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Articles 6181 - 6210 of 8918

Full-Text Articles in Law

Tax Planning For Japanese Investment In The United States, Alan S. Woodberry, Neal W. Zimmerman Jan 1988

Tax Planning For Japanese Investment In The United States, Alan S. Woodberry, Neal W. Zimmerman

UC Law SF International Law Review

This Article presents a discussion of various structural tax issues that a Japanese company should consider when acquiring or starting a business in the United States. Its purpose is to offer tax planning ideas which will allow Japanese investors to minimize United States and Japanese taxes without unduly altering nontax considerations. The Article begins by examining the tax implications of operating through a United States subsidiary versus a branch. It then discusses the purchase of a United States business, focusing on the pros and cons of both stock and asset acquisitions. In conclusion, it considers the following areas: structuring the …

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The South African Judicial Order And The Future: A Comparative Analysis Of The South African Judicial System And Judicial Transitions In Zimbabwe, Mozambique, And Nicaragua, Heinz J. Klug Jan 1988

The South African Judicial Order And The Future: A Comparative Analysis Of The South African Judicial System And Judicial Transitions In Zimbabwe, Mozambique, And Nicaragua, Heinz J. Klug

UC Law SF International Law Review

South African courts function as an integral part of the apartheid system, enforcing apartheid legislation on the one hand while suppressing resistance by the black majority on the other. First, this Note analyzes the existing judicial order in South Africa focusing on its development in the context of the apartheid system. Second, this Note compares the experiences of judicial transformation following political revolutions in Zimbabwe, Mozambique, and Nicaragua.. The comparison serves to identify how different factors, including varying forms of political transformation and social resources available to a new government, produce constraints and stimuli to judicial transformation. Finally, this Note …

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The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton Jan 1988

The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton

UC Law SF International Law Review

Nicaragua has recently adopted its first constitution since the 1979 Sandinista Revolution. The Constitution tries to institutionalize and legitimate the power of the FSLN and the Revolution itself within the framework of a basically westernstyle constitution. This Article examines the text of the Nicaraguan Constitution to explore the political philosophy underlying constitutionalism in Nicaragua, with particular attention to the place of the Party and the Revolution in the Constitution. The Article considers tensions in the Constitutional text between legitimating the power of the FSLN and creating institutions that limit that same power. Finally, the Article considers the idea, stated in …

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Visual Arts And The Law: A Bibliography, Part Ii, Gail I. Winson Jan 1988

Visual Arts And The Law: A Bibliography, Part Ii, Gail I. Winson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Obtaining Early And Effective Relief Against Trademark Counterfeiting, Neil A. Smith Jan 1988

Obtaining Early And Effective Relief Against Trademark Counterfeiting, Neil A. Smith

UC Law SF Communications and Entertainment Journal

Counterfeiting has become a worldwide industry which generates over a billion dollars worth of business in the U.S. The author traces the development of court-created remedies for trademark counterfeiting, which include temporary and preliminary injunctions, temporary restraining orders (TROs), orders for production and inspection of records and inventory, and seizures of counterfeit merchandise by U.S. Marshalls. Recently, courts have expanded these remedies to include ex parte TROs, granted without notice to the alleged counterfeiter, and sometimes without knowledge of the identity of the counterfeiter, and seizure of counterfeit goods by the plaintiff or the plaintiff's attorney. The author also discusses …

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California's Parental Consent Statute: A Constitutional Challenge, Theresa M. Walker Jan 1988

California's Parental Consent Statute: A Constitutional Challenge, Theresa M. Walker

UC Law Journal

In 1987, California enacted legislation that mandates parental involvement in pregnant minors' abortion decisions. California's Parental Consent Statute requires unemancipated minor women to obtain the consent of one parent for an abortion, but provides a judicial bypass alternative for mature minors or those whose best interests are served by a confidential abortion. While this statute appears to comply with federal constitutional standards, this Note argues that the statute cannot withstand the stricter scrutiny of California constitutional law. The Note finds the statute vulnerable to California constitutional attack under two theories: (1) because it gives a third party absolute veto power …

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Countertrade, The Gatt, And The Theory Of The Second Best, William D. Zeller Jan 1988

