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Articles 16351 - 16380 of 17066

Full-Text Articles in Law

Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson Jan 1984

Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson

UC Law SF Communications and Entertainment Journal

The author analyzes the possibility that New York courts have eliminated a minor's common law right to disaffirm contracts under some circumstances. Sections 50 and 51 of New York's Civil Rights Law require the consent of a minor's parent or guardian for use of the minor's name, portrait, or picture. A parent's or guardian's consent may preclude the minor from later disaffirming a contract for the use of his or her name or photograph. The author suggests possible changes in legislation to protect the minor, as well as alternative legal approaches to prevent the use of photographs to which the …

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Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon Jan 1984

Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon

Scholarship Chronologically

The "misappropriation as property" issue has surfaced in Lanham Act

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Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon Jan 1984

Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon

Scholarship Chronologically

Conceptually, what I'm interested in here is the extent to which the labels “tort” and “property” have utility. So I am interested in discovering also what these categories mean, how they can be used, and the danger in their misuse.

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Patent Arbitration: Past, Present And Future, Thomas G. Field Jr Jan 1984

Patent Arbitration: Past, Present And Future, Thomas G. Field Jr

Law Faculty Scholarship

Most attorneys have heard of arbitration, but few have more than a vague idea of what it is or have any experience with it. Patent attorneys are no exception, and many are no doubt wondering about the implications of §294. It was enacted in August of 1982, and went into effect in February 1983: Why was it needed and passed, and what does it mean?

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Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon Jan 1984

Outline Of Issues Key: Revised Version - 1984, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.

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Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon Jan 1984

Note On Individualized V Particularized Entitlement Inquiries - 1984, Wendy J. Gordon

Scholarship Chronologically

My analysis now looks something like this: Some entitlements should be "prima facie" protectible from invasion. That means that there are some entitlements which the owner should be able to protect even if he or she is unable to prove (a) that protection is in the net social interest or (b) that the invader's action is deserving of punishment. I would call these entitlements "property".

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The Policy Implications Of Granting Patent Protection To Computer Software: An Economic Analysis, Jeffrey S. Goodman Jan 1984

The Policy Implications Of Granting Patent Protection To Computer Software: An Economic Analysis, Jeffrey S. Goodman

Vanderbilt Law Review

This Note analyzes the propriety of granting patent law protection to computer software by viewing this problem from economic, legal, public and technological policy perspectives. Part II explains the relationship between computer hardware and software, discusses the role of algorithms in software development,and traces the development of the computer software industry.Part III analyzes the economic policies underlying the patent system. Part IV identifies the patent law principles that are relevant to the software patentability issue and discusses their underlying policy foundations. Part V examines the Supreme Court's application of these principles in the leading software patent cases and concludes that …

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Trade Secret And Copyright Protection Of Computer Software, 4 Computer L.J. 669 (1984), Ray A. Mantle Jan 1984

Trade Secret And Copyright Protection Of Computer Software, 4 Computer L.J. 669 (1984), Ray A. Mantle

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Means-Plus-Function Claims In Computer Related Patent Applications Within The United States, 5 Computer L.J. 25 (1984), Stephen A. Becker Jan 1984

Means-Plus-Function Claims In Computer Related Patent Applications Within The United States, 5 Computer L.J. 25 (1984), Stephen A. Becker

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Trade Secret Protection Of Computer Software, 5 Computer L.J. 77 (1984), Vytas M. Rimas Jan 1984

Trade Secret Protection Of Computer Software, 5 Computer L.J. 77 (1984), Vytas M. Rimas

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Software Rental, Piracy And Copyright Protection, 5 Computer L.J. 125 (1984), Debra S. Wilson Jan 1984

Software Rental, Piracy And Copyright Protection, 5 Computer L.J. 125 (1984), Debra S. Wilson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Computer Copyright Law: An Emerging Form Of Protection For Object Code Software After Apple V. Franklin, 5 Computer L.J. 233 (1984), Anderson L. Baldy Iii Jan 1984

Computer Copyright Law: An Emerging Form Of Protection For Object Code Software After Apple V. Franklin, 5 Computer L.J. 233 (1984), Anderson L. Baldy Iii

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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Copyright Protection For Computer Flow Logic And Algorithms, 5 Computer L.J. 257 (1984), Virginia Johnson Jan 1984

Copyright Protection For Computer Flow Logic And Algorithms, 5 Computer L.J. 257 (1984), Virginia Johnson

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

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The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker Jan 1984

The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission's Prime Time Access Rule (PTAR) forbids television stations affiliated with the major networks from broadcasting certain programs during certain hours if the programs were produced for one of the major networks. The author examines the reasons PTAR is favored by the networks but concludes that PTAR should be repealed since it does not further any goals of network regulation, disregards viewer welfare, and clashes with anticensorship policies. The author suggests that regulatory inaction will increase competition among the networks for viewers, eventually forcing the networks themselves to push for PTAR's repeal.

