Law Commons^™

Defamation In Hong Kong And The People's Republic Of China: Potential Perils Of Two Standards Of Free Speech, Melissa K. Bauman

UC Law SF International Law Review

Britain will return sovereignty over Hong Kong to the People's Republic of China (PRC) in 1997. Britain and the PRC have agreed that Hong Kong law will remain in effect until at least 2047. Using defamation law as an example, this Note explains why this agreement actually offers little protection or reassurance to the people of Hong Kong. Hong Kong law as written and Hong Kong law as enforced by the British differ greatly. Recently actions of the PRC government, particularly the Tienamen Square Massacre, suggest that the PRC is likely to enforce the laws in their stricter, written form. …

Advertising Injury: Getting The Most Out Of Your Insurance Policy, David P. Brooks

UC Law SF Communications and Entertainment Journal

This article examines recent cases dealing with insurance coverage for intellectual property matters. State and Federal courts in California have recently held that companies that purchase comprehensive general liability insurance policies may be entitled to coverage under the "advertising injury" clause for claims involving unfair competition, copyright infringement, patent infringement, and possibly even trademark infringement. The article examines common insurance policy forms and concludes that advertising injury coverage should be made available to policyholders on a broader scale.

A Rose By Any Other Name: Trademark Protection Of The Names Of Popular Music Groups, Barbara Singer

UC Law SF Communications and Entertainment Journal

As the economic value of the names of popular music groups has burgeoned, courts have increasingly been forced to grapple with the complex issues of trademark ownership and infringement of those group names. This article examines those complex issues and sets forth criteria to assist courts as they struggle to resolve them. The article first explores the trademark and contractual methods available for establishing ownership of a popular music group's name. Next, the article examines the manner in which an infringement is determined under the principles of trademark law both in the absence of and the presence of contractual allocations. …

The Conflict Between The California Mechanics' Lien Statutes And The Public Utilities Code, John Leary

UC Law SF Communications and Entertainment Journal

Following the breakup of AT&T, local telephone companies began growing quickly. However, when the Public Utilities Commission approves a private company's application to offer telephone service to a community, problems can arise, for both the community and that company's subcontractors. This note analyzes a conflict between the California Public Utilities Code and certain provisions of the California Civil Code, which suggests that subcontractors may not be protected by either mechanics' liens or stop notices in their dealings with those local companies. The note suggests that utilities be considered public entities, resulting in protection of subcontrators through the posting of payment …

Son Of Sam Laws After Simon & (And) Schuster V. New York Crime Victims Board: Free Speech Versus Victims' Rights, Kelly Franks

UC Law SF Communications and Entertainment Journal

The United States Supreme Court recently found New York's Son of Sam law to be a content-based financial burden on speech in violation of the first amendment. The law prohibited any payment to a criminal in exchange for the personal account of his crime, and required that such payments be distributed to the victims of the crime instead. The decision affects similar laws in forty-two other states and the federal government. This note explains the background of New York's Son of Sam law, and examines the case that led to its demise. The author argues that having criminals compensate their …

Regulating Slate Mailers: Consumer Protection Or First Amendment Infringement, Carol Federighi

UC Law SF Communications and Entertainment Journal

Slate mailers are part of the biennial political process in California. Forprofit enterprises that endorse candidates and issues for a price are big business in California. Despite regulations requiring that slate mailer organizations comply with extensive disclosure measures, many mailers remain deceptive. This note describes the deceptive practices of some slate mailers, discusses current regulation of the business, and analyzes the constitutional implications of regulating protected speech. The author argues that, despite the highly protected nature of political speech, the regulations will survive constitutional challenges, and with minor changes, will provide a model for other states.

Legislating Canned Performances, Janet Boessenecker

UC Law SF Communications and Entertainment Journal

Do people have the right to know whether a concert will feature prerecorded music? Is legislative action needed to protect consumers from another Milli Vanilli-type fraud? A number of states have answered "yes" by introducing legislation to mandate a disclosure on concert advertisements or tickets. This note evaluates the necessity of such legislation in light of current popular music practices and existing law. The author concludes that disclosure laws are unnecessary and would be ineffective as well.

