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Articles 6931 - 6960 of 8903

Full-Text Articles in Law

Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka Jan 1981

Japanese Americans And Central European Jews: A Comparison Of Post-War Reparation Problems, Mary Reiko Osaka

UC Law SF International Law Review

In 1980, Congress established a commission to investigate whether a wrong was committed by the evacuation and internment of Japanese Americans during World War II. The investigation may provide the basis for making reparations to the Japanese Americans involved. The Note compares remedies made available by the Federal Republic of Germany for the extermination and displacement of Jews during World War II with past and possible future remedies for the Japanese Americans. The Note concludes that the precedent set by the Federal Republic of Germany of making reparation on the basis of a moral obligation should be followed by the …

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Mandatory Programming Rules For Children's Television, Donna Roberson Jan 1981

Mandatory Programming Rules For Children's Television, Donna Roberson

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark Jan 1981

Political Offenses In Extradition: Time For Judicial Abstention, James G. Clark

UC Law SF International Law Review

Since the courts have been unable to develop a workable test to distinguish between political and non-political offenses, this Note argues for a clear division between the roles of the judiciary and the executive in extradition proceedings. This division-of-responsibility approach would have the judiciary determine probable cause and the sufficiency of evidence to sustain a charge against an accused while the determination of the political or non-political character of an offense would be left to the State Department. The Note argues that had this approach been adopted, recent extradition decisions could have reached harmonious results.

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The Military Justice System And The Right To Trial By Jury: Size And Voting Requirements Of The General Courts-Martial For Service Connected Civilian Offenses, Frank J. Chmelik Jan 1981

The Military Justice System And The Right To Trial By Jury: Size And Voting Requirements Of The General Courts-Martial For Service Connected Civilian Offenses, Frank J. Chmelik

UC Law Constitutional Quarterly

No abstract provided.

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The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden Jan 1981

The Domestic Application Of International Human Rights Law: Evolving The Species, Jeffrey Hadley Louden

UC Law SF International Law Review

International human rights law may give rise to domestically enforceable rights. The Note traces the evolution of international human rights law, and examines the cases in which international human rights law has been applied as authority in United States courts. One obstacle to widespread domestic application of international law is a subjective approach to "self-executing treaty analysis" used by some courts. The Note urges a re-evaluation of the self-executing treaty analysis as applied to changing international human rights law, and suggests that treaties should be evaluated on the basis of the express treaty language, and not on the basis of …

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Citadels Of Privilege: Exclusionary Land Use Regulations And The Presumption Of Constitutional Validity, Annette B. Kolis Jan 1981

Citadels Of Privilege: Exclusionary Land Use Regulations And The Presumption Of Constitutional Validity, Annette B. Kolis

UC Law Constitutional Quarterly

No abstract provided.

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Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability, Fred Bosselman, Joel Bonder Jan 1981

Potential Immunity Of Land Use Control Systems From Civil Rights And Antitrust Liability, Fred Bosselman, Joel Bonder

UC Law Constitutional Quarterly

No abstract provided.

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Land Use Takings: The Compensation Issue, Daniel R. Mandelker Jan 1981

Land Use Takings: The Compensation Issue, Daniel R. Mandelker

UC Law Constitutional Quarterly

No abstract provided.

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Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley Jan 1981

Rewriting The 1934 Communications Act, 1976-1980: A Case Study Of The Formulation Of Communications Policy, Erwin G. Krasnow, Herbert A. Terry, Lawrence D. Longley

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Abuse Of The Equal Opportunities Doctrine By Presidential Incumbents, Martine Safran Jan 1981

Abuse Of The Equal Opportunities Doctrine By Presidential Incumbents, Martine Safran

UC Law SF Communications and Entertainment Journal

This note examines the history of the equal opportunity doctrine, 47 U.S.C. § 315, and its abuse by presidential incumbents during re-election campaigns. The author proposes that the FCC should adopt a news-worthiness criterion in enforcing the equal time doctrine, and discard the "legally qualified candidate's" public announcement requirement, and that the fairness and equal opportunities doctrines be incorporated into one statutory provision.

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On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney Jan 1981

On Reviewing The Right To Fair Procedure, Henry Maxwell Rigney

UC Law SF International Law Review

This Article attempts to identify due process with natural justice and examines the rehabilitation of natural justice in United States administrative law. The Article opens with a discussion of the development of due process in the United States, followed by an examination of the Commonwealth natural justice law. Sources of natural justice in the United States are reviewed, and the author concludes that due process is only a specific application of the natural justice requirements for the right to a fair hearing.