Countertrade, The Gatt, And The Theory Of The Second Best, William D. Zeller

UC Law SF International Law Review

Countertrade, which refers to international barter and barterlike transactions, has grown rapidly in recent years, becoming a permanent part of the world economy. This growth has occurred despite criticisms that countertrade is inefficient and creates distortions that could undermine the multilateral trade system. This Article defends countertrade against such arguments and asserts that countertrade actually enhances international trade. After initially reviewing the different types of countertrade, the author argues that countertrade is an appropriate response to the disequilibrium of a "second-best" world, because its trade-creating effects outweigh its trade-diverting effects. The author also asserts that countertrade is not inconsistent with …

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The 1962 Cuban Missile Agreement: Status And Prospects Upon Its Second Quarter-Century, George Steven Swan Jan 1988

The 1962 Cuban Missile Agreement: Status And Prospects Upon Its Second Quarter-Century, George Steven Swan

UC Law SF International Law Review

This Article reviews the 1962 Soviet-American-Cuban Missile Agreement in the perspective of American Constitutional law, particularly in light of presidential authority. It notes the high degree of respect afforded to presidential diplomatic and military moves in times of crisis by the Supreme Court. It recounts the broad extent of presidential foreign policy making authority and it observes difficulties confronting parties hoping to challenge the exercise of such authority in court. Such challenges to be surmounted by prospective plaintiffs would be the standing problem and the political question problem, respectively. The discussion also apprehends that the 1962 undertaking has been determined …

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Homosexuality And The European Convention On Human Rights: What Rights, Daniel J. Kane Jan 1988

Homosexuality And The European Convention On Human Rights: What Rights, Daniel J. Kane

UC Law SF International Law Review

This Note discusses the status of homosexual persons under the European Convention on Human Rights by tracing cases under the Convention that have challenged member states' criminalization of homosexual relations. These cases rest largely on the Convention's right of privacy, which has recently been held to embody the right of homosexual adults to engage in consensual sexual relations free from state criminalization. In other aspects, however, the Convention has denied antidiscrimination protection to homosexual persons, despite the existence of guarantees in the Convention that prohibit such discrimination. This Note draws upon these provisions to outline the framework upon which such …

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Changes In The Laws Governing The Parent-Child Relationship In Post-Revolutionary Nicaragua, Beth Stephens Jan 1988

Changes In The Laws Governing The Parent-Child Relationship In Post-Revolutionary Nicaragua, Beth Stephens

UC Law SF International Law Review

Nicaragua provides a useful case analysis for the response of family law to change. This Article reviews family law in effect in Nicaragua prior to the 1979 revolution. The Article then describes how the overthrow of the Somoza regime affected law and legislation in general. The most important new legislation affecting the parent-child relationship is discussed with emphasis on the 1982 law regulating family relationships and the family law provisions of the 1987 Nicaraguan Constitution. The Article analyzes the recent reforms with regards to the relevant international standards.

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Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach Jan 1988

Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach

UC Law SF International Law Review

Traditional religious law is enforced in both Saudi Arabia and Israel. In Saudi Arabia it is dominant and unchangeable, while in Israel the Knesset carefully selects when to use religious law. This Note examines the religious legal systems of Islam and Judaism as they are used in these countries. This Note particularly examines Islamic criminal law and Jewish family law. The Note also examines some of the problems that have been caused by the use of ancient legal systems.

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United States, Canadian, And International Refugee Law: A Critical Comparison, Ronald C. Silberstein Jan 1988

United States, Canadian, And International Refugee Law: A Critical Comparison, Ronald C. Silberstein

UC Law SF International Law Review

Both Canada and the United States are bound through the United Nations Protocol Relating to the Status of Refugees to establish domestic laws consistent with the Protocol that facilitate the resettlement of refugees. Both countries define refugees as persons outside their country of residence who are unwilling or unable to return, owing to a well-founded fear of persecution on account of race, religion, social group, political opinion or nationality. However, the United States interprets this definition in a manner very different from that of Canada. Canada uses one standard for the classification of refugees and, with few exceptions, guarantees to …

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Comparative Analysis Of English And American Campaign Finance Laws, Rod Stanton Fiori Jan 1988

Comparative Analysis Of English And American Campaign Finance Laws, Rod Stanton Fiori

