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Full-Text Articles in Law
Golfers' Tort Liability - A Critique Of An Emerging Standard, Daniel E. Lazaroff
Golfers' Tort Liability - A Critique Of An Emerging Standard, Daniel E. Lazaroff
UC Law SF Communications and Entertainment Journal
This article argues that the recklessness standard applied by most contemporary courts to tort claims initiated by one sports participant against a co-participant is inappropriate in the context of golf. Rather, Professor Lazaroff asserts that golf is an activity in which a negligence standard should apply and that this lower threshold for liability can be utilized without chilling participation or altering the inherent nature of the sport. In sum, the recklessness standard generally used for more active or contact sports is unnecessary in the more passive and genteel setting of golf competition.
Your Trade Secret Is Safe With Us: How The Revision To Federal Rules Of Civil Procedure Makes Discovery Presumptively Confidential, Kurt Putnam
UC Law SF Communications and Entertainment Journal
This note addresses the debate in circuits regarding the propriety of stipulated protective orders to protect trade secrets in federal litigation. Putnam explores the approaches utilized by the 2nd and 1st Circuits, analyzing them in light of the former rules and the common law, respectively. He takes the position that the 2000 revisions to the Federal Rules of Civil Procedure to Rule 5(d) and a Rule 26(c) protective order help protect parties' confidentiality during litigation.
Ownership Issues In The Digital Divide, Yale M. Braunstein
Ownership Issues In The Digital Divide, Yale M. Braunstein
UC Law SF Communications and Entertainment Journal
Unlike broadcast and telecommunications media, the Internet has developed largely without governmental regulation both in terms of service and content providers. Major communications and media firms essentially control both access to and content of the Internet. Policies to promote access to the Internet are crucial in closing the gap in the digital divide. This article focuses on how the concentration of ownership impacts Internet access and content, as well as on how industry structure affects broadband access.
Facing The Music: The Dubious Constitutionality Of Facial Recognitiontechnology, John J. Brogan
Facing The Music: The Dubious Constitutionality Of Facial Recognitiontechnology, John J. Brogan
UC Law SF Communications and Entertainment Journal
Recent advances in biometric identification technology, along with ever more extensive databases of information about ordinary citizens, inspire concern among civil liberties advocates about whether there are any meaningful limits on government's ability to keep track of ordinary citizens. In this Article, Professor Brogan discusses facial recognition technology, and argues that courts should draw a distinction between wide area scans, which should be severely limited or banned, and focused facial scans, which may be allowable under limited circumstances involving particularized suspicion.
Figure This: Judging Or Federal Fraud? A Proposal To Criminalize Fraudulent Judging And Officiating In The International Figure Skating Arena, Kelly Koenig Levi
Figure This: Judging Or Federal Fraud? A Proposal To Criminalize Fraudulent Judging And Officiating In The International Figure Skating Arena, Kelly Koenig Levi
UC Law SF Communications and Entertainment Journal
In 2002, the "Salt Lake Scandal" - in which it was revealed that judges had colluded to predetermine the gold medal winners of figure skating events - tarnished the public image of the sport of international figure skating. However, aside from the involvement of an alleged Russian mobster, the scandal came as no surprise to competitive figure skaters or their followers. In this Article, Professor Levi argues that the fraudulent activity prevalent in international figure skating judging and officiating is comparable to the behavior prohibited by current federal fraud statutes, and proposes federal legislation to address the problem.
Speaking Out Of Thin Air: A Comment On Hurley V. Irish-American Gay, Lesbian And Bisexual Group Of Boston, Randall P. Bezanson, Michele Choe
Speaking Out Of Thin Air: A Comment On Hurley V. Irish-American Gay, Lesbian And Bisexual Group Of Boston, Randall P. Bezanson, Michele Choe
UC Law SF Communications and Entertainment Journal
The appropriation and use of others' speech - through quotation, compilation, or republication - is ubiquitous; however, traditional First Amendment jurisprudence is often at a loss when it confronts "speech selection judgments." In this Comment, the Authors explore the phenomenon of speech selection, and the attributes of speaking and communication that may account for its status as speech under the First Amendment. The Authors then analyze the Supreme Court's reasoning in a single case, Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, according to four different theories of speech and communication; in order to comment on ambiguities inherent …
Smells Like Slavery: Unconscionability In Recording Industry Contracts, Phillip W. Hall Jr.
Smells Like Slavery: Unconscionability In Recording Industry Contracts, Phillip W. Hall Jr.
UC Law SF Communications and Entertainment Journal
The music recording industry today is fundamentally broken: artists are in open revolt against the labels over their recording contracts; and one U.S. Senator has even stated, "this is the only industry in which after you pay off the mortgage the bank still owns the house." In this Note, Phillip Hall argues that although the equitable doctrine of unconscionability is clearly satisfied by the substantive and procedural unfairness in standard industry recording contracts, flaws in the judicial process make it unfeasible for most artists to seek relief in the courts; thus, what is needed to save the industry is legislation …
Free As The Air: Rethinking The Law Of Story Ideas, Brian Devine
Free As The Air: Rethinking The Law Of Story Ideas, Brian Devine
UC Law SF Communications and Entertainment Journal
This note discusses idea submissions in Hollywood, arguing for the necessity of idea protection in the entertainment industry. As in copyright, the law should provide protection for ideas to promote progress and incentives to create, thus achieving the aims of intellectual property. Devine states that the most significant form of protection for ideas is achieved through contract law, and he argues that preemption by federal copyright law is endangering idea protection.