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Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer Jan 1984

Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer

UC Law SF Communications and Entertainment Journal

Political unrest in many regions of the world presents dangers to journalists, and thereby threatens the free flow of information. UNESCO's proposal to license international correspondents in order to help insure their safe conduct has met with strong criticism from the American press. This commentary examines several human rights instruments and their limited enforceability and suggests that there may be other viable options, including treaties and internal codes of ethics, that would stem the trend of violence against reporters.

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Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz Jan 1984

Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

Should regulated businesses be allowed to diversify into nonregulated areas? And if so, should the ratepayers be required to absorb the losses if these "investment opportunities" turn sour? Examining the landmark AT&T Divestiture Decree, the author argues that recent decisions regarding the permissible scope of outside operations have gone too far afield. By overemphasizing the potential benefits of competition, while underemphasizing important considerations of management psychology, the author feels unlimited diversification operates to everyone's detriment. The author concludes that the present guidelines are unworkable and offers some guiding principles for future decisions.

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Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair Jan 1984

Fair Use Old And New: The Betamax Case And Its Forebears, M. B.W. Sinclair

Articles by Maurer Faculty

No abstract provided.

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Tuning Out The Electorate: Early Network Projections And Decreased Voter Turnout, Jeff Polsky Jan 1984

Tuning Out The Electorate: Early Network Projections And Decreased Voter Turnout, Jeff Polsky

UC Law SF Communications and Entertainment Journal

The author offers evidence that television and radio coverage of elections prior to the closing of polls nationwide influences election results and thereby interferes with the electoral process. The author examines several possible solutions and concludes that the most effective solutions are restrictions on exit-polling and prohibitions against early broadcasts of election result projections. Acknowledging that such restrictions or prohibitions raise first amendment issues, the author argues that the primary purpose of the first amendment is protection of our system of self-government. The author concludes that broadcasts of early election projections deter people from voting and that the first amendment …

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Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen Jan 1984

Remedies For Misappropriation Of Motion Picture And Television Story Ideas, Jonathan D. Cohen

UC Law SF Communications and Entertainment Journal

A storyline is the foundation of any motion picture or television program. However, basic storylines are afforded little protection under the copyright laws. This note analyzes the extent of protection afforded storylines under federal and California copyright law. The author discusses ways an author may fashion his storyline in order to afford it greater copyright protection, as well as remedies available to a storyline writer when infringement does occur.

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Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman Jan 1984

Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman

Loyola University Chicago Law Journal

No abstract provided.

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The Syndication And Financial Interest Rules: Is It A Prime Time For A Change, Robert M. Osher Jan 1984

The Syndication And Financial Interest Rules: Is It A Prime Time For A Change, Robert M. Osher

UC Law SF Communications and Entertainment Journal

The FCC has recently proposed a repeal of the television network syndication and financial interest rules (Rules). The Rules, enacted in 1970, regulate certain network programming practices in an effort to shift more wealth to producers and thereby encourage more diverse and creative programming. The author questions the assumptions underlying the Rules and argues that drastic changes in the television marketplace have rendered the Rules ineffective. He concludes that the Rules should be replaced by new regulations more carefully constructed to prevent unwanted network dominance.

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Stay Tuned For New Technology: The Paradoxes Of The Proposed Financial Interest And Syndication Rules, Eli H. Glovinksy Jan 1984

Stay Tuned For New Technology: The Paradoxes Of The Proposed Financial Interest And Syndication Rules, Eli H. Glovinksy

UC Law SF Communications and Entertainment Journal

As part of its policy of deregulation, the Federal Communications Commission (FCC) has proposed a repeal of the financial interest and syndication rules governing the television industry. This note defines the public interest reasons behind the initial adoption of the rules and analyzes the major arguments for and against repeal. The author discusses the major networks' contention that competition rather than regulation should control the television industry, and contrasts this argument with the Committee for Prudent Deregulation's position that the strength of independent producers should be maintained to insure public interest through diverse programming. Taking this latter approach, the author …

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A Tale Of Two Standards: Antitrust, The Public Interest, And The Television Industry, Edward P. Sangster Jan 1984

A Tale Of Two Standards: Antitrust, The Public Interest, And The Television Industry, Edward P. Sangster

UC Law SF Communications and Entertainment Journal

Until recently, competitive advertising practices required by antitrust laws might have interfered with the statutory obligation of broadcasters to program in the public interest. In United States v. National Association of Broadcasters, the court invalidated a television industry trade agreement that helped broadcasters fulfill their public interest requirement. The court held that the antitrust requirement of free competition outweighed the programming requirement. This note examines the court's decision and analyzes its effect on the FCC's recent deregulation of television advertising practices. The author questions the wisdom of deregulating the industry before the FCC has had the opportunity to study advertising …

