Law Commons^™

The Montrose Decision And Long-Tail Environmental Liability--A New Approach To Allocating Risk Among Multiple Third-Party Insurers, Joren S. Bass

UC Law Environmental Journal

No abstract provided.

Panel Discussion - To Bot Or Not To Bot: The Implications Of Spidering, David Kramer, Jay Monahan

UC Law SF Communications and Entertainment Journal

Mr. Kramer and Mr. Monahan discuss the issues raised by the use of bots on the Internet and the implication of such use in litigation. Bots, or spidering programs, are software devices used to access specific information contained on web sites. Bots are commonly used when search engines comb the web to generate responses to queries. However, other less than noble uses, including the gathering of e-mail addresses for "spamming" and the taking of a site's content and reposting it elsewhere, raise complex legal issues and have generated considerable litigation.

Intellectual Property And Antitrust: A Comparison Of Evolution In The European Union And United States, Sara M. Biggers, Richard A. Mann, Barry S. Roberts

UC Law SF International Law Review

Transactions involving the transfer of intellectual property rights give rise to antitrust issues, potentially implicating the involvement of the enforcement bodies of the European Union (EU) and United States. While changing market dynamics resulting from innovation and globalization impact antitrust enforcement, the movement toward "decentralization" of antitrust enforcement represents yet another trend that causes uncertainty in both the EU and U.S. antitrust policies. In this context, one of the most notable aspects of evolving antitrust policy is that of cooperation between the enforcement agencies in the EU and the United States.

This Article explores the key legislative and policy developments …

With A Broad Brush: The Federal Regulation Of Sanctions Against Burma (Myanmar), James Finch, David Schmahmann, Particia Bailey

UC Law SF International Law Review

On April 21, 1998, the Office of Foreign Assets Control of the U.S. Treasury Department issued regulations to implement the Executive Order that applied sanctions against Myanmar. With certain exceptions, the Regulations prohibit new investment by U.S. individuals or companies in Myanmar. This Essay explains and analyzes the reach of the Regulations and their potential ramifications.

Sweating The International Garment Industy: A Critique Of The Presidential Task Force's Workplace Codes Of Conduct And Monitoring System, Heidi S. Bloomfield

UC Law SF International Law Review

Like employers in the United States, employers in Japan seek to prevent their former employees from competing with them by using noncompete covenants. As Japan's work force and employment system become more diverse, individualized and laterally mobile, noncompete provisions are appearing before the Japanese courts with increasing frequency.

The Japanese courts' approach to noncompete clauses is to scrutinize their "reasonableness" by balancing the competing interests of the employer in protecting its business goals and the employee in preserving his right to freedom of occupation. However, the notion of "reasonableness" has been elusive, causing the Japanese courts to struggle with application …

The International Monetary Fund: Is It The Right Or Wrong Prescription For Korea, Ellen J. Shin

UC Law SF International Law Review

Since emerging as a war torn country in 1953, Korea has become a major economic contender in the international market. By 1997, Korea had achieved success as the world's eleventh largest economy. That success was cut short by the "Asian financial crisis" of late 1997, which greatly affected the Korean economy. Caused by the unraveling of the diversified, family-owned conglomerates known as chaebol, which collapsed under billions of dollars in bank loans, Korea sought to restore its economic ascendancy with an IMF bailout. The resulting IMF austerity program has received much criticism, focused primarily on the fact that the traditional …

Religion And State In Israel: The Case For Reevaluation And Constitutional Entrenchment, Gidon Sapir

UC Law SF International Law Review

From the establishment of the State of Israel until very recently, the issue of religion and state was handled in Israel according to the doctrine of status quo. As a result, matters of religion and state have changed little from the time the State of Israel was established. Underlying the status quo-viewed as an informal "gag rule"-was the perception that it served as a necessary condition for the emergence, maintenance and stability of democracy in Israel. Yet on many occasions over the past several years, once latent disagreements over matters of religion and state have become a major source of …

The Evolution Of The Sprawl Debate In The United States, Robert W. Burchell, Naveed A. Shad

UC Law Environmental Journal

No abstract provided.