The Tragicomedy Of The Public Domain In Intellectual Property Law, Samuel Oddi
The Tragicomedy Of The Public Domain In Intellectual Property Law, Samuel Oddi
UC Law SF Communications and Entertainment Journal
As the overall amount of protected and protectable subject matter expands, duration of protection grows longer, and overlap between types of protection increases, constituencies who rely upon intellectual subject matter as stimuli for the creative process grow concerned about incursions of the private domain into the public. This Article explores the relationship between the public domain as a source of sensory stimuli, the creative process as a generator of ideas, and the interaction among the public and private domains and the intellectual process - both in a "state of nature" and under the protections of an intellectual property system - …
Digital Divide: Myth, Reality, Responsibility, Nicholas W. Allard
Digital Divide: Myth, Reality, Responsibility, Nicholas W. Allard
UC Law SF Communications and Entertainment Journal
The author explores the fundamental benefits of eliminating the digital divide. Improving access to technology is both a positive thing with respect to social conscience, but it is an imperative of democracy, as well as making fundamentally good, hardheaded economic sense. John Nash's game theory applies, expounding the benefits of selfish self-interest for individuals, for social groups and for society as a whole.
The Digital Divide And Equal Access To Justice, Mark Lloyd
The Digital Divide And Equal Access To Justice, Mark Lloyd
UC Law SF Communications and Entertainment Journal
This article begins by considering the problem of equal access to justice between those with access to communication technology and those without. It then goes on to challenge the current market-centered technology by exploring some of the dangers and limits of new communications technology as a corrective to a problem that has long divided rich and poor, a problem that defines the degree to which we can truly call ourselves a civilization, and the real and important opportunities made possible by new technologies.
An Economic Assessment Of Ucita, Robert W. Hahn, Anne Layne-Farrar
An Economic Assessment Of Ucita, Robert W. Hahn, Anne Layne-Farrar
UC Law SF Communications and Entertainment Journal
The Uniform Computer Information Transactions Act ("UCITA") is a model contract law for computer products. This note examines the potential advantages and disadvantages of adopting the UCITA and discusses its effects on consumer transactions. Benefits include reducing costs and providing a consistent standard of law. Hahn and Layne-Farrar conclude that the prospective benefits of passage of the UCITA outweigh any potential burdens.
The Inevitable Disclosure Doctrine: Inequitable Results Are Threatened But Not Inevitable, Adam Gill
The Inevitable Disclosure Doctrine: Inequitable Results Are Threatened But Not Inevitable, Adam Gill
UC Law SF Communications and Entertainment Journal
Currently, courts have split on the issue of whether the inevitable disclosure doctrine ("IDD") applies in California. This note analyzes the IDD, its possible adoption in California, potential pitfalls, and ways to alleviate problems that may arise. Gill argues that the doctrine poses an obstacle to employee mobility and innovation, and proposes standards for applying the doctrine in California.
The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer
The Global Digital Divide: Focusing On Children, Susanna Frederick Fischer
UC Law SF Communications and Entertainment Journal
Professor Fischer takes a comparative look at children's access to information and communications technologies (ICT) in six countries across five continents- the United States, the United Kingdom, France, Australia, Mongolia, and Tanzania. Children's levels of access to ICT is strongly linked to the "global development divide." The article explores the difference between access in highly developed countries and lesser developed countries. The article further explores the extent of the global developmental divide, including the potentially bleak future facing children born in less developed countries. Next the article explores both sides of the debate that simply increasing ICT access can eliminate …
The Fcc's Third Report On Broadband Deployment: Inequitable, Untimely And Unreasonable, Allen S. Hammond
The Fcc's Third Report On Broadband Deployment: Inequitable, Untimely And Unreasonable, Allen S. Hammond
UC Law SF Communications and Entertainment Journal
This article challenges the findings of the February 2002 report of the Federal Communications Commission regarding the status of broadband advanced network and high-speed service development in the US. The author questions the reports conclusion that current network development is reasonable and timely, based on both the data itself and contradictory evidence. Further, the Commission's measurement is inadequate to determine the extent of service. The article advocates that inadequate measurements should not be a basis for deregulating the industry at a time when future availability of technology will dramatically impact the lives of many Americans.
Digital Divide, Digital Opportunities: A Statistical Overview, Lee Price
Digital Divide, Digital Opportunities: A Statistical Overview, Lee Price
UC Law SF Communications and Entertainment Journal
Excerpted from remarks made at the Comm/Ent Symposium on the Digital Divide.
Equality And The Digital Divide, Gerald Doppelt
Equality And The Digital Divide, Gerald Doppelt
UC Law SF Communications and Entertainment Journal
Although distribution of computers and Internet access is important in equalizing information access, this article considers the concept of digital literacy. People not only need access to information, but an understanding of what to do with the knowledge acquired. Explore with Professor Doppelt the idea that the digital divide is a new aspect to the literacy divide, and the crucial role that education in public schools plays in equalizing opportunity.
On The Digital Divide: Selected Remarks, Carl Wood
On The Digital Divide: Selected Remarks, Carl Wood
UC Law SF Communications and Entertainment Journal
Excerpted from remarks made at the Comm/Ent Symposium on the Digital Divide.