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Articles 6751 - 6780 of 8903
Full-Text Articles in Law
The Danger Of Illusion: A Critique Of Safety Regulations In The Television And Motion Picture Industry, Shawn M. Christianson, S. Claire Soper
The Danger Of Illusion: A Critique Of Safety Regulations In The Television And Motion Picture Industry, Shawn M. Christianson, S. Claire Soper
UC Law SF Communications and Entertainment Journal
Numerous accidents on movie sets in recent years have heightened concern over how the entertainment industry is protecting the safety of its actors and crews. This note explores statutory remedies and intra-industry safety regulations available to minimize the dangers and concludes they are inadequate. The authors suggest specific legislation which would require safety monitors on the set, more careful control of explosives, and higher monetary penalties for safety violations.
Simon Geller And The Comparative Renewal Process: What's Good For Gloucester, Frances C. Lindemann
Simon Geller And The Comparative Renewal Process: What's Good For Gloucester, Frances C. Lindemann
UC Law SF Communications and Entertainment Journal
The Federal Communications Commission (FCC) employs a "comparative renewal process" in determining which of two mutually exclusive applicants should be granted a broadcasting license. This note examines the controversial method used in awarding licenses by focusing on the case of Simon Geller, the first instance in which the FCC failed to renew an existing broadcasting license when challenged by a new applicant. It considers the factors weighed in the comparative renewal process, questions whether they were accurately applied in the Geller case, and discusses whether the comparative renewal process really protects the "public interest."
What Does Negligence Mean In Defamation Cases, Marc A. Franklin
What Does Negligence Mean In Defamation Cases, Marc A. Franklin
UC Law SF Communications and Entertainment Journal
Ten years have passed since the Supreme Court decided Gertz v. Robert Welch, Inc. and introduced "fault" analysis into defamation cases. The author examines how the courts have approached the determination of a defendant's fault in the years since Gertz. He further reviews recent statistical data and insurance trends, and analyzes the impact that the emergent negligence standard has had on libel litigation.
The Athlete As Public Figure In Light Of Gertz V. Robert Welch, Inc., Or Torts In Sports: The Role Of The Courts, Richard M. Wise
The Athlete As Public Figure In Light Of Gertz V. Robert Welch, Inc., Or Torts In Sports: The Role Of The Courts, Richard M. Wise
UC Law SF Communications and Entertainment Journal
Recognizing the need for a systematic treatment of the public figure doctrine in relation to professional athletes, this article examines the tension between first amendment rights of free speech and the athlete's right to privacy. The author presents a brief history on the law of defamation and analyzes the differences between limited and general public figures. Supporting a flexible framework of analysis, he proposes close scrutiny of the mitigating factors of time and audience. Only then, he concludes, will the courts be able to protect both the constitutional guarantees of free speech and the athlete's personal interest in his reputation.
Spotlight On The Jury: Trial Publicity And Juror Privacy, Susan L. Greenberg
Spotlight On The Jury: Trial Publicity And Juror Privacy, Susan L. Greenberg
UC Law SF Communications and Entertainment Journal
The note examines the current law regarding media coverage of jury trials and the effect of such publicity on the privacy rights of jurors. The author proposes that the competing rights of jurors and the media be balanced in order that jurors' privacy rights may be protected without excluding the media from the courtroom.
The Supremacy Clause And State Economic Controls: The Antitrust Maze, Michael Conant
The Supremacy Clause And State Economic Controls: The Antitrust Maze, Michael Conant
UC Law Constitutional Quarterly
No abstract provided.
The Right Of The People To Keep And Bear Arms: The Common Law Tradition, Joyce Lee Malcolm
The Right Of The People To Keep And Bear Arms: The Common Law Tradition, Joyce Lee Malcolm
UC Law Constitutional Quarterly
No abstract provided.
