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Articles 6511 - 6540 of 8918

Full-Text Articles in Law

Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle Jan 1985

Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle

UC Law Constitutional Quarterly

No abstract provided.

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Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton Jan 1985

Disabled Patrons Of Amusement Parks: A Survey Of Legal Issues, Susan E. Morton

UC Law SF Communications and Entertainment Journal

Every year increasing numbers of disabled patrons are visiting amusement parks. Focusing on the areas of admission, accommodation and safety, this article addresses the special needs of these patrons, and the need for their consistent and fair treatment within the amusement park industry. First, the article stresses the need for states to enact civil rights legislation prohibiting discrimination against disabled persons by amusement places. Second, architectural barriers statutes must be extended to apply to privately owned buildings and recreation areas in order to provide the disabled access to amusement parks. Most importantly, safety policies of a park must be carefully …

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Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz Jan 1985

Cable's Non-Cable Communications Services: Cable Television As As Common Carrier, David Kupetz

UC Law SF Communications and Entertainment Journal

Cable television companies can now provide two-way communications services allowing users to both receive and send messages. If unregulated, cable companies may gain an unfair advantage over the heavily regulated local telephone companies which formerly were the sole providers of two-way services. The author examines developments transforming the telecommunications industry and the classification of cable's two-way services as "non-cable services." The author recommends that cable companies be allowed to enter the telecommunications market and that their "non-cable services" be regulated under the same guidelines applicable to telephone companies providing similar services.

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The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel Jan 1985

The International Law Of Compensation For Expropriation And International Debt: A Dangerous Uncertainty, Kenneth M. Siegel

UC Law SF International Law Review

The political and economic conditions existing in many heavily indebted less developed countries (LDC's) may be militating in favor of repudiation of international debts. This Note examines these political and economic factors in relation to international debt, as well as the role of the International Monetary Fund. The Note goes on to examine the current state of international law regarding state responsibility for injury to aliens, to ascertain what protection, if any, it may offer international lenders. The conclusion reached by this Note is that currently there is no generally accepted rule of international law governing the rights of aliens …

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Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu Jan 1985

Recovery For Mental Harm Under Article 17 Of The Warsaw Convention: An Interpretation Of Lesion Corporelle, Dana Stanculescu

UC Law SF International Law Review

The Warsaw Convention limits recovery in litigation involving international aircraft accidents. Although the text of the Convention originally was drafted in French, United States courts generally rely on an English translation for interpretation. This Note illustrates potential difficulties based on the use of each of these versions and focuses on the concept of "mental anguish" and its diverging interpretations under the civil-law and common- law systems. The Note concludes that uniformity of interpretation is best served if the French legal meaning of any controverted term is treated as controlling.

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State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton Jan 1985

State Unitary Tax: The Risk Of Container Corp. Of America V. Franchise Tax Board, Valerie E. Collanton

UC Law SF International Law Review

The constitutionality of the states' use of tax apportionment method to tax income of multinational corporations has been disputed for some time. This Note considers the constitutional challenges advanced by domestic corporations with foreign affiliates and the solution provided by the United States Supreme Court. The Note then analyzes whether a different result is warranted in the case of a foreign parent corporation with domestic affiliates and whether congressional action is necessary to resolve the issue in the foreign commerce context.

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International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum Jan 1985

International Human Rights Claims After Tel-Oren V. Libyan Arab Republic: Swan Song For The Legal Lohengrin, Leslie Raissman Wellbaum

UC Law SF International Law Review

Since 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in which an alien plaintiff alleges a violation of the law of nations. Two recent court of appeals cases present conflicting views of the Act's applicability to contemporary international human rights claims. The Note examines the issues raised by the statute's construction in this context, including the difficulty of ascertaining the precise content of customary international legal norms. It concludes that neither the political question doctrine, nor the absence of an explicit private right to sue in international law necessarily precludes a federal court …

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Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence Jan 1985

Television Docudramas And The Right Of Publicity: Too Bad Liz, That's Show Biz, Lisa A. Lawrence

UC Law SF Communications and Entertainment Journal

The docudrama, the presentation of real events and real people through the medium of film, has greatly increased in popularity during the past decade. Unfortunately, the effect of the right of publicity on this medium of expression is uncertain. The author examines the right of publicity and its application to the docudrama. The author finds that traditional right of publicity actions are inapplicable to docudramas which are accurate portrayals and suggests a solution to guide television networks through the legal uncertainties.

