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Articles 1 - 30 of 135
Full-Text Articles in Law
Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back
Improperly Performed Abortion As Fetal Homicide: An Uneasy Coexistence Becomes More Difficult, Laura E. Back
UC Law SF Journal on Gender and Justice
Is the difference between abortion and fetal homicide the pregnant woman's choice-or the provider's medical license? Reports of a recent Texas case suggest that ever-proliferating fetal homicide laws may be applied to charge non-medical abortion providers with murder. Although the state has legitimate interests in protecting women's health through prohibition of dangerous non-medical abortions, it defies justice to enforce such prohibitions by charging violators with murder of the aborted fetus. This Note explores how constitutional limitations on permissible state interests in regulating abortion provide a basis for Eighth Amendment proportionality and due process challenges to this misuse of fetal homicide …
Claim Construction, Appeal, And The Predictability Of Interpretive Regimes, Jeffrey A. Lefstin
Claim Construction, Appeal, And The Predictability Of Interpretive Regimes, Jeffrey A. Lefstin
Faculty Scholarship
No abstract provided.
Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett
Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett
Faculty Scholarship
No abstract provided.
The Test That Ate Everything: Intermediate Scrutiny In First Amendment Jurisprudence, Ashutosh Bhagwat
The Test That Ate Everything: Intermediate Scrutiny In First Amendment Jurisprudence, Ashutosh Bhagwat
Faculty Scholarship
No abstract provided.
Fiction, Form, And Substance In Subchapter K: Taxing Partnership Mergers, Divisions, And Incorporations, Heather M. Field
Fiction, Form, And Substance In Subchapter K: Taxing Partnership Mergers, Divisions, And Incorporations, Heather M. Field
Faculty Scholarship
No abstract provided.
The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin
The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin
Faculty Scholarship
No abstract provided.
Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo
Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo
Faculty Scholarship
No abstract provided.
Justice Should Be Done, But Where? The Relationship Between National And International Courts, Naomi Roht-Arriaza, Laura Dickinson, Christopher K. Hall, Paul Seils
Justice Should Be Done, But Where? The Relationship Between National And International Courts, Naomi Roht-Arriaza, Laura Dickinson, Christopher K. Hall, Paul Seils
Faculty Scholarship
No abstract provided.
The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller
The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Family Responsibilities Discrimination: Don't Get Caught Off Guard, Joan C. Williams, Consuela A. Pinto
Family Responsibilities Discrimination: Don't Get Caught Off Guard, Joan C. Williams, Consuela A. Pinto
Faculty Scholarship
No abstract provided.
Glacier National Park, Kelly Decker
Glacier National Park, Kelly Decker
UC Law Environmental Journal
No abstract provided.
The Endangered Species Act: Reform Or Refutation?, Brian E. Gray
The Endangered Species Act: Reform Or Refutation?, Brian E. Gray
UC Law Environmental Journal
No abstract provided.
Weekend Bliss At Utica Reservoir In California’S Majestic Stanislaus National Forest, Loulena Miles
Weekend Bliss At Utica Reservoir In California’S Majestic Stanislaus National Forest, Loulena Miles
UC Law Environmental Journal
No abstract provided.
Tomales Bay, Kelly Franger
“Heaven Shines On Puget Sound” Seattle, Washington, June 2003, Brad Daniels
“Heaven Shines On Puget Sound” Seattle, Washington, June 2003, Brad Daniels
UC Law Environmental Journal
No abstract provided.
Dogs Vs. Birds: Negotiated Rulemaking At Fort Funston, Robin Mccall
Dogs Vs. Birds: Negotiated Rulemaking At Fort Funston, Robin Mccall
UC Law Environmental Journal
No abstract provided.
Life Under The Republicans: The Subversion Of Democracy In The House Resources Committee, Erica Rosenberg
Life Under The Republicans: The Subversion Of Democracy In The House Resources Committee, Erica Rosenberg
UC Law Environmental Journal
No abstract provided.