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Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky Jan 1984

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky

UC Law SF Communications and Entertainment Journal

In November 1983, the Federal Communications Commission (FCC), in the spirit of deregulation and in response to pressure from broadcasters, changed its policy toward radio and television sponsorship of political debates. Under the old policy, a station could broadcast a debate as a news event and avoid the costs of providing equal time to fringe candidates only if someone else sponsored the debate. Under the new rule, stations can arrange and hold debates in their own studios without any obligation to provide equal time. The author analyzes the potential consequences of the new rule, questioning the propriety of the FCC's …

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Who's Watching The Watchdog: Self-Evaluative Privilege And Journalistic Responsibility In Westmoreland V. Cbs, Inc., Paul A. Weiss Jan 1984

Who's Watching The Watchdog: Self-Evaluative Privilege And Journalistic Responsibility In Westmoreland V. Cbs, Inc., Paul A. Weiss

UC Law SF Communications and Entertainment Journal

This note explores the self-evaluative privilege and its application to newsgathering media defendants in defamation trials. In Westmoreland v. CBS, Inc., defendant CBS was found to have waived the privilege. The author discusses the possible effects of this ruling and argues that the public interest in fostering responsible journalism should foreclose punishing newsgathering organizations that publicly take responsibility for their mistakes. The author concludes that the privilege, with limitations, should be extended to newsgathering media defendants.

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Of And Concerning Real People And Writers Of Fiction, Dan Rose, Charles L. Babcock Jan 1984

Of And Concerning Real People And Writers Of Fiction, Dan Rose, Charles L. Babcock

UC Law SF Communications and Entertainment Journal

Inevitably, real life experiences are the source of all artistic inspiration. Yet, to draw from this source often leaves the author open to potential allegations of libel; fictional characters created entirely in the author's mind are, in fact, "of and concerning" real people. In this article the authors examine the dilemma presented by real people and writers of fiction. By analyzing the creative process and looking at three recent cases, they argue that the current standard is unduly protective of plaintiffs. Only by requiring proof of malicious use of the fiction device as a subterfuge to defame the plaintiff, the …

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Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee Jan 1984

Juvenile Computer Crime - Hacking: Criminal And Civil Liability, Helen W. Yee

UC Law SF Communications and Entertainment Journal

In recent years the increase in both computer literacy and the availability of computer terminals has led to an increase in computer crime. This note examines the state and federal criminal statutes designed to punish computer crimes, and asserts that these statutes are inadequate to deal with the problem of juvenile "hacking." In order to deter teenage "hacking" and better compensate its victims, the author proposes imposing civil liability on juveniles or their parents as an effective and realistic alternative to criminal prosecution of these juveniles.

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The Fcc And Pay Cable: Promoting Diversity On Television, David Coursen Jan 1984

The Fcc And Pay Cable: Promoting Diversity On Television, David Coursen

UC Law SF Communications and Entertainment Journal

The FCC's pay cable policy to increase television diversity through deregulation has backfired. One unforeseen problem has been the rise of basic services, which, unlike subscription services, support themselves with advertising revenues. The author argues that the nonregulation of basic services and the harmful growth of vertical integration in the cable industry prevent television diversity and innovative programming.

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Two-Way Cable Television And Informational Privacy, Kenneth M. H. Hoff Jan 1984

Two-Way Cable Television And Informational Privacy, Kenneth M. H. Hoff

UC Law SF Communications and Entertainment Journal

The advent of interactive cable television will enable subscribers to avail themselves of various services, including catalog shopping and electronic funds transfers, within their own homes. The author is concerned that this increased convenience may be outweighed by the potential threat to privacy. The system can compile detailed information about subscribers that will be easily accessible to government authorities. The author discusses the inadequacy of present laws to protect the consumer and proposes a Model Act that would establish standards to uphold the privacy of subscribers.

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The Plight Of The Personal Manager In California: A Legislative Solution, Gary A. Greenberg Jan 1984

The Plight Of The Personal Manager In California: A Legislative Solution, Gary A. Greenberg

UC Law SF Communications and Entertainment Journal

Personal managers play a critical role in the California entertainment industry, but are not currently regulated by statute. Entertainment unions and licensed talent agencies contend that personal managers perform substantially the same services as talent agents and should be subject to the same regulatory requirements. This note examines the recent legal and administrative rules and the problems these rules create. It discusses possible solutions, concluding with a proposal to amend the Talent Agency Act and create a "Personal Managers Act."

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