Law Commons^™

Battle Of The Priveleges: First Amendment Vs. Sixth Amendment, Eileen F. Tanielian

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Bringing Down The Curtain On Rear Window: Copyright Infringement And Derivative Motion Pictures, Matthew P. Lewis

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Entertainment Law Directory

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Our Localism: Part Ii – Localism And Legal Theory, Richard Briffault

Faculty Scholarship

A central theme in the literature of local government law is that local governments are powerless, incapable of initiating programs on behalf of their citizens or of resisting intrusions by the state. How can scholars make this claim when under state legislation and federal and state judicial decisions local autonomy plays a critical role in the law of school finance, land-use regulation and local government formation and preservation? As we have seen, a partial response turns on the varying assessments of the nature of power. But much of the answer also has to do with differing assumptions about the underlying …

Introduction: Prospects For The Rule Of Law, Steven G. Calabresi, Gary S. Lawson

Faculty Scholarship

The year 1991 marks the bicentennial of the American Bill of Rights. For the nation's legal community, including the Federalist Society, this event has provided the occasion for spirited reconsideration of many of the most important questions asked, and answers provided, by our Constitution's framers concerning the eternal problem of securing and maintaining ordered liberty. Of course, American scholars are free to speculate about these questions from within the comfort of a functioning market order and a stable constitutional system. The respective peoples of the emerging democracies of Central and Eastern Europe have no such luxury. In the aftermath of …

The Influence Of Litigation Costs On Deterrence Under Strict Liability And Under Negligence, Keith N. Hylton

Faculty Scholarship

This paper examines the influence of litigation costs on deterrence under strict liability and under negligence. By deterrence, I refer to the effect of the threat of liability on the care exercised by potential injurers. More precisely, this paper takes litigation costs as given and examines the social desirability of the levels of care exercised under negligence and under strict liability.

The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch

Faculty Scholarship

This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own "comparative advantage" is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from …

Copyright In The 101st Congress: Commentary On The Visual Artists Rights Act And The Architectural Works Copyright Protection Act Of 1990, Jane C. Ginsburg

Faculty Scholarship

In the Visual Artists Rights Act, Congress has for the first time included moral rights within the U.S. copyright statute. Well-known in continental European copyright doctrine, and secured by the Berne Convention, moral rights afford protection for the author's personal, non-economic interests in receiving attribution for her work, and in preserving the work in the form in which it was created, even after its sale or licensing. These rights of attribution (sometimes infelicitously labeled the "right of paternity") and of integrity are conceptually distinct from the economic rights of exploitation set forth in section 106 of the 1976 Copyright Act. …

O'Er The Land Of The Free: Flag Burning As Speech, Kent Greenawalt

Faculty Scholarship

I am honored to lecture at this school, which has a number of friends, and a much larger circle of scholars whose work I admire. I am honored to lecture in the memory of Melville Nimmer, one of the country's leading thinkers on freedom of speech as well as its foremost expert on copyright. I met Professor Nimmer only once, at a lunch with Vince Blasi. My recollection of the lunch is distinct. Gently and in the most friendly way, but with irrefutable logic, they showed me that a position I had held for more than a decade about immigration …

Religious Convictions And Political Choice: Some Further Thoughts, Kent Greenawalt

Faculty Scholarship

Let me start by putting my topic in a concrete context. Suppose a statute is offered to relieve animals of the oppressively cramped conditions of modern factory farming. Advocates claim that calves, lambs, pigs, and chickens should have a better quality of life before being slaughtered for food. Opponents argue that factory farming helps provide tasty, inexpensive meat and that farmers should be free to decide how to treat animals that they own. At stake in the decision whether to restrict farmers is some balancing of animal interests against human interests. In our relatively wealthy society the human interests are …

Federal Jurisdiction, Ronald J. Mann

Faculty Scholarship

One important task of the federal judiciary is to resolve cases presenting tensions between national and state governments. The United States Court of Appeals for the Fifth Circuit justly is renowned for its work in this area. One major, if not sensational, arena in which these tensions surface is in cases presenting issues of federal jurisdiction, pursuant to which federal courts allocate power between the national and state judicial systems.

