Law Commons^™

Presence And Absence In Lochner: Making Rights Real, Eileen A. Scallen

UC Law Constitutional Quarterly

No abstract provided.

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …

Bay In Peril, Jane Kay

UC Law Environmental Journal

No abstract provided.

Summary And Analysis, David Fullerton

UC Law Environmental Journal

No abstract provided.

Autumn, Rainer Maria Rilke

UC Law Environmental Journal

No abstract provided.

Economic Incentives And Nonpoint Source Pollution, Chelsea H. Congdon, Terry F. Young, Brian E. Gray

UC Law Environmental Journal

No abstract provided.

Baseball's Antitrust Exemption, Michael H. Juarez

UC Law SF Communications and Entertainment Journal

Major League Baseball (Baseball) traditionally has enjoyed an exemption from antitrust laws even though Baseball is a business that clearly engages in interstate commerce. This antitrust immunity has allowed owners to restrict franchise expansion and relocation as well as to shackle players to a given team by using the reserve system. 1993 congressional hearings indicate that Congress has maintained the exemption in exchange for Baseball acting in the best interests of the American public. However, incidents over the past few years point to Baseball's repeated disregard of the public interest. This Note contrasts the relevant case law and congressional response …

Emerging Antitrust Issues Affecting The Computer Industry, Kelly A. O'Connor

UC Law SF Communications and Entertainment Journal

Computer industry marketing practices have been subject to frequent challenge under U.S. antitrust laws since the early 1980s. These challenges have principally been based on tying arrangement analysis under section 1 of the Sherman Act and section 3 of the Clayton Act, or monopolization under section 2 of the Sherman Act. This article discusses the background of the Supreme Court's treatment of computer industry marketing practices under U.S. antitrust law, establishes qualifications for acceptable marketing practices by reviewing the recent Supreme Court decisions Eastman Kodak Co. v. Image Technical Services and Data General Corp. v. Grumman System Support Corp., and …

The Know-How Gap In The Trips Agreement: Why Software Fared Badly, And What Are The Solutions, J. H. Reichman

UC Law SF Communications and Entertainment Journal

The TRIPS Agreement establishes universal minimum standards of intellectual property protection that will enable software producers to repress the wholesale duplication of their products in the global marketplace. These standards, however, will not effectively require World Trade Organization member states to issue software patents or to provide copyright protection for the functionally determined components of computer programs that account for most of their commercial value. Nor does this Agreement prevent the reverse engineering of technical ideas by honest means if competitors express their analytical results in independently created programs.

This Article discusses the impact of the TRIPS provisions governing patents, …

American Geophysical Union V. Texaco: Is The Second Circuit Playing Fair With The Fair Use Doctrine, Shannon S. Wagoner

UC Law SF Communications and Entertainment Journal

In American Geophysical Union v. Texaco, the Second Circuit held that a corporate employee's unauthorized photocopying of eight journal articles for personal research and reference is not a fair use under the Copyright Act. This decision tested the legal parameters of photocopying by for-profit institutions, and established that traditional copying practices will now expose many private organizations to infringement liability. This Note examines the Texaco case, the Copyright Act, and the Copyright Clearance Center, an organization which played a pivotal role in the Second Circuit's decision. The author contends that the Texaco decision is contrary to the original purpose of …

Swifties, Shifties, And That E-Biz Jazz: The Ethical Roles Of Attorney/Literary Agents, Bruce S. Stuart

UC Law SF Communications and Entertainment Journal

It is no secret that attorney authors are making their mark on the book publishing industry as books by and about lawyers occupy more than a fair share of both THE NEW YoRK TIMES and PUBLISHER'S WEEKLY bestseller lists. But what about the lawyers behind the scenes-those who broker those bestseller deals? From the late literary agent extraordinaire Swifty Lazar to power literary deal maker Morton Janklow, this Article will examine how the attorney literary agent evolved and the ethical considerations incumbent upon attorneys who also don the hat of author representative.

This article will demonstrate through the use of …

A Proposed Defamation Standard For Commercial Information Systems, Frank P. Darr

UC Law SF Communications and Entertainment Journal

The computer bulletin board presents a difficult legal problem when defamation is at issue. Because defamation standards vary with the role of the publisher in the distribution process, the legal responsibility of the bulletin board's sponsor is uncertain.

This Article criticizes the current analogical approach used by the courts. It also rejects the negligence and strict liability rules. Instead, the Article proposes a "reason to know and reasonable time to remove standard," which comports with constitutional requirements, practical limits to preventing defamation, and the countervailing need to prevent injury.

Facilitating Telemedicine: Reconciling National Access With State Licensing Laws, Stacey Swatek Huie

UC Law SF Communications and Entertainment Journal

Telemedicine is a growing phenomenon which is being promoted by the states, the federal government, and private groups. Telemedicine offers many benefits not available through traditional forms of medical practice. As certain practices involved in telemedicine conflict with state licensing laws, a solution balancing the needs of telemedicine against the states' interest in preserving the health and safety of their citizens is needed if telemedicine is to prosper. This Note outlines the benefits and problems associated with telemedicine, discusses the current state licensing laws and the dangers those laws seek to prevent, and proposes solutions reconciling the two.

