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Articles 5761 - 5790 of 8918

Full-Text Articles in Law

Introduction To Computer Law, Leonard D. Duboff Jan 1991

Introduction To Computer Law, Leonard D. Duboff

UC Law SF Communications and Entertainment Journal

This article introduces the reader to the computer law which is the basis for this symposium. It begins by tracing the history of the development of computers and then considers the parallel development of computer software. Next, it sketches some of the significant events which have marked the legal evolution of computer law. Finally, the author introduces the pieces which appear in this volume and provides a very brief summary of each.

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Researching The Law Of Motion Pictures: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1991

Researching The Law Of Motion Pictures: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The Case For Software Patent Protection, Willis E. Higgins Jan 1991

The Case For Software Patent Protection, Willis E. Higgins

UC Law SF Communications and Entertainment Journal

Some programmers, especially those in an academic environment, believe that strong intellectual property protection for software is undesirable. Other programmers, especially those in start-ups and small companies, find that copyright and patent protection for software is necessary to secure venture funding for product development. Such protection also allows them to protect their companies against competition by larger companies and others who would otherwise use the programmer's unprotected innovation without having to make a development effort comparable to that of the originator. Copyrights and patents promote economic growth and innovation in software by rewarding the creators of original works and inventions …

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The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat Jan 1991

The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat

UC Law SF International Law Review

The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …

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Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner Jan 1991

Of Czechoslovakia And Ourselves: Essential Legal Supports For A Free Market Economy, Richard S. Gruner

UC Law SF International Law Review

The new Czechoslovak Government is in the process of dramatically revising that country's commercial and property laws in order to revitalize their economy and encourage foreign investment. This Article examines the initial steps toward legal reform, as well as the Government's future plans. Specifically, the author addresses the reforms of commercial and corporations law and the Government's plans for further privatization. The author concludes with the suggestion that an active and independent Czechoslovak judiciary will play a vital role in economic reform by reassuring foreign investors that the Government will not undercut the new laws for political reasons.

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Against Software Patents: The League For Programming Freedom, The League For Programming Freedom Jan 1991

Against Software Patents: The League For Programming Freedom, The League For Programming Freedom

UC Law SF Communications and Entertainment Journal

Software patents threaten to devastate the U.S. computer industry. Until the Supreme Court's decision in Diamond v. Diehr in 1981, computer software was viewed as unpatentable. Regardless of whether or not that decision and subsequent decisions expanding the scope of patent protection for computer software are legally correct, they are bad policy. Patent protection is inappropriate for computer software. The growing number of software patents, many for obvious and well-known techniques, threaten to stifle innovation and make the development of computer software prohibitively expensive.

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Introduction To The Software Patent Debate, Eric Croft Jan 1991

Introduction To The Software Patent Debate, Eric Croft

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Florida Star V. B.J.F.: The Wrongful Obliteration Of The Tort Of Invasion Of Privacy Through The Publication Of Private Facts, Marta Goldman Stanton Jan 1991

Florida Star V. B.J.F.: The Wrongful Obliteration Of The Tort Of Invasion Of Privacy Through The Publication Of Private Facts, Marta Goldman Stanton

UC Law Constitutional Quarterly

No abstract provided.

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The Case For A Federal Journalist's Testimonial Shield Statute, Leslye Deroos Rood, Ann K. Grossman Jan 1991

The Case For A Federal Journalist's Testimonial Shield Statute, Leslye Deroos Rood, Ann K. Grossman

UC Law Constitutional Quarterly

No abstract provided.

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The Inadequate And Dependent Adequate And Independent State Grounds Doctrine, Eric B. Schnurer Jan 1991

The Inadequate And Dependent Adequate And Independent State Grounds Doctrine, Eric B. Schnurer

UC Law Constitutional Quarterly

No abstract provided.

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A Procedural Due Process Attack On Fda Regulations: Getting New Drugs To People With Aids, Bret L. Lansdale Jan 1991

A Procedural Due Process Attack On Fda Regulations: Getting New Drugs To People With Aids, Bret L. Lansdale

UC Law Constitutional Quarterly

No abstract provided.

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Full Faith And Credit, Choice Of Laws, And Extraterritorial Regulation Of Corporate Transactions, Gregory S. Sergienko, Maureen B. Callahan Jan 1991

Full Faith And Credit, Choice Of Laws, And Extraterritorial Regulation Of Corporate Transactions, Gregory S. Sergienko, Maureen B. Callahan

UC Law Constitutional Quarterly

No abstract provided.

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Divided We Stand: State Constitutions In A More Perfect Union, Shirley S. Abrahamson Jan 1991

Divided We Stand: State Constitutions In A More Perfect Union, Shirley S. Abrahamson

UC Law Constitutional Quarterly

No abstract provided.

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The Concept Of Jurisdiction: Conflicting Legal Ideologies And Persistent Formalist Subversion, Hayward D. Reynolds Jan 1991

The Concept Of Jurisdiction: Conflicting Legal Ideologies And Persistent Formalist Subversion, Hayward D. Reynolds

UC Law Constitutional Quarterly

No abstract provided.