UC Law SF International Law Review

Campaign finance laws have been adopted in many countries to combat corruption, to moderate campaign costs, to equalize the financial ability of candidates to win elections, and to reduce disparities in the influence of contributors. This Note compares the American and British efforts to control campaign financing. The author finds that many of the goals of campaign laws have not been met in the United States, because the laws have had to remain within first amendment limits and because the laws have not been enforced on a regular basis. More effective campaign finance laws have been adopted in England, but …

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Protections Against Compelled Production Of Private Papers In England And The United States, Kenneth R. Lehman Jan 1988

Protections Against Compelled Production Of Private Papers In England And The United States, Kenneth R. Lehman

UC Law SF International Law Review

When a government compels a person to produce private papers as evidence, the person may be adversely affected in two ways. First, the papers may be used to incriminate the person who provided them. Second, production of the papers may reveal the writer's intimate thoughts. This Note compares how these interests are protected under British and American law. The author finds that, while compelled production of self-incriminating evidence was not prohibited in the early part of British history, it is now a standard rule of evidence in England that a witness cannot be forced to produce self-incriminating evidence. Conversely, while …

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The Montreal Protocol On Substances That Deplete The Ozone Layer: Can It Keep Us All From Needing Hats, Sunglasses, And Suntan Lotion, Paul R. Tourangeau Jan 1988

The Montreal Protocol On Substances That Deplete The Ozone Layer: Can It Keep Us All From Needing Hats, Sunglasses, And Suntan Lotion, Paul R. Tourangeau

UC Law SF International Law Review

Damage to the earth's stratospheric ozone layer is an inherently international issue requiring a forthright and fresh approach to international problem solving. The Montreal Protocol on Substances that Deplete the Ozone Layer is a landmark environmental treaty. It requires participating nations to freeze and then reduce production and consumption of economically valuable, but environmentally harmful, chemical compounds. This Note analyzes the efficacy of the provisions of the Protocol in light of both the original and new information on damage to the ozone layer. Discussion will focus on the structure and content of the chemical control measures, concessions for less developed …

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The Fact/Opinion Distinction In Libel, Timothy W. Gleadon Jan 1988

The Fact/Opinion Distinction In Libel, Timothy W. Gleadon

UC Law SF Communications and Entertainment Journal

Following Gertz v. Robert Welch, Inc., state and federal courts struggled to develop guidelines to distinguish fact from opinion in libel law. While the existing guidelines have resulted in broader constitutional protection of opinion statements, they do not constrain ad hoc judicial interpretation of text as either fact or opinion. This article examines the fact/opinion distinction from both a communication and a legal perspective and argues that the use of an interdisciplinary approach to the fact/opinion question exposes fundamental problems with the existing guidelines. The author concludes that for opinion to have adequate constitutional protection, context should be used as …

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What Is A Newspaper Under California's Retraction Statute - Enquiring Minds Want To Know, Catherine M. Bump Jan 1988

What Is A Newspaper Under California's Retraction Statute - Enquiring Minds Want To Know, Catherine M. Bump

UC Law SF Communications and Entertainment Journal

California Civil Code section 48a limits recovery in defamation suits against newspapers to special damages, unless the plaintiff has unsuccessfully demanded a retraction from the media defendant The seminal case on this issue, Burnett v. National Enquirer, Inc., failed to provide a clear test of what constitutes newspaper status. The author argues that the resulting uncertainty has precipitated a chilling effect on media. In addition, the author contends that modern libel litigation rarely fulfills plaintiffs' objectives and that a broader retraction statute would be a step toward better serving both plaintiffs and defendants in libel cases.

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Women's International League For Peace And Freedom, Fresno Branch V. City Of Fresno: Free Speech Access To Transit Cars Under The California Constitution, Lisa F. Graul Jan 1988

Women's International League For Peace And Freedom, Fresno Branch V. City Of Fresno: Free Speech Access To Transit Cars Under The California Constitution, Lisa F. Graul

UC Law SF Communications and Entertainment Journal

In Women's International League for Peace and Freedom, Fresno Branch v. City of Fresno, a California court of appeal held that under the California Constitution the area within a public bus is not a public forum. Although the court purported to act under the California Constitution, its ruling instead followed the reasoning of a factually similar United States Supreme Court case, which based its ruling on the first amendment to the U.S. Constitution. This note argues that a different outcome should have been reached, based on the case law interpreting the California Constitution's unique "liberty of speech" clause.

