Law Commons^™

Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum

UC Law SF International Law Review

No abstract provided.

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Foreign Private Plaintiffs, Global Conspiracies And The Extraterritorial Application Of U.S. Antitrust Law, Wolfgang Wurmnest

UC Law SF International Law Review

No abstract provided.

Sealand Ho - Music Pirates, Data Havens, And The Future Of International Copyright Law, Kevin Fayle

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies: Implementing International Law In Israel/Palestine Conflict: Introduction, George E. Bisharat

UC Law SF International Law Review

No abstract provided.

The Role Of U.S. Foreign Policy In Establishing Jurisdiction: Should Foreign Policy Be An Exclusively Federal Concern, Benjamin R. Ehrhart

UC Law SF International Law Review

No abstract provided.

Criminal Responsibility For Non-State Civilian Superiors Lacking De Jure Authority: A Comparative Review Of The Doctrine Of Superior Responsibility And Parallel Doctrines In National Criminal Laws, Avi Singh

UC Law SF International Law Review

No abstract provided.

International Law And The Peace Process, Richard Falk

UC Law SF International Law Review

No abstract provided.

International Law And The Palestine Refugees, John Quigley

UC Law SF International Law Review

No abstract provided.

To Reconcile, Or To Be Reconciled?: Agency, Accountability, And Law In Middle Eastern Conflicts, Laurie King-Irani

UC Law SF International Law Review

No abstract provided.

The Mirage Of Rights - Response, Elazar Barkan

UC Law SF International Law Review

No abstract provided.

Palestinian/Israeli Water Conflict And Implementation Of International Water Law Principles, Hilal Elver

UC Law SF International Law Review

No abstract provided.

Discussion Of The International Water Law Principles Dr. Elver Lays Out, James W. Nachbaur

UC Law SF International Law Review

No abstract provided.

Trading Places: Illicit Antiquities, Foreign Cultural Patrimony Laws, And The U.S. National Stolen Property Act After United States V. Schultz, Mark J. Petr

UC Law SF International Law Review

No abstract provided.

The German Parental-Leave System As A Model For California: Creating A Race To The Top Within A Federal System, Dirk Larsen

UC Law SF International Law Review

When the U.S. Congress was drafting the Family and Medical Leave Act of 1993, it looked to Germany as an example of a country with generous family-leave policies as well as a strong economy. Due to opposition from the business sector and reluctance to regulate family life, the resulting legislation was much weaker than its German counterpart. Since that time, Germany's social order proved less self-sustaining than previously thought. The author compares the relative merits, successes, and failures of Germany's and California's parental-leave policies and suggests that California could stand to benefit by adopting modified aspects of the German model …

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …

Judicial Reform In Afghanistan: A Case Study In The New Criminal Procedure Code, Faiz Ahmed

UC Law SF International Law Review

On January 4, 2004, the Islamic Transitional State of Afghanistan ratified a constitution. While lauded by many, a number of its articles have stirred debate within Afghanistan. Using the country's new criminal procedure code as a case study, the author addresses key questions pertaining to legal reform and development movements, including the foreign imposition of law, a lack of local participation in legal reform processes, and a blindness to the multiple layers of indigenous law practiced on the ground. The author concludes that these are all weaknesses that will fundamentally hamper the rebuilding of stable legal institutions in Afghanistan in …

The Failure Of The Broadcast Flag: Copyright Protection To Make Hollywood Happy, Lisa M. Ezra

UC Law SF Communications and Entertainment Journal

Digital online piracy of television programming is a growing problem that has the television industry, production studios, and the Motion Picture Association of America searching for a cure. The FCC's planned cure is the "broadcast flag," which requires manufacturers of television equipment to bear the burden of protecting broadcast programming from pirates. The FCC's scheme not only contains several loopholes allowing pirates to circumvent the flag technology, it also protects only a tiny fraction of digital television content, at the cost of consumers. This note explains the ineffectiveness of the "broadcast flag," and suggests an alternate scheme based around copyright …

The War Against The Illegal Antiquities Trade: Rules Of Engagement For Source Nations, Jason Mcelroy

UC Law SF Communications and Entertainment Journal

This article addresses the problems of retrieving stolen cultural property in a practical manner. Instead of proposing new legislation or changes in the current cultural property regime, this article argues that countries that are source nations for the growing illegal trade in antiquities should better prepare themselves for their retrieval attempts, which in turn gives them a better chance at retrieving them through civil cases. By focusing on settlements and cases won in the United States, the paper submits guidelines by which source nations can be best equipped to prevail in a United States civil suit of replevin.

What Does It Take To Be A (Lesbian) Parent - On Intent And Genetics, Sanja Zgonjanin

UC Law SF Journal on Gender and Justice

This Note analyzes KM v. E.G., 13 Cal. Rptr 3d 136 (Cal. Ct. App. 2004), the first case brought in front of any court of appeals in the U.S. where the lesbian egg donor (the genetic mother) who raised her children for six years together with her partner (the gestational mother) was denied parental rights after the couple separated. The application of the intent based determination of parentage originally devised to solve competing parental claims in surrogacy case is criticized as inappropriate, unnecessary and unjustified. The absence of legal protections for lesbian parents and standards addressing issues unique to lesbian …

Some Bargain: How Bankruptcy Courts May Now Require A Debtor To Relinquish Expectations Of Privacy As A Condition Of The Bankruptcy Bargain, Jennifer Taylor