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Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin Jan 1991

Maximizing The Benefits Of Tax Certificates In Broadcast And Cable Ventures, Erwin G. Krasnow, William E. Kennard, Susan O'Hearn Temkin

UC Law SF Communications and Entertainment Journal

Minority tax certificates have emerged as an important factor in transactions involving broadcast and cable properties. Since 1989, minority tax certificates have been issued in connection with the sale of broadcast stations and cable television systems totalling over $1 billion. This article explains the origin and use of tax certificates, from both the buyer's and seller's perspective.

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Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus Jan 1991

Don't Stop That Funky Beat: The Essentiality Of Digital Sampling To Rap Music, Jason H. Marcus

UC Law SF Communications and Entertainment Journal

Digital sampling has developed into an essential tool in the production of a Rap music album. Indeed, sampling gives the genre its artistic vitality in its tendency to comment upon our society through a post-modem patchwork message. Attempting to stifle this message by sanctioning samplers through litigation using existing copyright law is undesirable. The needs of both samplers and the artists that they sample can be satisfied through the use of a voluntary, transactional licensing scheme. Sampled artists will receive recognition and reasonable royalties, and samplers will be unhindered in their creative production processes.

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Misuse: An Equitable Defense To Intellectual Property Infringement Actions, Alan R. Geraldi Jan 1991

Misuse: An Equitable Defense To Intellectual Property Infringement Actions, Alan R. Geraldi

UC Law SF Communications and Entertainment Journal

The plaintiff's illegal extension of a patent right has historically been a successful defense to a patent infringement claim. Recently, the illegal extension of a monopoly right or "misuse" defense has been applied to copyright and trademark infringement claims as well. This article discusses the utilization of the misuse defense in patent, copyright, and trademark cases. It explores the case history of the misuse defense and summarizes the elements to the defense in each area.

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The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa Jan 1991

The Securities Tax System In Japan: Historical Background And Present Trends, Masana Hasegawa

UC Law SF International Law Review

Japan's securities market, as an international capital market, contributes to the economy of other nations. The author describes how interest, dividends, and transfers of securities are taxed in Japan and argues that the securities taxation system should be modified to encourage Japanese and overseas investors to continue contributing to global economic development through investment in the Japanese securities market. In this Article, the author explores the development of the Japanese securities taxation system and analyzes proposed revisions to the current system.

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Recent Developments And Future Perspectives Of The Tokyo Market, Minoru Nagaoka Jan 1991

Recent Developments And Future Perspectives Of The Tokyo Market, Minoru Nagaoka

UC Law SF International Law Review

Recent economic growth has fostered a great amount of international trading on the Tokyo Stock exchange, the opening of the exchange to foreign brokers, and a greater diversity of traded products. Yet problems remain to be resolved for the future health of the Tokyo market. These include a recent decline in the Tokyo equity market, the handling of index arbitrage trading, a lack of operational capacity and liquidity, and the maintenance of fairness and transparency of the market. The Author addresses these concerns and discusses what programs may be implemented to increase investor confidence.

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Debt-For-Nature: The Second Generation, Konrad Von Moltke Jan 1991

Debt-For-Nature: The Second Generation, Konrad Von Moltke

UC Law SF International Law Review

Debt-for-nature programs-negotiating debt reductions in less developed countries in return for increased conservation-are a key link between international environmental management and major issues of international finance and trade. There are several important secondary aspects of debt-for-nature programs; for example, illuminating creative uses of the debt crisis to structure cooperative ventures between governments, and linking conservation and international economic and financial relations. This Article explores these aspects in relation to the international environmental economics issues of resource management in tripartite economies, debt servicing and balancing, trade regulation, subsidies, resource valuation, and sovereign debt conversions.

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The New World Order And The Right Of Self-Defense In The United Nations Charter, Kathryn S. Elliott Jan 1991

The New World Order And The Right Of Self-Defense In The United Nations Charter, Kathryn S. Elliott

UC Law SF International Law Review

With the collapse of the Iron Curtain and the increasing depolarization of the international community, the United Nations is being heralded as the vehicle for a new world order. World political leaders are reaffirming their commitment to the United Nations as the forum for resolution of international conflicts. Notwithstanding their public support, however, the United States and Great Britain may actually have undermined the emerging credibility of the United Nations by insisting that they had the right to take independent action against Iraq after its 1990 invasion of Kuwait. The two nations justified independent action as an exercise of Kuwait's …

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Implementing A United Nations Security Council Resolution: The President's Power To Use Force Without The Authorization Of Congress, Matthew D. Berger Jan 1991

Implementing A United Nations Security Council Resolution: The President's Power To Use Force Without The Authorization Of Congress, Matthew D. Berger

UC Law SF International Law Review

In light of the history of the United States Constitution and the continued expansion of Presidential power, the author urges the Congress, the press, and the American public to examine carefully every new assertion of Presidential power. This Note specifically focuses on the recent Persian Gulf conflict and President Bush's justifications for the use of military force without congressional approval. The Note presents three distinct arguments: First, President Bush never had the constitutional power to use military force to implement a Security Council resolution without congressional authorization; second, the Persian Gulf conflict was a war within the meaning of the …

