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Articles 1921 - 1950 of 8918
Full-Text Articles in Law
Barred Owl, Stewart G. Pollock Justice
Barred Owl, Stewart G. Pollock Justice
UC Law Environmental Journal
No abstract provided.
Wavy Mushroom, Stewart G. Pollock Justice
Wavy Mushroom, Stewart G. Pollock Justice
UC Law Environmental Journal
No abstract provided.
Crater Lake, Or, Riti Chandiok
Many Crossings, Gregory Hobbs Justice
Many Crossings, Gregory Hobbs Justice
UC Law Environmental Journal
No abstract provided.
Anemone, Carmen King
Sunset, Michael Linder
Glen Canyon Park Sunshive, San Francisco, Joanna Hossack
Glen Canyon Park Sunshive, San Francisco, Joanna Hossack
UC Law Environmental Journal
No abstract provided.
The Plight Of The Eucalyptus Trees In San Francisco:A Case Study On The Values And Considerations Involved Ina Decision That Requires Comparative Valuation Of Species, Ashley Nance
UC Law Environmental Journal
No abstract provided.
Trees, Michael Linder
The Public Trust Doctrine And Mixed-Use Development: Theproposed Golden State Warriors Arena And The Implications For Future Development On The San Francisco Bay, Brian King
UC Law Environmental Journal
No abstract provided.
California Coast, Carmen King
Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky
Ats Liability For Rogue Banking In A Post-Kiobel World, Joel Slawotsky
UC Law SF International Law Review
No abstract provided.
Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss
Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss
UC Law SF International Law Review
Allegations by political leaders and others that offshore financial centers enable multinational enterprise to avoid paying a "fair" amount of tax-and that they enable wealthy individuals to evade paying any tax, much of it on ill gotten gains-are once again garnering headlines and inspiring government action. One of the most prominent commentators on these topics, The Tax Justice Network, has recently claimed that thanks to the services of tax havens, $21 trillion to $32 trillion of wealth of questionable origin remains hidden and untaxed, and that such abuse must be stopped through greater regulation. In this paper we argue that …
Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj
Changing Lanes: Intellectual Property Rights, Trade And Investment, Julien Chaisse, Puneeth Nagaraj
UC Law SF International Law Review
Trademarks are inherent features of transnational business transactions. From a trade perspective, a trademark is used by a business as an identification sign to distinguish its goods or services from those of its competitors. Trademarks are also a form of investment as they are valuable business assets; they can be sold or licensed. This paper provides a comprehensive analysis of the international economic rules that apply to transnational business activities requiring trademark protection. It answers the key question: What is the role of trade and investment treaties in ensuring trademarks are duly respected? The paper demonstrates that some trademark infringement …
Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez
Developing Effective Transparency: A Case Study On Voluntary Disclosure And Social Responsibility At Apple Inc., Jessica Gomez
UC Law SF International Law Review
Apple Inc. ("Apple") is one of many multinational corporations in the electronics industry that uses a voluntary transparency policy to manage disclosure of information pertaining to labor conditions of supply chain factories. This note analyzes the strengths and weaknesses of Apple's transparency policies over the years, as well as the events that triggered these policies. This note also examines voluntary disclosure schemes generally, and discusses the inherent limitations of a policy that is self-defined and self-enforced. Despite its limitations, Apple's policy has initiated some positive changes to labor practices and has contributed to a broader discussion on corporate social responsibility …
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing, Mark R. Arbuckle
Political Broadcasting Fairness In The Twenty-First Century: Putting Candidates And The Public On Equal First Amendment Footing, Mark R. Arbuckle
UC Law SF Communications and Entertainment Journal
There is a fundamental inconsistency in the current political fairness and access rules for U.S. broadcasting. While political candidates enjoy a long-standing right of access to broadcast stations to express their views and attack and answer attacks from opponents, stations have no obligation to be fair to noncandidate citizens who may be personally attacked, nor to make any good-faith effort to present opposing views on controversial public issues. However, this has not always been the case. Under the Fairness Doctrine, in place from 1949 to 1987, broadcasters were expected to present controversial issues of public importance and provide reasonable opportunity …
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing, Jasmine A. Braxton
Lost In Translation: The Obstacles Of Streaming Digital Media And The Future Of Transnational Licensing, Jasmine A. Braxton
UC Law SF Communications and Entertainment Journal
This note examines the possibility of a unified transnational licensing system for digital streaming services. The note reviews the development of current streaming services and their individual struggles with domestic copyright law as a barrier to entry to new markets. The note draws a connection between the rise of streaming services and the reduction in piracy in certain regional markets. Finally, the note analyzes previous approaches to multinational licensing and uses these current streaming services in case studies to exemplify how successful a global licensing syndicate would be.