Mccloud River Waterfall, Mccloud, California, Arielle Harris
Mccloud River Waterfall, Mccloud, California, Arielle Harris
UC Law Environmental Journal
No abstract provided.
If Not Now, When? The California Global Warmingsolutions Act Of 2006: California's Final Steps Toward Comprehensive Mandatory Greenhouse Gas Regulation, Matthew Visick
UC Law Environmental Journal
No abstract provided.
International Law And Legitimacy And The Palestine Question, Rashid Khalidi
International Law And Legitimacy And The Palestine Question, Rashid Khalidi
UC Law SF International Law Review
In this speech delivered at the Fourth Annual Rudolf B. Schlesinger Memorial Lecture on October 25, 2006, Rashid Khalidi discussed aspects of the history of how international law and the growing 20th century framework of international legitimacy emerging from the League of Nations and the United Nations have intersected with the issue of Palestine over the past century or so. Indeed, in some measure, the treatment of the Palestine issue by these two bodies has shown the limits of international law, and of an international order founded on it. In making policy on Palestine over most of the past century, …
From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer
From Mice To Men: Genetic Doping In International Sports, Kristin Jo Custer
UC Law SF International Law Review
Elite athletes have a long history of using various doping methods to enhance performance, from ingesting cocaine to injecting growth hormones. The World Anti-Doping Agency has taken a number of steps to rid sports of doping to level the playing field for all athletes. A new frontier in doping, however, is beginning to emerge in the form of genetic doping, whereby athletes may alter their genetic makeup to improve performance and speed recovery from injuries. This note discusses various legal implications and concerns of the rising threat of genetic doping to international sports.
You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole
You Say You Want A Revolution: Argentina's Recovered Factory Movement, Adam David Cole
UC Law SF International Law Review
The Recovered Factory Movement in Argentina - in which workers assume control and ownership of factories abandoned by their owners - has piqued the interest of social activists worldwide. However, despite a noticeable buzz within leftist circles, the movement has received little more than a cursory examination from its enthusiasts. This note attempts to nudge the discourse in a substantive direction by explaining the pertinent law, discussing the changes sought by the movement, and analyzing the accompanying policy issues. In so doing, this note is meant to serve as a starting point to encourage more exhaustive treatment of the relevant …
Ireland Goes Bananas: Irish Insider Trading Law And Price-Sensitive Information After Fyffes V. Dcc, Jeremiah Burke
Ireland Goes Bananas: Irish Insider Trading Law And Price-Sensitive Information After Fyffes V. Dcc, Jeremiah Burke
UC Law SF International Law Review
In Fyffes v. DCC, the Irish High Court ruled that James Flavin, a non-executive director of the banana distributer, Fyffes PLC, did not engage in insider trading. The case is Ireland's most significant ruling on insider trading because it clarifies the test, under Irish law, for determining whether information available to an insider is price-sensitive. A comparison of Irish and American securities law reveals that an American court may have viewed Flavin's dealings as insider trading because American courts focus on whether non-public information is material. While Fyffes was not a sympathetic plaintiff, the Irish statutory focus on price-sensitive information …
End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode
End-Of-Life Decisionmaking For Patients In Persistent Vegetative States: A Comparative Analysis, Suzanne Rode
UC Law SF International Law Review
The attention that the Schiavo case has brought to end-of-life decisionmaking presents an opportunity to re-examine current laws addressing treatment for incompetent patients. In the United States, the right to self-determination is the primary value in making treatment decisions for incompetent patients. Alternatively the United Kingdom and Australia recognize a more objective "best interest" approach, and Japan places primary importance on the role of families in end-of-life decisionmaking. This note describes these different approaches to making treatment decisions for patients in persistent vegetative states and explores how the "best interest" and family-centered approaches can inform and improve healthcare law in …
The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan
The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan
UC Law SF International Law Review
U.N. peacekeeping operations have traditionally been expected to adhere to three key principles: they must operate with the consent of the host state, they must act impartially and they must limit their use of force to self-defense. This article focuses on the final characteristic, the self-defense principle, and chronicles the attitude of the U.N. towards its observance. As the article will show, there have been three main periods where the self-defense principle has been ignored: with ONUC operation in the Congo in the early 1960s, with several missions in the early 1990s and, finally, with the current period, beginning in …
Network Neutrality And Industry Structure, T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
Network Neutrality And Industry Structure, T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
UC Law SF Communications and Entertainment Journal
In its attempt to establish rules that preserve the "openness" of the Internet, the federal government has recently considered implementing various regulatory constraints on the behavior of broadband service providers in order to ensure that consumers can freely access third-party applications over broadband networks without the fear that the network provider will deteriorate transmission to third-party services in favor of their own. Adopting these proposed "Network Neutrality" requirements, however, could exacerbate the very highly-concentrated industry structure by increasing industry concentration, and plausibly even rendering monopoly. Such forced commoditization of broadband access will leave consumers unambiguously worse off.