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Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan Jan 1991

Abandoning The Rule Of Non-Inquiry In International Extradition, David B. Sullivan

UC Law SF International Law Review

Under the rule of non-inquiry, a United States court is barred from denying extradition of an accused criminal, even when it is clear that the accused will be the victim of torture or cruel and inhumane treatment in the requesting country. This Note argues that the rule of non-inquiry should be replaced by a rule more.sensitive to humanitarian concerns. The Note begins by describing the international extradition process and the origins of the rule of non-inquiry. Next, it sets forth the dicta of Gallina v. Fraser, which proposed an exception to the rule of noninquiry. The Note suggests that an …

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A Harvest Of Shame: The Imposition Of Independent Contractor Status On Migrant Farmworkers And Its Ramifications For Migrant Children, Jeanne M. Glader Jan 1991

A Harvest Of Shame: The Imposition Of Independent Contractor Status On Migrant Farmworkers And Its Ramifications For Migrant Children, Jeanne M. Glader

UC Law Journal

A recent trend in the American agricultural industry is the practice among growers of classifying farm workers as independent contractors rather than employees. The Fair Labor Standards Act was enacted by Congress in 1938 to eliminate labor conditions detrimental to the maintenance of the minimum standard of living necessary for the health, efficiency, and well-being of workers. The Act's protections specifically include workers' compensation insurance, health and safety standards, unemployment and disability insurance, and perhaps most importantly, prohibitions against oppressive child labor. Under the terms of the Act, however, only employees are covered by the legislation, not independent contractors. Because …

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Intellectual Property Protection And Import Trade: Making Section 337 Consistent With The General Agreement On Tariffs And Trade, Anne L. Spangler Jan 1991

Intellectual Property Protection And Import Trade: Making Section 337 Consistent With The General Agreement On Tariffs And Trade, Anne L. Spangler

UC Law Journal

This Note considers recent criticism of and efforts to reform section 337 of the Tariff Act of 1930. Section 337 provides administrative relief from unfair import practices through the International Trade Commission (ITC). These unfair import practices include the import of goods that infringe upon valid U.S. intellectual property rights. Congress amended section 337 in 1988 to ease access to the administrative forum for holders of intellectual property rights. By preserving some barriers to the forum, however, section 337 maintains a precarious balance between two conflicting policies: greater protection of U.S. intellectual property rights, and protection of U.S. industry and …

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Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson Jan 1991

Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson

UC Law SF International Law Review

With the advent of Tokyo as one of the world's leading securities markets, the importance of uniform trade laws has become paramount. The author examines some of the cultural idiosyncrasies of doing business in the United States and Japan which may hinder this goal. He argues that these must be well understood before regulations creating a global market can be implemented.

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Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato Jan 1991

Emerging Issues Associated With Twenty-Four Hour World Securities Trading, Mitsuo Sato

UC Law SF International Law Review

This Article analyzes the possibility of twenty-four hour trading from a market regulator's perspective. The author proposes four alternative patterns on which to base a twenty-four hour securities market and concludes that linking exchanges in different time zones, along the lines of the foreign exchange market, represents the most realistic possibility. The author warns, however, that current trends towards standardization do not necessarily represent the creation of a global market or even the desire for one. The competitive nature of stock exchanges must be recognized by market regulators in striving towards this goal.

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Contractual Assurances In Multinational Agreements To Purchase Or Sell U.S. Businesses--Cultural Differences Heighten Normal Conflicts, Barry Fink Jan 1991

Contractual Assurances In Multinational Agreements To Purchase Or Sell U.S. Businesses--Cultural Differences Heighten Normal Conflicts, Barry Fink

UC Law SF International Law Review

This Article discusses some of the difficulties of multinational contracting by examining some major differences in the American and Japanese methods of allocating contractual responsibilities. His insights are offered in the hope that debate over the differing concepts will lead to greater understanding and facilitate further international dealings.

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Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane Jan 1991

Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane

UC Law SF International Law Review

This Article outlines the salient characteristics of American securities litigation and discusses the procedural aspects of international disputes in American courts. The Article also provides some insights into alternative dispute resolution of these matters. The Author advances the notion that the difficulties associated with international litigation in the United States may be overcome by prior agreements and planning, as well as by legislative reform of the system and international agreements.

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Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love Jan 1991

Dispute Resolution Between Investors And Broker-Dealers In The United States Securities Markets, Catherine Mcguire, Robert Love

UC Law SF International Law Review

The securities markets in the United States have provided increasingly sophisticated arbitration fora for the resolution of securities disputes. U.S. statutory and case law, moreover, has been increasingly favorable to the resolution of international commercial disputes by arbitration. As international markets continue to link, and cross-border disputes arise, parties will be challenged to make creative application of the new arbitrations rules, and to identify areas where change and accommodation are needed.

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