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Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond, James L. Primm Jan 1988

Rediscovering Traditional Tort Typologies To Determine Media Liability For Physical Injuries: From The Mickey Mouse Club To Hustler Magazine, John L. Diamond, James L. Primm

UC Law SF Communications and Entertainment Journal

Confusion exists in the courts over when to impose liability on media defendants for physical injuries. While media defendants are regularly subjected to claims of defamation, invasion of privacy, and sometimes intentional infliction of emotional distress, claims of liability for physical injuries caused by media publication have most often been rejected over concern about infringing on first amendment protection. The authors argue that courts have inappropriately denied liability by failing to differentiate among kinds of media liability cases and by failing to analyze them as they would similar tort cases. The proper differentiation of these cases would insure against diminution …

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The Search For Consistency In Constitutional Defamation Law, Elmer Gertz Jan 1988

The Search For Consistency In Constitutional Defamation Law, Elmer Gertz

UC Law SF Communications and Entertainment Journal

Since the U.S. Supreme Court's historic ruling in New York Times v. Sullivan, the law of defamation has been developed largely by the Supreme Court with constitutional protections, removed from common law or statutory development by the states. The author, the plaintiff in the leading defamation case of Gertz v. Robert Welch, Inc., traces the constitutionalization of the law of defamation. The author argues that the Supreme Court decisions since New York Times have been inconsistent and have resulted in the localization of constitutional protection, such that the result in a given defamation case depends on the state in which …

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Comments On International Video Piracy - A Review Of The Problem And Some Potential Solutions, John D. Maatta, Lorin Brennan Jan 1988

Comments On International Video Piracy - A Review Of The Problem And Some Potential Solutions, John D. Maatta, Lorin Brennan

UC Law SF Communications and Entertainment Journal

Since the introduction of videocassettes, video piracy has become a problem of international proportions. The authors summarize the various types of video piracy and discuss anti-piracy actions taken by governments and film associations. The authors explore possible solutions to the piracy problem, including an international registration system called a "Carnet de Passage."

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Daily Herald Co. V. Munro: 9th Circuit Strikes Down Limits On Election Day Broadcast Of Exit Polls, David J. Cowan Jan 1988

Daily Herald Co. V. Munro: 9th Circuit Strikes Down Limits On Election Day Broadcast Of Exit Polls, David J. Cowan

UC Law SF Communications and Entertainment Journal

The broadcast of east coast presidential voting returns before the polls have closed in western time zones has led two western states to enact legislation limiting the media's access to polling places on election day. Proponents of such statutes argue that allowing the media to obtain exit poll data and project the winners before the polls close discourages voters and leads to skewed election results. In Daily Herald Co. v. Munro, the 9th Circuit held that the State of Washington's poll closing statute violated the first amendment if its purpose was to prevent broadcasting of early election returns. The author …

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New Concepts Of Contract Liabilities In College Sports: Member Institutions V. The National Collegiate Athletic Association, Kenneth L. Shropshire Jan 1988

New Concepts Of Contract Liabilities In College Sports: Member Institutions V. The National Collegiate Athletic Association, Kenneth L. Shropshire

UC Law SF Communications and Entertainment Journal

"Big time" college sports are governed by the National Collegiate Athletic Association (NCAA). This private association has the ability to make decisions that can have a devastating financial impact on member institutions. This Article examines the contractual relationship between the NCAA and member institutions and maintains that an award of punitive damages may be appropriate in certain contract breach situations.

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The Chilling Effect Of Overprotecting Facutal Narrative Works, Jee Hi Park Jan 1988

The Chilling Effect Of Overprotecting Facutal Narrative Works, Jee Hi Park

UC Law SF Communications and Entertainment Journal

In Salinger v. Random House, Inc., the Second Circuit Court of Appeals implicitly broadened the scope of an author's copyright protection. The author reviews the background doctrines of copyright law and examines their application in recent cases. The author concludes that Salinger and its progeny have caused uncertainty in defining the threshold of copyrightability and asserts three reasons to reverse the court's decision.

