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Articles 6871 - 6900 of 8903
Full-Text Articles in Law
Media Access To Videotape Evidence In Criminal Trials, Geoffrey Robinson
Media Access To Videotape Evidence In Criminal Trials, Geoffrey Robinson
UC Law SF Communications and Entertainment Journal
A peripheral but hotly contested issue in the Abscam trials was whether the media could copy and broadcast the videotapes entered into evidence. This issue requires balancing of the defendant's fair trial rights against interests closely analogous to those protected by the First Amendment. This note suggests the lines upon which analysis of the conflicting interests should run, and argues for a strong presumption in favor of access.
Impact Of New Technology On Existing Bargaining Units In The Newspaper Industry, Martin R. Ganzglass
Impact Of New Technology On Existing Bargaining Units In The Newspaper Industry, Martin R. Ganzglass
UC Law SF Communications and Entertainment Journal
No abstract provided.
Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug
Double-Breasted Operations - Construction Tool Being Used In Broadcast Industry, Mary Ellen Krug
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan
The Copyright Notice Requirement - Deliberate Omission Of Notice, Warren L. Patton, John C. Hogan
UC Law SF Communications and Entertainment Journal
This article discusses the effect, under the current Copyright Act, of deliberate omission of copyright notice from a published work. The authors assert that although Congress intended to minimize the significance of the notice requirement in the new statute, an ambiguity in the statutory language has resulted in an uncertainty about the copyright status of a work when the author deliberately omits the copyright notice. The article discusses the conflict between Professor Nimmer's opinion on the issue and the decision of a federal district court in O'Neill Development, Inc. v. Galen Kilburn, Inc. The authors conclude that notice within five …
Commercialization Of Public Broadcasting, Craig Austin Dunagan
Commercialization Of Public Broadcasting, Craig Austin Dunagan
UC Law SF Communications and Entertainment Journal
Public broadcasters have increasingly turned to commercial revenue raising devices as a means of financing station operations. This comment discusses some of those devices, which are in reality subtle forms of advertising. The comment demonstrates that the quest for financing has led public broadcasters along the same path taken by commercial broadcasters, a path which ends with the adoption of commercials as a means of financing station operations. The comment focuses upon the policy issues, rather than the practical consequences, of allowing public broadcasters to engage in such commercial practices.
Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne
Closed To The Media: The Defendant's Right Of Privacy In The Preliminary Examination, Joseph A. Wynne
UC Law SF Communications and Entertainment Journal
This note examines the standard of probable cause as the sole justification for prosecutorial intrusion on the individual's privacy. It argues that, given California's express constitutional guaranty of a right to privacy, the defendant in a criminal prosecution should not be forced to defend himself in a public forum until after probable cause for a trial has been established at the preliminary examination.
The Constitution, The Supreme Court, And Creativity, Jeffrey M. Shaman
The Constitution, The Supreme Court, And Creativity, Jeffrey M. Shaman
UC Law Constitutional Quarterly
No abstract provided.
California's Constitutional Right To Privacy: The Development Of The Protection Of Private Life, Robert S. Gerstein
California's Constitutional Right To Privacy: The Development Of The Protection Of Private Life, Robert S. Gerstein
UC Law Constitutional Quarterly
No abstract provided.
Liberty From Transfer Trauma: A Fundamental Life And Liberty Interest, Colette I. Hughes
Liberty From Transfer Trauma: A Fundamental Life And Liberty Interest, Colette I. Hughes
UC Law Constitutional Quarterly
No abstract provided.
Not A Closed Case: The Wisconsin Open Presidential Primary, Betty Hansen Richardson
Not A Closed Case: The Wisconsin Open Presidential Primary, Betty Hansen Richardson
UC Law Constitutional Quarterly
No abstract provided.
From Incompetent Imperialism To Principled Prudence: The Role Of The Courts In Restoring The State, Stanley C. Brubaker
From Incompetent Imperialism To Principled Prudence: The Role Of The Courts In Restoring The State, Stanley C. Brubaker
UC Law Constitutional Quarterly
No abstract provided.
Techniques For Identifying And Narrowing Issues In Antitrust Cases, William W. Schwarzer
Techniques For Identifying And Narrowing Issues In Antitrust Cases, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Jury Instructions: We Can Do Better, William W. Schwarzer
Jury Instructions: We Can Do Better, William W. Schwarzer
Faculty Scholarship
No abstract provided.
The Future Of Tenants' Rights In Assisted Housing Under A Reagan Voucher Plan: An Analysis Of Section 8 Existing Housing Cases, Joan C. Williams
The Future Of Tenants' Rights In Assisted Housing Under A Reagan Voucher Plan: An Analysis Of Section 8 Existing Housing Cases, Joan C. Williams
Faculty Scholarship
No abstract provided.
In Memoriam: Mathew O. Tobriner, Joseph R. Grodin
In Memoriam: Mathew O. Tobriner, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Arguing The Law: The Advocate's Duty And Opportunity, Geoffrey C. Hazard Jr.
Arguing The Law: The Advocate's Duty And Opportunity, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Judicial Management Of The Pretrial Process In Massive Litigation: Special Masters As Case Managers, Geoffrey C. Hazard Jr., Paul R. Rice
Judicial Management Of The Pretrial Process In Massive Litigation: Special Masters As Case Managers, Geoffrey C. Hazard Jr., Paul R. Rice
Faculty Scholarship
No abstract provided.
