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Articles 5881 - 5910 of 8918
Full-Text Articles in Law
Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl
Transfers Of Federal Reclamation Water: A Case Study Of California's San Joaquin Valley, Brian E. Gray, Bruce C. Driver, Richard W. Wahl
Faculty Scholarship
No abstract provided.
Constitutional Values In The Private Sector Workplace, Joseph R. Grodin
Constitutional Values In The Private Sector Workplace, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Easements In The Wake Of Catastrophe: The Legal Fallout, William T. Hutton, Walter T. Moore
Easements In The Wake Of Catastrophe: The Legal Fallout, William T. Hutton, Walter T. Moore
Faculty Scholarship
No abstract provided.
Of Unrequited Deductions (And Lost Hopes), William T. Hutton
Of Unrequited Deductions (And Lost Hopes), William T. Hutton
Faculty Scholarship
No abstract provided.
Primer #1: Bargain Sales, William T. Hutton
Primer #3: Donations Of Appreciated Property-Income Tax Consequences, William T. Hutton
Primer #3: Donations Of Appreciated Property-Income Tax Consequences, William T. Hutton
Faculty Scholarship
No abstract provided.
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Drafting Choice Of Law Rules For Complex Litigation: Some Preliminary Thoughts, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee
Principled Decision Making And The Proper Role Of Federal Appellate Courts: The Mixed Questions Conflict, Evan Tsen Lee
Faculty Scholarship
No abstract provided.
The Discovery Confidentiality Controversy, Richard L. Marcus
The Discovery Confidentiality Controversy, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Federal Tax Amnesty: Crime And Punishment Revisited, Leo P. Martinez
Federal Tax Amnesty: Crime And Punishment Revisited, Leo P. Martinez
Faculty Scholarship
No abstract provided.
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Faculty Scholarship
No abstract provided.
Comity In International Law, Joel R. Paul
Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer
Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer
Faculty Scholarship
No abstract provided.
The New Habeas, Kathleen Patchel
The New Habeas, Kathleen Patchel
UC Law Journal
During its 1990 Term, the United States Supreme Court developed a new retroactivity doctrine that, in effect, destroys independent federal habeas review of state prisoners' constitutional claims in situations other than those involving lack of jurisdiction or failure of process in state court. This new retroactivity doctrine marks the culmination of the Court's trend toward denying federal habeas review of state prisoners' claims in favor of finality of state court determinations. In this Article, Professor Patchel explores the process by which the Burger and Rehnquist Courts developed doctrines restricting the scope of habeas review in the face of Warren Court …
Michigan Department Of State Police V. Sitz: A Roadblock To Meaningful Judicial Enforcement Of Constitutional Rights, Nadine Strossen
Michigan Department Of State Police V. Sitz: A Roadblock To Meaningful Judicial Enforcement Of Constitutional Rights, Nadine Strossen
UC Law Journal
In Michigan Department of State Police v. Sitz, the Supreme Court rejected a fourth amendment challenge to mass, suspicionless searches and seizures at drunk driving roadblocks. In this Article, Professor Strossen analyzes the longrange constitutional impact of Sitz. She argues that the decision epitomizes the Court's recent tendency to eliminate the traditional fourth amendment requirement that any search or seizure of an individual must be based upon a particularized suspicion that the individual has committed, or is about to commit, a crime. The Article then shows how Sitz embodies two more general, interrelated trends in the Rehnquist Court's construction of …
Primer #2: Options, William T. Hutton
Discovery Along The Litigation/Science Interface, Richard L. Marcus
Discovery Along The Litigation/Science Interface, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Assumption Of Risk After Comparative Negligence: Integrating Contract Theory Into Tort Doctrine, John L. Diamond
Assumption Of Risk After Comparative Negligence: Integrating Contract Theory Into Tort Doctrine, John L. Diamond
Faculty Scholarship
No abstract provided.
Itsfea's Effect On Either An Implied Cause Of Action For Damages By Contemporaneous Traders Or An Action For Damages Or Rescission By The Party In Privity With The Inside Trader, William K.S. Wang
Faculty Scholarship
No abstract provided.