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Income Tax Consequences Of Expatriation, James Wm. Clement Jan 1981

Income Tax Consequences Of Expatriation, James Wm. Clement

UC Law SF International Law Review

One possible method of reducing United States income tax liability is to expatriate, or renounce United States citizenship, and be taxed as a nonresident alien. However, there is a degree of tax planning necessary to accomplish a reduction or elimination of income taxation of the expatriate. This Note discusses techniques that can be used to accomplish this favorable tax treatment.

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From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman Jan 1981

From Estes To Chandler: The Distinction Between Television And Newspaper Trial Coverage, David Tajgman

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Regulating Cable Television, Nicholas P. Miller, Alan Beals Jan 1981

Regulating Cable Television, Nicholas P. Miller, Alan Beals

UC Law SF Communications and Entertainment Journal

No abstract provided.

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New Communications Technology: The Emerging Antitrust Agenda, Michael Botein Jan 1981

New Communications Technology: The Emerging Antitrust Agenda, Michael Botein

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Discovery And Administrative Due Process: A Balance Between An Accused's Right To Discovery And Administrative Efficiency, Marilyn J. Friedman Jan 1981

Discovery And Administrative Due Process: A Balance Between An Accused's Right To Discovery And Administrative Efficiency, Marilyn J. Friedman

UC Law Constitutional Quarterly

No abstract provided.

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Statistics As Evidence Of Age Discrimination, Gregory L. Harper Jan 1981

Statistics As Evidence Of Age Discrimination, Gregory L. Harper

UC Law Journal

No abstract provided.

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Trying Arrangements In The Real Estate Market: Federal Antitrust Law And Local Land Development Policy, Herbert Hovenkamp Jan 1981

Trying Arrangements In The Real Estate Market: Federal Antitrust Law And Local Land Development Policy, Herbert Hovenkamp

UC Law Journal

The power of municipalities to authorize condominium developers to tie the leasing of land or recreational services to the sale of individual units has been challenged as a violation of antitrust law. This Article examines this challenge and suggests that application of antitrust law to local land use planning would be an unreasonable intrusion into the affairs of local government. As a means of defeating the tying charge, the Article proposes that the courts treat land and services as one "product" rather than two.

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The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau Jan 1981

The Reform Of The French Procedural Law On Arbitration: An Analytical Commentary On The Decree Of May 14, 1980, Thomas E. Carbonneau

UC Law SF International Law Review

On May 14, 1980, Articles 1005 and 1028 of the French Code of Civil Procedure were replaced with a decree instituting fifty new provisions regulating French arbitral practice. The decree responds to many of the criticisms of the former legislation, confers new status to arbitral awards and restructures the body of applicable law into a coherent and intelligent whole. This article begins with an outline of some of the policy considerations which led to the enactment of the decree and its substantive provisions. The article proceeds by analyzing the new provisions concerning French domestic arbitration, in the order in which …

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The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn Jan 1981

The Role Of Statutory Regulation Of Public Service Ethics In Great Britain And The United States, Robert G. Vaughn

UC Law SF International Law Review

Two areas of controversy, post-employment limitation of former public servants and whistleblower protection of public servants, provide insight into the differences between the American and British experience in controlling public service ethics. This article compares the American system of ethical controls in the public service through statutory regulation to that of the British system, which relies on limited informal sanctions. The author suggests that the British system of controls, which relies greatly on self-restraint of individual civil servants, provides an opportunity to examine the role of law in the establishment and preservation of public service ethics in the United States …

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Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron Jan 1981

Archipelagos And Archipelagic States Under Unclos Iii: No Special Treatment For Hawaii, Nancy Barron

UC Law SF International Law Review

The "special status" provisions of the Law of the Sea Treaty are limited to "archipelagic states" and a broad interpretation of the provisions to include archipelagos may directly conflict with the interests of large maritime powers to maintain freedom of the High Seas. This Note uses Hawaii as a focal point and discusses the competing policy issues as well as analyzing pertinent provisions of the Treaty in reaching the conclusion that no special status will be accorded the State of Hawaii.

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Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede Jan 1981

Comparative Study Of U.S. And West German Political Finance Regulation: The Question Of Contribution Controls, Thomas F. Gede

UC Law SF International Law Review

The role of money in politics is of almost universal concern in Western representative democracies. Each nation addresses different considerations and has devised various means with which to regulate the political financing process. Against this framework, the Note examines the regulations and controls in the United States and West Germany. While the United States has developed an extensive body of regulations designed to strictly control political contributions, West Germany has only certain disclosure requirements of contributions greater than a specified amount. The Note concludes with an analysis of both systems and their respective concerns.