During the survey period the Fifth Circuit published almost one hundred opinions dealing with substantive issues of federal jurisdiction. Like others before me, I have not undertaken in this essay …

Intellectual And Informational Property Rights: Panel Iv - Introduction: Property In Mass Media Law, Lee C. Bollinger

Faculty Scholarship

This is the panel on intellectual and informational property rights. As you can see, there are three panelists other than myself: Ed Kitch, Stephen Carter, and Frank Easterbrook.

I want to begin with just a few thoughts on an area that I know something about: press and media law. I would like to say two things about the notion of property and how it arises in the context of a few problems in the area of mass media law.

The U.S. Court Of International Trade And The U.S. International Trade Commission After Ten Years -- A Personal View, James A. Toupin

Fordham International Law Journal

This Article will present come impressions of the effect on the U.S. International Trade Commission of key elements of the 1979-1980 reforms contained in the Trade Agreements Act of 1979 and the Customs Courts Act of 1980. The reforms established the current system for the judicial review of antidumping and countervailing duty determinations. This Article will first address some of the observable impacts of the judicial review system on the operation of the Commission and will then attempt to examine the operation of the U.S. Court of International Trade as an expert tribunal with first-level appellate responsibility over trade cases. …

Accomplishing The Legislative Goals For The U.S. Court Of International Trade: More Speed! More Speed!, Leonard M. Shambon

Fordham International Law Journal

Part I of this Article describes the congressional goals for the CIT in 1979 and 1980. Part II focuses on the actual performance of the CIT with regard to one of those goals, speedy resolution of antidumping and countervailing duty disputes. Furthermore, Part II documents the level of delay during the four main phases of an initial CIT review of antidumping or countervailing duty administrative determination. Part III examines the supplemental impact of CIT-ordered remands on speedy resolution. Part IV briefly comments on the effect of appellate review of CIT decisions on both speed and certainty in these actions. This …

Liquidated Damages: Making Sense Of The Relations Between The U.S. Customs Service, Bond Principals, And Sureties, Gilbert Lee Sandler

Fordham International Law Journal

This Article is an attempt to describe the current state of the evolving law on liquidated damages and to focus attention on several of the emerging areas that are likely to require administrative, congressional, or judicial action.

Stare Decisis And The U.S. Court Of International Trade: Two Case Studies Of A Perennial Issue, Charles H. Nalls, Paul R. Bardos

Fordham International Law Journal

This Article examines the tension between the independence of judges in the CIT and the role of stare decisis in the CIT. After an overview of the applicability of the doctrine at the trial court level, the Article will set out two case studies in CIT decision making. The first example, relating to the standard to be applied by the Commission in preliminary antidumping and countervailing duty investigations, is a “worst case scenario” in which judicial inconsistency has caused a great deal of confusion for the Commission and its individual commissioners. The second example, which involves a series of cases …

The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris

Fordham International Law Journal

In July 1983, after nearly a decade of discussion, the Council of Europe adopted the European Convention on the Compensation of Victims of Violent Crimes. The Convention seeks to harmonize Europe's existing crime victims compensation schemes by providing a set of guidelines for the treatment of domestic and foreign crime victims. The Convention thereby seeks to establish consistent victims compensation schemes in its member states. This Note argues that the Convention fails to address adequately the problem of cost, thus failing in its goal of uniformity. Part I of this Note discusses the theory of victims compensation and the Convention. …

Brokering A Difficult Marriage: Substantive Defenses Under Rule 60(B)(4) Relief From Default Judgments In Foreign Sovereign Immunities Act Proceedings , A. John Sutham