A Possibility Of The Korean Wave Renaissance Construction Through K-Pop: Sustainable Development Of The Korean Wave As A Cultural Industry, Yeojin Kim
UC Law SF Communications and Entertainment Journal
In the era of the "digital road," Korean popular music ("K-Pop") has disseminated into every part of the world. In fact, South America, the farthest continent from Korea, goes wild for K-Pop, and the craze moves on to other continents naturally. Without Koreans having to recommend K-Pop, if listeners of K-Pop around the world believe that K-Pop has some charm, they absorb the trend and pass the music on to others. It has now come to the point where government agencies, the press, and entertainment management companies do not need to promote K-Pop because foreigners are consuming K-Pop feverishly on …
Copyright And Choreography: The Negative Costs Of The Current Framework For Licensing Choreography And A Proposal For An Alternative Licensing Model, Matt Kovac
UC Law SF Communications and Entertainment Journal
Although approaches rooted in copyright law are available, choreographers tend to rely instead on contract law in order to control distribution of their work; choreographers license their ballets to dance companies via contracts which are typically negotiated on an ad hoc basis. This relatively conservative approach allows choreographers to maintain tight artistic control over subsequent reproductions of their ballets, but it comes at a cost to both the dance community and the general public. This conservative approach to distribution means that a choreographic work may be performed infrequently or not at all, and it also forecloses the possibility for transformative …
Blurred Lines - Where Copyright Ends And Cultural Appropriation Begins - The Case Of Robin Thicke Versus Bridgeport Music And The Estate Of Marvin Gaye, Toni Lester
UC Law SF Communications and Entertainment Journal
Were Robin Thicke and Pharrell Williams perpetuating perceptions of misappropriation when they filed their declaratory judgment claim against the estate of Marvin Gaye? Or were they legitimately contributing to the evolving genre of R&B and soul music originated by black greats like Gaye and others? This article will answer these questions by first exploring the extent to which the song "Blurred Lines" constitutes illegal copyright infringement of "Gotta Give It Up" under the U.S. Copyright Act and traditional judicial interpretations thereof. It will then make some predictions about the outcome of the declaratory judgment claim currently under consideration in California.
The Fcc And Ancillary Power: What Can It Truly Regulate, Matthew Eller
The Fcc And Ancillary Power: What Can It Truly Regulate, Matthew Eller
UC Law SF Communications and Entertainment Journal
This article will examine the turbulent history of section 629 of the Telecommunications Act, including its adoption and amendments, its claims as to "plug & play" devices, and the effects of the recent EchoStar Satellite LLC v. FFC holding. This article will begin with a brief history of section 629 and its proposed purpose, then discuss the industry's first attempt at industry-wide standards-first with CableCARD technology, then its successor, AllVid technology. This article will then analyze the purpose and history of the FCC's ancillary jurisdiction, the holding in the newly decided EchoStar Satellite LLC v. FCC, and the possible future …
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform, Paul Battista
Runaway Film And Television Production: Carrots, Sticks, & International Tax Reform, Paul Battista
UC Law SF Communications and Entertainment Journal
"Runaway" film and television production is a public policy issue that has been targeted for reform with the goal of its eradication, a goal that has not been achieved. The discussion has framed the issue as one relating to international trade policy and labor policy, and as a result proposals to eradicate the problem have been focused on these areas. This article takes the position that runaway film and television production is an international tax law issue that should be examined within the framework of U.S. international tax policy. In general, the U.S. international tax laws require reform because they …
Legal And Economic Challenges To The Business Model Of The Television Industry, John B. Meisel
Legal And Economic Challenges To The Business Model Of The Television Industry, John B. Meisel
UC Law SF Communications and Entertainment Journal
Gaining access to content is critically important for entrance into the television industry; this is a necessary input to become a viable competitor against incumbent video industry players. However, incumbents have the ability and incentive to withhold programming that discourages potential competitors from entering the market. Entrants, built up over a long period of time, confront a symbiotic relationship between traditional content providers and incumbent content distributors. Access to video programming or access in the format (i.e., online) that a viewer chooses is in high demand. This demand is evident by an increasing number of legal, technological, economic, and political …
Authorship Atomized: Modeling Ownership In Participatory Media Productions, Elisabeth S. Aultman
Authorship Atomized: Modeling Ownership In Participatory Media Productions, Elisabeth S. Aultman
UC Law SF Communications and Entertainment Journal
The aim of this article is to posit a solution, grounded in legal realism, for the practical issues that arise when copyright law and content monetizers encounter a work (or perhaps more accurately, a series of interdependent works) with an unprecedented number of people who could ostensibly assert authorship over some element of the content.