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Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland Jan 1981

Nepa, Nukes And Non-Proliferation: Clarifying The Transnational Impact Statement Mandate In Nuclear Export Licensing, Edward Joseph Krauland

UC Law SF International Law Review

To what extent does the National Environmental Policy Act (NEPA) govern transnational exchanges particularly in the area of commercial nuclear exports? In this article, the author details the theoretical and practical integration of various statutory mandates in a search for a coherent United States policy regarding nuclear exports and environmental protection. NEPA and the Nuclear Non-Proliferation Act of 1978 are of special interest in understanding to what extent United States licensing criteria should include examination of foreign environmental impacts.

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The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy Jan 1981

The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy

UC Law SF International Law Review

Senate Bill 144 is designed to "encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally." The author briefly discusses the current state of the law and the need for an amendment of the Webb-Pomerene Act. The provisions of S. 144 are compared with the Webb Pomerene Act and the article concludes with a discussion of the potential ramifications of the proposed legislation.

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Copyright Protection For Firmware: An International View, Amy Pierson Bates Jan 1981

Copyright Protection For Firmware: An International View, Amy Pierson Bates

UC Law SF International Law Review

The author discusses methods of protecting computer firmware from competitors. The Note focuses on patent, copyright, trade secret, and other forms of protection in Japan, West Germany, and the United States. In particular the author discusses the terms of several present and proposed international agreements to provide protection for computer firmware.

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Supra-National Judicial Decisions And National Courts, Hermann Mosler Jan 1981

Supra-National Judicial Decisions And National Courts, Hermann Mosler

UC Law SF International Law Review

International judicial decisions have been gaining increasing importance, and there is a trend in favor of the application of international law in the national sphere of jurisdiction. Justice Mosler of the International Court of Justice discusses at length the various supra-national courts of universal, regional, and specialized jurisdiction. The Article continues with an analysis of the relationship between national and supra-national courts, forms of supra-national judgments, and the effect of these judgments on the national judiciary of the states party to the action and on non-party states. Finally, the relevance of multilateral treaty systems to the enforcement of international judgments …

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Inverse Condemnation As A Remedy For Regulatory Takings, Roger A. Cunningham Jan 1981

Inverse Condemnation As A Remedy For Regulatory Takings, Roger A. Cunningham

UC Law Constitutional Quarterly

No abstract provided.

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Extension Of The Federal Communications Commission's Jurisdiction To The Television Networks, Lance S. Davidson Jan 1981

Extension Of The Federal Communications Commission's Jurisdiction To The Television Networks, Lance S. Davidson

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission's enabling statute, the Communications Act of 1934, provides no statutory authority for the regulation of the television networks. Nonetheless, with judicial approval, the FCC indirectly regulates the networks via its licensing authority over broadcast stations affiliated with the networks and has even promulgated rules by which it directly regulates the networks. This article reviews the case law focusing on the FCC's extension of its jurisdiction to the television networks and to cable television, which is similarly unreferenced in the Act. The article argues that the FCC should have consistent jurisdiction to regulate the cable and broadcast …

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Communications Behind Bars: Are We Finally Applying The Reasonable Expectation Of Privacy Test To Custodial Conversations, Lynn Soodik Jan 1981

Communications Behind Bars: Are We Finally Applying The Reasonable Expectation Of Privacy Test To Custodial Conversations, Lynn Soodik

UC Law SF Communications and Entertainment Journal

This note examines the propriety of surreptitious and nonjudicially authorized electronic surveillance of suspects, pretrial detainees, and incarcerated persons during conversations with persons other than interrogating police officers. After discussing the rationale courts have used to deny prisoners protections in their conversations, this note analyzes the California appellate court decision of Robinson v. Superior Court, which held that conversations between spouses are protected by the United States and California Constitutions. Robinson was granted a hearing by the California Supreme Court on June 25, 1980. The author urges that Robinson be upheld, but argues that the decision should be based solely …

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Libel Law In The Twenty-First Century: Defamation And The Electronic Newspaper, Stephen R. Hofer Jan 1981

Libel Law In The Twenty-First Century: Defamation And The Electronic Newspaper, Stephen R. Hofer

UC Law SF Communications and Entertainment Journal

No abstract provided.

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