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Time Limitations Under State Occupational Disease Acts, Jordan H. Leibman, Terry Morehead Dworkin Jan 1985

Time Limitations Under State Occupational Disease Acts, Jordan H. Leibman, Terry Morehead Dworkin

UC Law Journal

Compensation for the employees who are the victims of delayed manifestation occupational diseases such as asbestosis and silicosis presents a very real problem for existing state workers' compensation schemes. In the interests of ease of administration and certainty, most state occupational disease acts have established time limitations for the filing of claims. The limitation periods generally were adopted at a time when the effects of exposure to toxic substances in the workplace were virtually unknown and thus fail to provide protection for the victims of delayed manifestation occupational diseases. This Article reviews the various limitation periods which presently govern state …

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International Arbitration, J. Sorton Jones Jan 1985

International Arbitration, J. Sorton Jones

UC Law SF International Law Review

No abstract provided.

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Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho Jan 1985

Membership In A Social Group: Salvadoran Refugees And The 1980 Refugee Act, Angela Botelho

UC Law SF International Law Review

The 1980 Refugee Act was created to replace earlier ad hoc measures with a comprehensive refugee admissions program. To this end, the 1980 Refugee Act adopted a non-ideological refugee definition from the 1967 United Nations Protocol Relating to the Status of Refugees. Discriminatory patterns in refugee admissions persisted after 1980, however, due in part to procedural requirements incorporated from earlier immigration legislation and in part to State Department input into the newly created asylum procedures under the 1980 Act. The treatment afforded Salvadoran refugees demonstrates the continued ideological thrust of refugee admissions after 1980. This Note suggests an application of …

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Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind Jan 1985

Fourth Annual Symposium Export Trade--Introduction, Michael W. Berwind

UC Law SF International Law Review

No abstract provided.

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Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship Jan 1985

Export-Import Sales Under The 1980 United Nations Sales Convention, Peter Winship

UC Law SF International Law Review

No abstract provided.

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Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman Jan 1985

Combatting The Opposition: English And United States Restrictions On The Public Right Of Access To Governmental Information, Patti Goldman

UC Law SF International Law Review

Throughout Anglo-American history those in government have sought to silence opposition. Public discussion and dissent, however, are essential during national crises, such as military engagements or attempted expansions of governmental powers. Ironically, when public scrutiny is most needed, governments restrict the public access to information and the right to criticize governmental activities. This Article analyzes the English and United States governments' attempts to limit public access to information. Both systems recognize legitimate limitations on the right of access only when necessary to protect sensitive governmental functions. In England, however, the restriction is broader. Public access can be limited to protect …

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Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg Jan 1985

Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

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Defining The Limits Of Free Exercise: The Religion Clause Defenses In United States V. Moon, Debra A. Silverman Jan 1985

Defining The Limits Of Free Exercise: The Religion Clause Defenses In United States V. Moon, Debra A. Silverman

UC Law Constitutional Quarterly

No abstract provided.

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The Unconstitutionality Of Equal Access Policies And Legislation Allowing Organized Student-Initiated Religious Activities In The Public High Schools: A Proposal For A Unitary First Amendment Forum Analysis, Ruti Teitel Jan 1985

The Unconstitutionality Of Equal Access Policies And Legislation Allowing Organized Student-Initiated Religious Activities In The Public High Schools: A Proposal For A Unitary First Amendment Forum Analysis, Ruti Teitel

UC Law Constitutional Quarterly

No abstract provided.

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State Sovereignty And Federal Court Power: The Eleventh Amendment After Pennhurst V. Halderman, Erwin Chemerinsky Jan 1985

State Sovereignty And Federal Court Power: The Eleventh Amendment After Pennhurst V. Halderman, Erwin Chemerinsky

UC Law Constitutional Quarterly

No abstract provided.

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The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1985

The Right Of Publicity: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

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California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer Jan 1985

California Extends The Rights Of Publicity To Heirs: A Shift From Privacy To Property And Copyright Principles, Susan G. Bluer

UC Law SF Communications and Entertainment Journal

Prior to January 1, 1985, California law regarding the scope of the right of publicity was unclear, particularly on the question of whether the right was descendible. With the enactment of California's new statute extending rights of publicity to eligible heirs, the state now offers the most expansive protections of publicity rights. This note examines the history of the publicity right, comparing California law to that of other states. The author argues that the new California statute is commendable in giving control over use of the celebrity's image to heirs and concludes that the California statute should serve as a …

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Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman Jan 1985

Preemption Of The Louisiana Software Enforcement Act By Copyright Law (Or Suffocation By Shrink-Wrap), Stacy Snowman

UC Law SF Communications and Entertainment Journal

Federal copyright law provides a major source of protection for computer software. Due to the rapidly changing nature of software and the software market, however, software developers are asking the states for additional protection. The author examines the Software Enforcement License Act - an attempt by Louisiana to remedy the problems software authors face in the mass market and concludes that it is preempted by federal copyright law. The author suggests that amendment of the federal copyright law would be more appropriate and effective.