Two Sides Of The Same Coin--Hazardous Waste Siting On Indian Reservations And In Minority Communities, Jeffrey R. Cluett

UC Law Environmental Journal

No abstract provided.

The Transferability Of Non-Exclusive Copyright Licenses: A New Default Rule For Software In The Ninth Circuit, Brandon M. Villery

UC Law SF Communications and Entertainment Journal

The merger and acquisition of companies using software technology can generate a need to transfer valuable software licenses from a target company to an acquiring company. As a default rule in the Ninth Circuit, a licensee cannot assign a non-exclusive copyright license without the express authorization of the licensor. Consequently, an acquired licensee may be forced to renegotiate an otherwise valid software license, even if it survives the acquisition and continues to operate as a subsidiary. Understandably, the issue of copyright license transferability continues to pose a problem in mergers, acquisitions and bankruptcies. This note analyzes the Ninth Circuit's decision …

Faun--From Fairies And Fusiliers, Robert Graves

UC Law Environmental Journal

No abstract provided.

Windydaze, James Bartoli

UC Law Environmental Journal

No abstract provided.

"Or Of The Press", Potter Stewart

UC Law Journal

No abstract provided.

Quo Vadis, Prospective Overruling: A Question Of Judicial Responsibility, Roger J. Traynor

UC Law Journal

No abstract provided.

Punitive Damages: Toward A Principled Approach, Jane Mallor, Barry Roberts

UC Law Journal

No abstract provided.

From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney

UC Law Journal

No abstract provided.

Unnatural Competition?: Applying The New Antitrust Learning To Foster Competition In The Local Exchange, Ashutosh Bhagwat

UC Law Journal

No abstract provided.

"Here Come De Judge": The Role Of Faith In Progressive Decision-Making, Derrick Bell

UC Law Journal

In this year's Tobriner Memorial Lecture, "Here Come de Judge: The Role of Faith in Progressive Decision-Making," Professor Bell examines the role of minority judges (and the criticisms lodged against them) in judicial efforts to eliminate discrimination and exploitation. Professor Bell argues that decisions that help correct past abuses, such as those upholding affirmative action, are temporary at best because society quickly renders them ineffectual and marginal. Professor Bell further argues that even the minorities who occupy positions of stature within the legal system, such as judges and scholars, are used against the larger minority population because they are held …

New York, Printz, And The Driver's Privacy Protection Act: Has Congress Commandeered The State Department Of Motor Vehicles?, Adam S. Halpern

UC Law Journal

In New York v. United States, the Supreme Court set forth the rule that any federal law which directs state governments to enact specific legislation is per se unconstitutional. The Court characterized these federal laws as attempts to "commandeer" the States' governmental machinery. The Court reaffirmed and extended the so-called "anti-commandeering" principle in Printz v. United States, holding that Congress may not constitutionally pass a law that directs a State's administrative officials to take a particular action. In the wake of these decisions, two U.S. circuit courts of appeals have struck down as unconstitutional the Driver's Privacy Protection Act of …

Preparing Your Music Client For Web Distribution, Stephanie Brauner

UC Law SF Communications and Entertainment Journal

Digital transmission of recordings is becoming an extremely important method of distribution. As this method of distribution becomes increasingly common, attorneys practicing in this industry will be compelled to advise their clients of the choices available in releasing their musical expressions on the Internet. This article provides a basic overview of the digital transmission process, discusses the current state of copyright protections for musicians and the failings in those protections, and will present other viable options that allow for the protection of a client's interests.

Choice Of Entity And Securities Aspects Of Independent Film Offerings By First-Time Filmmakers, Michael L. Maddren

UC Law SF Communications and Entertainment Journal

Independent films have become increasingly common over recent years. It has become increasingly difficult for these first-time filmmakers to obtain studio financing. Filmmakers who cannot obtain studio financing often turn to private investors. A filmmaker seeking private investor financing must confront several legal issues. This article examines the choice of entity and securities law aspects of independent film financing, and makes suggestions for the independent filmmaker facing these issues.