Fordham International Law Journal

This Note argues that U.S. courts should allow foreign states to raise substantive defenses when using Rule 60(b)(4) to challenge the courts' jurisdiction to enter a default judg- ment. Part I of this Note analyzes the FSIA and relief from judgment under Rule 60(b). Part II analyzes the conflicting views on whether to consider substantive defenses in deter- mining subject matter jurisdiction. Part III argues that in the context of FSIA actions the use of substantive defenses under Rule 60(b)(4) is not only workable, but more desirable than the use of Rule 60(b)(6) judicial discretion. This Note concludes that the …

Consolidated Gold Fields Plc V. Minorco, S.A.: The Extraterritorial Application Of U.S. Securities Laws In International Equities Markets, William R. Covey

Fordham International Law Journal

This Comment argues that, based on existing case law, the Second Circuit improperly held that the district court had subject matter jurisdiction over a foreign takeover attempt in its Gold Fields decision. Part I examines the legal principles that govern the extraterritorial application of U.S. securities laws. Part II presents the factual background of Gold Fields and the legal analysis of the decision. Part III argues that the Second Circuit incorrectly exercised subject matter jurisdiction over the foreign securities claim. This Comment concludes that U.S. courts should decline to exercise subject matter jurisdiction in securities cases where domestic interests are …

J. Jackson, The World Trading System: Law And Policy Of International Economic Relations, Edwin J. Madaj

Fordham International Law Journal

The book first sets forth the policies and practical considerations underlying the current international and national trading regimes, including a description of what Professor Jackson calls the "constitutional structure" of the national and world trading systems. In addition, the book describes the procedures and practices of dispute resolution. The international focus of the book is largely on the GATT, with the bulk of the book devoted to a discussion of a number of important substantive topics pertaining to the GATT. As the book points out, while a primary purpose of that international agreement was to lower tariffs, which has largely …

Legal Remedies For The Failure Of European Community Institutitions To Act In Conformity With Eec Treaty Provisions, Ole Due

Fordham International Law Journal

This shall concentrate on that part of the case law by which the Court has tried to compensate for the inaction of the political institutions. It shall examine this case law from a procedural viewpoint. The purpose is to find out which procedural weapons the Court has made use of. The examination will be confined essentially to the legal remedies employed against the Council's inaction. This shall first run through the forms of procedure which have in practice proved to be the most appropriate before going on to examine why the action for failure to act has been of so …

Jurisdictional Issues: The Eec Merger Control Regulation, Member State Laws, And Articles 85 And 86, Jacques H. J. Bourgeois, Bernd Langeheine

Fordham International Law Journal

This Article deals with two main issues. One is the division of powers between the European Economic Community and the Member States with regard to merger control after September 21, 1990. The other is the possible application, by the Commission of the European Communities or by national authorities, of Article 85 and 86 of the Treaty Establishing the European Economic Community to mergers covered by Regulation No. 4064/89. The Article casts a brief look at how the dividing line between merges and operations which do not qualify as mergers within the sense of article 3 of the Regulation will be …

Violence As Regulation And Social Control In The Distribution Of Crack, Jeffrey A. Fagan, Ko-Lin Chin

Faculty Scholarship

This chapter examines violence and aggression among crack and other illicit drug sellers in New York City. Few studies have addressed the origins of drug selling, specifically whether such drug violence reflects generalized violence or violent behaviors contingent on drug selling. Aggression in crack selling appears to be commonplace and severe (Goldstein et al., unpublished manuscript; Goldstein 1989; Johnson, et al. 1990; New York Times 1989b) and is the focus of this study. Aggression evident in nondrug criminality is compared for crack sellers and other seller types. If violence in drug selling is a distinct behavior that reflects the contingencies …

A. Tovias, The European Communities' Single Market: The Challenge Of 1992 For Sub-Saharan Africa, Edward Kwakwa

Fordham International Law Journal

Professor Tovias' book is a refreshing and welcome addition to the existing literature on the different aspects of Europe 1992. The European Communities' Single Market is divided into seven chapters. The introduction in Chapter One is preceded by a summary and conclusions." Chapter Two discusses the interdependence between the EC and Sub-Saharan Africa.' The third and fourth chapters are devoted to the effects of eliminating specific intra-EC barriers and new barriers likely to arise from Europe 1992. Chapter Five comprises an analysis of the impact of Europe 1992 on various sectors, such as mineral products, tropical products, and services.' In …

