nations.
The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas
The Argentine Transfer Of Technology Law: An Analysis And Commentary, Guillermo Cabanellas
UC Law SF International Law Review
The author guides investors and their attorneys through the complexities of the 1977 Argentine Transfer of Technology Law. The law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American countries.
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
UC Law SF International Law Review
No abstract provided.
Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang
Foreign Sovereign Immunities Act: Ownership Of Soviet Foreign Trade Organizations, James Stang
UC Law SF International Law Review
No abstract provided.
Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis
Carriage Of Goods By Sea: Should The United States Ratify The Hambug Rules, Michael C. Davis
UC Law SF International Law Review
On March 31, 1978, the United Nations Conference on the Carriage of Goods by Sea adopted the Hamburg Rules to replace the Hague Rules of 1924 as the guiding instrument on international carriage of goods by sea. The new rules embody several changes in the liability for cargo damaged or lost in transit by sea. This Note focuses on the two most important substantive changes: The elimination of the so-called "catalogue of exemptions," and the change in the maximum liability limitation.
Legal Homophobia And The Christian Church, Ellen M. Barrett
Legal Homophobia And The Christian Church, Ellen M. Barrett
UC Law Journal
This Article analyzes some of the religious roots of legal homophobia in England and on the Continent, notes the interrelationship of religious and secular prohibitions against homosexual activity, and concludes that we will see continued Church involvement in laws concerning homosexual behavior.
Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera
Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera
UC Law Journal
This. survey of the homosexual person's status in American society reveals judicial attitudes towards homosexual individuals through examining cases dealing with most aspects of modem society, from equal employment and family-related issues to the criminalization of homosexual behavior.
Sexual Autonomy And The Constitutional Right To Privacy: A Case Study In Human Rights And The Unwritten Constitution, David A. J. Richards
Sexual Autonomy And The Constitutional Right To Privacy: A Case Study In Human Rights And The Unwritten Constitution, David A. J. Richards
UC Law Journal
The author examines the jurisprudential foundations of the constitutional right of privacy to explain how the idea of human rights justifies the application of such a right of privacy to consenting adult homosexual acts.
European Perspectives: A Foreword, Detlev F. Vagts
European Perspectives: A Foreword, Detlev F. Vagts
UC Law Journal
In his foreword to the European section of the symposium Professor Vagts takes exception to Professor Roth's proposal to vest corporate management in independent trustees. The Article concludes that independent trustees would not adequately represent the interests of the corporation's shareholders and suggests that control is better left within the internal managerial structure of the corporation.
The Evolving Role Of The Director In Corporate Governance, Marshall L. Small
The Evolving Role Of The Director In Corporate Governance, Marshall L. Small
UC Law Journal
This Article addresses the changing role of the corporate director, focusing on the structure, composition, and responsibilities of boards of directors. Three noteworthy trends are examined: the increasing acceptance of the need for nonmanagement directors, the widespread use of board committees as a means of effective decisionmaking, and the increased attention to the due diligence requirement for individual directors. The author contends that these modern trends, while responding to contemporary concerns with corporate accountability, pose at least two fundamental questions. First, for whom should the director-particularly the nonmanagement director-act: the shareholders or society at large? Second, what responsibilities can we …
Evaluating Vertical Mergers Under Section 7 Of The Clayton Act, Lawrence P. Postol
Evaluating Vertical Mergers Under Section 7 Of The Clayton Act, Lawrence P. Postol
UC Law Journal
Analyzing mergers between firms in a customer-supplier relationship under section 7 of the Clayton Act requires identification of anticompetitive effects pertinent to that relationship. This Article examines the chief analytical tools which the courts have developed in this area, providing needed clarification in a complex field and highlighting areas of continuing uncertainty.
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
UC Law Journal
Compulsory licensing is a system by which the copyright owners of most music are required to license their music to others for recording purposes. Under present and prior law, the royalty rate to be paid under compulsory licenses is specified by statute. Although the parties to a license are free to negotiate both the terms and royalty rates of the license, the terms are in fact dictated by the recording industry and the statutory royalty rate is never exceeded. The author analyzes the events that have created this situation and recommends that the statutory royalty rate be greatly increased so …
Mcconnell V. Merrill Lynch, Pierce, Fenner & Smith, Inc.: New Tests For Variable-Interest Loans, Vincent Keith Schubert
Mcconnell V. Merrill Lynch, Pierce, Fenner & Smith, Inc.: New Tests For Variable-Interest Loans, Vincent Keith Schubert
UC Law Journal
In a recent case the California Supreme Court had occasion to consider the effect of the California usury law in the control of a variable interest rate loan involving a non-exempt lender. The failure of the court to properly analyze the question of intent has led to the creation of a new exception to the traditional presumption of intent in usury cases. Dictum in McConnell has potentially increased the plaintiff-borrower's difficulty in proving his case and has created a possibility that the constitutional protection afforded by the usury law has been significantly reduced.
The Choice Between Adjudicating And Rulemaking For Formulating And Implementing Energy Policy, Richard J. Pierce Jr.
The Choice Between Adjudicating And Rulemaking For Formulating And Implementing Energy Policy, Richard J. Pierce Jr.
UC Law Journal
As the magnitude of the energy problem confronting the United States has increased over the last decade, federal regulatory agencies have assumed a greater role in regulating and supervising the energy industry. This Article addresses the advantages and disadvantages associated with the procedures used by federal agencies in both formulating and implementing energy policies. After examining the various procedures used, the author suggests criteria which legislators, agencies, and reviewing courts should consider in selecting procedures for future formulation and implementation of energy policies.
Punitive Damages And The Intoxicated Driver: An Approach To Taylor V. Superior Court, Santiago Fernandez
Punitive Damages And The Intoxicated Driver: An Approach To Taylor V. Superior Court, Santiago Fernandez
UC Law Journal
This Note examines the applicability of punitive damages to California cases involving intoxicated drivers. Particular attention is paid to the concept of malice as required for the allowance of punitive awards under California Civil Code section 3294, and the adoption of an alternative standard for defining malice under the statute is suggested. The Note concludes that as a matter of public policy, and as a means of deterring intoxicated drivers, punitive damages should be allowed when the facts of a case demonstrate a conscious disregard on the part of the defendant for the safety of others.
Parker V. Flook And Computer Program Patents, Paul Haughey
Parker V. Flook And Computer Program Patents, Paul Haughey
UC Law Journal
The United States Supreme Court in Parker v. Flook held that a process comprising primarily a computer program was not proper subject matter for a patent under 35 U.S.C. § 101. The author analyzes the opinion and challenges the Court's reasoning, which confuses statutory subject matter with questions of novelty and obviousness under 35 U.S.C. §§ 102 and 103. The impact of the decision on the future of computer program patents is also discussed.
City-Wide Prohibition Of Billboards: Police Power And The Freedom Of Speech, Sue Diamond Lifschiz
City-Wide Prohibition Of Billboards: Police Power And The Freedom Of Speech, Sue Diamond Lifschiz
UC Law Journal
This March, in Metromedia, Inc. v. City of San Diego, the California Supreme Court upheld San Diego's ordinance that eliminates all off-premise billboards throughout the city. This Note analyzes the constitutional issues involved in the exercise of the local police power to eliminate billboards. These issues include whether the promotion of aesthetic values is a legitimate police power objective; whether total prohibition of a lawful business throughout a community is a violation of due process; whether local ordinances that eliminate billboards without just compensation conflict with state and federal highway beautification statutes; and whether billboard prohibitions are a denial of …