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The Trouble With T-Shirts: Merchandise Bootlegging In The Music Industry, Andrew E. Clark Jan 1983

The Trouble With T-Shirts: Merchandise Bootlegging In The Music Industry, Andrew E. Clark

UC Law SF Communications and Entertainment Journal

Merchandise bootlegging is a serious problem in the music industry. Since potential profits are enormous and the bootleggers' costs of doing business are negligible, a host of entrepreneurs have entered the bootlegging business and are reaping millions of dollars of illicit profits. Artists and licensed merchandisers through legal efforts have helped to alleviate the problem but additional action is required. The author examines bootlegging and analyzes the theories upon which legal actions have been based. In concluding that the current remedies are inadequate, the author proposes legislative solutions that will result in effectively protecting the rights of artists and licensed …


Dispute Resolution In Space, Scott F. March Jan 1983

Dispute Resolution In Space, Scott F. March

UC Law SF International Law Review

As the United States makes strides toward maintaining a permanent presence in space, there is a need for a legal framework to adjudicate disputes arising among men and women working there. Present law does not adequately take into account the unique conditions encountered in space such as isolation, confinement and dangerous environments. This Note proposes that the United States codify substantive and procedural law to facilitate resolution of disputes in space. The code must allow for timely dispute resolution and avoid serious disruption of the mission. The proposal suggests that national, not international, law should form the basis for the …


University Of Baltimore Law Professor Selected For National Award Jan 1983

University Of Baltimore Law Professor Selected For National Award

University of Baltimore Law Forum

No abstract provided.


The Iceperson Cometh: Cryonics, Law And Medicine, George P. Smith Ii Jan 1983

The Iceperson Cometh: Cryonics, Law And Medicine, George P. Smith Ii

Scholarly Articles

The "New Biology" has already made profound impact on the law. Cryonics and genetic engineering represent technological triumphs. The natural, organic process of dying is being replaced by a humanly engineered technological process for living. The dying phase of lite is prolonged until biological knowledge is available to reverse the dying phase and restore the living phase. Both cryonics and genetic engineering in their attempts to replace the organic process with the technological process disturb the delicate balance of the triad of lite which each individual experiences-faith, health, and justice. Since law is a basic tool to achieve justice among …


Illegitimacy: Suggestion For Reform Following Mills V. Halbluetzel, Raymond C. O'Brien Jan 1983

Illegitimacy: Suggestion For Reform Following Mills V. Halbluetzel, Raymond C. O'Brien

Scholarly Articles

In the recent decision of Mills v. Habluetzel, the Supreme Court implies that as technology advances and scientific tests make the determination of biological paternity more certain, the state or governmental interest in avoiding evidentiary problems of false claims, will cease to justify the use of any facile statutory denials of substantive rights claimed by illegitimates First, in the advent of scientific ability to prove the fact of paternity, unrealistic legal prerequisites or statutory limitations extinguishing the rights of illegitimates will not prevail under a constitutional analysis. Second, the use of science implies greater inquiry into all aspects of the …


The Razor’S Edge Of Human Bonding: Artificial Fathers And Surrogate Mothers, George P. Smith Ii Jan 1983

The Razor’S Edge Of Human Bonding: Artificial Fathers And Surrogate Mothers, George P. Smith Ii

Scholarly Articles

This article will examine the plight of the artificial father and surrogate mother by focusing on how the law views artificial insemination. From this focus, the author will explore alternative responses for dealing with problems involving surrogate mothers, donor insemination, and infertility and show their symbiotic, if not direct, relation to the problem of infertility.


