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Articles 1 - 30 of 170

Full-Text Articles in Law

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 Nov 2000

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

Hastings Law Journal

No abstract provided.


First-Party Bad Faith: The Search For A Uniform Standard Of Culpability, Dominick C. Capozzola Nov 2000

First-Party Bad Faith: The Search For A Uniform Standard Of Culpability, Dominick C. Capozzola

Hastings Law Journal

No abstract provided.


Shall The Sins Of The Son Be Visited Upon The Father--Video Game Manufacturer Liability For Violent Video Games, David C. Kiernan Nov 2000

Shall The Sins Of The Son Be Visited Upon The Father--Video Game Manufacturer Liability For Violent Video Games, David C. Kiernan

Hastings Law Journal

No abstract provided.


Envy And Jealousy: A Study Of Separation Of Powers And Judicial Review, Laura E. Little Nov 2000

Envy And Jealousy: A Study Of Separation Of Powers And Judicial Review, Laura E. Little

Hastings Law Journal

No abstract provided.


Constitutional Change And International Government, Chantal Thomas Nov 2000

Constitutional Change And International Government, Chantal Thomas

Hastings Law Journal

No abstract provided.


Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner Jan 2000

Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner

Hastings International and Comparative Law Review

No abstract provided.


Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz Jan 2000

Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz

Hastings International and Comparative Law Review

No abstract provided.


Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl Jan 2000

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

Hastings International and Comparative Law Review

No abstract provided.


Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field Jan 2000

Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field

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 Jan 2000

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.


The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett Jan 2000

The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett

Faculty Scholarship

No abstract provided.


Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman Jan 2000

Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman

Faculty Scholarship

No abstract provided.


The Chinese American Challenge To Court-Mandated Quotas In San Francisco's Public Schools: Notes From A (Partisan) Participant-Observer, David I. Levine Jan 2000

The Chinese American Challenge To Court-Mandated Quotas In San Francisco's Public Schools: Notes From A (Partisan) Participant-Observer, David I. Levine

Faculty Scholarship

No abstract provided.


The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray Jan 2000

The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray

Faculty Scholarship

No abstract provided.


Teaching The Cisg In Contracts, William S. Dodge Jan 2000

Teaching The Cisg In Contracts, William S. Dodge

Faculty Scholarship

No abstract provided.


National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge Jan 2000

National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge

Faculty Scholarship

No abstract provided.


Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo Jan 2000

Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo

Faculty Scholarship

No abstract provided.


The Futures Problem, Geoffrey C. Hazard Jr. Jan 2000

The Futures Problem, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets Jan 2000

Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets

Hastings Communications and Entertainment Law Journal

Digital technology and innovation acutely impact copyright law. This article describes the delicate balance between incentives for authors and access to creative works under copyright policy and demonstrates how modem trends and congressional action pose a threat to that balance. The author suggests that the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are unconstitutional and that they threaten to undermine the fundamental economic justifications of copyright law. The author concludes that the anticircumvention measures are also poor public policy because the threat that they pose to competition and innovation are contrary to the expanding technological marketplace.


Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan Jan 2000

Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan

Hastings Communications and Entertainment Law Journal

In National Basketball Association v. Motorola, Inc., the Second Circuit found that the results of a professional sporting event may be appropriated by a commercial pager company and a commercial online service without infringing upon any right of the leagues or the teams. Additionally, the court said that a state could not legislate to protect facts, which remain exempt from federal copyright protection, unless those facts can be considered to be "hot news." This paper suggests that the Second Circuit's holding in Motorola is out of sync with the economic world within which the sports industry operates and that ...


State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva Jan 2000

State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva

Hastings Communications and Entertainment Law Journal

Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, court reports or administrative compilations. The author reviews the ...


Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton Jan 2000

Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton

Hastings Communications and Entertainment Law Journal

In response to a vast concern about the widespread availability of pornographic materials on the Internet, the United States legislature passed the Communications Decency Act of 1996. Just prior to this legislation, the Australian government began investigating possible regulatory schemes for online content, culminating in the Broadcasting Services Amendment of 1999, which attempted to address the presence of pornographic material on the Internet. This article discusses, compares and analyzes the American and Australian systems of content regulation on the Internet and the effect that such legislation has had on content hosts.


New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate Jan 2000

New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate

Hastings Communications and Entertainment Law Journal

The distribution of films, specifically independent films, over the Internet often violates the distribution rights of multiterritorially distributed films created before Internet distribution was foreseeable. This article explores the history and development of Internet-distributed entertainment, what Internet distribution means to the independent film industry, how new technology clauses have been interpreted and why Internet distribution requires a fresh construction of these clauses, as well as the role technology plays in preventing problems with Internet distribution. The author poses an equitable solution to make Internet distribution possible and lucrative for all parties under United States and international copyright laws.


Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi Jan 2000

Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi

Hastings Communications and Entertainment Law Journal

Although Japanese courts, specifically the Japanese Supreme Court in February of 1999, have taken recent steps to curtail insider trading in Japan, the spread of the Internet and new forms of communication technologies may make enforcement of insider trading regulations much more complex. Such activities have become increasingly difficult to detect, and for instance, there are many cases in the United States illustrating the possibility of abuse of the new technologies to promote securities crimes on the Internet. This Note explores the impact of new technologies on the insider trading problem in Japan. It presents the historical problems of insider ...


Tribute In Memory Of Herbert Wechsler, Geoffrey C. Hazard Jr. Jan 2000

Tribute In Memory Of Herbert Wechsler, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Awards In Pope & Talbot, Inc. V. Government Of Canada: Introduction, William S. Dodge Jan 2000

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 Jan 2000

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 Future Of The Federal Death Penalty, Rory K. Little Jan 2000

The Future Of The Federal Death Penalty, Rory K. Little

Faculty Scholarship

No abstract provided.


In Memoriam: Gary Bellow, Beatrice A. Moulton, Gerald E. Frug, John D. Hamilton, Jr. Jan 2000

In Memoriam: Gary Bellow, Beatrice A. Moulton, Gerald E. Frug, John D. Hamilton, Jr.

Faculty Scholarship

No abstract provided.


Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa Jan 2000

Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.