Law Commons^™

Will The Bang Mean Big Changes To Japanese Financial Laws, Jessica C. Wiley

UC Law SF International Law Review

In response to both domestic and international pressure, the Japanese government began a series of reforms designed to deregulate their financial market in 1998. The reform plan is modeled after the British and U.S. deregulation measures often-termed "Big Bang" reforms. The essence of Japan's Big Bang is the end of highly segmented financial markets in favor of a single market where domestic and foreign banks, securities houses, insurance companies and other financial institutions will be free to compete in each other's business specialties.

The recent amendments to the Foreign Exchange and Foreign Trade Law are an example of Japanese Big …

The Effect Of International Court Of Justice Decisions On Municipal Courts In The United States: Breard V. Greene, Sanja Djajic

UC Law SF International Law Review

The relationship between international and municipal law is complex and continually developing. One way to analyze this issue is to observe the interaction between domestic courts and the International Court of Justice. These two types of courts may entertain identical claims.

This article analyzes whether there is any correlation between the two types of courts, and the character of this correlation if there is one. Through an examination of Breard v. Greene, this article will examine the attitudes of United States courts toward the enforceability and the legally binding character of International Court of Justice decisions. This article will also …

Procompetitive Theories Of Vertical Control, Andy C. M. Chen, Keith N. Hylton

UC Law Journal

No abstract provided.

The Abc's Of Universal Service: Arbitrage, Big Bucks, And Competition, Gregory L. Rosston, Bradley S. Wimmer

UC Law Journal

No abstract provided.

The Montrose Decision And Long-Tail Environmental Liability--A New Approach To Allocating Risk Among Multiple Third-Party Insurers, Joren S. Bass

UC Law Environmental Journal

No abstract provided.

Panel Discussion - To Bot Or Not To Bot: The Implications Of Spidering, David Kramer, Jay Monahan

UC Law SF Communications and Entertainment Journal

Mr. Kramer and Mr. Monahan discuss the issues raised by the use of bots on the Internet and the implication of such use in litigation. Bots, or spidering programs, are software devices used to access specific information contained on web sites. Bots are commonly used when search engines comb the web to generate responses to queries. However, other less than noble uses, including the gathering of e-mail addresses for "spamming" and the taking of a site's content and reposting it elsewhere, raise complex legal issues and have generated considerable litigation.

Neutrality Of The Equal Protection Clause, K. G. Jan Pillai

UC Law Constitutional Quarterly

Espousing colorblindness as the defining feature of the Equal Protection Clause, a bare majority of the Justices of the United States Supreme Court has outlawed almost all race and gender-conscious government programs such as affirmative action, legislative redistricting and school desegregation. The doctrinal foundation of colorblindness is government neutrality. Colorblindness also envisions vigorous enforcement of anti-discrimination laws as the substitute for race-conscious measures to achieve racial equality. However, equal protection neutrality remains amorphous, undefined and structureless, and it often provides a safe harbor for race disadvantaging laws that do not measure up to the Court's standard of invidious discrimination. Moreover, …

Intellectual Property And Antitrust: A Comparison Of Evolution In The European Union And United States, Sara M. Biggers, Richard A. Mann, Barry S. Roberts

UC Law SF International Law Review

Transactions involving the transfer of intellectual property rights give rise to antitrust issues, potentially implicating the involvement of the enforcement bodies of the European Union (EU) and United States. While changing market dynamics resulting from innovation and globalization impact antitrust enforcement, the movement toward "decentralization" of antitrust enforcement represents yet another trend that causes uncertainty in both the EU and U.S. antitrust policies. In this context, one of the most notable aspects of evolving antitrust policy is that of cooperation between the enforcement agencies in the EU and the United States.

This Article explores the key legislative and policy developments …

With A Broad Brush: The Federal Regulation Of Sanctions Against Burma (Myanmar), James Finch, David Schmahmann, Particia Bailey

UC Law SF International Law Review

On April 21, 1998, the Office of Foreign Assets Control of the U.S. Treasury Department issued regulations to implement the Executive Order that applied sanctions against Myanmar. With certain exceptions, the Regulations prohibit new investment by U.S. individuals or companies in Myanmar. This Essay explains and analyzes the reach of the Regulations and their potential ramifications.

Sweating The International Garment Industy: A Critique Of The Presidential Task Force's Workplace Codes Of Conduct And Monitoring System, Heidi S. Bloomfield

UC Law SF International Law Review

Like employers in the United States, employers in Japan seek to prevent their former employees from competing with them by using noncompete covenants. As Japan's work force and employment system become more diverse, individualized and laterally mobile, noncompete provisions are appearing before the Japanese courts with increasing frequency.

