Law Commons^™

Emerging Gray Market Balance: A Global Perspective On Solutions For The Nineties, Timothy P. Rumberger

UC Law SF Communications and Entertainment Journal

Significant harms attend both the unrestrained influx of parallel imports and their blanket exclusion. In light of the recent United States

Supreme Court decision in K Mart Corp v. Cartier, Inc., the author examines the causes, symptoms and competing interests of consumers, manufacturers, domestic trademark owners and gray market importers. This Note considers the contemporary legislative, Judicial and executive approaches toward balancing these interests. The author suggests a solution to capture the benefits of parallel imports while effectively eliminating the dangers by means which fairly allocate the policy burdens on those who enjoy the benefits.

Only The News That's Fit To Print: Student Expressive Rights In Public School Communications Media After Hazelwood V. Kuhlmeier, Christopher J. Palmero

UC Law SF Communications and Entertainment Journal

Free expression rights guaranteed to high school students vary widely across America. High school student journalists' first amendment rights were drastically curtailed recently by the United States Supreme Court in Hazelwood v. Kuhlmeier, but California has enacted a statute giving substantial free speech protection to public school students. The author analyzes legal standards articulated by the U.S. Supreme Court, the California legislature, and California courts, applying both federal and California standards to a variety of student expressive media. The author concludes that both standards could be improved by requiring schools to adopt written guidelines and suggests criteria for such guidelines.

Where Will The Buck Stop On California Penal Code Section 330: Solving The Stud-Horse Poker Conundrum, Michael Pierce Singsen

UC Law SF Communications and Entertainment Journal

In California, while it is legal to gamble at the game of draw poker, it is unlawful to play other types of poker, including stud and hold'em. The source of this curious distinction is an 1885 amendment to California Penal Code § 330, which specifically forbids the game of "studhorse poker." One hundred years later, the courts are wrestling with the scope and meaning of this statutory prohibition of a game which is undefined and no longer played by that name. The focus of the dispute is whether the popular game of hold'em poker is outlawed. The author traces the …

May It Rest In Peace: Public Interest And Public Access In The Post-Fairness Doctrine Era, Richard E. Labunski

UC Law SF Communications and Entertainment Journal

Until it was abolished by the Federal Communications Commission in 1987, the Fairness Doctrine was the clearest symbol of broadcasting's "second-rate" first amendment status. This Article traces the history and demise of the Fairness Doctrine and urges Congress to abandon current efforts to enact the Doctrine into law. The author proposes, instead, a system of access that provides broadcast journalists with the full first amendment protection they have long sought, and at the same time protects and enhances the public's interest in broadcasting.

Ideological Exclusions: A Prior Restraint Analysis, Daniel M. Torrence

UC Law SF Communications and Entertainment Journal

The McCarran-Walter Act gives the State Department and the Immigration and Naturalization Service the power to deny visas to visiting foreigners because of their political beliefs. The author argues that excluding foreigners in this way prevents U.S. citizens from exchanging ideas and information with these excluded people, thus infringing the constitutional rights of citizens. Because the first amendment includes a right to receive information and ideas, regardless of their source, the author contends that these ideological exclusions under the authority of the McCarran-Walter Act are unconstitutional.

Advertiser Liability: Soldier Of Fortune Cases Take Deadly Aim At Publishers, Neil L. Shapiro, Karl Olson

UC Law SF Communications and Entertainment Journal

Publishers traditionally have enjoyed immunity from tort liability in running other parties' advertisements. Two recent suits against Soldier of Fortune magazine, arising from the publication of ads for mercenaries, have proved an exception to this rule. In this Commentary, the authors review the law and urge that negligence alone is an insufficient basis on which to impose liability upon a publisher for running another's ad. Rather, the authors argue that liability should be imposed only when the ad promotes a likelihood of lawless conduct which, in turn, creates a substantial risk of serious bodily harm.

Black Men, Red Men, And The Constitution Of 1787: A Bicentennial Apology From A Middle Templar, Louis F. Claiborne

UC Law Constitutional Quarterly

No abstract provided.

Offensive Use Of The Insanity Defense: Imposing The Insanity Defense Over The Defendant's Objection, David S. Cohn

UC Law Constitutional Quarterly

No abstract provided.

Circumventing Due Process: A Judicial Response To Criminal Recidivism Under The Bail Reform Act, Shari J. Cohen

UC Law Constitutional Quarterly

No abstract provided.

From Tameny To Foley: Time For Constitutional Limitations On California's Employment At Will Doctrine, Elisabeth C. Brandon

UC Law Constitutional Quarterly

No abstract provided.

False Prophet--Justice Brennan And The Theory Of State Constitional Law, Earl M. Maltz

UC Law Constitutional Quarterly

No abstract provided.

The Costs Of Fee Speech--Restrictions On The Use Of Union Dues To Fund New Organizing, Jennifer Friesen

UC Law Constitutional Quarterly

No abstract provided.

The Death Penalty Revisited, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

Preemption And Federalism: The Missing Link, Paul Wolfson

UC Law Constitutional Quarterly

No abstract provided.

Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown

UC Law Constitutional Quarterly

No abstract provided.