Docudramas: The Legality Of Producing Fact-Based Dramas - What Every Producer's Attorney Should Know, Jacqui Gold Grunfeld

UC Law SF Communications and Entertainment Journal

This article provides a practical guide for the attorney whose client produces fact-based television movies, whether the producer chooses to use resource material from the public domain or obtain rights. The article analyzes the historical development and current state of the personality and property rights that need to be considered; discusses the impact of Son of Sam laws; examines the provisions to be included in rights acquisition agreements; and explores protective measures that can help to minimize the risk of litigation.

The Uniform Defamation Act: Is Too Much Being Asked Of The Press In The Quest For Libel Law Reform, Ben Dunlap Jr.

UC Law SF Communications and Entertainment Journal

The Uniform Law Commissioners are preparing to begin debate on the most sweeping changes to libel law since New York Times v. Sullivan. The proposed Uniform Defamation Act, if adopted by the full commission in August 1993 and enacted by state legislatures, would introduce an action for vindication as a non-damages remedy for the aggrieved subjects of defamation. The Act would also attempt to codify many areas of libel law that heretofore have primarily been left to development in the courts. This article examines the central features of the Uniform Defamation Act and how its enactment might affect the current …

Gambling And The Law - Update 1993, I. Nelson Rose

UC Law SF Communications and Entertainment Journal

The largest, fastest growing, most quickly changing area of entertainment law is legal gambling: last year more than $304 billion was bet legally in the United States. Changes in government policies, from complete prohibition, to grudging permission, to active promotion, have led to a classic nationwide speculative bubble. The nation's leading expert on gambling law explores the recent explosion of legal gambling, including riverboat casinos that need not have engines or crews; "video lottery terminals," video poker machines run by state governments; and the largest table game casino in the world, owned by Native Americans in Connecticut. The article explores …

The Current State Of Moral Rights Protection For Visual Artists In The United States, Amy L. Landers

UC Law SF Communications and Entertainment Journal

Works of art have been recognized by Congress to embody more than a physical object; rather, these works can be seen to represent the artist's personality. The Visual Artists Rights Act, which codifies moral rights protection in the United States, provides legal recourse for artists whose works have been altered or destroyed in violation of this principle. During the past ten years, several states have also enacted moral rights legislation. This Note explores the current state of moral rights in the United States, with an emphasis upon those states where both federal and state moral rights statutes exist.

Legal Protection For Computer Programs, 1980-1992: A Bibliography Of Law-Related Materials, James E. Duggan

UC Law SF Communications and Entertainment Journal

No abstract provided.

Copyright Protection For Audiovisual Works In The European Community, Anne Moebes

UC Law SF Communications and Entertainment Journal

The European Community's copyright laws have been constantly changing in recent years to respond to the dramatic increase in the demand for and supply of audiovisual works. These laws have become necessary because of the increased risk of piracy in conjunction with the Community's continuing efforts toward Community harmonization. This article explores the scope of copyright protection of audiovisual works, the limitation of copyright protection as embodied in the Community "exhaustion" doctrine, and the impact of the Community's harmonization efforts.

Let Technology Counteract Technology: Protecting The Medical Record In The Computer Age, Terri Finkbine Arnold

UC Law SF Communications and Entertainment Journal

The medical record contains information about the most intimate details of our personal lives. Reliance on the computer by both private health care providers and the government to store, access, and manipulate medical information has increased dramatically in the last decade. The development of a national health care delivery system will utilize computer technology to automate and standardize the medical record even further. Current law and regulations are inadequate to meet the potential for misuse and abuse created by the computerization of medical information. This note explores the development of the computerized medical record and the likely future direction of …

Privacy In German Employment Law, Robert G. Schwartz Jr.

UC Law SF International Law Review

The computer and technological revolutions have made it possible for employers to collect enormous quantities of personal information on their employees. American legislators are only beginning to recognize the potential dangers to employee privacy. Germany, on the other hand, has a long history of protecting employees from the intrusive behavior of their employers. This Article outlines the constitutional and statutory protection afforded German workers. The author particularly examines issues related to gathering and storing personal information, including the results of required medical tests.