Irrigation Districts In A Changing West–An Overview, John D. Leshy
Irrigation Districts In A Changing West–An Overview, John D. Leshy
Faculty Scholarship
No abstract provided.
Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller
Zenith Radio Corp. V. Matsushita Electrical Industrial Co.: Interpreting The Antidumping Act Of 1916, Phillips B. Keller
UC Law SF International Law Review
The prevention of "dumping"-selling products on the United States market at artificially low prices-has become a key issue in the international marketplace. The Antidumping Act of 1916 is designed to protect domestic industries from this predatory price discrimination by foreign firms, but this remedial provision has been invoked rarely. This Note analyzes a recent district court case that dismissed most of the plaintiffs' arguments brought under the Act, due to "minor" technical differences between the domestic and foreign products. The author concludes that the court's decision is contrary to Congressional intent and advocates the adoption of a flexible standard for …
The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak
The Availability Of A Jury In Federal Courts: Suits Against Foreign Sovereign-Owned Instrumentalities, Martha M. Podolak
UC Law SF International Law Review
Three recent circuit court decisions concluded that there is no right to a jury trial for a foreign sovereign-owned corporate entity under the Foreign Sovereign Immunities Act. The issue seems unsettled, however, due to a strong dissent in one of these cases and four contrary district court opinions. This Note argues that the circuit court cases were wrongly decided, not because of a misreading of congressional intent, but rather because the Foreign Sovereign Immunities Act violates the Seventh Amendment right to jury trial in civil cases. Furthermore, the circuit courts failed to properly distinguished between a foreign sovereign and its …
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
An Overview Of Outbound Foreign Investment, John P. Mcdonnell
UC Law SF International Law Review
No abstract provided.
The Importance Of Tax Treaties, David S. Foster
The Importance Of Tax Treaties, David S. Foster
UC Law SF International Law Review
No abstract provided.
The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer
The Foreign Tax Credit, James P. Fuller, Frederick R. Chilton Jr., Ronald B. Schrotenboer
UC Law SF International Law Review
No abstract provided.
Source Disclosure In Public Figure Defamation Actions: Towards Greater First Amendment Protection, Paul L. Glenchur
Source Disclosure In Public Figure Defamation Actions: Towards Greater First Amendment Protection, Paul L. Glenchur
UC Law Journal
Judicial orders requiring journalists to disclose the identities of confidential sources in public figure defamation actions create a conflict between the evidentiary needs of a defamation plaintiff and the first amendment interest in the free flow of news. This Comment discusses the constitutional dimensions of the source disclosure issue and the potential chilling effect of disclosure orders on the exercise of first amendment freedoms. Following an examination of recent judicial efforts to address the source disclosure issue, the Comment recommends that there be greater protection for the constitutional interests in nondisclosure. The Comment concludes that this protection can be achieved …
Private Plaintiffs And The Public Interest, David G. Farrington
Private Plaintiffs And The Public Interest, David G. Farrington
UC Law Journal
The law of defamation seeks to strike an appropriate balance between the right of the plaintiff to be free from the harm of defamatory falsehoods and the first amendment interest in the free flow of information. This Comment explains how California, through statutes and the common law, has developed a system for dealing with these competing interests separately from United States Supreme Court decisions that have addressed these issues from a constitutional perspective. One difference resulting from the operation of these two distinct systems is the recognition of the public interest privilege in California, a privilege that has been treated …
Public Access To Cable Television, Robert Schwartz
Public Access To Cable Television, Robert Schwartz
UC Law Journal
Cable television is an important communications medium that reaches into millions of households. In a 1979 case, FCC P. Midwest Video Corp., the Supreme Court struck down rules that had required limited public access to cable television. This Comment examines the impact of that decision on the future of public access to cable television. After discussing the genesis and scope of the access rules and the structure of the cable television industry, which led to federal regulation, the Comment analyzes the Midwest Video decision. The Comment concludes that the first amendment prescribes an affirmative right of access to the mass …
Exclusionary Rules: An Introduction, Paul N. Halvonik
Exclusionary Rules: An Introduction, Paul N. Halvonik
UC Law Journal
No abstract provided.
The Insider Trading Rules After Chiarella: Are They Consistent With Statutory Policy, Richard J. Morgan
The Insider Trading Rules After Chiarella: Are They Consistent With Statutory Policy, Richard J. Morgan
UC Law Journal
In Chiarella V. United States, the United States Supreme Court stated that the prohibition against trading securities on the basis of material, nonpublic information applies only to those in a relationship of trust and confidence with the issuer of those securities. This Article examines the policy and purpose underlying the insider trading proscriptions of section 10(b) of the Securities Exchange Act of 1934 and of Rule lOb-5. After analyzing the judicial development of these proscriptions through Chiarella, the Article proposes an insider trading rule that is more consistent with the congressional purpose of encouraging honesty and fairness in the securities …
The Judicial Process In Equal Protection Cases, James W. Torke
The Judicial Process In Equal Protection Cases, James W. Torke
UC Law Constitutional Quarterly
No abstract provided.
Self-Incrimination In Civil Litigation: The Evolution Of California's Judicially Created Immunities From Murphy V. Waterfront Commission, Thomas K. Buck
Self-Incrimination In Civil Litigation: The Evolution Of California's Judicially Created Immunities From Murphy V. Waterfront Commission, Thomas K. Buck
UC Law Constitutional Quarterly
No abstract provided.