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The Sports Lawyer's Duty To Avoid Differing Interests: A Practical Guide To Responsible Representation, Robert E. Fraley, F. Russell Harwell Jan 1988

The Sports Lawyer's Duty To Avoid Differing Interests: A Practical Guide To Responsible Representation, Robert E. Fraley, F. Russell Harwell

UC Law SF Communications and Entertainment Journal

As in the legal profession generally, lawyers in the sports representation area face numerous potential conflicts of interest in representing athletes and other sports personalities. The author maintains that, despite the pervasiveness of these ethical concerns, it is possible for a sports lawyer to maintain vigorous representation of multiple clients, as well as to "reasonably believe' that such interests will not "materially interfere" with the lawyer's "independent professional judgment." The author suggests that sports lawyers may avoid these conflicts if, following a full disclosure of all multiple interests, they obtain the knowing consent from their multiple clients, thereby narrowing the …

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In The Ordinary Course Of Business: The Legal Limits Of Workplace Wiretapping, Martha W. Barnett, Scott D. Makar Jan 1988

In The Ordinary Course Of Business: The Legal Limits Of Workplace Wiretapping, Martha W. Barnett, Scott D. Makar

UC Law SF Communications and Entertainment Journal

The use of telecommunications monitoring and recording devices in the workplace has generated considerable controversy. The authors untangle the interlocking web of federal and state laws that limit the extent to which private businesses may engage in workplace wiretapping, using the laws of Florida as a paradigm of state regulation. In particular, the authors' analysis of cases which interpret federal and Florida wiretapping statutes indicates that courts often take dissimilar approaches to resolve workplace wiretapping issues. The authors also discuss FCC and state public service commission regulations, as well as the effect of a proposed federal "beeper bill." In conclusion, …

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The Copyrightability Of Computer Program Screen Displays, Laurie Zeeb Kullby Jan 1988

The Copyrightability Of Computer Program Screen Displays, Laurie Zeeb Kullby

UC Law SF Communications and Entertainment Journal

Copyright protection for computer programs has traditionally centered on the computer program itself. Recently, a debate has developed in the computer industry as to whether copyright protection should be expanded to cover the audiovisual screen displays generated by the programs. The author traces the development of the current law on this issue and distinguishes it from video game copyright law, in which the screen display has always been the primary object of copyright protection. The author concludes that computer program screen displays should not be registered separately, but instead should be protected under the copyright of the underlying computer program.

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Piracy And Gray Markets, Robert W. Steele Jan 1988

Piracy And Gray Markets, Robert W. Steele

UC Law SF Communications and Entertainment Journal

The author discusses parallel imports or "gray market goods" in the context of the federal trademark laws, the regulations promulgated by the Customs Service and its enforcement of these regulations. In the recent United States Supreme Court case, K Mart Corp. v. Cartier, Inc., the author argued on behalf of K Mart. In this speech, the author discusses and rebuts the arguments made by his opponent, the Coalition to Preserve the Integrity of American Trademarks (COPIAT) and contends that parallel imports are advantageous to the American consumer and necessary in any effort to reduce the foreign trade deficit. He concludes …

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Some Revisions Of A Gray Market Decalogue: A Response To Messrs. Lewin And Steele, William H. Allen Jan 1988

Some Revisions Of A Gray Market Decalogue: A Response To Messrs. Lewin And Steele, William H. Allen

UC Law SF Communications and Entertainment Journal

The author, who represented the Coalition to Preserve the Integrity of American Trademarks (COPIAT), in the recent United States Supreme Court case, K Mart Corp. v. Cartier, Inc., rebuts the arguments in favor of parallel importation made by Nathan Lewin and Robert W. Steele. The author argues that the Customs Service regulations interpreting section 529 of the Tariff Act of 1930 are incompatible with the Act itself and make no economic sense. He contends that there are policy and legal arguments for enforcing section 526 as written, not as the Customs Service has interpreted it, thereby prohibiting parallel importation. Although …

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Piracy And Gray Markets In The European Economic Community, Richard L. Moxon Jan 1988

Piracy And Gray Markets In The European Economic Community, Richard L. Moxon

UC Law SF Communications and Entertainment Journal

This Article summarizes the establishment and principal purposes of the European Economic Community (EEC) and selected provisions of the Treaty of Rome. The author analyzes the inherent shortcomings of the provisions of the Treaty as they apply or fail to apply to piracy and counterfeiting of various goods, services and labor within the EEC. The author concludes that counterfeit goods and piracy will continue to be a substantial problem in the EEC absent increased cooperation among the member countries and the development of a common policy designed to deal with these issues.

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