In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn Jan 1983

In Re Polovchak: Guidelines For The Grant Of Asylum To A Minor, Cheryl A. Blackburn

Cleveland State Law Review

The Polovchak controversy recently accentuated the absence of clear guidelines applicable to the grant of asylum to a minor. This Note will commence with an exploration of the competing interests which would be affected by the grant of asylum to a minor, including the parents' interest, the minor's interest, and the interest of the state. An analysis of the historical and current federal asylum procedure will follow. After examining In re Polovchak, this Note will recommend that a revision of the current asylum process is necessary to protect individual interests from arbitrary and unjustified decisions. Such a revision would establish …


Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller Jan 1983

Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller

UC Law SF International Law Review

Despite recent considerations weighing against future 'development of nuclear power there are problems created by the substantial number of existing nuclear power plants. Whereas the building and operation of nuclear facilities are covered by detailed legislation, very little attention has been given to nuclear reactor decommissioning. Decommissioning involves the permanent shutdown of a nuclear facility and it is a significant concern as nuclear power plants grow older and more obsolete. This Note discusses what decommissioning is and why it is important and examines the decommissioning policies of three nations with active nuclear power industries: the United States, West Germany, and …


Selected Survey Of Educational Law And Policy Literature Jan 1983

Selected Survey Of Educational Law And Policy Literature

The Journal of Law and Education

No abstract provided.


Beyond The Bargaining Table: Canada’S Use Of Section 115 Of The United States Clean Air Act To Prevent Acid Rain, John L. Sullivan Jan 1983

Beyond The Bargaining Table: Canada’S Use Of Section 115 Of The United States Clean Air Act To Prevent Acid Rain, John L. Sullivan

Cornell International Law Journal

No abstract provided.


Nuclear Weapons And International Law: Prolegomenon To General Illegality, Burns H. Weston Jan 1983

Nuclear Weapons And International Law: Prolegomenon To General Illegality, Burns H. Weston

NYLS Journal of International and Comparative Law

No abstract provided.


The Tax Exempt Status Of Racially Discriminatory Religious Schools - Bob Jones University V. United States, Paul N. Gruber Jan 1983

The Tax Exempt Status Of Racially Discriminatory Religious Schools - Bob Jones University V. United States, Paul N. Gruber

NYLS Journal of Human Rights

No abstract provided.


Adoption And Termination Proceedings In Wisconsin: Straining The Wisdom Of Solomon, Stephen W. Hayes, Michael J. Morse Jan 1983

Adoption And Termination Proceedings In Wisconsin: Straining The Wisdom Of Solomon, Stephen W. Hayes, Michael J. Morse

Marquette Law Review

No abstract provided.


Adoption And Termination Proceedings In Wisconsin: Straining The Wisdom Of Solomon, Stephen W. Hayes, Michael J. Morse Jan 1983

Adoption And Termination Proceedings In Wisconsin: Straining The Wisdom Of Solomon, Stephen W. Hayes, Michael J. Morse

Marquette Law Review

No abstract provided.


Adoption And Termination Proceedings In Wisconsin: A Reply Proposing Limiting Judicial Discretion, Lucy Cooper, Patricia Nelson Jan 1983

Adoption And Termination Proceedings In Wisconsin: A Reply Proposing Limiting Judicial Discretion, Lucy Cooper, Patricia Nelson

Marquette Law Review

No abstract provided.


Adoption Records Reform: Impact On Adoptees, Susan E. Simanek Jan 1983

Adoption Records Reform: Impact On Adoptees, Susan E. Simanek

Marquette Law Review

No abstract provided.


Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver Jan 1983

Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver

Seattle University Law Review

This article examines the scientific basis of hypnosis and concludes that previously hypnotized witnesses are incompetent to testify concerning matters discussed under hypnosis. Unbiased examination of scientific literature discloses that persons under hypnosis are highly motivated to please the hypnotist and therefore are likely to fantasize rather than accurately recall lost memories. After hypnosis these false impressions are fixed as true and the witness is unshakable on cross-examination. Therefore, the McCormick relevancy test is inadequate, and hypnosis tainted testimony, like other scientific evidence, must meet the stricter Frye standard before being presented to the finder of fact. Hypnosis presently does …


Feticide: Murder In Kentucky?, Perry Mack Bentley Jan 1983

Feticide: Murder In Kentucky?, Perry Mack Bentley

Kentucky Law Journal

No abstract provided.