Normative Avoision: Revising The Copyright Alert System To Circumvent Normative Backlash, Timothy L. Yim
Normative Avoision: Revising The Copyright Alert System To Circumvent Normative Backlash, Timothy L. Yim
UC Law Science and Technology Journal
Content rightsholders in the film and music industries previously spearheaded a legal campaign that, though highly successful in the courts, has resulted in significant normative backlash and overall has been counterproductive to their intended goal of increased copyright enforcement. In July 2011, when these rightsholders signed an agreement with five major national internet service providers to create the Copyright Alert System (“CAS”), a new and entirely private mechanism for copyright enforcement, they seemed poised to make that same mistake again. However, in a prime example of “normative avoision,” content rightsholders have finally taken note of the normative consequences of their …
What Can Medicine Teach The Social Sciences?, Lee Mcintyre
What Can Medicine Teach The Social Sciences?, Lee Mcintyre
UC Law Science and Technology Journal
In a field as slow to change as the law, it is often helpful to inject fresh perspectives from other disciplines. As different as legal analysis might be from that found in the medical and social sciences, they are all ultimately concerned with the pursuit of objectivity. Furthermore, in each of these fields, the pursuit of academic and practical goals are permeated and influenced by the values of those that seek to achieve them. Indeed, both the law and the social sciences in particular are fundamentally concerned with finding ways of distilling logic and order from the complexities of human …
The E-Books Price Fixing Litigation: Curious Outlier Or Harbinger Of Change In Antitrust Enforcement Policy?, Evan D. Brewer
The E-Books Price Fixing Litigation: Curious Outlier Or Harbinger Of Change In Antitrust Enforcement Policy?, Evan D. Brewer
UC Law Science and Technology Journal
In 2012 the Department of Justice brought suit against Apple and five major US publishing houses for conspiring to fix the price of e-books. The complaint contained many detailed factual allegations, including the sort of high-level executive collusion commonly seen in criminal price fixing cases. The charged conduct, horizontal price fixing, is per se illegal under the Sherman Act and among the “hardcore” violations that under Antitrust Division policy merit criminal charges. Yet instead the government brought a civil case against Apple and the publishers. This note analyses the details of the Antitrust Division’s case, viewed in light of current …
Three-Parent Ivf And Its Effect On Parental Rights, Padmini Cheruvu
Three-Parent Ivf And Its Effect On Parental Rights, Padmini Cheruvu
UC Law Science and Technology Journal
Three-parent in vitro fertilization (“IVF”) is a controversial procedure that offers the possibility of preventing the inheritance of genetically caused mitochondrial disease, sparing future generations from a range of incapacitating conditions. Due to the use of a controversial form of cloning technology, the procedure is currently banned in both the United Kingdom and the United States. If the procedure was to be made legal in the United States, it is unclear how the states would legally view the donor parent. This note argues that the rights that donor parents in three-parent IVF procedures receive will most likely parallel the rights …
The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity, Hadar Aviram
The Inmate Export Business And Other Financial Adventures: Correctional Policies For Times Of Austerity, Hadar Aviram
UC Law Journal of Race and Economic Justice
The fallout of the financial crisis continues to have major effects across the American correctional landscape. Federal and state budgetary limits have slowed and even reversed what were thought to be ever-rising incarceration rates. While this has successfully led to less punitive policies regarding the death penalty and the war on drugs, incarceration practices have affected punitivism in more complex ways. This article explores the correctional changes prompted by the financial crisis that are being made not at the ballot box, but behind closed doors. The outcomes of negotiations between prison administrators and private service providers, or amongst state governments, …
Fiduciary Duty And The Ex Officio Conundrum In Corporate Governance: The Troublesome Murkiness Of The Gubernatorial Trustee's Obligations, Salar Ghahramani
Fiduciary Duty And The Ex Officio Conundrum In Corporate Governance: The Troublesome Murkiness Of The Gubernatorial Trustee's Obligations, Salar Ghahramani
UC Law Business Journal
Should governors serve on the boards of incorporated universities as ex officio members? This article examines the question by considering the expeience of Pennnsylvania State University and analyzes the implications of governors serving on the boards of state- aided corporations by focusing on the fiduciary responsibilities of directors under corporate law. The article concludes that the current statutory framework needs reconsideration and asserts that while there is no question that the state's public interests should trump an institution's "private" interests, it is the state that has chartered the corporation for the promotion of a public good (education) and has appointed …