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Articles 1 - 30 of 169
Full-Text Articles in Law
Envy And Jealousy: A Study Of Separation Of Powers And Judicial Review, Laura E. Little
Envy And Jealousy: A Study Of Separation Of Powers And Judicial Review, Laura E. Little
UC Law Journal
In the enclosed study, Professor Little analyzes judicial review from a perspective never before explored: civilization's understanding of jealousy and envy. For her raw material, Professor Little uses the recently aggressive decisions of the United States Supreme Court interpreting federalism and separation of powers issues. She scrutinizes the decisions in light of scholarship in philosophy, psychology, and other social sciences studying the sources and cures for envy and jealousy. In particular, Professor Little uses the jealousy and envy literature to navigate several questions seizing the attentions of federal jurisdiction and constitutional law scholars: Can we justify supreme judicial review? Is …
Shall The Sins Of The Son Be Visited Upon The Father--Video Game Manufacturer Liability For Violent Video Games, David C. Kiernan
Shall The Sins Of The Son Be Visited Upon The Father--Video Game Manufacturer Liability For Violent Video Games, David C. Kiernan
UC Law Journal
In the wake of the perverse pattern of horrifying schoolyard shootings in Littleton, Colorado, and in Paducah, Kentucky, the video game industry has increasingly come under fire for its excessively violent video games. In particular, the potential for tort liability for video game manufacturers has attracted significant attention. This raises questions of whether the video game manufacturers can be held liable for the deaths or injuries of those students and teachers under traditional tort principles and whether the First Amendment will preclude such an action. This dialogue takes on new urgency following the recently published FTC report Marketing Violent Entertainment …
First-Party Bad Faith: The Search For A Uniform Standard Of Culpability, Dominick C. Capozzola
First-Party Bad Faith: The Search For A Uniform Standard Of Culpability, Dominick C. Capozzola
UC Law Journal
For almost thirty years, courts have been experimenting with the tort of First-Party Bad Faith. As a consequence, insurance companies are receiving mixed signals about how careful they should be when assessing their first-party claims. This becomes even more confusing when one considers that only half of the states have accepted First-Party Bad Faith. In this Note, Dominick Capozzola argues first that all of the states should accept the tort of First-Party Bad Faith. In so doing, he discusses the reasons for and against First-Party Bad Faith, concluding that the policy reasons supporting the tort far outweigh the traditional contract …
Constitutional Change And International Government, Chantal Thomas
Constitutional Change And International Government, Chantal Thomas
UC Law Journal
This Article argues that the rise of economic regulation by international organizations is transforming federal government in much the same way as the rise of administrative agencies transformed it at the beginning of the twentieth century. Just as administrative agencies came to be recognized as a de facto "fourth branch" of federal government, United States participation in international economic organizations has generated a de facto "international branch" of federal government.
There are striking similarities between this international branch and the administrative branch; the differences that exist suggest the rise of international government may be even more revolutionary. The construction of …
An Observation And A Strange But True "Tale": What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture, Paul Schiff Berman
An Observation And A Strange But True "Tale": What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture, Paul Schiff Berman
UC Law Journal
Few would dispute that law and legal procedures lie at the core of American self-identity and are woven deeply into the fabric of our culture. Indeed, our nation's faith in law has frequently been the subject of criticism. Most recently, self-proclaimed "communitarian" commentators have warned that our insistence on legal solutions is encouraging us to become a society of litigants whose attachment to "rights talk" and legal battles is thwarting our ability to reach consensus on social issues or instill shared values in our communities. While there are many possible responses to such a critique, this Essay offers one that …
Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl
Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl
UC Law SF International Law Review
As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.
This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …
Awards In Pope & Talbot, Inc. V. Government Of Canada: Introduction, William S. Dodge
Awards In Pope & Talbot, Inc. V. Government Of Canada: Introduction, William S. Dodge
Faculty Scholarship
No abstract provided.
How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
How Good Is Good Enough? Expert Evidence Under Daubert And Kumho, David L. Faigman, David H. Kaye, Michael J. Saks, Joseph Sanders
Faculty Scholarship
No abstract provided.
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
Faculty Scholarship
No abstract provided.
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Faculty Scholarship
No abstract provided.
The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray
The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray
Faculty Scholarship
No abstract provided.
From Watergate To Generation Next: Opening Remarks, Rory K. Little
From Watergate To Generation Next: Opening Remarks, Rory K. Little
Faculty Scholarship
No abstract provided.
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Mission Impossible?: Ethical Community Lawyering, Shauna Marshall
Faculty Scholarship
No abstract provided.
