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Articles 7351 - 7380 of 8885

Full-Text Articles in Law

Restitution For Life Salvage At Sea In The Wake Of Peninsular & Oriental Steam Navigation Co. V. Overseas Oil Carriers, Inc., Derek B. Jacobson Jan 1978

Restitution For Life Salvage At Sea In The Wake Of Peninsular & Oriental Steam Navigation Co. V. Overseas Oil Carriers, Inc., Derek B. Jacobson

UC Law Journal

The United States Court of Appeals for the Second Circuit has recognized a quasi-contract remedy for those who save life on the high seas. The Note examines the court's decision in light of admiralty's traditional stance denying recovery to the life salvor and legislative responses to that doctrine.

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Human Rights And The Belgrade Meeting, Arthur J. Goldberg Jan 1978

Human Rights And The Belgrade Meeting, Arthur J. Goldberg

UC Law Journal

Principle VII and Basket Three of the Final Act of the Helsinki Summit of 1975 expressed the commitment of the thirty-five states of Europe and North America to respect human rights and fundamental freedoms. The 1977-78 CSEA meeting at Belgrade put these issues firmly into the framework of East-West diplomacy. Justice Goldberg, Chairman of the United States Delegation to CSEA, examines the failure of the Soviet Union and Eastern Bloc nations to fulfill the promises of the Final Act through grave violations of human rights and the repression of those individuals seeking to enforce the provisions of the Final Act. …

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Credit Scoring And The Equal Credit Opportunity Act, David C. Hsia Jan 1978

Credit Scoring And The Equal Credit Opportunity Act, David C. Hsia

UC Law Journal

While credit-scoring systems have promoted more efficient and, arguably, more equitable extension of credit, the use of such systems by commercial lenders raises new and significant legal issues. In this Article, the author explains the formation and operation of credit-scoring; compares this method to the less precise, more subjective judgmental approach; and examines some of the legal issues inherent in the use of such systems.

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Uniformity Of Commercial Law And State-By-State Enactment: A Confluence Of Contradictions, E. Hunter Taylor Jr. Jan 1978

Uniformity Of Commercial Law And State-By-State Enactment: A Confluence Of Contradictions, E. Hunter Taylor Jr.

UC Law Journal

The Uniform Commercial Code appears to be following the course of most uniform laws in that as the years pass it is becoming less uniform. The causes of this decline in uniformity and important examples of nonuniformity that have arisen in Article 2 of the Code are discussed. The author concludes that greater uniformity cannot be attained with state-by-state enactment and that uniformity in commercial law can be created only through federal legislation.

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Recovery For Fraud In A California Property Transaction, Kristin Adrian Jan 1978

Recovery For Fraud In A California Property Transaction, Kristin Adrian

UC Law Journal

California Civil Code section 3343 provides that the measure of damages for fraud in a property transaction is out-of-pocket loss. There has been disagreement among the courts both as to whether there are exceptions to this rule and whether application of the Code results in an adequate recovery. This Note illustrates that a proper application of the Code results in recovery of all the detriment proximately caused by the fraud thereby eliminating any need for exceptions.

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Discovery Of Plaintiffs' Financial Situation In Federal Class Actions: Heading 'Em Off At The Passbook, Betty C. Bullock Jan 1978

Discovery Of Plaintiffs' Financial Situation In Federal Class Actions: Heading 'Em Off At The Passbook, Betty C. Bullock

UC Law Journal

As part of their attack on Rule 23 class certification, defendants have asserted various theories to support discovery of the representative plaintiffs' financial resources. This Note examines the underlying reasons for these discovery requests and the mixed reactions of the federal courts. The author then advances an approach that balances the legitimate interests of both plaintiffs and defendants while not unduly discouraging class suits.

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Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg Jan 1978

Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg

Faculty Scholarship

The General Assembly of the United Nations has proclaimed 1979 to be the International Year of the Child. It is also the twentieth anniversary of the United Nations' Declaration of the Rights of the Child. The concept of the rights of the child is of relatively recent origin. This modern notion that a child is entitled to special protection, opportunities and facilities emanates from two historical sources. First, it reflects the culmination of the evolution of the concept of childhood. Second, it springs from the development in the nineteenth and twentieth centuries of the juristic concept of the child as …

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Vested Rights, Estoppel, And The Land Development Process, Richard B. Cunningham, David H. Kremer Jan 1978

Vested Rights, Estoppel, And The Land Development Process, Richard B. Cunningham, David H. Kremer

Faculty Scholarship

No abstract provided.

