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Articles 6721 - 6750 of 8909
Full-Text Articles in Law
The Proposed Constitutional Convention, Arthur J. Goldberg
The Proposed Constitutional Convention, Arthur J. Goldberg
UC Law Constitutional Quarterly
No abstract provided.
Showdown Over The California Showup, Catherine A. Rivlin
Showdown Over The California Showup, Catherine A. Rivlin
UC Law Constitutional Quarterly
No abstract provided.
The Supreme Court's Second Thoughts: Remands For Reconsideration And Denials Of Review In Cases Held For Plenary Decisions, Arthur D. Hellman
The Supreme Court's Second Thoughts: Remands For Reconsideration And Denials Of Review In Cases Held For Plenary Decisions, Arthur D. Hellman
UC Law Constitutional Quarterly
No abstract provided.
The Trouble With T-Shirts: Merchandise Bootlegging In The Music Industry, Andrew E. Clark
The Trouble With T-Shirts: Merchandise Bootlegging In The Music Industry, Andrew E. Clark
UC Law SF Communications and Entertainment Journal
Merchandise bootlegging is a serious problem in the music industry. Since potential profits are enormous and the bootleggers' costs of doing business are negligible, a host of entrepreneurs have entered the bootlegging business and are reaping millions of dollars of illicit profits. Artists and licensed merchandisers through legal efforts have helped to alleviate the problem but additional action is required. The author examines bootlegging and analyzes the theories upon which legal actions have been based. In concluding that the current remedies are inadequate, the author proposes legislative solutions that will result in effectively protecting the rights of artists and licensed …
Fcc Regulation And Other Oxymorons: Seven Axioms To Grind, Erwin G. Krasnow, Harry F. Cole, William E. Kennard
Fcc Regulation And Other Oxymorons: Seven Axioms To Grind, Erwin G. Krasnow, Harry F. Cole, William E. Kennard
UC Law SF Communications and Entertainment Journal
This article takes a light-hearted, yet pointed, look at the regulatory policies of the FCC. In particular, the authors discuss seven regulatory axioms that seem to have plagued the Commission in keeping up with communications technology. If the Commission were willing to discard these "antediluvian" maxims, there is hope that the Commission can adapt to the electronic media. To this end, the authors suggest seven modern axioms to replace those that the Commission presently follows.
Protection Of Constitutional Rights And Reform Of Nuclear Power Plant Licensing Procedures In West Germany: An Interim Assessment, Klaus Bosselmann
Protection Of Constitutional Rights And Reform Of Nuclear Power Plant Licensing Procedures In West Germany: An Interim Assessment, Klaus Bosselmann
UC Law SF International Law Review
This commentary by Dr. Bosselmarn originally appeared in Kritische Jirstiz in 1980. It is reproduced here with the author's permission in order to provide insight into this area of legal concern with respect to current debates in West Germany. This piece is especially timely in view of the Notes on licensing and decommissioning of nuclear power plants also published in this issue. Dr. Bosselmann's belief is that the nuclear licensing process in West Germany has not been concerned with the fundamental constitutional rights of the individual. Instead, nuclear licensing has evolved in the direction of procedural acceleration and simplification, and …
Foreign Investment In United States Real Estate, Joel Rabinovitz
Foreign Investment In United States Real Estate, Joel Rabinovitz
UC Law SF International Law Review
No abstract provided.