UC Law Journal

There was a time when incurring debt and becoming insolvent was considered a crime. Although those days are long gone, discharge of debt in bankruptcy continues to be premised upon the debtor's cooperation in the "bankruptcy bargain." Honesty and disclosure of certain relevant information is required in exchange for a "fresh start." This Note explores the level of scrutiny that an individual debtor must submit to as part of the bankruptcy bargain by asking and answering the Fourth Amendment question: What is society "prepared to recognize as reasonable?" Contrary to the recent opinion of one bankruptcy court that went so …

Free Exercise And The Problem Of Symmetry, Nelson Tebbe

UC Law Journal

A controversial neutrality rule currently governs cases brought under the Free Exercise Clause. Curiously, leading critics of the Supreme Court's approach have not taken issue with neutrality itself, but instead have argued that the Court has adopted the wrong sort of neutrality principle. In this Article, the author argues that neutrality of any stripe will be insufficient to vindicate the critics' own vision because of a difficulty called the problem of symmetry. Liberty, by contrast, is asymmetrical and consequently it delivers more attractive outcomes in real cases. The author proposes a liberty rule, describes how it would work, and defends …

Bridging The Federalism Gap: Procedural Due Process And Race Discrimination In A Devolved Welfare System, Risa E. Kaufman

UC Law Journal of Race and Economic Justice

As recent Supreme Court decisions limit the power of the federal government to legislate and the federal courts to provide redress in areas such as civil rights, Congress is devolving significant power to states and localities to create and implement poverty-related programs. The discretion and authority that is further devolved to local caseworkers and administrators can be tainted with racial bias, raising the risk of and resulting in a disparate impact on people of color. Individuals may thus face a greater risk of race discrimination within the welfare system with fewer statutory protections available to challenge such discrimination. This article …

Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Keynote Speakers, Mark Rosenbaum, Erwin Chemerinsky

UC Law Journal of Race and Economic Justice

No abstract provided.

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers' Rights In The United States, Connie De La Vega, Conchita Lozano-Batista

UC Law Journal of Race and Economic Justice

As the economic gap between rich and poor countries continues to grow, those living in poor countries migrate to richer countries to survive. Migrants who succeed in completing the journey to receiving countries are often subjected to human rights violations in the workplace. More particularly, the human rights violations encompass violations of the right to organize in order to be free from exploitative conditions, the right to equality before the law, and the right to legal recourse. This article will provide migrant rights advocates in the U.S. with international legal standards that can be used to address domestic human rights …

Inadequate And Inappropriate Mental Health Treatment And Minority Overrepresentation In The Juvenile Justice System, Kasey Corbit

UC Law Journal of Race and Economic Justice

Not only are minority youth at greater risk for mental illness, they are more likely to be funneled into the juvenile justice system because of untreated symptoms of mental illness. This is because minority youth are less likely to be insured at the same rates as their white peers and more likely to be perceived as aggressive or dangerous when exhibiting symptoms of a mental health problem. California voters may have created a possible solution to this situation by approving Proposition 63, now known as the "Mental Health Services Act," which requires California counties to create innovative solutions to addressing …

Leveling The Ip Playing Field: Conditional Waiver Theory And The Intellectual Property Protection Restoration Act, Jason Karasik

UC Law SF Communications and Entertainment Journal

In 1999 and 2000, a group of federal court decisions ruled that the Eleventh Amendment precludes Congress from holding states and their institutions liable in damages for infringing federal intellectual property protection laws. These rulings have created a marked imbalance in the American intellectual property system, in which states can fully protect their own intellectual property yet freely infringe on the intellectual property rights of others. Private intellectual property owners argue that this imbalance increasingly threatens the health of the American economy. In response, Congressional reformers enacted the Intellectual Property Protection Restoration Act. The legislation uses a conditional waiver scheme …

Will Mechanicals Break The Digital Machine: Determining A Fair Mechanical Royalty Rate For Permanent Digital Phonographic Downloads, David Kostiner

UC Law SF Communications and Entertainment Journal

Digital Downloading has become an exciting distribution model that has made large amounts of music available to consumers for a fraction of the price of a compact disc. However, if the mechanical royalty rate paid to composers for the reproduction of their work remains pegged to a fixed number, fluxuations in the retail price of downloads will either reduce or increase the relative value of the payment. To avoid smaller margins, which could dissuade independent labels from making masters available online, or a disproportionately low mechanical rate, the statutory mechanical royalty should be set as a percentage of wholesale receipts, …

As A Matter Of Fact, It's A Question Of Law: A Case For De Novo Review Of Likelihood Of Confusion In Trademark Cases, Richard A. Dilgren Iii

UC Law SF Communications and Entertainment Journal

A stark circuit split mars the consistency of trademark infringement analyses within U.S. Circuit Courts of Appeal; some circuits review likelihood of confusion as a matter of fact, while others review it as a matter of law. This disparity places appellants at a disadvantage in some circuits and unnecessarily hinders the function of appellate courts by constraining their review of a substantially subjective balancing of facts. This Note concludes that although the individual factors indicating a likelihood of confusion are issues of fact, the ultimate issue of likelihood of confusion should be reviewed as a matter of law, allowing Circuit …

Why Protect Political Art As Political Speech, David Greene

UC Law SF Communications and Entertainment Journal

Politics and art make for a volatile combination both socially and jurisprudentially. Although the capacity of artistic expression to relay political ideas was one of the driving forces behind the recognition of strong First Amendment rights for artistic expression, governmental officials tend toward the censorious when art communicates too much and "offends" or causes "controversy." Indeed, when art is "public," that is funded or exhibited by a governmental entity, public officials would often prefer that it contain no message at all. This article reviews the evolution of First Amendment protection for artistic expression, discusses why artistic expression is protected by …