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Introduction To Farm Labor Law, Joseph R. Grodin Jan 1978

Introduction To Farm Labor Law, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

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Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane Jan 1978

Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane

Faculty Scholarship

No abstract provided.

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Computer-Aided Instruction In Law: Theories, Techniques, And Trepidations, Roger C. Park, Russell Burris Jan 1978

Computer-Aided Instruction In Law: Theories, Techniques, And Trepidations, Roger C. Park, Russell Burris

Faculty Scholarship

No abstract provided.

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Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer Jan 1978

Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer

Faculty Scholarship

No abstract provided.

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The California Statutory Close Corporation: Gateway To Flexibility Or Trap For The Unwary?, William K.S. Wang Jan 1978

The California Statutory Close Corporation: Gateway To Flexibility Or Trap For The Unwary?, William K.S. Wang

Faculty Scholarship

No abstract provided.

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Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto Jan 1977

Marine Scientific Research Amid Troubled Political Waters, Thomas John Scotto

UC Law SF International Law Review

The sixth session of the Third United Nations Conference on the Law of the Seas concluded last summer. This author takes a critical look at the trend in the negotiations to date and its repercussion on the conduct of marine scientific research.

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The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler Jan 1977

The Composite Text And Nodule Mining--Over-Regulation As A Threat To The Common Heritage Of Mankind, Theodore M. Beuttler

UC Law SF International Law Review

The future of international regulation of the deep seabed has been jeopardized by the Informal Composite Negotiating Text. The author explains why the production restrictions within the text are unduly harsh and overprotective of land-based mineral producers.

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Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer Jan 1977

Some Observations On The Copyright Law Of 1976: Not Everything Is Beautiful, Edward M. Cramer

UC Law SF Communications and Entertainment Journal

The author takes a careful look at the new Copyright Revision Act of 1976 from the perspective of writers and publishers of music. While finding much that is beneficial, the author concludes that further revision of the Copyright Act is necessary to fully protect performing artists.

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Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell Jan 1977

Newsmen's Shield Laws And Subpoenas: California's Farr And The Fresno Four, Albert G. Pickerell

UC Law SF Communications and Entertainment Journal

The author discusses the impact of the Farr and Fresno Four decisions on the California Newsmen's Shield Law, Evidence Code § 1070. First the author discusses the history of shield laws, tracing the competing concerns with the newsman's "right to know" and the fair administration' of justice. He uses this background as a means of analyzing the meaning and scope of § 1070. Then the author turns'to the specific decisions in Farr and the Fresno Four, analyzing their impact on the shield law. He concludes with a look at the proposed constitutional amendment to reverse the results in the two …

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Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio Jan 1977

Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio

UC Law SF Communications and Entertainment Journal

The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.

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The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton Jan 1977

The Effect Of The 1976 Tax Reform Act On The Ownership Of Professional Sports Franchises, Charles Dickenson, Zook Sutton

UC Law SF Communications and Entertainment Journal

With the passage of the Tax Reform Act of 1976, Congress severely restricted many of the tax advantages that came with the ownership of a professional sports franchise. The authors analyze in detail the effect of the new law, first discussing the benefits that had existed under prior law, then describing the method in which the Act changed the "rules of the game," and conclude with an indication of some tax planning for the future.

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United States Policy Regarding Recognition Of Foreign States, Randall S. Leff Jan 1977

United States Policy Regarding Recognition Of Foreign States, Randall S. Leff

UC Law SF International Law Review

Recognition is the act whereby the executive of a nation formally acknowledges the existence of a new state or government and determines all of the legal consequences flowing from this act to the new state or government. The author of this note proposes that recognition should be founded upon international legal standards, rather than political considerations.

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The 1975 Constitution Of The People's Republic Of China, Chin Kim Jan 1977

The 1975 Constitution Of The People's Republic Of China, Chin Kim

UC Law SF International Law Review

On January 17, 1975, the People's Republic of China adopted a new national constitution. In this article, the author discusses the new constitution in light of its substantive changes from the 1954 constitution, concluding that the basic purpose of the 1975 constitution is to formalize by way of document the political changes which have taken place in the People's Republic of China since 1954.

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The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas Jan 1977

The New Argentine Foreign Investment Law: An Analysis And Commentary, Thomas W. Studwell, Guillermo Cabanellas

UC Law SF International Law Review

The authors guide investors and their attorneys through the complexities of the recently enacted Argentine Foreign Investment Law. The new law is compared and contrasted with previous Argentine foreign investment laws and the laws of other Latin American Countries.

