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Articles 1 - 30 of 86
Full-Text Articles in Law
Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst
Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst
UC Law SF Communications and Entertainment Journal
Should courts find that a defamatory communication made between employees of the same corporation does not satisfy the publication requirement of the tort of defamation? The author examines case law on both sides of the publication issue and argues that neither the cases which established the "no publication rule" nor the theoretical underpinnings of the tort of defamation can support the requirement of publication in cases of intra-corporate communications. The author concludes that the traditional theory, finding a sufficient publication as soon as a third person has understood the communication as defamatory, reconciles the defamed individual's right to sound reputation …
Indigenous Peoples, Land Claims And Control Of Mineral Development: Australian And U.S. Legal Systems Compared, John D. Leshy
Indigenous Peoples, Land Claims And Control Of Mineral Development: Australian And U.S. Legal Systems Compared, John D. Leshy
Faculty Scholarship
No abstract provided.
Calculating Fees Of Special Masters, David I. Levine
Calculating Fees Of Special Masters, David I. Levine
Faculty Scholarship
No abstract provided.
Public Policy Limitations On Cohabitation Agreements: Unruly Horse Or Circus Pony?, H.G. Prince
Public Policy Limitations On Cohabitation Agreements: Unruly Horse Or Circus Pony?, H.G. Prince
Faculty Scholarship
No abstract provided.
Preservation Of Material Evidence In California: Does Hitch Survive Trombetta, Charles P. Maher
Preservation Of Material Evidence In California: Does Hitch Survive Trombetta, Charles P. Maher
UC Law Constitutional Quarterly
No abstract provided.
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary
UC Law SF Communications and Entertainment Journal
The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton
UC Law SF Communications and Entertainment Journal
Every year increasing numbers of disabled patrons are visiting amusement parks. Focusing on the areas of admission, accommodation and safety, this article addresses the special needs of these patrons, and the need for their consistent and fair treatment within the amusement park industry. First, the article stresses the need for states to enact civil rights legislation prohibiting discrimination against disabled persons by amusement places. Second, architectural barriers statutes must be extended to apply to privately owned buildings and recreation areas in order to provide the disabled access to amusement parks. Most importantly, safety policies of a park must be carefully …
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer
UC Law SF Communications and Entertainment Journal
Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …
Requiem For A Parody, Randall B. Hicks
Requiem For A Parody, Randall B. Hicks
UC Law SF Communications and Entertainment Journal
Although parody is a meritorious form of literary expression, parodists are often subject to allegations of copyright infringement based on substantial appropriation of copyrighted work. The author examines judicial applications of the "fair use" doctrine as codified in the multifactored balancing test of section 107 of the Copyright Act of 1976. The author finds the balancing test to be so vague that courts have virtually unbounded discretion in its application. Indeed, courts have abused their discretion in consistently finding no fair use in sexually-oriented or allegedly obscene parodies. The author concludes that the balancing test must either be applied without …
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman
UC Law SF Communications and Entertainment Journal
Federal copyright law provides a major source of protection for computer software. Due to the rapidly changing nature of software and the software market, however, software developers are asking the states for additional protection. The author examines the Software Enforcement License Act - an attempt by Louisiana to remedy the problems software authors face in the mass market and concludes that it is preempted by federal copyright law. The author suggests that amendment of the federal copyright law would be more appropriate and effective.
Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind
Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind
UC Law SF International Law Review
No abstract provided.
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
UC Law SF International Law Review
No abstract provided.
Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship
Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship
UC Law SF International Law Review
No abstract provided.
Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho
Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho
UC Law SF International Law Review
The 1980 Refugee Act was created to replace earlier ad hoc measures with a comprehensive refugee admissions program. To this end, the 1980 Refugee Act adopted a non-ideological refugee definition from the 1967 United Nations Protocol Relating to the Status of Refugees. Discriminatory patterns in refugee admissions persisted after 1980, however, due in part to procedural requirements incorporated from earlier immigration legislation and in part to State Department input into the newly created asylum procedures under the 1980 Act. The treatment afforded Salvadoran refugees demonstrates the continued ideological thrust of refugee admissions after 1980. This Note suggests an application of …
Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman
Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman
UC Law SF International Law Review
Throughout Anglo-American history those in government have sought to silence opposition. Public discussion and dissent, however, are essential during national crises, such as military engagements or attempted expansions of governmental powers. Ironically, when public scrutiny is most needed, governments restrict the public access to information and the right to criticize governmental activities. This Article analyzes the English and United States governments' attempts to limit public access to information. Both systems recognize legitimate limitations on the right of access only when necessary to protect sensitive governmental functions. In England, however, the restriction is broader. Public access can be limited to protect …
Exclusionary Rules In France, Germany, And Italy, Walter Pakter
Exclusionary Rules In France, Germany, And Italy, Walter Pakter
UC Law SF International Law Review
This Article compares the use of exclusion to deal with evidence obtained through coerced confessions, statements made prior to administration of a "right to silence" warning and through illegal searches and seizures. Despite the existence of statutory penalties to deal with police misconduct in interrogations and searches, European legislatures and courts have turned to exclusion to respond to abuses in these areas. The author examines first the historical background and then recent statutes and decisions introducing exclusion. France has declined scholarly suggestions that irregular interrogations be sanctioned by exclusion. Germany introduced statutory exclusion in reaction to civil liberties abuses under …
Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher
Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher
UC Law SF International Law Review
Today genetically engineered products are being designed for uses outside the contained environment of the laboratory. Because of fears over the possible consequences of releasing new organisms into the environment, both the United States and Great Britain are taking steps to try to ensure that such releases will be safe. This Note examines the regulatory schemes of those two countries and concludes that additional changes must still be made if comprehensive oversight of the field is to be achieved.