Berne, Cfta, Nafta & (And) Gatt: The Implications Of Copyright Droit Moral And Cultural Exemptions In International Trade Law, Stephen Fraser

UC Law SF Communications and Entertainment Journal

Beginning with the United States' accession to the Berne Union in 1988-89, through the negotiations for the Canada-United States Free Trade Agreement (CFTA), the North American Free Trade Agreement (NAFTA), and the latest round of the General Agreement on Tariffs & Trade (GAIT), copyright law and its attendant industries have become important foci in the area of international trade. Although the United States may be the world leader in the dissemination of movies, television programs, music, and books and even though through Berne, CFTA, NAFTA, and GATT the United States has managed to obtain increased protection for copyrighted content, it …

Telecommunications In The United Kingdom: A Prototype For Deregulation Or A Flash In The Pan, Sean P. Farrell

UC Law SF Communications and Entertainment Journal

The United Kingdom maintains the world's most extensively deregulated telecommunications market. This Note examines the United Kingdom's history of telecommunications deregulation, the principal components of its deregulatory efforts, and the results obtained thus far. With respect to the principal components of deregulation, this Note's analysis focuses upon the United Kingdom's regulatory policy decisions, the efficacy of the British regulatory agency, and the adaptability of the British regulatory framework. In addition to drawing certain conclusions regarding the United Kingdom's deregulatory success, this Note also offers some general comparisons regarding proposed regulatory reforms within the United States.

An Outline Of History Of Environmental Law And Administration In Poland, Daniel H. Cole

UC Law SF International Law Review

Poland is reputed to be one of the world's most polluted countries. It is commonly, but mistakenly, supposed that Polish governments, especially during the communist era, made no serious effort to protect the environment. This Article outlines Poland's long history of environmental and nature protection, from medieval statutes protecting the European bison and centuries old sanitation laws regulating city sewers, to communist-era laws designed to control industrial pollution through the innovative (if ironic) use of market mechanisms. The final section of the Article describes current efforts to improve environmental protection in the post-socialist Republic of Poland.

Changing Money: Foreign Exchange Reform In The People's Republic Of China, Larry L. Drumm

UC Law SF International Law Review

Completed shortly before the controversial $100 million Lehman Brothers civil lawsuit against two ,Chinese firms over foreign exchange obligations made headlines, this Note provides a detailed overview of the development of PRC's complex foreign exchange system before the time of the suit and includes a full explanation of the 1994 overhaul, its causes and implications.

In succession, the Note explores the history of the system, the problems the foreign exchange system presented to foreign direct investment, the crisis believed to have prompted the 1994 reforms and finally the form and potential impact of the reforms on foreign direct investment and …

Justice On The Far Side Of The World: The Continuing Problem Of Misconduct By Civilians Accompanying The Armed Forces In Foreign Countries, Thomas G. Becker

UC Law SF International Law Review

This Article examines the legal challenge presented when civilians who accompany the United States military at its bases in foreign countries commit misconduct. American overseas posts have large numbers of civilian family members, U.S. employees, and contractors. The Article discusses the historical application of military law to such persons, recent proposals to extend Tire 18 of the United States Code to certain offenses committed by civilians overseas, and issues raised by proposed legislation.

Foreign Multinational Enterprises Operating In The United States Seek Sanctuary From Title Vii Employment Discrimination Charges In Treaties Of Friendship, Commerce, And Navigation, Christine Neylon O'Brien, Gerald A. Madek, Margo E. K. Reder

UC Law SF International Law Review

Where foreign multinational enterprises do business in the United States through locally incorporated subsidiaries, the employer's equal employment opportunity obligations under the U.S. laws may be tempered by international commercial treaties that permit foreign employers to freely choose key personnel such as accountants, technical experts, executives, attorneys, agents and other specialists. While the free choice exemption contained in the many bilateral treaties of friendship, commerce and navigation to which the United States is signatory protects the economic and legal interests of foreign investors, it allows foreign-owned companies to prefer their own nationals, which may disadvantage U.S. nationals. Because employment patterns …

Individual Versus Society: The Cultural Dynamics Of Criminalizing Suicide, Benjamin P. Fay

UC Law SF International Law Review

Various societies try to deal with the problem of suicide by criminalizing assisted suicide, attempted suicide, and sometimes even suicide itself. In the United States, suicide and attempted suicide are generally no longer criminalized. However, many states are grappling with the question of whether to criminalize assisted suicide. This Note examines suicide laws in two very different cultures, England and India, in order to determine whether there is a common lesson to be learned. The author concludes that the resolution of the question of whether to criminalize suicide or attempted suicide involves weighing the individual's interest in self-determination against the …

Health Care Reform And Erisa Preemption: Can The States Adopt Aspects Of Germany's Health Care System To Achieve Universal Access And Cost Containment, Byron Done

UC Law SF International Law Review

In 1994 Congress addressed a national crisis concerning the soaring cost of health care in the United States and the growing population of uninsured Americans. Congress debated the issues, but declined to enact any legislation. The problems, however, still persist. A few states have attempted comprehensive health care reform through state legislation, but the federal Employee Retirement Income Security Act (ERISA) has consistently preempted those attempts. This Note analyzes the ERISA preemption clause, its role as a barrier to comprehensive state health care reform, and some of ERISA's perverse effects on the employees it purports to protect. The Note also …

Fast-Track Arbitration In Europe (With Special Reference To The Wipo Expedited Arbitration Rules), Jan Paulsson

UC Law SF International Law Review

No abstract provided.