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The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn Jan 1977

The Application Of Forum Non Conveniens In Maritime Personal Injury Actions Brought By Foreign Seamen In Federal Courts: An Analysis And Reappraisal, Eugene Vincent Flynn

UC Law SF International Law Review

Despite the regularity with which the issue of forum non conveniens is raised by defendants in maritime personal injury actions brought by foreign seamen, no reported case has presented a definitive analysis of the doctrine since the Lauritzen-RhodtLs choice of law method was established by the Supreme Court, In order to fill this void the author first suggests policy reasons which underpin the consistent judicial refusal to dismiss cases controlled by American maritime law. Next the author turns to the application of forum non conveniens in cases controlled by foreign law and discusses relatively recent innovations in law, technology and …

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Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin Jan 1977

Broach Of Duty: The United States Foreign-Trade Zones Program In Transition, Daniel G. Durbin

UC Law SF International Law Review

The concept of the foreign-trade zone has undergone recent change in the United States. Under the founding legislation, foreign-trade zones were defined as areas where goods could be stored temporarily without being subject to many customs regulations. Today, the potential purposes and activities for which a zone can be utilized have been extended. The federal court decision in Armco Steel Corp. v. Stans, legislative amendments and policy statements by the Foreign Trade Zones Board have contributed substantially to this evolution. Certainly, observers of its early form would have difficulty recognizing the modern foreign-trade zone.

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Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks Jan 1977

Trust & Estate Planning: The Effect Of Soviet Polices On Legacies From Abroad, Claudia Brooks

UC Law SF International Law Review

When one attempts to create or administer a money estate or trust in favor of an alien residing in the Soviet Union he or she must be aware of the problems commonly associated with such a gift. This article examines the inheritance laws of California and other states with regard to nonresident alien heirs, and analyzes the past and present attitudes of the Soviet Government toward interitances from abroad intended for its citizens. In addition the author proposes drafting techniques to aid an attorney in creating an effective will or trust instrument for the benefit of a Soviet resident.

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Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish Jan 1977

Panel Discussion: What Are The Limitations On Freedom Of The Press, Daniel Schorr, Jesse H. Chopper, Sanford H. Kadish

UC Law SF Communications and Entertainment Journal

Daniel Schorr, a journalist long respected for his perceptivity and integrity, was recently the center of controversy when he made possible the publication of government documents not intended for public release. He discusses the continuing controversy between the public's right to know and the sixth amendment guarantee of the right to a fair trial, concluding that the courts have not adequately protected first amendment freedoms. Jesse Choper, noted constitutional scholar and author responds, illustrating case law highly protective of the freedom of the press. The authors agree that in special situations the public's right to know outbalances the right to …

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A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner Jan 1977

A New Constitution For German Big Business: The Co-Determination Act Of 1976, Fritz Rittner

UC Law SF International Law Review

Designed to change the economic and social life of Germany, the Federal Republic of Germany enacted the Co-Determination Act of 1976. The author of this commentary analyzes the basic content of the Act, outlines its central theme and scope of application and the probable effects of the Act upon the operation of German business enterprises.

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Innovation In International Organization: The International Energy Agency, Richard F. Scott Jan 1977

Innovation In International Organization: The International Energy Agency, Richard F. Scott

UC Law SF International Law Review

Responding to the Arab oil embargo of 1973-74 and to the abrupt shift of control over the oil market from the international oil companies to the producer countries, the major oil consuming countries established the International Energy Agency (IEA) on November 15, 1974. This article analyzes the origin, structure and early operations of the lEA. The author concludes that the organization of the IEA demonstrates the ability of oil consuming countries to respond in a constructive, cooperative, and peaceful fashion to the energy challenges of today.

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Compelling Contract Performance In France, James Beardsley Jan 1977

Compelling Contract Performance In France, James Beardsley

UC Law SF International Law Review

The threat of a money judgment substantially exceeding provable damages has become the basis of enforcement of specific performance of contracts in France. The author of this article traces the developments in this area and the evolution of the astreinte, which has substantially changed what may be called the law of specific performance of France.

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United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes Jan 1977

United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes

UC Law SF International Law Review

In United States v. Hollinshead, the defendants were convicted of violating a federal penal statute and subjected to criminal penalties in the United States for the importation of Mayan artifacts illegally exported from Guatemala. The case held, in effect, that articles not characterized as stolen under the laws of the United States may still become the basis for violation of 18 USC § 2314, interstate transportation of stolen property. In his note, the author analyzes the usefulness of this decision in the extraterritorial applications of United States penal laws.

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