Artistic Freedom And Government Subsidy: Performing Arts Institutions In The United States And West Germany, Erik Stenberg
Artistic Freedom And Government Subsidy: Performing Arts Institutions In The United States And West Germany, Erik Stenberg
UC Law SF International Law Review
This Note examines the role of the government in securing and maintaining artistic freedom in the performing arts institutions of West Germany and of the United States. The primary basis for comparison is the ability of the artistic directors of performing arts institutions to program the works they desire. The author focuses on the various advantages and disadvantages of the direct subsidy approach implemented in West Germany as opposed to the emphasis on indirect government support found in the United States. Finally, the author concludes that direct and open government support of the performing arts, such as in West Germany, …
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
Detecting Collusion In Oligopolistic Industries: A Comparison And Proposal, Joseph F. Zellmer
UC Law SF International Law Review
Oligopoly industry structure, where a small number of firms dominate a large percentage of the market, is prominent in American business. Antitrust scholars debate about how an oligopoly firm sets its prices and whether the prices are competitive. Some scholars believe that United States law allows oligopolists to avoid detecting and punishment for collusive pricing activities. This Note compares two approaches to proving collusion in oligopolistic industries. One approach is proposed by Richard A. Posner and the other is presently utilized by the European Court of Justice for the European Economic Community. The author urges that United States courts adopt …
Dispute Resolution In Space, Scott F. March
Dispute Resolution In Space, Scott F. March
UC Law SF International Law Review
As the United States makes strides toward maintaining a permanent presence in space, there is a need for a legal framework to adjudicate disputes arising among men and women working there. Present law does not adequately take into account the unique conditions encountered in space such as isolation, confinement and dangerous environments. This Note proposes that the United States codify substantive and procedural law to facilitate resolution of disputes in space. The code must allow for timely dispute resolution and avoid serious disruption of the mission. The proposal suggests that national, not international, law should form the basis for the …
Voir Dire: Is There A Consitutional Right Of Access, Kathleen A. Kelly
Voir Dire: Is There A Consitutional Right Of Access, Kathleen A. Kelly
UC Law SF Communications and Entertainment Journal
The United States Supreme Court has ruled upon the public's constitutional right to attend criminal trials in Richmond Newspapers, Inc. v. Virginia, and the right to attend preliminary hearings in Gannett Co. v. DePasquale. This note analyzes whether there is a constitutional right of access to voir dire. The note explores the distinction between trial and pretrial events and the historical practice and structural purpose of voir dire. The author suggests that voir dire be considered under the Gannett analysis. Accordingly, the author concludes that there is no constitutionally guaranteed right to attend voir dire.
Constitutional Limitations On Libel Actions: A Bibliography Of New York Times V. Sullivan And Its Progeny, 1964-1984, Frank G. Houdek
Constitutional Limitations On Libel Actions: A Bibliography Of New York Times V. Sullivan And Its Progeny, 1964-1984, Frank G. Houdek
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Selig Case And Amortization Of Player Contracts: Baseball Continues Its Winning Ways, S. Barksdale Penick
The Selig Case And Amortization Of Player Contracts: Baseball Continues Its Winning Ways, S. Barksdale Penick
UC Law SF Communications and Entertainment Journal
Over the years professional sports teams have enjoyed special treatment under the law. In the mid-1970's, however, there was a general tightening of the tax treatment of sports teams. This note examines the Tax Reform Act of 1976 and recent court decisions which have tried to determine the proper allocation of cost to player contracts purchased with a sports franchise. Although no accurate method of allocating cost has yet been found, the author concludes that the court in Selig v. United States went too far in permitting significant amortization deductions for owners of baseball teams and that this extreme extension …
Recent Developments In West German Civil Procedure, William B. Fisch
Recent Developments In West German Civil Procedure, William B. Fisch
UC Law SF International Law Review
For the past twenty years, the West German system of civil procedure has undergone extensive re-examination and reform. These developments have centered on concerns regarding accessibility, technicality, cost, and delay. Nearly every phase of civil litigation was subjected to critical review and amendment. These changes have not, however, been as extensive as the most ambitious reformers would have liked, and will probably be weakened by practice and interpretation. Because much of the impetus for these changes was based on a common problem, ever-increasing litigation, it is useful for United States observers to review the West German approach and success in …
Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier
Perspectives On The Law Of Contorts: A Discussion Of The Dominant Trends In West German Tort Law, Gert Bruggemeier
UC Law SF International Law Review
Contract and tort law have usually been doctrinally separated. The dominant phenomenon of social regulation, however, today overshadows the autonomous assumption of obligations through contract and the imposition of obligations through general tort rules. The author examines the development of West German tort law and shows that tort law has increasingly become a means of social regulation through judge-made rules of conduct. Special judge-made tort law regulates the social behavior of previously autonomous market citizens. The author argues that this trend toward social regulation through special tort law has rendered nineteenth century legal ideas about the relationship between contract and …
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
Decommissioning Nuclear Power Plants: The United States, West Germany, And Canada, Thomas Giller