The Japanese courts' approach to noncompete clauses is to scrutinize their "reasonableness" by balancing the competing interests of the employer in protecting its business goals and the employee in preserving his right to freedom of occupation. However, the notion of "reasonableness" has been elusive, causing the Japanese courts to struggle with application …

The International Monetary Fund: Is It The Right Or Wrong Prescription For Korea, Ellen J. Shin

UC Law SF International Law Review

Since emerging as a war torn country in 1953, Korea has become a major economic contender in the international market. By 1997, Korea had achieved success as the world's eleventh largest economy. That success was cut short by the "Asian financial crisis" of late 1997, which greatly affected the Korean economy. Caused by the unraveling of the diversified, family-owned conglomerates known as chaebol, which collapsed under billions of dollars in bank loans, Korea sought to restore its economic ascendancy with an IMF bailout. The resulting IMF austerity program has received much criticism, focused primarily on the fact that the traditional …

Religion And State In Israel: The Case For Reevaluation And Constitutional Entrenchment, Gidon Sapir

UC Law SF International Law Review

From the establishment of the State of Israel until very recently, the issue of religion and state was handled in Israel according to the doctrine of status quo. As a result, matters of religion and state have changed little from the time the State of Israel was established. Underlying the status quo-viewed as an informal "gag rule"-was the perception that it served as a necessary condition for the emergence, maintenance and stability of democracy in Israel. Yet on many occasions over the past several years, once latent disagreements over matters of religion and state have become a major source of …

Weathered Hope, Paul J. Meyer Jr.

UC Law Environmental Journal

No abstract provided.

The Evolution Of The Sprawl Debate In The United States, Robert W. Burchell, Naveed A. Shad

UC Law Environmental Journal

No abstract provided.

To Autumn, John Keats

UC Law Environmental Journal

No abstract provided.

Two Sides Of The Same Coin--Hazardous Waste Siting On Indian Reservations And In Minority Communities, Jeffrey R. Cluett

UC Law Environmental Journal

No abstract provided.

Iso 14001, Audit Privilege And A Word Of Caution--From Remarks At Hastings West-Northwest Symposium, Jerry Speir

UC Law Environmental Journal

No abstract provided.

The Good Neighbor Agreement: Environmental Excellence Without Compromise, Marianne F. Adriatico

UC Law Environmental Journal

No abstract provided.

The Audit Privilege In The Context Of The Ems Audit, Edward Quevedo

UC Law Environmental Journal

No abstract provided.

Ah Sun-Flower, William Blake

UC Law Environmental Journal

No abstract provided.

Limiting The Scope Of The Endangered Species Act--Discretionary Federal Involvement Or Control Under Section 402.03, Derek Weller

UC Law Environmental Journal

No abstract provided.

The Failure Of Watershed Analysis Under The Northwest Forest Plan--A Case Study Of The Gifford Pinchot National Forest, Brent Foster

UC Law Environmental Journal

No abstract provided.

Haiku, Rose A. Page

UC Law Environmental Journal

No abstract provided.

The Headwaters Agreement: A History, Summary And Critique, Kevin Bundy

UC Law Environmental Journal

No abstract provided.

The Transferability Of Non-Exclusive Copyright Licenses: A New Default Rule For Software In The Ninth Circuit, Brandon M. Villery

UC Law SF Communications and Entertainment Journal

The merger and acquisition of companies using software technology can generate a need to transfer valuable software licenses from a target company to an acquiring company. As a default rule in the Ninth Circuit, a licensee cannot assign a non-exclusive copyright license without the express authorization of the licensor. Consequently, an acquired licensee may be forced to renegotiate an otherwise valid software license, even if it survives the acquisition and continues to operate as a subsidiary. Understandably, the issue of copyright license transferability continues to pose a problem in mergers, acquisitions and bankruptcies. This note analyzes the Ninth Circuit's decision …

Lantern In The Snow, Robert P. Tristram Coffin

UC Law Environmental Journal

No abstract provided.

Nature, Henry Wadsworth Longfellow

UC Law Environmental Journal

No abstract provided.

Environmental Audits: Barriers, Opportunities And A Recommendation, Keith M. Casto, Tiffany Billingsley Potter

UC Law Environmental Journal

No abstract provided.

Faun--From Fairies And Fusiliers, Robert Graves

UC Law Environmental Journal

No abstract provided.

Windydaze, James Bartoli

UC Law Environmental Journal

No abstract provided.