Problems In International Law Enforcement, Richard A. Martin

Fordham International Law Journal

I would like to discuss the efforts that the United States has made to develop an effective system of international law enforcement, and the difficulties which it has encountered in that process. I will begin with a brief description of the tools which are available and can be employed in international criminal procedure. I will then discuss how these tools have been applied to different types of criminal activity. As I will explain, they have proved highly successful in the areas of narcotics trafficking, organized crime, and money laundering, but have encountered significant problems in the area of terrorism. These …

Investments In The Territory Of The Former German Democratic Republic, Michael Gruson, Georg F. Thoma

Fordham International Law Journal

This Article intends to analyze the major issues which come up in almost every transaction involving investments in the Former GDR. Part I briefly describes the law applicable to transactions in the Former GDR. Part II outlines the legal structure of enterprises in the territory of the Former GDR, the ownership of these enterprises, and questions relating to their balance sheets. Part III addresses the important question of restitution or compensation claims which may be asserted against such enterprises or the investor. Part IV considers problems with which an investor in the Former GDR typically is confronted, mainly issues of …

Conciliation As A Mechanism For The Resolution Of International Economic And Business Disputes, Linda C. Reif

Fordham International Law Journal

This Article will examine the use of conciliation as a mechanism for the resolution of disputes arising out of trade, investment, and other business relationships in this broadly framed transnational system. Part I presents an overview of dispute resolution methods. Part II provides a definition of “international conciliation.” Part III discusses the various uses of international conciliation as a method for the resolution of international conflicts; this Part highlights several relevant international agreements and organizations. Part IV argues in favor of conciliation as a means for achieving the settlement of international economic and business disputes.

Recognizing Modern Maintenance And Cure As An Admiralty Right, Virginia A. Mcdaniel

Fordham International Law Journal

This Note argues that maintenance and cure is a right inherent in general admiralty law. As such, it applies equally to unionized and non-unionized seamen, regardless of whether a bargained-for rate of maintenance and cure exists. Part I traces the development of the doctrine of maintenance and cure. Part II presents and compares the courts' positions on the assessment of maintenance and cure. Part III proposes that maintenance and cure is an admiralty right, implicit in every seaman's employment, which no contractual provision can abrogate. This Note concludes that courts should decide each maintenance and cure case on an individual …

The Jones Act's Specific Venue Provision: Does It Preclude Forum Non Conveniens Dismissal?, Timothy P. O'Shea

Fordham International Law Journal

This Note argues that the doctrine of forum non conveniens should be applied uniformly to all cases brought by non-U.S. seamen under the Jones Act in U.S. courts. Part I reviews Jones Act legislation, case law, and the doctrine of forum non conveniens. Part II analyzes modified forum non conveniens case law and diversity forum non conveniens case law. Part III argues that diversity forum non conveniens analysis best interprets the congressional intent underlying the Jones Act, and best follows the guidelines established by the U.S. Supreme Court's forum non conveniens and Jones Act case law. This Note concludes that …

Dow Chemical Company V. Castro Alfaro: The Demise Of Forum Non Conveniens In Texas And One Less Barrier To International Tort Litigation, Michael T. Manzi

Fordham International Law Journal

This Comment argues that Castro Alfaro and the limitations it imposes on the doctrine of forum non conveniens in international tort litigation reflect an accurate interpretation of the statute and appropriate consideration of policy implications. Part I presents the background of forum non conveniens, jurisdiction, and venue. Part I also discusses specific jurisdiction and specific venue statutes in the United States and Texas. Part II discusses the background events of Castro Alfaro, the majority opinion, and the various concurring and dissenting opinions. Part III argues that the Castro Alfaro court based its decision on proper statutory interpretation and sound international …