UC Law SF International Law Review
Despite recent considerations weighing against future 'development of nuclear power there are problems created by the substantial number of existing nuclear power plants. Whereas the building and operation of nuclear facilities are covered by detailed legislation, very little attention has been given to nuclear reactor decommissioning. Decommissioning involves the permanent shutdown of a nuclear facility and it is a significant concern as nuclear power plants grow older and more obsolete. This Note discusses what decommissioning is and why it is important and examines the decommissioning policies of three nations with active nuclear power industries: the United States, West Germany, and …
Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern
Extraterritorial Application Of United States Securities Law: A Matrix Analysis, Marc H. Morgenstern
UC Law SF International Law Review
The antifraud provisions of the Securities Act of 1933 and Securities Exchange Act of 1934 may apply to securities sold exclusively to nonresident aliens. The extraterritorial application of these provisions is allowed only when United States Courts have subject matter jurisdiction over the transaction under principles of international law. Case law examines the relationship among four variables to determine whether United States Courts will assert or deny jurisdiction. This Article proposes a matrix model that uses these four variables to assist in the determination of jurisdiction. The matrix model is a tool which clarifies the variables involved in the jurisdictional …
Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow
Conflict Of Laws, Product Liability And The Substantive Law Of New Zealand In Bennett V. Enstrom Helicopter Corp., Patricia Barlow
UC Law SF International Law Review
The Accident Compensation Act (ACA) of New Zealand provides a uniform system of rehabilitation and compensation for personal injury or death resulting from accidents in New Zealand. This Article examines how the private international law provisions of the Act apply in aviation product liability. The Sixth Circuit case of Bennett v. Enstrom Helicopter Corp. is extensively analyzed. The author argues that the trial and appellate courts in Bennett, in holding the ACA has the exclusive remedy, misinterpreted substantive New Zealand law on recovery for injury or death. She mentions that the ACA left areas of "residual liability" and that Bennett …
West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman
West German Television Law: An Argument For Media As Instrument Of Self-Government, Christopher Witteman
UC Law SF International Law Review
With the development of cable television, direct broadcast satellite and other new broadcast technologies, television systems throughout the world have been thrown into a period of rapid transition. Against this quickly evolving background the West German Constitutional Court has held for the last 33 years to a vision of television as a catalyst of community and servant of the democratic process. This Note is the first American examination of the legal basis for what has been a public broadcasting monopoly in West Germany. The Note offers a close analysis of the three seminal television decisions of the Constitutional Court, as …
Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence
Licensing The Exportation Of Nuclear Materials: Responsibility To The Global Environment, Elizabeth Ann Lawrence
UC Law SF International Law Review
The policy of the United States to supply nuclear power plants and materials to selected foreign nations raises questions concerning environmental concerns, nuclear weaponry problems, and foreign relations considerations. This Note examines the statutory scheme by which Congress has sought to balance these factors and the role of the judiciary in implementing this plan. Specifically, a recent case involving the Nuclear Regulatory Commission's grant of a license for exporting nuclear plant materials to the Philippines is reviewed. The author concludes that this litigation failed to provide adequate guidance for the Commission and for courts in future cases. The author offers …
Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton
Since The Breakup: Developments And Divergences In Ancom's And Chile's Foreign Investment Codes, Michael G. Thornton
UC Law SF International Law Review
Chile withdrew from the Andean Common Market (ANCOM) in 1976 and ceased to follow ANCOM's foreign investment code Decision 24. Since that time ANCOM and Chile have effected changes in their foreign investment codes. ANCOM introduced flexibility into Decision 24 which brought the Decision more in line with prevailing economic conditions without altering its basic theoretical outlook. Chile, on the other hand, passed an amendment to its already liberal national foreign investment statute. The amendment further opened the door to unrestricted foreign investment in Chile and has, in the author's view, contributed to a loss of national control over the …
California Teachers Association V. Riles: California Sets A New Standard For Public Aid To Parochial Schools, Carol A. Opotow
California Teachers Association V. Riles: California Sets A New Standard For Public Aid To Parochial Schools, Carol A. Opotow
UC Law Constitutional Quarterly
No abstract provided.
Independent Expenditures: Can Survey Research Establish A Link To Declining Citizen Confidence In Government, Dawn Tae Thorsness
Independent Expenditures: Can Survey Research Establish A Link To Declining Citizen Confidence In Government, Dawn Tae Thorsness
UC Law Constitutional Quarterly
No abstract provided.
The Disabled Student Athlete: Gaining A Place On The Playing Field, Kathleen De Santis
The Disabled Student Athlete: Gaining A Place On The Playing Field, Kathleen De Santis
UC Law SF Communications and Entertainment Journal
Historically, students with physical or mental impairments were barred from participating on school sports teams because school officials feared that these disabled students faced a greater risk of serious injury than their non-handicapped peers. The author examines recent student challenges to athletic disqualification decisions and concludes that the equal protection clause and section 504 of the Rehabilitation Act provide effective means for combatting handicap discrimination in school athletics.