Child Support In The Twenty-First Century, David L. Chambers Jan 1983

Child Support In The Twenty-First Century, David L. Chambers

Book Chapters

Fifty years from now, or a hundred years from now, will absent parents still be held financially liable for the support of their children? Two forces have shaped our current system of private liability. The first is a perception, wholly accurate, of large numbers of children in need, children who cannot be adequately provided for by the single parent with whom they live. The second is a moral judgment about absent parents: that they can be justly required to contribute to their children's support throughout the children's minority. Change may occur in the laws of child support if there cease …


World Population: An Unwishful Assessment, A Hopeful Proposal, Bill Hollingsworth Jan 1983

World Population: An Unwishful Assessment, A Hopeful Proposal, Bill Hollingsworth

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Copyright Protection For Video Games, Computer Programs And Other Cybernetic Works, Marilyn A. Brody Jan 1983

Copyright Protection For Video Games, Computer Programs And Other Cybernetic Works, Marilyn A. Brody

UC Law SF Communications and Entertainment Journal

Computer software is an increasingly important form of intellectual property. Continued investment and development depends on patent or copyright protection, but as Apple v. Franklin demonstrates, courts disagree as to the appropriateness of such protection. Consistent application of the law based on a clear understanding of the underlying technologies is essential. Against this background, and using concepts from cybernetics and information theory, a specialized form of copyright is suggested as the appropriate protection mechanism.


The Child's Right To A Best Interests Psychological Development Under The Declaration Of The Rights Of A Child: Policy Science Reflections On International Law , Psychological Well-Being And World Peace, John Batt Jan 1983

The Child's Right To A Best Interests Psychological Development Under The Declaration Of The Rights Of A Child: Policy Science Reflections On International Law , Psychological Well-Being And World Peace, John Batt

NYLS Journal of Human Rights

No abstract provided.


Deterrence Processes As Minimal Order, Harry H. Almond Jr. Jan 1983

Deterrence Processes As Minimal Order, Harry H. Almond Jr.

NYLS Journal of International and Comparative Law

No abstract provided.


Nuclear Arms Control And Disarmament, Gerard C. Smith Jan 1983

Nuclear Arms Control And Disarmament, Gerard C. Smith

NYLS Journal of International and Comparative Law

No abstract provided.


The Role Of Law Students And Lawyers In The Death Over Nuclear Arms, Robert F. Drinan Jan 1983

The Role Of Law Students And Lawyers In The Death Over Nuclear Arms, Robert F. Drinan

NYLS Journal of International and Comparative Law

No abstract provided.


A Canadian Perspective On The North American Acid Rain Problem, John M. Sibley Jan 1983

A Canadian Perspective On The North American Acid Rain Problem, John M. Sibley

NYLS Journal of International and Comparative Law

No abstract provided.


Published Writings Of A. J. Thomas, Jr., Sally H. Wise, Kay L. Andrus Jan 1983

Published Writings Of A. J. Thomas, Jr., Sally H. Wise, Kay L. Andrus

Journal of Air Law and Commerce

No abstract provided.


Pilot Judgment: Current Developments In Evaluation And Training And Future Issues In Aviation Cases, Michael J. Pangia Jan 1983

Pilot Judgment: Current Developments In Evaluation And Training And Future Issues In Aviation Cases, Michael J. Pangia

Journal of Air Law and Commerce

No abstract provided.


Moral Positivism And The Internal Legality Of Morals, Conrad D. Johnson Jan 1983

Moral Positivism And The Internal Legality Of Morals, Conrad D. Johnson

Valparaiso University Law Review

No abstract provided.


Gender Discrimination In The Military: The Unconstitutional Excusion Of Women From Combat, Jody M. Cramsie Jan 1983

Gender Discrimination In The Military: The Unconstitutional Excusion Of Women From Combat, Jody M. Cramsie

Valparaiso University Law Review

No abstract provided.