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Full-Text Articles in Law

Of Blimps And Appraisals And Judicial Grace, William T. Hutton Jan 1993

Of Blimps And Appraisals And Judicial Grace, William T. Hutton

Faculty Scholarship

No abstract provided.


Tax-Deferral Transactions: Installment Sales, Like-Kind Exchanges And Involuntary Conversion, William T. Hutton Jan 1993

Tax-Deferral Transactions: Installment Sales, Like-Kind Exchanges And Involuntary Conversion, William T. Hutton

Faculty Scholarship

No abstract provided.


The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter Jan 1993

The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter

Hastings Communications and Entertainment Law Journal

In Sega v. Accolade, a case involving the legality of reverse engineering of computer software, the Ninth Circuit resolved copyright and trademark issues of first impression. The decision is of great significance for its legal analysis of the fair use doctrine and policies underlying the trademark law. This article provides background information useful to understanding Accolade from a technical and legal perspective. The authors conclude that the decision is consistent with the recent trend among the courts to limit the use of intellectual property laws to stifle competition.


Software Look And Feel Protection In The 1990s, Jack Russo, Jamie Nafziger Jan 1993

Software Look And Feel Protection In The 1990s, Jack Russo, Jamie Nafziger

Hastings Communications and Entertainment Law Journal

This article reviews the historical development of "look and feel" copyright protection of computer software, including discussion of decisions favoring broad protection, decisions favoring competitive principles, and decisions taking an analytic approach to software copyright protection. The article also analyzes recent U.S. Supreme Court decisions to explore how the Court may decide the computer software "look and feel" issues, including consideration of how Lanham Act trade dress protection might be applied to protect computer software visual displays.


It Is Time To Put Look And Feel Out To Pasture, Douglas K. Derwin Jan 1993

It Is Time To Put Look And Feel Out To Pasture, Douglas K. Derwin

Hastings Communications and Entertainment Law Journal

The author, who was present at the creation of "Look and Feel," now feels that the time has come to lay the theory to rest, because it is vague, confusing, and promotes overbroad analysis. Instead, he suggests analysis focusing on the different legal standards that apply to different elements in a computer program's user interface.


Add-On Infringements: When Computer Add-Ons And Peripherals Should (And Should Not) Be Considered Infringing Derivative Works Under Lewis Galoob Toys, Inc. V. Nintendo Of America, Inc., And Other Recent Decisions, Edward G. Black, Michael H. Page Jan 1993

Add-On Infringements: When Computer Add-Ons And Peripherals Should (And Should Not) Be Considered Infringing Derivative Works Under Lewis Galoob Toys, Inc. V. Nintendo Of America, Inc., And Other Recent Decisions, Edward G. Black, Michael H. Page

Hastings Communications and Entertainment Law Journal

The large and growing installed base of computer products is quickly giving rise to a large secondary market for computer add-ons that add new features to or enhance the performance of primary computer products. This article discusses how copyright doctrines, including the derivative works and fair use doctrines, have been-and should be-applied to computer add-ons. After analyzing the current state of the law under the Ninth Circuit's decision in Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., and other decisions, the authors argue that copyright doctrines should be construed to encourage the use of add-ons that add new ...


Shrinkwrap License Agreements: New Light On A Vexing Problem, David L. Hayes Jan 1993

Shrinkwrap License Agreements: New Light On A Vexing Problem, David L. Hayes

Hastings Communications and Entertainment Law Journal

Computer software companies rely widely on the use of "shrinkwrap" license agreements. Previous decisions have called into question the general enforceability of these agreements as contracts of adhesion, and the enforceability of specific provisions under policies of federal supremacy. This article analyzes the implications of a more recent decision, Step-Saver Data Systems, Inc. v. Wyse Technology, which focused on the rules of contract formation under the U.C.C. and their application when deciding if a shrinkwrap license governs a transaction at all. The analysis of the case calls into question the legal efficacy of many widespread marketing practices currently ...


Copyright Registration For Computer Programs And Screen Displays, Nancy H. Lawrence Jan 1993

Copyright Registration For Computer Programs And Screen Displays, Nancy H. Lawrence

Hastings Communications and Entertainment Law Journal

This article summarizes the practices of the U.S. Copyright Office for registration of copyright claims in computer programs and screen displays, and touches on some of the new software developments that raise issues relevant to registration.