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Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie Jan 1985

Joy In Wrigleyville - The Mighty Cubs Strike Out In Court, Steven J. Elie

UC Law SF Communications and Entertainment Journal

A suit by the Chicago Cubs baseball organization attempting to overturn amendments to the Illinois Environmental Protection Act as well as a city ordinance which prohibited certain nighttime athletic contests failed. The principle argument advanced by the Cubs was that the legislation was designed solely to apply to the Cub's baseball park, Wrigley Field, and thus violated the special legislation prohibition of the Illinois Constitution. The court refused to accept this argument, taking the language of the statute on its face as also applying to future stadia. The author suggests that given the strong feelings of the city and state …

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The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary Jan 1985

The Cable Communications Policy Act Of 1984 V. The First Amendment, Scott Sibary

UC Law SF Communications and Entertainment Journal

The issues of access and cable television regulation pose serious constitutional questions. This article examines the first amendment implications of regulating cable television. The author provides an overview of cable's regulatory history and the legislative history of the Cable Communications Policy and Telecommunications Act of 1984 (CCPA). The author concludes that current laws, without the CCPA, are sufficient to protect and promote the marketplace for mass communications media.

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Per Se Legality In Copyright Licensing, Lawrence J. Siskind Jan 1985

Per Se Legality In Copyright Licensing, Lawrence J. Siskind

UC Law SF Communications and Entertainment Journal

There is an inherent tension between the law of antitrust and the law of copyright. While the former prevents monopolies, the latter creates them. In order to reconcile this conflict the author suggests application of a rule of per se legality to exclusive territorial licenses of copyrighted works. Such an approach would provide copyright holders with a certain legal standard, not now available under the indefinite Rule of Reason. The author argues that there is authority for such a rule of per se legality based on the Copyright Act of 1976, precedent in patent law and the concept of copyright …

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Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman Jan 1985

Neutral Propaganda: Three Films Made In Canada And The Foreign Agents Registration Act, Anne Dorfman

UC Law SF Communications and Entertainment Journal

Should a film be labeled with the perjorative term "propaganda" simply by virtue of its political subject matter and its being made in a foreign country? The Foreign Agents Registration Act (FARA) was originally passed in 1938 as a means of informing the public that certain films and other material had been developed by the Nazi's and other "subversive" organizations. The author explores the recent Justice Department usage of FARA to label three Canadian films "political propaganda." The author concludes that the applicable section of FARA has a chilling effect that violates fundamental first amendment rights.

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Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton Jan 1985

Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton

UC Law SF Communications and Entertainment Journal

Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.

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Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack Jan 1985

Peanuts And Potatoes: The Fcc's Diversification Policy And The Antitrust Laws, Dennis M. Cusack

UC Law SF Communications and Entertainment Journal

The FCC has regulated the ownership structure of the broadcasting industry in order to protect the public's interest in the free dissemination of diverse ideas. Citing the competition offered by new communications technologies, the FCC recently raised significantly the limits on group ownership of radio and television stations. This note argues that the premise behind ownership deregulation-that free market forces and the antitrust laws are sufficient guardians against excessive concentration-is flawed when considered in light of the first amendment underpinnings of the FCC's diversification policy. The author concludes that, while some deregulation may be necessary at this time, the FCC …

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Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst Jan 1985

Intra-Corporate Communications: Sufficient Publication For Defamation Or Mere Corporate Babbling, Daven G. Lowhurst

UC Law SF Communications and Entertainment Journal

Should courts find that a defamatory communication made between employees of the same corporation does not satisfy the publication requirement of the tort of defamation? The author examines case law on both sides of the publication issue and argues that neither the cases which established the "no publication rule" nor the theoretical underpinnings of the tort of defamation can support the requirement of publication in cases of intra-corporate communications. The author concludes that the traditional theory, finding a sufficient publication as soon as a third person has understood the communication as defamatory, reconciles the defamed individual's right to sound reputation …

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Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker Jan 1985

Protecting The Press By Protecting The Journalist: A Wrongful Discharge Action For Editorial Employees At Newspapers, Randy Baker

UC Law SF Communications and Entertainment Journal

Newspaper owners presently have both the ability and the inclination to limit the flow of information to the public. One device they use to suppress the flow of information is the threat of discharging recalcitrant employees. The author explains the "checking" function of the press on the government and how that function is impaired by newspaper owners' tendencies to limit or suppress the publication of certain information. The author also discusses the dilemma faced by editors in adhering to their journalistic standards while still enforcing the newspaper owner's policies. The author proposes that California's bar against discharges motivated by purposes …

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Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor Jan 1985

Will The Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment Of The Cable Television Industry Prior To The Cable Communications Policy Act Of 1984, Michael A. Mcgregor

UC Law SF Communications and Entertainment Journal

The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.

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