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Articles 6061 - 6090 of 8918
Full-Text Articles in Law
Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen
Trade-Based Remedies For Copyright Infringement: Utilizing A Loss-Preventative Synthesis, Antionette M. Von Dem Hagen
UC Law SF Communications and Entertainment Journal
Foreign infringement of U.S. intellectual property rights continues to affect U.S. business revenue, particularly for copyright-dependent industries. Trade-based remedies-such as sections 301 and 337 of the Trade Act of 1974, recently amended by the Omnibus Trade and Competitiveness Act of 1988-may be used to combat this infringement successfully. Sections 301 and 337 have generally been used separately as distinct remedies for different problems. This Note suggests, however, that in view of U.S. industries' long-term goal of reducing revenue losses attributable to foreign intellectual property infringement, sections 301 and 337 are more effectively used in tandem, particularly against copyright infringement. This …
The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin
The Department Of Communications: A Plan And Policy For The Abolition Of The Federal Communications Commission, Michael F. Starr, David J. Atkin
UC Law SF Communications and Entertainment Journal
Few areas of federal oversight have been as inconsistently addressed as that involving the regulation of broadcast and wire communication. Action in this realm has been all too often governed by political, rather than social or economic, imperatives. Many, no doubt, accept this situation as a necessary element of democratic decisionmaking. The deregulatory fervor of the 1980s could thus be seen as part of a long-term process of political redefinition. The consequences of regulatory neglect in this area will affect more than the traditional broadcast constituency of the Federal Communications Commission (FCC). For, as traditional distinctions between communications technologies continue …
What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron
What Does The Fairness Doctrine Controversy Really Mean, Jerome A. Barron
UC Law SF Communications and Entertainment Journal
In 1987, the FCC repealed broadcasting's Fairness Doctrine. This longestablished Doctrine required broadcasters to adequately cover issues of public importance and to provide a balanced presentation of controversial viewpoints. Opponents of the Fairness Doctrine would make broadcasting fungible, in a first amendment sense, with the print media. But what distinguishes broadcasting from the print media is not the Fairness Doctrine, but licensing in the public interest. This Commentary contends that there is an inherent bedrock fairness principle rooted in the public interest standard of the Federal Communications Act of 1934. The public interest standard is an independent source for the …
The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur
The Constitutional Administration Of The Beirut Agreement: Paradox Or Possibility, Alison E. Baur
UC Law SF Communications and Entertainment Journal
The Beirut Agreement is a multilateral treaty that allows for the dutyfree exchange of audiovisual materials, if they are certified by the exporting country to be "cultural, educational or scientific." The certification criteria used by the United States to define these terms was struck down as unconstitutional in the case of Bullfrog Films v. Wick. This Note analyzes the Bullfrog case and its subsequent appeal, as well as the issues surrounding the continued efforts of the United States Information Agency to draft satisfactory criteria. The Note concludes with the author offering suggestions for a constitutionally acceptable set of certification criteria.
Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood
Mandatory Television Access For Minor Party Presidential Candidates: Revamping Section 315 Of The Equal Opportunities Doctrine, M. Shannon Underwood
UC Law SF Communications and Entertainment Journal
The Equal Opportunities Doctrine requires that broadcasters providing exposure to candidates make comparable time available to all other candidates for the same elective office. Unfortunately, the Doctrine has been emasculated by exemptions that provide the Republican and Democratic candidates with free air time while denying time to minor party candidates, thus frustrating the Doctrine's goal of informing the public of a wide array of political thought. This Note argues that the exemptions from the Doctrine should be narrowed and also advocates a system of mandatory access for political candidates based upon their showing in the polls.
Ode To A Crim Teacher, Laura Weinstock
Ode To A Crim Teacher, Laura Weinstock
UC Law SF Journal on Gender and Justice
No abstract provided.
Beyond The Battered Woman Syndrome: An Argument For The Development Of New Standards And The Incorporation Of A Feminine Approach To Ethics, Deborah Kochan
Beyond The Battered Woman Syndrome: An Argument For The Development Of New Standards And The Incorporation Of A Feminine Approach To Ethics, Deborah Kochan
UC Law SF Journal on Gender and Justice
No abstract provided.
Less State Intervention And Greater State Assistance Equals Greater Maternal Rights And Less Prenatal Abuse, Cecilia Mcgraw
Less State Intervention And Greater State Assistance Equals Greater Maternal Rights And Less Prenatal Abuse, Cecilia Mcgraw
UC Law SF Journal on Gender and Justice
No abstract provided.
The Money Of Color: Film Colorization And The 100th Congress, Dan Renberg
The Money Of Color: Film Colorization And The 100th Congress, Dan Renberg
UC Law SF Communications and Entertainment Journal
This Article examines the legal and legislative history of the National Film Preservation Act of 1988, the first federal legislation dealing with the controversial issue of film colorization. It analyzes the arguments advanced by some members of the motion picture industry in favor of banning all colorization performed without the author's consent. The Article concludes with a forecast of how the 101st Congress will handle further requests for legislation that would protect the integrity of black-and-white films and their creators.
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester
UC Law SF Communications and Entertainment Journal
Post-employment non-compete covenants are problematic on both economic policy and individual rights bases. Such convenants are prevalent in the broadcast news industry, where enforcement is inconsistent and unpredictable largely because of the "unique services" rationale. The author argues that the problem of enforceability should be addressed statutorily.
Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach
Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach
UC Law SF Communications and Entertainment Journal
Both the California Constitution and Evidence Code provide journalists with "shield" law protection that allows them to avoid contempt citations for failing to answer subpoenas. This protection allows them to ensure source confidentiality and is integral to the newsgathering process. However, it clashes with the federal constitutional guarantee that criminal defendants may subpoena information for their defense. This Note examines the controversy that arises when a criminal defendant seeks access via subpoena to the same information a reporter seeks to protect. The author proposes a revised approach to supplant currently inadequate standards for resolving such controversies.
Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz
Aural Sex: Has Congress Gone Too Far By Going All The Way With Dial-A-Porn, Heidi Skuba Maretz
UC Law SF Communications and Entertainment Journal
Dial-a-Porn continues to be a multimillion dollar industry in this country. Amendments in 1988 to the federal statute governing Dial-a-Porn resulted in a complete prohibition of all obscene and indecent recorded phone messages. The Supreme Court is expected to rule on the constitutionality of this statute for the first time in July 1989 in Sable Communicatios v. FCC. This Note discusses the statute in its current and pre-amendment forms and analyzes Second and Ninth Circuit decisions attempting to balance the competing interests concerning Dial-a- Porn. The author argues that the current statute is unconstitutional and should be struck down in …
A Suggested Approach To The First Amendment Issues Involved In Broadcast Regulation, Jonathan D. Blake, Debora L. Osgood
A Suggested Approach To The First Amendment Issues Involved In Broadcast Regulation, Jonathan D. Blake, Debora L. Osgood
UC Law SF Communications and Entertainment Journal
The debate over the first amendment justification for broadcast regulation has become heatedly polarized between the print-model, "look, Ma, no hands" theory of broadcast regulation and the public ownership/ public trustee model. This debate has assumed an even greater urgency this year because of the appointment of Alfred Sikes as the new Chairman of the Federal Communications Commission (FCC) and because of Congress' heightened interest in, and intense scrutiny of, the FCC's treatment of broadcast regulatory issues. In this article, the authors suggest that the FCC's traditional spectrum allocation responsibilities provide an appropriate and constitutionally defensible starting point for developing …
Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson
Punitive Damages In Libel Cases After Browning-Ferris, P. Cameron Devore, Marshall J. Nelson
UC Law SF Communications and Entertainment Journal
The award of punitive damages in libel cases has been a topic of constitutional debate ever since the United States Supreme Court imposed first amendment restrictions on state libel laws in 1964. More recently, the constitutionality of punitive damages has been challenged in non-libel cases under the eighth and fourteenth amendments. Last year, in Browning-Ferris Industries of Vermont v. Kelco Disposal, Inc., the Supreme Court held that punitive damages are not prohibited by the eighth amendment but expressly reserved the fourteenth amendment issue for later consideration. This Article examines Browning- Ferris in light of the Court's prior treatment of punitive …
A Fifth Branch Of Government: The Private Regulators And Their Constitutionality, Harold I. Abramson
A Fifth Branch Of Government: The Private Regulators And Their Constitutionality, Harold I. Abramson
UC Law Constitutional Quarterly
No abstract provided.
Toward An Eclectic Approach To Separation Of Powers: Morrison V. Olson Examined, Keith Werhan
Toward An Eclectic Approach To Separation Of Powers: Morrison V. Olson Examined, Keith Werhan
UC Law Constitutional Quarterly
No abstract provided.
Voter Standing: A New Means For Third Parties To Challenge The Tax-Exempt Status Of Nonprofit Organizations, Joanne L. Dunec
Voter Standing: A New Means For Third Parties To Challenge The Tax-Exempt Status Of Nonprofit Organizations, Joanne L. Dunec
UC Law Constitutional Quarterly
No abstract provided.
Introduction, Stanley Mosk
More Than Shreds And Patches: California's First Bill Of Rights, Christian G. Fritz
More Than Shreds And Patches: California's First Bill Of Rights, Christian G. Fritz
UC Law Constitutional Quarterly
No abstract provided.
New Frontiers: Individual Rights Under The California Constitution, Margaret C. Crosby
New Frontiers: Individual Rights Under The California Constitution, Margaret C. Crosby
UC Law Constitutional Quarterly
No abstract provided.
Should California's Constitutional Guarantees Of Individual Rights Apply Against Private Actors, Jennifer Friesen
Should California's Constitutional Guarantees Of Individual Rights Apply Against Private Actors, Jennifer Friesen
UC Law Constitutional Quarterly
No abstract provided.
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
UC Law Constitutional Quarterly
No abstract provided.
Checking California's Plebiscite, Julian N. Eule
Checking California's Plebiscite, Julian N. Eule
UC Law Constitutional Quarterly
No abstract provided.
When Is Initiative Lawmaking Not Republican Government, Hans A. Linde
When Is Initiative Lawmaking Not Republican Government, Hans A. Linde
UC Law Constitutional Quarterly
No abstract provided.
In Search Of Bigfoot: The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
In Search Of Bigfoot: The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
UC Law Constitutional Quarterly
No abstract provided.
The Federal Rules, The Adversary Process, And Discovery Reform, William W. Schwarzer
The Federal Rules, The Adversary Process, And Discovery Reform, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Final Report Of The California Senate Task Force On Family Equity, Joanne Schulman, Sara Mccarthy, Mimi Modisette
Final Report Of The California Senate Task Force On Family Equity, Joanne Schulman, Sara Mccarthy, Mimi Modisette
UC Law SF Journal on Gender and Justice
No abstract provided.
Foreword, Mary Dunlap
A Personal Journey Through Feminist Legal Theory, Diane M. Bessette
A Personal Journey Through Feminist Legal Theory, Diane M. Bessette
UC Law SF Journal on Gender and Justice
No abstract provided.
Personal Experiences Of A Deaf Law Student, Alice Mcgill
Personal Experiences Of A Deaf Law Student, Alice Mcgill
UC Law SF Journal on Gender and Justice
No abstract provided.