Money In Politics: Political Campaign Finance Reform--Introduction, Hastings Constitutional Law Quarterly
Money In Politics: Political Campaign Finance Reform--Introduction, Hastings Constitutional Law Quarterly
UC Law Constitutional Quarterly
No abstract provided.
Money In Politics, Hastings Constitutional Law Quarterly
Money In Politics, Hastings Constitutional Law Quarterly
UC Law Constitutional Quarterly
No abstract provided.
Campaign Finance Reform In California, Robert Girard
Campaign Finance Reform In California, Robert Girard
UC Law Constitutional Quarterly
No abstract provided.
Money In Politics: Judicial Roadblocks To Campaign Finance Reform, John S. Shockley
Money In Politics: Judicial Roadblocks To Campaign Finance Reform, John S. Shockley
UC Law Constitutional Quarterly
No abstract provided.
The Future Of Election Reform, Herbert E. Alexander
The Future Of Election Reform, Herbert E. Alexander
UC Law Constitutional Quarterly
No abstract provided.
Campaign Finance, Communications And The First Amendment, Bob Packwood
Campaign Finance, Communications And The First Amendment, Bob Packwood
UC Law Constitutional Quarterly
No abstract provided.
Proposed Balanced Budget/Tax Limitation Constitutional Amendment: No Balance, No Limits, Peter W. Rodino Jr.
Proposed Balanced Budget/Tax Limitation Constitutional Amendment: No Balance, No Limits, Peter W. Rodino Jr.
UC Law Constitutional Quarterly
No abstract provided.
Whose Federalism--The Burger Court's Treatment Of State Civil Liberties Judgments, Robert C. Welsh
Whose Federalism--The Burger Court's Treatment Of State Civil Liberties Judgments, Robert C. Welsh
UC Law Constitutional Quarterly
No abstract provided.
Defining The State As State: Is A Nonprofit Corporation Under Contract With A State To Perform An Integral Government Function Entitled To Immunity From The Fair Labor Standards Act Under National League Of Cities, Steven K. Derian
UC Law Constitutional Quarterly
No abstract provided.
Economic Due Process And The Perservation Of Competition, Christopher T. Wonnell
Economic Due Process And The Perservation Of Competition, Christopher T. Wonnell
UC Law Constitutional Quarterly
No abstract provided.
Myth And Reality In Protective Order Litigation, Richard L. Marcus
Myth And Reality In Protective Order Litigation, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Reducing Court Costs And Delay: The Potential Impact Of The Proposed Amendments To The Federal Rules Of Civil Procedure, Richard L. Marcus
Reducing Court Costs And Delay: The Potential Impact Of The Proposed Amendments To The Federal Rules Of Civil Procedure, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Political Finance And The American Political Parties, David Adamany
Political Finance And The American Political Parties, David Adamany
UC Law Constitutional Quarterly
No abstract provided.
Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer
Occupational Safety And Health Law In Sweden And The United States: Are There Lessons To Be Learned By Both Countries, Barbara Jo Fleischauer
UC Law SF International Law Review
The United States and Sweden are both highly industrialized nations whose workers are exposed to similar risks and substances. Thus, the legal problems surrounding worker protection from occupational hazards are similar. Traditions and cultural differences, however, have influenced the direction each country has taken in this area. In light of these differences, the author reviews some recent changes in Swedish occupational safety and health law and examines the important differences between the Swedish and United States approaches. She concludes that although neither country would benefit from the wholesale adoption of the other's program, each could effectively borrow ideas that proved …
Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey
Foreign Investment In Cable Television: The United States And Canada, Colin J. Coffey
UC Law SF International Law Review
Canadian ownership and control of United States cablevision systems has steadily increased over the past seven years. This has given rise to heated debate concerning the issue of such alien control. The argument to impose citizenship requirements upon cable ownership centers on present citizenship requirements on common carriers and broadcast licensees, and on the issue of trade reciprocity. Rejecting the reciprocity argument as artificial, the author believes that Congress should impose citizenship requirements on cable television ownership, and that these requirements should be based on the policies and rationale of the Communications Act of 1934, which details the true reasons …
Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen
Opportunities In Puerto Rico: Tax Planning Under New Section 936, Steven J. Cohen
UC Law SF International Law Review
No abstract provided.