Protecting And Regulating Commercial Speech: Consumers Confront The First Amendment, Barbara Burnett
Protecting And Regulating Commercial Speech: Consumers Confront The First Amendment, Barbara Burnett
UC Law SF Communications and Entertainment Journal
Although courts have determined the necessity of regulating commercial speech, first amendment considerations also require commercial speech be accorded a certain amount of protection from regulation. Preventing false and deceptive advertising is the express goal of such regulation. The author suggests a functional analysis approach be applied to commercial speech to determine the extent of first amendment protection due. Functional analysis would break down commercial messages into those that are factually verifiable and those that are subjective. The author suggests this approach would be the first step to providing a standard by which messages may be evaluated for constitutional protection.
The Reexamination Of Cable Television's Compulsory Licensing Royalty Rates: The Copyright Royalty Tribunal And The Marketplace, Dale N. Hatfield, Robert Alan Garrett
The Reexamination Of Cable Television's Compulsory Licensing Royalty Rates: The Copyright Royalty Tribunal And The Marketplace, Dale N. Hatfield, Robert Alan Garrett
UC Law SF Communications and Entertainment Journal
This article examines the compulsory licensing royalty rates which the Copyright Revision Act of 1976 imposed on cable operators. The authors assert that changing conditions in the cable industry have eliminated the original need for a strict royalty schedule, and that the Copyright Royalty Tribunal, in its discretion, should adopt new rates which reflect those reasonably charged in the marketplace. The authors additionally argue that Congress itself should use this marketplace approach to amend the statutory rates applied to distant signal programming retransmitted by cable.
Workers' Compensation Insurance For Entertainment Loan-Out Corporations, Edward Branigan, Bruce M. Stiglitz
Workers' Compensation Insurance For Entertainment Loan-Out Corporations, Edward Branigan, Bruce M. Stiglitz
UC Law SF Communications and Entertainment Journal
This article is an insightful discussion of the factors a California "loanout" corporation must weigh in determining what type of workers' compensation coverage, if any, it should purchase. Certain "loan-out" corporations may, according to statute, elect not to purchase coverage. Corporations so electing assume numerous risks in not purchasing coverage and may have unexpected liability to injured persons. The authors point out certain, less expensive, coverage plans may be appropriate for some "loan-out" corporations in lieu of complete or no coverage. They also reveal several ways that a "loan-out" corporation may avoid liability if it purchases partial coverage or does …
What's Entertainment - An Inquiry Into The Educational And Amusing Aspects Of Educational Play Parks, Jennifer J. Martin
What's Entertainment - An Inquiry Into The Educational And Amusing Aspects Of Educational Play Parks, Jennifer J. Martin
UC Law SF Communications and Entertainment Journal
An innovative type of amusement park offering a blend of education and entertainment is emerging throughout the country. The author discusses whether these educational play parks should be considered as educational facilities or amusement parks for state and local amusement tax purposes. The focus of the discussion is the examination of the terms "education" and "amusement." The author analyzes the impact of the ruling in Big Mama Rag, Inc. v. United States, and the issues in the dispute between the first educational play park, Sesame Place, and the township of Middleton.
Don't Make Waves: Am Stereophonic Broadcasting And The Marketplace Approach, Mark Peyton Schreiber
Don't Make Waves: Am Stereophonic Broadcasting And The Marketplace Approach, Mark Peyton Schreiber
UC Law SF Communications and Entertainment Journal
This note discusses AM stereophonic broadcasting and examines the FCC's approach for the implementation of this new service. The selection of the technical standard for AM stereo was left to market forces after the Commission found itself unable to choose one proposal to be the standard. The author demonstrates why this approach is inappropriate. Of the remaining regulatory avenues available, the author feels the FCC should revise the evaluation process to more accurately reflect the differences among the proposed standards. From this fresh comparison, one should be selected to be the AM stereo standard. The Kahn proposal appears to be …
Subliminal Projection: History And Analysis, Thomas Albert Bliss
Subliminal Projection: History And Analysis, Thomas Albert Bliss
UC Law SF Communications and Entertainment Journal
This article examines subliminal projection, the process whereby information is transmitted to one's subconscious without one's knowledge, as it applies to audio-visual media. The author outlines the psychological basis for the process, then describes the various techniques that have been devised for exploiting the process. A detailed history of experimental and nonexperimental applications is followed by a discussion of the responses by lawmaking, regulatory and programming bodies to those applications and the process in general. The author argues that, lacking statutory bases for prevention of the use of subliminal projection, the most appropriate tort theory on which to base an …