Devolution Or Disunion: The Constitution After Meech Lake, Calvin R. Massey
Devolution Or Disunion: The Constitution After Meech Lake, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Martin Lipton And The American Law Institute, Geoffrey C. Hazard Jr.
Martin Lipton And The American Law Institute, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Fundraising (And Maybe Acquisition Planning) With Charitable Remainder Trusts, William T. Hutton
Fundraising (And Maybe Acquisition Planning) With Charitable Remainder Trusts, William T. Hutton
Faculty Scholarship
No abstract provided.
Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson
Alternatives To Copyright Law Protection Of Graphic Characters: The Lanham Act And Antidilution Statutes, Robert E. Anderson
UC Law SF Communications and Entertainment Journal
In an "information age" dominated by mass media entertainment, graphic characters have become increasingly valuable commodities. Federal trademark law and state antidilution statutes provide alternatives to copyright law protection of such hot properties as the "Teenage Mutant Ninja Turtles." This Essay explores how courts determine the existence of secondary meaning in characters, as well as which aspects of a character, such as a costume or nickname, may receive protection. The Essay concludes with an examination of new trends introduced by the entertainment industry and the law of unfair competition.
From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott
From Satirical To Satyrical: When Is A Joke Actionable, Sandra Davidson Scott
UC Law SF Communications and Entertainment Journal
This Article explores the often sexy landscape of satire and parody, asking the question, Has the law gone too far in denying plaintiffs recovery for satire that cannot be taken as literally true? The case of Pring v. Penthouse International provides the touchstone. The author addresses topics including Jerry Falwell's unsuccessful suit against Hustler magazine, the public figure/private person distinction, commercial appropriation of name and likeness, and the opinion/fact distinction. The Article concludes that courts show more sensitivity to commercial than personal injury and fail to appreciate that satire can damage reputations by raising suspicions that statements are based on …
Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter
Scarcity Of The Airwaves: Allocating And Assigning The Spectrum For High Definition Television (Hdtv), Janine S. Natter
UC Law SF Communications and Entertainment Journal
High Definition Television (HDTV) promises a dramatic technological advancement in the quality of video and audio television. This Note asserts that local broadcast television networks must be allocated additional space on the electromagnetic spectrum to transmit the improved signals required for a competitive HDTV system in the United States. Unless additional spectrum frequencies are allocated for broadcast television, the spectrum presently allocated may be insufficient to satisfy all applicants. Therefore, a scheme must be developed to determine which applicants will be granted the right to use any additional frequencies. The author discusses various methods of assigning the spectrum and proposes …
U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel
U.S. Communications Policymaking: Who & (And) Where, Mark S. Nadel
UC Law SF Communications and Entertainment Journal
The author describes the major communications policy forums and provides a directory of the principal individuals and organizations involved in creating the agendas of the forums and other major participants. The Directory covers federal, state, and some local government bodies, and key international communications forums. The Directory also lists academic research centers, policy journals, major conferences and seminar programs, foundations, and advocacy groups.
California V. Fcc: A Victory For The States, Ann E. Rendahl
California V. Fcc: A Victory For The States, Ann E. Rendahl
UC Law SF Communications and Entertainment Journal
In California v. FCC, the Ninth Circuit invalidated the FCC's Computer III Order, a regulatory scheme that changed the method of regulating enhanced services. This Note evaluates the FCC's Computer III Order, focusing on the history of the computer inquiries and the ensuing policy debate between the FCC and state regulatory commissions. The Note analyzes the case law concerning the FCC's preemptive power under the Communications Act of 1934, including the U.S. Supreme Court's decision in Louisiana Public Service Commission and succeeding court of appeal decisions. The author describes the parties' arguments in California v. FCC, explains the Ninth Circuit's …
It Is A Constitution We Are Expounding, Eulis Simien Jr.
It Is A Constitution We Are Expounding, Eulis Simien Jr.
UC Law Constitutional Quarterly
No abstract provided.
A New Perspective On The Judicial Contempt Power: Recommendations For Reform, Louis Raveson
A New Perspective On The Judicial Contempt Power: Recommendations For Reform, Louis Raveson
UC Law Constitutional Quarterly
No abstract provided.