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen
UC Law SF International Law Review
In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …
People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han
People's Republic Of China's Foreign Enterprises Income Tax Law And Regulations, Anna M. Han
UC Law SF International Law Review
As part of the People's Republic of China's continued effort to strengthen and define its legal system, the Fifth National People's Congress promulgated the Income Tax Law Concerning Foreign Enterprises. This enactment reflected the Chinese Government's recognition that clear tax rules were needed which would assist tax planning by foreign investors. The Law and its accompanying Regulations were designed to fill major gaps in China's taxation system by reaching previously ignored major sources of income. This Article provides a general introduction to the various provisions of the Foreign Enterprise Tax Law and Regulations which remain unclear due to the newness …
United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg
United States Antidumping Laws And Chinese Exports To The United States, Clyde Stoltenberg
UC Law SF International Law Review
Less than five months after the United States and China signed an agreement to promote and expand trade an antidumping petition was filed against China. This was one of the first times China had been a party to litigation in the United States since Normalization of relations in 1979. In the future the antidumping issue may be one of the most significant barriers to the development of United States-China trade relations. This article examines the general framework of United States antidumping laws, the key issues which have emerged in proceedings and the antidumping cases decided or pending. It also examines …
The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik
The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik
UC Law SF International Law Review
The December 1982 dissolution of the Bundestag, in order to make way for new elections, was only the second time in the thirty-five year history of the Federal Republic that such an event occurred. The 1949 Bonn Constitution provides severely restrictive provisions regarding early dissolution. The Federal Constitutional Court, however, upheld the dissolution proceedings. This Article investigates the legal issues raised by the early dissolution, and the Constitutional Court's decision as to its constitutionality. It also discusses several proposals which have been made which would amend the Bonn Constitution to permit easier dissolution. The dissolution marked an important milestone in …
Constitutional Litigation In Federal And State Courts: An Empirical Analysis Of Judicial Parity, Michael E. Solimine, James L. Walker
Constitutional Litigation In Federal And State Courts: An Empirical Analysis Of Judicial Parity, Michael E. Solimine, James L. Walker
UC Law Constitutional Quarterly
No abstract provided.
Control Of Break-Away State Antitrust Litigation: An Issue Of Federalism, C. Douglas Floyd
Control Of Break-Away State Antitrust Litigation: An Issue Of Federalism, C. Douglas Floyd
UC Law Journal
Antitrust plaintiffs, attempting to avert or circumvent unfavorable results in federal court, have with increasing frequency begun "break-away" state court actions under less restrictive state laws. Defendants have sought to avoid the consequences of such break-away actions through removal to federal- court. This removal tactic was summarily approved by the Supreme Court in Federated Department Stores, Inc. v. Moitie. This Article criticizes the Court's disposition of the removal issue in Moitie as a departure from accepted notions of concurrent federal and state authority. This new direction, as exemplified in the microcosm of antitrust law, should be rejected by the federal …
Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Grant S. Nelson, Dale A. Whitman
Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Grant S. Nelson, Dale A. Whitman
UC Law Journal
The due-on-sale clause is a mortgage provision that affords the mortgagee the right to accelerate the mortgage debt and to foreclose if the mortgaged real estate is transferred without the mortgagee's consent. Because the clause's use often pits lenders against borrowers and real estate buyers, it has become a major economic, political, and legal issue. Congress, responding to the financial distress of many institutional lenders after a decade of judicial, legislative, and regulatory turmoil at both the state and federal levels, has attempted to resolve the due-on-sale controversy by enacting section 341 of the Garn-St. Germain Depository Institutions Act of …