Reforming The Mining Law: Problems And Prospects, John D. Leshy

Faculty Scholarship

No abstract provided.

Land Use Regulatory Takings Revisited: The New Supreme Court Approaches, Craig A. Peterson

UC Law Journal

No abstract provided.

Stein V. Plainwell Community Schools--The American Civil Religion And The Establishment Clause, Linn Van Meter-Drew

UC Law Constitutional Quarterly

No abstract provided.

California V. Brown: Against The Antisympathy Instruction, Julianne C. Sylva

UC Law Constitutional Quarterly

No abstract provided.

Interpreting The Alien Tort Statute: Amicus Curiae Memorandum Of International Law Scholars And Practitioners In Trajano V. Marcos, David Cole, Jules Lobel, Harold Hongju Koh

UC Law SF International Law Review

The Alien Tort Statute, 28 U.S.C. § 1350, provides federal jurisdiction for aliens to sue aliens for torts "committed in violation of the law of nations." Since the Second Circuit's landmark decision in Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980), holding that the statute allows federal courts to adjudicate violations of customary international human rights norms, it has proven to be the most important domestic judicial mechanism for the enforcement and advancement of international human rights. In 1988, the Justice Department filed an amicus brief in the Ninth Circuit in a consolidated appeal from several Alien Tort Statute …

Abortion And Liberalism: A Comparison Between The Abortion Decisions Of The Supreme Court Of The United States And The Constitutional Court Of West Germany, Douglas G. Morris

UC Law SF International Law Review

Liberalism defines a relationship between individuals and the state in which individuals are treated equally by laws which provide certain rights. One of the central problems of applying liberal ideals is determining who the individuals accorded equal treatment are. A related problem is deciding who can make this determination. These problems also arise in court decisions concerning abortions. In its 1973 decision in Roe v. Wade, the United States Supreme Court declared unconstitutional a law that treated most abortions as crimes. Two years later, the Constitutional Court of West Germany struck down a national law that liberalized abortions. This Article …

Law And Genocide: A Critical Annotated Bibliography, David Kader

UC Law SF International Law Review

Since the end of World War II, many scholars have devoted their efforts to the prevention of genocide and the punishment of its perpetrators. This Bibliography lists and describes the major writings pertaining to law and genocide and reviews how these works have been reflected in the enforcement of human rights. The author notes that, just as writings on genocide have moved from broad statements of human rights to discussions of how these rights should be enforced, international law should no longer focus on creating rights, but should focus on enforcing them. The author also proposes that more study be …

Maritime Drug Law Enforcement Act: An Analysis, Mary B. Neumayr

UC Law SF International Law Review

In 1986, Congress passed the Maritime Drug Law Enforcement Act as part of its overall effort to halt the enormous flow of illicit drugs into the United States. The Act departs from traditional Maritime jurisdiction, limited to the nation's territorial waters, and authorizes the Coast Guard under certain circumstances to board foreign flagged vessels virtually anywhere on the high seas. Since the legislation stands in contrast to the classic doctrine of the freedom of the sea, and consequently invites examination, this Note evaluates the Act in light of principles of international and domestic law. This Note analyzes the particular provisions …

South Dakota V. Dole: A Study In Conditional Spending And Missed Opportunity, Jeffrey S. Koppelmaa

UC Law Constitutional Quarterly

No abstract provided.

Tax Collection And Populist Rhetoric: Shifting The Burden Of Proof In Tax Cases, Leo P. Martinez

UC Law Journal

No abstract provided.

The Takings Nexus--The Supreme Court Chooses A New Direction In Land-Use Planning: A View From California, William A. Falik, Anna C. Shimko

UC Law Journal

No abstract provided.

The Light Between Twilight And Dusk: Federal Criminal Law And The Volitional Insanity Defense, Jodie English

UC Law Journal

With the enactment of the Insanity Defense Reform Act of 1984, sweeping changes were wrought in the scope of the federal insanity defense. Prior to the Act's passage, federal courts had provided grounds for exculpation for offenders who suffered from either volitional or cognitive impairments. The successful insanity defense of would-be presidential assassin John Hinckley, Jr., however, provided the impetus for this federal legislation which markedly restricts the availability of the insanity defense to defendants in a federal criminal trial. The Insanity Defense Reform Act eliminates all provisions for excusing the volitionally compromised offender and recognizes a defense only for …

Michigan V. Chesternut And Investigative Pursuits: Is There No End To The War Between The Constitution And Common Sense, Rachel A. Van Cleave

UC Law Journal

In Terry v. Ohio, the United States Supreme Court expanded the range of police conduct that falls within the purview of the fourth amendment to include stops of individuals that do not amount to full arrests. Recently, in Michigan v. Chesternut, the Court declined to hold that police pursuits fall within the fourth amendment. This Comment criticizes Chesternut. It argues that, to be consistent with Terry's policy, police pursuits of individuals should be considered seizures when they cause a person to believe that physical apprehension is imminent. Such a chase creates the impression in a reasonable person that he is …

Oral History: Justice Otto Kaus, The Committee On History Of Law In California

UC Law Constitutional Quarterly

No abstract provided.

Some Reflections On State Constitutions, Joseph R. Grodin

UC Law Constitutional Quarterly

No abstract provided.