State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton
State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton
UC Law SF International Law Review
The constitutionality of the states' use of tax apportionment method to tax income of multinational corporations has been disputed for some time. This Note considers the constitutional challenges advanced by domestic corporations with foreign affiliates and the solution provided by the United States Supreme Court. The Note then analyzes whether a different result is warranted in the case of a foreign parent corporation with domestic affiliates and whether congressional action is necessary to resolve the issue in the foreign commerce context.
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence
UC Law SF Communications and Entertainment Journal
The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.
Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor
Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor
UC Law SF Communications and Entertainment Journal
The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.
Tender Offer Defensive Tactics: A Proposal For Reform, Mary Siegel
Tender Offer Defensive Tactics: A Proposal For Reform, Mary Siegel
UC Law Journal
The increasing use of tender offers as an accepted method of expanding businesses has resulted in a proliferation of creative and effective tactics that enable corporate management to defend against the takeover of the corporation. A conflict of interest arises, however, when target management must both fight the offer and satisfy its fiduciary duty of loyalty to its shareholders. This Commentary reviews and evaluates current state regulation of tender offer defensive tactics and concludes that this judicial regulation is deficient. It then discusses and rejects existing proposals advanced for curing this deficiency. Finally, the author proposes that the state legislatures …
Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman
Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman
UC Law SF International Law Review
Third World nations have been attempting to balance foreign investment needs with the desire to both control economic development and retain the benefits of this development within their borders. Mexico and Cuba have recently enacted or revised their foreign investment laws. The Article examines these laws in detail and determines what balance these nations have struck between development and control and what compromises have been made. The Article then examines the Caribbean Basin Initiative to see what balance the United States, a capital exporter, finds optimal and to examine how the United States trade and investment laws differ both legally …
International Arbitration, J. Sorton Jones
International Arbitration, J. Sorton Jones
UC Law SF International Law Review
No abstract provided.
The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel
The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel
UC Law SF International Law Review
The political and economic conditions existing in many heavily indebted less developed countries (LDC's) may be militating in favor of repudiation of international debts. This Note examines these political and economic factors in relation to international debt, as well as the role of the International Monetary Fund. The Note goes on to examine the current state of international law regarding state responsibility for injury to aliens, to ascertain what protection, if any, it may offer international lenders. The conclusion reached by this Note is that currently there is no generally accepted rule of international law governing the rights of aliens …
Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu
Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu
UC Law SF International Law Review
The Warsaw Convention limits recovery in litigation involving international aircraft accidents. Although the text of the Convention originally was drafted in French, United States courts generally rely on an English translation for interpretation. This Note illustrates potential difficulties based on the use of each of these versions and focuses on the concept of "mental anguish" and its diverging interpretations under the civil-law and common- law systems. The Note concludes that uniformity of interpretation is best served if the French legal meaning of any controverted term is treated as controlling.
International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum
International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum
UC Law SF International Law Review
Since 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in which an alien plaintiff alleges a violation of the law of nations. Two recent court of appeals cases present conflicting views of the Act's applicability to contemporary international human rights claims. The Note examines the issues raised by the statute's construction in this context, including the difficulty of ascertaining the precise content of customary international legal norms. It concludes that neither the political question doctrine, nor the absence of an explicit private right to sue in international law necessarily precludes a federal court …
The Invention Of The Municipal Corporation: A Case Study In Legal Change, Joan C. Williams
The Invention Of The Municipal Corporation: A Case Study In Legal Change, Joan C. Williams
Faculty Scholarship
No abstract provided.
The Quotable Stanley Mosk, Joseph A. Wapner
The Quotable Stanley Mosk, Joseph A. Wapner
UC Law Constitutional Quarterly
No abstract provided.
Stanley Mosk, Bakke, And The Davis Commencement, Edward L. Barrett Jr.
Stanley Mosk, Bakke, And The Davis Commencement, Edward L. Barrett Jr.
UC Law Constitutional Quarterly
No abstract provided.