Dispute Settlement Under The Cfta And Nafta: From Eleventh-Hour Innovation To Accepted Institution, Harry B. Endsley

UC Law SF International Law Review

No abstract provided.

Reforming International Institutions To Improve Global Environmental Relations, Agreement, And Treaty Enforcement, Steven M. Anderson

UC Law SF International Law Review

The number of international environmental agreements has increased dramatically over the last several decades. Unfortunately, signed global accords have not always translated into ratified, fully enforced treaties. Several factors contribute to this dilemma including: the constraints of international law, recurring debates between lesser developed countries and their northern neighbors over standard setting and treaty administration, overburdened treaty implementation bodies, and-as evidenced by the U.S. example-domestic politics.

Reforming the current international environmental legal structure can help resolve enforcement difficulties. This Note examines existing international environmental organizations- with particular focus on the Global Environment Facility-and points to procedures and practices which have …

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Gianmaria Ajani, Ugo Mattei

UC Law SF International Law Review

This Article analyzes the problem of property law reform in former Socialist countries from a comparative law and economics perspective. While traditional classification of former Socialist countries as a homogeneous family can now be questioned on the basis of both past and present legal transplants, they still share sufficiently similar political, economic and institutional backgrounds to justify codification efforts directed towards the entire region.

Codification of property law must be preceded by political choices regarding distribution. In the context of former Socialist countries, such codification takes place in concomitance with the allocation of relevant goods to owners for the first …

Proposition 187 And International Human Rights Law: Illegal Discrimination In The Right To Education, Stephen Knight

UC Law SF International Law Review

In November 1994, California voters approved Proposition 187, which would deny basic social services such as education and health care to persons determined by state authorities to be in the country in violation of federal immigration laws. Enforcement of the proposition has been stayed pending the resolution of numerous lawsuits. The education provisions, in particular, are being challenged as violations of federal and state guarantees of equal protection, of state and federal privacy rights, and of international law.

This Note contends that the total denial of education to a class of persons in the United States is inconsistent with international …

The Limits Of Product Liability Reform Within A Consumer Expectation Model: A Comparison Of Approaches Taken By The United States And The European Union, John G. Culhane

UC Law SF International Law Review

During the past several decades, product liability law has sustained dramatic growth in the United States, but has noticeably lagged in the European Union. Against these quite different backdrops both American and European product liability initiatives have recently arisen. In the United States, the Model Uniform Product Liability Act (MUPLA) has served as a template for the enactment of individual state legislation, while the nations of the European Union have, through their own legislative processes, been implementing the Union's Product Liability Directive (the Directive).

This Article begins by undertaking a historical and analytical study of American and European product law …

Commentary: Copyright From Stone Age Caves To The Celestial Jukebox, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

On December 18, 1994, a group of exquisite and incredibly well-preserved Stone Age paintings were discovered in the mountains of southern France. Because the presence of visitors would hasten the artwork's deterioration, the public will likely not be allowed to view the paintings. Fortunately, a mere month after their discovery, images of the prehistoric art appeared on the Internet and have been transmitted around the world on commercial and noncommercial systems. The author utilizes this archeological cache as both an example of the uses of advanced information technology and a colorful fact pattern to explore many of the challenges facing …

The Benefits Of Alternative Dispute Resolution In Intellectual Property Disputes, Miriam R. Arfin

UC Law SF Communications and Entertainment Journal

There are numerous reasons for avoiding traditional litigation in intellectual property disputes. Given the often complex nature of intellectual property cases, litigation may not always offer the best method of resolution. By contrast, Alternative Dispute Resolution (ADR) processes can offer distinct advantages over litigation. Consequently, ADR should play a greater role in these intellectual property disputes. This Article illustrates the advantages of ADR in intellectual property disputes through a case study, and explores various options within the ADR process. The Article focuses on the United States District Court for the Northern District of California, and provides a method for choosing, …

Disclosure Under Federal Rule Of Civil Procedure 26(A)--Much Ado About Nothing, Charles W. Sorenson Jr.

UC Law Journal

Tension between open discovery practice under the Federal Rules of Civil Procedure and the adversarial tradition of the American justice system has existed for decades. Efforts to curb perceived discovery abuse or misuse, in addition to calls for litigation system reform, have resulted in amendments to several Federal Rules. The controversial Rule 26(a), which took effect in December 1993, requires litigants to automatically disclose information on witnesses and documents "relevant to disputed facts alleged with particularity" and potentially revolutionizes traditional discovery practice.

In his Article, Professor Sorenson examines the history of discovery and previous attempts to reform discovery practice. He …