When Cyberspace Meets Main Street: A Primer For Internet Business Modeling In An Evolving Legal Environment, Christopher Paul Boam

UC Law SF Communications and Entertainment Journal

With the increasing use of the World Wide Web, the Internet consumer will, for better or worse, change the "shop around the comer." However, the advent of electronic commerce can have the capacity to be the great equalizer. This technology, which allows the smallest of entrepreneurs to enter millions of households throughout the world also subjects them to innumerable conflicting foreign laws and jurisdictions and magnifies the legal impact of any content errors. The ability to enter the households of millions of unknown persons also poses difficult challenges of identification, privacy, and security. The collective impact of these peculiar characteristics …

You've Got Mud On Your Face: Have Mp3s Turned The Middleman Into Roadkill, Jessica Trivellini Toney

UC Law SF Communications and Entertainment Journal

Moving Picture Expert Group Audio Layer 3, or MP3s, computer audio files transmitted over the Internet, have emerged as powerful challengers to the current music distribution system. MP3s challenge the recording industry on two fronts: piracy and sidestepping industry distribution channels. This note explores how copyright law applies to computer sound files, including MP3s, and demonstrates how advances in MP3 technology have made infringement concerns a significant problem. This note concludes that the record industry must radically change its current marketing scheme and adopt a low cost licensing approach in order to adapt successfully in the digital age.

Foreword, Chelsea M. Doerrie

UC Law SF Communications and Entertainment Journal

No abstract provided.

Symposium Presentation: Tales Of An E-Commerce Lawyer: When Every Decision You Make Is A You Bet Your Company Decision, Michael Scott

UC Law SF Communications and Entertainment Journal

Mr. Scott gives an overview of how the Internet and e-commerce have changed the practice of law. He notes that business today is almost instantaneous, in what he refers to as "Internet time," so a wrong business decision can spell disaster. He also discusses the implications of these almost instantaneous business decisions in the context of copyrights, patents, comparison sites, gaming and spamming.

Symposium Presentation: Legal Recognition Of Digital Signatures: A Global Status Report, Richard Allan Horning

UC Law SF Communications and Entertainment Journal

Mr. Homing traces the evidentiary roots of the "put it in writing" axiom and asks "where is the writing in e-commerce?" He discusses the legal response to the new evidentiary problems raised by that question in the context of online business, noting the need for new legal models to place such contracts within the Statute of Frauds.

Symposium Presentation: Business And Patents And Business Patents, Michael A. Glenn

UC Law SF Communications and Entertainment Journal

Mr. Glenn provides a general overview of patent law. He details recent developments in software patents, utility patents and business method patents. He concludes by emphasizing the notion that nearly everything is patentable, possibly even the business method for serving a meal, if such a method could be deemed useful, novel and nonobvious.

The Owned Public Domain: The Constitutional Right Not To Be Excluded - Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack

UC Law SF Communications and Entertainment Journal

Before the rise of law and economics, the Supreme Court vigorously enforced the public right to use material in the public domain upon the expiration of utility patents. This right was most notably upheld in Kellogg v. Nat'l Biscuit Co. Recently, numerous Federal Circuit courts have failed to follow the holding of Kellogg. This article discusses the Lockian conception of property, argues that Kellogg was based upon sound Constitutional footing, and suggests that the current Court should follow that Constitutional reasoning, rather than distinguishing the case based on economic theory in its consideration of TrafFix Devices v. Marketing Displays this …

Taxation Of International Computer Software Transactions Under Regulation 1.861-18, Jonathan Purcell

UC Law SF Communications and Entertainment Journal

Transfer of computer software in the international context presents many complexities. Tension has developed between countries of manufacture and the countries of sale. Specifically, how should the income arising from such transactions and the resulting tax base be allocated between the nations where the purchaser and seller are located? Treasury Regulation 1.861-18 attempts to bring some clarity to the characterization of income from the international transfer of computer software. This note explains this regulation as it concerns the disposition of copyright ownership rights and copyrighted subject matter, as well as explores various tax planning opportunities.

The Supreme Court And Public Law Remedies: A Tale Of Two Kansas Cities, Wendy Parker

UC Law Journal

Forty-plus years after Brown v. Board of Education, hundreds of should reconsider the validity of applying different legal standards to different types of vertical restraints, and should instead replace rigid doctrinal categories with a functionally-oriented "rule of reason" analysis.