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Full-Text Articles in Law
The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn
The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn
UC Law SF International Law Review
Two areas of controversy, post-employment limitation of former public servants and whistleblower protection of public servants, provide insight into the differences between the American and British experience in controlling public service ethics. This article compares the American system of ethical controls in the public service through statutory regulation to that of the British system, which relies on limited informal sanctions. The author suggests that the British system of controls, which relies greatly on self-restraint of individual civil servants, provides an opportunity to examine the role of law in the establishment and preservation of public service ethics in the United States …
Updating The Communications Act: New Electronics, Old Economics, And The Demise Of The Public Interest, Peter J. Kokalis
Updating The Communications Act: New Electronics, Old Economics, And The Demise Of The Public Interest, Peter J. Kokalis
UC Law SF Communications and Entertainment Journal
No abstract provided.
Regulating Cable Television, Nicholas P. Miller, Alan Beals
Regulating Cable Television, Nicholas P. Miller, Alan Beals
UC Law SF Communications and Entertainment Journal
No abstract provided.
New Communications Technology: The Emerging Antitrust Agenda, Michael Botein
New Communications Technology: The Emerging Antitrust Agenda, Michael Botein
UC Law SF Communications and Entertainment Journal
No abstract provided.
Cable Television, Government Regulation, And The First Amendment, Henry Goldberg, Robert W. Ross, Phillip L. Spector
Cable Television, Government Regulation, And The First Amendment, Henry Goldberg, Robert W. Ross, Phillip L. Spector
UC Law SF Communications and Entertainment Journal
No abstract provided.
Pirates Walk The Plank: The Unauthorized Interception Of Pay Telelvision Transmissions, John H. Works Jr.
Pirates Walk The Plank: The Unauthorized Interception Of Pay Telelvision Transmissions, John H. Works Jr.
UC Law SF Communications and Entertainment Journal
The purpose of this note is to discuss the unauthorized interception of subscription television transmissions and to explain how the Federal Communications Commission and the courts finally arrived at the conclusion that television piracy is illegal activity. Until recently, there has been very little litigation on this question, and the remedies available to the subscription television services. Subscription television companies have attempted to protect their signals either by scrambling them or by transmitting them over microwave frequencies. Pirates have sold equipment capable of either decoding scrambled signals or receiving microwave transmission. The author makes several recommendations on how the unauthorized …
Supra-National Judicial Decisions And National Courts, Hermann Mosler
Supra-National Judicial Decisions And National Courts, Hermann Mosler
UC Law SF International Law Review
International judicial decisions have been gaining increasing importance, and there is a trend in favor of the application of international law in the national sphere of jurisdiction. Justice Mosler of the International Court of Justice discusses at length the various supra-national courts of universal, regional, and specialized jurisdiction. The Article continues with an analysis of the relationship between national and supra-national courts, forms of supra-national judgments, and the effect of these judgments on the national judiciary of the states party to the action and on non-party states. Finally, the relevance of multilateral treaty systems to the enforcement of international judgments …
Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron
Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron
UC Law SF International Law Review
The "special status" provisions of the Law of the Sea Treaty are limited to "archipelagic states" and a broad interpretation of the provisions to include archipelagos may directly conflict with the interests of large maritime powers to maintain freedom of the High Seas. This Note uses Hawaii as a focal point and discusses the competing policy issues as well as analyzing pertinent provisions of the Treaty in reaching the conclusion that no special status will be accorded the State of Hawaii.
Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland
Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland
UC Law SF International Law Review
To what extent does the National Environmental Policy Act (NEPA) govern transnational exchanges particularly in the area of commercial nuclear exports? In this article, the author details the theoretical and practical integration of various statutory mandates in a search for a coherent United States policy regarding nuclear exports and environmental protection. NEPA and the Nuclear Non-Proliferation Act of 1978 are of special interest in understanding to what extent United States licensing criteria should include examination of foreign environmental impacts.
Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador
Appellate Subject Matter Organization: The German Design From An American Perspective, Daniel J. Meador
UC Law SF International Law Review
Growth in the appellate caseload in the United States has caused a substantial increase in the number of judges and decisional units within a given appellate system. The author notes that a new judicial structure and procedure may be necessary to accommodate this growth. One possible solution is subject matter organization of the courts, a system used in the Federal Republic of Germany. The Article outlines the West, German judicial system, and explains in detail the administration of subject matter organization on the appellate level. The author concludes with a discussion on the possibility of using the German model as …
Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson
Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley
Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley
UC Law SF Communications and Entertainment Journal
No abstract provided.
After Richmond Newspapers: A Public Right To Attend Civil Trials, Doug Gummerman
After Richmond Newspapers: A Public Right To Attend Civil Trials, Doug Gummerman
UC Law SF Communications and Entertainment Journal
In Richmond Newspapers, Inc. v. Virginia, the United States Supreme Court ruled that the public and press have a First Amendment right of access to criminal trials. The 1980 decision left many questions unanswered, however. Among them is whether the public's right to attend will someday be extended to include civil trials. This note analyzes the Richmond decision, examines the history of the public civil trial, and arrives at an answer to this question. The currently-recognized exceptions to the open civil trial are then examined, with particular attention paid to the various state statutes which authorize trial closure in certain …
Communications Behind Bars: Are We Finally Applying The Reasonable Expectation Of Privacy Test To Custodial Conversations, Lynn Soodik
UC Law SF Communications and Entertainment Journal
This note examines the propriety of surreptitious and nonjudicially authorized electronic surveillance of suspects, pretrial detainees, and incarcerated persons during conversations with persons other than interrogating police officers. After discussing the rationale courts have used to deny prisoners protections in their conversations, this note analyzes the California appellate court decision of Robinson v. Superior Court, which held that conversations between spouses are protected by the United States and California Constitutions. Robinson was granted a hearing by the California Supreme Court on June 25, 1980. The author urges that Robinson be upheld, but argues that the decision should be based solely …
The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson
The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson
UC Law SF Communications and Entertainment Journal
This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author rejects a traditional approach to this issue and suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. That is, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they …
Extension Of The Federal Communications Commission's Jurisdiction To The Television Networks, Lance S. Davidson
Extension Of The Federal Communications Commission's Jurisdiction To The Television Networks, Lance S. Davidson
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission's enabling statute, the Communications Act of 1934, provides no statutory authority for the regulation of the television networks. Nonetheless, with judicial approval, the FCC indirectly regulates the networks via its licensing authority over broadcast stations affiliated with the networks and has even promulgated rules by which it directly regulates the networks. This article reviews the case law focusing on the FCC's extension of its jurisdiction to the television networks and to cable television, which is similarly unreferenced in the Act. The article argues that the FCC should have consistent jurisdiction to regulate the cable and broadcast …
Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird
Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird
UC Law Journal
No abstract provided.
Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry
Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry
UC Law Journal
No abstract provided.
Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr.
Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr.
UC Law Journal
The Federal Aviation Administration's Age 60 Rule compels passenger airline pilots to retire at the age of sixty regardless of health or ability to continue flying. This Comment explores various aspects of the application of the Rule to pilots who fly commercial aircraft. The Comment first reviews the history of the Rule. The Comment then examines legal challenges to the Rule and legislative attempts to modify it. Finally, the Comment concludes that the Rule should be revoked in light of advances in medical and aeronautical technology.
Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso
Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso
UC Law Journal
In Arizona ;. Manypenny, the United States Supreme Court held that the federal appeals statute, 28 United States Code section 1291, permits appeals by a state prosecutor in federal court if such appeals are authorized by state law. This Article examines the need for an integrated theory of statutory interpretation to resolve the issue of whether states and territories have a right to appeal in federal court. The Article then addresses the broader issue raised by Manypenny: when should the plain meaning rule be applied and a statutes plain meaning adopted? The Article concludes by offering a comprehensive scheme of …
Copyright Protection For Firmware: An International View, Amy Pierson Bates
Copyright Protection For Firmware: An International View, Amy Pierson Bates
UC Law SF International Law Review
The author discusses methods of protecting computer firmware from competitors. The Note focuses on patent, copyright, trade secret, and other forms of protection in Japan, West Germany, and the United States. In particular the author discusses the terms of several present and proposed international agreements to provide protection for computer firmware.
Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka
Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka
UC Law SF International Law Review
In 1980, Congress established a commission to investigate whether a wrong was committed by the evacuation and internment of Japanese Americans during World War II. The investigation may provide the basis for making reparations to the Japanese Americans involved. The Note compares remedies made available by the Federal Republic of Germany for the extermination and displacement of Jews during World War II with past and possible future remedies for the Japanese Americans. The Note concludes that the precedent set by the Federal Republic of Germany of making reparation on the basis of a moral obligation should be followed by the …
The California Constitution And The California Supreme Court In Conflict Over The Harmless Error Rule, Angus M. Macleod
The California Constitution And The California Supreme Court In Conflict Over The Harmless Error Rule, Angus M. Macleod
UC Law Journal
No abstract provided.
The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy
The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy
UC Law SF International Law Review
Senate Bill 144 is designed to "encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally." The author briefly discusses the current state of the law and the need for an amendment of the Webb-Pomerene Act. The provisions of S. 144 are compared with the Webb Pomerene Act and the article concludes with a discussion of the potential ramifications of the proposed legislation.
Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede
Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede
UC Law SF International Law Review
The role of money in politics is of almost universal concern in Western representative democracies. Each nation addresses different considerations and has devised various means with which to regulate the political financing process. Against this framework, the Note examines the regulations and controls in the United States and West Germany. While the United States has developed an extensive body of regulations designed to strictly control political contributions, West Germany has only certain disclosure requirements of contributions greater than a specified amount. The Note concludes with an analysis of both systems and their respective concerns.
The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck
The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck
UC Law SF International Law Review
The trend of criminal law reform must be examined against the changing attitudes towards crime. This perspective views crime as a display of social conflict which can be resolved through criminal law sanctions. The Article discusses how comparative law is a backdrop for the reform movement on the international, regional, and individual institutional levels. The significance of comparative law is illustrated throughout by specific examples of reform on each level.
On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney
On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney
UC Law SF International Law Review
This Article attempts to identify due process with natural justice and examines the rehabilitation of natural justice in United States administrative law. The Article opens with a discussion of the development of due process in the United States, followed by an examination of the Commonwealth natural justice law. Sources of natural justice in the United States are reviewed, and the author concludes that due process is only a specific application of the natural justice requirements for the right to a fair hearing.
The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden
The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden
UC Law SF International Law Review
International human rights law may give rise to domestically enforceable rights. The Note traces the evolution of international human rights law, and examines the cases in which international human rights law has been applied as authority in United States courts. One obstacle to widespread domestic application of international law is a subjective approach to "self-executing treaty analysis" used by some courts. The Note urges a re-evaluation of the self-executing treaty analysis as applied to changing international human rights law, and suggests that treaties should be evaluated on the basis of the express treaty language, and not on the basis of …
A Critique Of The Abortion Funding Decisions: On Private Rights In The Public Sector, Leslie Friedman Goldstein
A Critique Of The Abortion Funding Decisions: On Private Rights In The Public Sector, Leslie Friedman Goldstein
UC Law Constitutional Quarterly
No abstract provided.
Defense Witness Immunity, Michael R. Boone
Defense Witness Immunity, Michael R. Boone
UC Law Constitutional Quarterly
No abstract provided.