Antitrust And Sports League Franchise Relocation: Bringing Raiders I Into The Modern Era Of Antitrust Law, Brett Gibbs
Antitrust And Sports League Franchise Relocation: Bringing Raiders I Into The Modern Era Of Antitrust Law, Brett Gibbs
UC Law SF Communications and Entertainment Journal
Sports relocation is traumatic for die-hard sports fans. History and long-standing tradition are often thrust aside in pursuit of lucrative offers of stadium financing. Scholars often cite the leading case on sports relocation, Los Angeles Memorial Coliseum v. National Football League (Raiders I), for the proposition that restrictions on sports franchise relocation are illegal under the Sherman Act. However, since Raiders I, there have been two significant developments in antitrust law: the in-depth rule of reason approach and the "small but significant increase in price" approach. In light of these developments, sports leagues should not blindly rely on Raiders I, …
Who Owns A Home Run - The Battle Of The Use Of Player Performance Statistics By Fantasy Sports Websites, Jason Shane
Who Owns A Home Run - The Battle Of The Use Of Player Performance Statistics By Fantasy Sports Websites, Jason Shane
UC Law SF Communications and Entertainment Journal
Fantasy sports are becoming increasingly popular, and with the increase in popularity comes an increase in legal scrutiny. Fantasy sports trade on the statistics of professional athletes. This raises the question: who owns these statistics? Copyright law, the right to publicity and the First Amendment are all implicated. Ultimately, the public interest in this information trumps assertions of ownership by both the professional athletes and the leagues in which they play.
Fisher Of Genes: Patentability Of Expressed Sequence Tags, Joshua Kim
Fisher Of Genes: Patentability Of Expressed Sequence Tags, Joshua Kim
UC Law SF Communications and Entertainment Journal
The patentability of Expressed Sequence Tags (ESTs), small fragments of DNA that scientists use to identify genes, has been a topic of heated debate in intellectual property law and the scientific community. Much of the debate encompasses the far-reaching consequences of effectively placing control of thousands of ESTs into the hands of a few patent holders. In re Fisher, a recent Federal Circuit decision, was anticipated to settle the question of EST patentability, but may have failed to establish a decisive standard. A more workable standard calls for a clearer articulation of specific utility requirements as well as non-obviousness standards …
The Fourth Amendment And Cell Phone Location Tracking: Where Are We, Kevin Mclaughlin
The Fourth Amendment And Cell Phone Location Tracking: Where Are We, Kevin Mclaughlin
UC Law SF Communications and Entertainment Journal
Cell phones are a way of life in our society. While most people readily use their cell phones, they don't realize that cell phones also provide signals to track their location. This manner of cell phone tracking may be a violation of the Fourth Amendment right to be free of unreasonable searches and seizures. Under the test developed in Katz and its progeny, depending on a number of factors, cell phone tracking may qualify as a reasonable search. However, because cell phone tracking appears to implicate a number of core Fourth Amendment doctrines, it appears to constitute an unreasonable search.