Is Global Governance Safe For Democracy?, Joel R. Paul
Is Global Governance Safe For Democracy?, Joel R. Paul
Faculty Scholarship
No abstract provided.
Decanal And Administrative Opportunities In The New Millennium, H.G. Prince
Decanal And Administrative Opportunities In The New Millennium, H.G. Prince
Faculty Scholarship
No abstract provided.
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams
Afterword, Exploring The Economic Meanings Of Gender, Joan C. Williams
Faculty Scholarship
No abstract provided.
The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott
The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott
UC Law SF International Law Review
No abstract provided.
Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff
Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff
UC Law SF International Law Review
The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.
This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …
National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge
National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge
UC Law SF International Law Review
No abstract provided.
Application Of The Elements Of Torture And Other Forms Of Ill-Treatment, As Defined By The European Court And Commission Of Human Rights, To The Incidents Of Domestic Violence, Ela Grdinic
UC Law SF International Law Review
Domestic violence has not traditionally been considered a type of torture. In fact, until recently, many European countries did not even have laws to protect women from domestic assault. However, the development of concepts in international law such as the individual right to petition, the positive obligations of states, the absolute character of certain rights, and the expansion of the application of state responsibility for the acts of private individuals, all provide fertile ground for the recognition of domestic violence as a human rights issue.
This Article argues that incidents of domestic violence in fact satisfy the criteria imposed by …
The Anatomy Of A Chapter Eleven Arbitration: Affidavits, Affiant, And Burdens Of Proof, David J. St. Louis
The Anatomy Of A Chapter Eleven Arbitration: Affidavits, Affiant, And Burdens Of Proof, David J. St. Louis
UC Law SF International Law Review
No abstract provided.
Arbitration Under Nafta Chapter Eleven: Some Pragmatic Reflections Upon The First Case Filed Against Mexico, Clyde C. Pearce, Jack Coe Jr.
Arbitration Under Nafta Chapter Eleven: Some Pragmatic Reflections Upon The First Case Filed Against Mexico, Clyde C. Pearce, Jack Coe Jr.
UC Law SF International Law Review
No abstract provided.
State Responsibility For Denial Of Substantive And Procedural Justice Under Nafta Chapter Eleven, Don Wallace Jr.
State Responsibility For Denial Of Substantive And Procedural Justice Under Nafta Chapter Eleven, Don Wallace Jr.
UC Law SF International Law Review
No abstract provided.
Investment, Environment And Dispute Settlement: Arbitration Under Nafta Chapter Eleven, Joseph De Pencier
Investment, Environment And Dispute Settlement: Arbitration Under Nafta Chapter Eleven, Joseph De Pencier
UC Law SF International Law Review
No abstract provided.
"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd
"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd
UC Law SF International Law Review
On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.
This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.
Some Observations On Chapter Eleven Of Nafta, Daniel M. Price
Some Observations On Chapter Eleven Of Nafta, Daniel M. Price
UC Law SF International Law Review
No abstract provided.
Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner
Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner
UC Law SF International Law Review
After a lengthy impasse in the peace process between Israel and the Palestinian Authority, a series of several agreements designed to foster peace led to the Wye River Memorandum. This agreement, negotiated in conjunction with President Clinton, established concrete steps for each side to take in reaching lasting peace. This Article analyzes the Wye River Memorandum in the context of the legal and political controversies surrounding its adoption and implementation. Additionally, this Article includes a postscript that addresses the recent Al-Aqsa Intifada.
Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz
Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz
UC Law SF International Law Review
This Article addresses the trend toward increasing protection of trademarks in the context of non-confusion. Specifically, this Article analyzes this dynamic as it is occurring in the United Kingdom and Canada. It opens with a brief discussion of trademark protection outside the context of trademark confusion. It then proceeds to an in-depth analysis of trademark dilution in the United Kingdom and Canada, with special attention paid to comparative analysis. By analyzing this trend as it is occurring in these countries, the author provides useful insight into not only what is happening in these countries, but also the implications these developments …
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
UC Law SF Communications and Entertainment Journal
The issue of whether the one year statute of limitations period mandated by California's Talent Agencies Act really means one year has recently been considered by the California Court of Appeal. In Park v. The Deftones, the court held that the one year limitations period is revived when a manager sues an artist. The same court, in Styne v. Stevens, held that while a lawsuit by a manager revived the statute of limitations, it revived it only for an additional one year period. This paper explores the case of Styne, the scope of the Talent Agencies Act, the jurisdiction of …