Crime Scene Videotapes: Are Television Techniques Violating The Confrontation Clause, Katharyn Bond Jan 1993

Crime Scene Videotapes: Are Television Techniques Violating The Confrontation Clause, Katharyn Bond

Hastings Communications and Entertainment Law Journal

Videotape presentations in courtroom proceedings are admissible upon the proper foundation of accuracy and faithfulness. Anyone present at the taping of the crime scene may establish the requisite foundation. The admissibility of videotaped evidence is premised on the assumption that the technology itself is neutral and reliable, and that it accurately conveys what is in front of the camera. This note counters the validity of this assumption in the context of crime scene videotapes. Grisly crime scenes are now videotaped by police officers and later used by prosecutors at trial as demonstrative evidence. This note argues that it is the ...


The Use Of Amateur Videotapes As Evidence In Criminal Prosecutions: Citizen Empowerment Or Little Brother's New Silver Platter, Nicholas R. Mack Jan 1993

The Use Of Amateur Videotapes As Evidence In Criminal Prosecutions: Citizen Empowerment Or Little Brother's New Silver Platter, Nicholas R. Mack

Hastings Communications and Entertainment Law Journal

As public access to inexpensive and versatile "camcorders" grows, U.S. courts face a new source of crime evidence. Through a survey of recent examples, including the Rodney King beating, this note addresses the potential of private citizens' videotapes of criminal acts. Videotapes may empower citizens to fight crime safely and legally, as courts will probably receive such videotaped evidence favorably. However, with the increasing means and incentives for "video vigilantism" comes a risk of invasions of privacy, as technology outpaces the law. Limited neither by the Fourth Amendment nor the Electronic Communications Privacy Act of 1986, citizens' videotapes can ...


Why Can't I Watch This Video Here - Copyright Confusion And Performances Of Videocassettes & (And) Videodiscs In Libraries, J. Wesley Cochran Jan 1993

Why Can't I Watch This Video Here - Copyright Confusion And Performances Of Videocassettes & (And) Videodiscs In Libraries, J. Wesley Cochran

Hastings Communications and Entertainment Law Journal

The dramatic growth of video resources in library collections in the past twenty years brought with it disagreement between librarians and copyright owners concerning performances of videocassettes and videodiscs in libraries. This article reviews the application of copyright law to performances of videocassettes and videodiscs and describes typical uses of these resources in academic, public, and private libraries. The author then relates the availability of statutory defenses to claims of infringement and concludes that many performances of videocassettes and videodiscs in libraries are permitted by the fair use limitation and the educational exemption found in the Copyright Act of 1976 ...


California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl Jan 1993

California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl

Hastings Communications and Entertainment Law Journal

The author of this article was Program Chair of the Art Law Section meeting at the 1993 annual convention of the Association of American Law Schools. In the article, he briefly reviews state and federal legislative enactments that have affected the visual arts. The author then summarizes the presentations of each of the panelists at the Art Law Section meeting. Finally, the author offers his own comments on the Resale Royalty Report that was prepared by the Copyright Office and submitted to Congress in December 1992.


What's Wrong With Vara: A Critique Of Federal Moral Rights, Peter H. Karlen Jan 1993

What's Wrong With Vara: A Critique Of Federal Moral Rights, Peter H. Karlen

Hastings Communications and Entertainment Law Journal

The Visual Artists Rights Act of 1990 (VARA) may represent the most important artists' rights legislation in the history of the United States. Yet, according to the author, VARA is replete with ambiguities, trouble spots, omissions, and potential problems which will only be resolved in the courts or, preferably, through early legislative amendments. This article analyzes the key portions of VARA dealing with subject matter, ownership, rights, duration, waiver, works in buildings, and preemption. Each area of the statutory text is followed by the author's commentary.


Moral Rights And Real Life Artists, Peter H. Karlen Jan 1993

Moral Rights And Real Life Artists, Peter H. Karlen

Hastings Communications and Entertainment Law Journal

Although both moral rights legislation and moral rights litigation have proliferated in recent years, there is still a dearth of published opinions dealing with moral rights issues. This article, derived from the author's extensive experience with moral rights cases, provides an insight into the critical issues in moral rights litigation. The author cites anecdotal information as well as cases that have garnered attention in the art world but did not yield published court opinions.


A Comparison Of State And Federal Moral Rights Protection: Are Artists Better Off After Vara, Edward J. Damich Jan 1993

A Comparison Of State And Federal Moral Rights Protection: Are Artists Better Off After Vara, Edward J. Damich

Hastings Communications and Entertainment Law Journal

VARA, which became effective June 1, 1991, provides the first federal statutory recognition of the moral rights of integrity and attribution for works of visual art. Prior to VARA's enactment, some states, including the art centers of California and New York, had already enacted moral rights statutes. This article compares VARA with state moral rights statutes. It concludes that VARA is clearly an advance since only eleven states have moral rights statutes and not all provide more protection. However, the author suggests that the state statutes, taken as a whole, protect more kinds of works and offer broader protection ...


Droit De Suit: The Artist's Right To A Resale Royalty, Marilyn J. Krestinger Jan 1993

Droit De Suit: The Artist's Right To A Resale Royalty, Marilyn J. Krestinger

Hastings Communications and Entertainment Law Journal

This article discusses an artist's right to participate in the profits or royalties from the resale or use a work. It briefly traces the right to its European roots, notes the current countries that have an effective resale royalty, and then discusses the status of the right in the United States, summing up the recent report of the U.S. Copyright Office to Congress. The article concludes that if the European Community harmonizes existing droit de suite laws within the Community, then the United States may move in that direction.


California Arts Legislation Goes Federal, Richard Mayer Jan 1993

California Arts Legislation Goes Federal, Richard Mayer

Hastings Communications and Entertainment Law Journal

The author provides a unique perspective from which to view moral rights and resale royalty legislation-that of an artist. His article relates his personal insights into the inception and enactment of the California Resale Royalties Act, the California Art Preservation Act, and VARA. In doing so, he also explores the issues surrounding resale royalties and moral rights.


Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown Jan 1993

Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown

Hastings Communications and Entertainment Law Journal

VARA is the first federal legislation allowing American artists to protect their works' integrity and to be recognized as authors despite the continuing sale or other transfer of their art. Such privileges, known as "moral rights," have been an integral part of European law for over a century, and have been incorporated into many American states' laws within recent years. With the passage of VARA, the moral rights laws of many states became redundant. This note attempts to determine the extent to which VARA preempts state laws, focusing on the New York, California, and Massachusetts statutes.


The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick Jan 1993

The European Economic Area Agreement: Its Compatibility With The Community Legal Order, Mary Frances Dominick

Hastings International and Comparative Law Review

No abstract provided.


Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson Jan 1993

Consumer Protection Laws In Bulgaria, James R. Mccall, Lonel M. Allen, Vincent Brannigan, Janet Crosson

Faculty Scholarship

No abstract provided.


Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden Jan 1993

Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.


Important Developments In Exempt Organizations, Stephen Schwarz, Miriam Galston Jan 1993

Important Developments In Exempt Organizations, Stephen Schwarz, Miriam Galston

Faculty Scholarship

No abstract provided.


In Defense Of "Automatic Disclosure In Discovery", William W. Schwarzer Jan 1993

In Defense Of "Automatic Disclosure In Discovery", William W. Schwarzer

Faculty Scholarship

No abstract provided.


Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa Jan 1993

Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa

Faculty Scholarship

Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for de-emphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized ...


Surface And Depth: Some Methodological Problems With Bringing Native American Centered Histories To Light, Jo Carrillo Jan 1993

Surface And Depth: Some Methodological Problems With Bringing Native American Centered Histories To Light, Jo Carrillo

Faculty Scholarship

No abstract provided.


The Booth Cases: Final Step To The Civil War, Jenni Parrish Jan 1993

The Booth Cases: Final Step To The Civil War, Jenni Parrish

Faculty Scholarship

No abstract provided.


Of Babies And Bathwater: The Prospects For Procedural Progress, Richard L. Marcus Jan 1993

Of Babies And Bathwater: The Prospects For Procedural Progress, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Summary Judgment After Eastman Kodak, William W. Schwarzer, Alan Hirsch Jan 1993

Summary Judgment After Eastman Kodak, William W. Schwarzer, Alan Hirsch

Faculty Scholarship

No abstract provided.


Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman Jan 1993

Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman

Faculty Scholarship

No abstract provided.


The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine Jan 1993

The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine

Faculty Scholarship

No abstract provided.