Legal Aspects Of Foreign Investment In Korea, Doo Hwan Kim

UC Law SF International Law Review

With the explosion of economic growth in the Pacific Rim, Korea is an increasingly attractive place for foreign investment. This Article introduces foreign investors and attorneys to laws governing foreign investment in Korea. After examining the recent government efforts to encourage foreign investment, the Article analyzes the most important bodies of law governing foreign investment.

U.S. Sugar Policy: Domestic And International Repercussions Of Sour Law, Katherine E. Monahan

UC Law SF International Law Review

This Note examines the U.S. Government's sugar program and the criticism it has received. After outlining the history of the program, the author describes current law and its adverse effect on U.S. consumers. Next, the Note examines how the sugar program undermines U.S. trade and foreign policy goals. The author concludes by recommending that the U.S. express a willingness to change its policy in the current round of GATT negotiations to provide impetus for multilateral reduction of agricultural protectionism.

Disappearances In Honduras: The Need For Direct Victim Representation In Human Rights Litigation, Claudio Grossman

UC Law SF International Law Review

In two landmark decisions, the Inter-American Court of Human Rights recently found that the Government of Honduras was responsible for the politically-motivated kidnappings and murders of two Honduran nationals. This Article examines these decisions and evaluates the advisory role given the victims' lawyers in the proceedings. The author argues that such indirect participation by the victims and their families is unsatisfactory. The Article concludes that the international system for investigating and punishing human rights abuses would benefit from direct representation of the victims.

Applying Circular Reasoning To Linear Transactions: Substance Over Form Theory In U.S. And U.K. Tax Law, Karen B. Brown

UC Law SF International Law Review

This Article examines the treatment of the step-transaction doctrine in the United States and the United Kingdom. The author notes that in transactions not involving a legitimate business motive, both U.S. and U.K. courts will apply a substance over form approach in determining the tax consequences. In any transactions with a non-tax avoidance purpose, however, courts in both countries are reluctant to take the same approach. In those cases, form rules over substance. The author believes this distinction is illogical. This Article proposes that courts take a substance over form approach in all cases, regardless of whether there is a …

The European Court Of Justice And The U.S. Supreme Court: Parallels In Fundamental Rights Jurisprudence, Steven A. Bibas

UC Law SF International Law Review

The European Court of Justice has taken an activist approach to protecting human rights. Most scholars approve of this. However, one scholar, Hjalte Rasmussen, has been sharply critical of the ECJ's activism. This Comment addresses Rasmussen's criticisms and rebuts them. Because Rasmussen compares the ECI and the U.S. Supreme Court, the author discusses the similarities between the two courts and addresses the criticism of U.S. Supreme Court activism by Robert Bork in his book The Tempting of.America. The author ends with an argument in support of a purposive theory of constitutional interpretation.

Dual Nationality In France And The United States, Simone Tan

UC Law SF International Law Review

As society becomes increasingly global, more and more Americans are living abroad. As a result, dual nationality is increasingly common. This Note argues that the United States should adopt legislation making it easier for Americans living abroad to pass their citizenship on to their children. The author uses France's experience with its dual nationals as an example for the United States of how this situation can be handled effectively. The Note argues that by drawing on the principles of the French solution, the United States could keep the goodwill and tax dollars of its citizens living abroad.

The Comparative Law Of Flag Desecration: The United States And The Federal Republic Of Germany, Peter E. Quint

UC Law SF International Law Review

Cases on political speech in different constitutional systems may illuminate important presuppositions of those systems. Pursuing this theme, this Article compares decisions on flag desecration in the United States and the Federal Republic of Germany. In the United States, where protection aginst seditious libel has been rejected as a legitimate governmental interest, arguments for penalizing flag desecration must assert implausible governmental interests. In contrast, the German Constitutional Court frankly acknowledges that the state may sometimes penalize flag desecration to avoid the impairment of governmental authority. In conclusion the author questions whether the German doctrine, which may have been justifiable in …

Trade, Environment, And Sustainable Development: A Primer, Robert Housman, Durwood Zaelke

UC Law SF International Law Review

Free trade policy and environmental policy are often at odds. Experts on both sides, however, are beginning to realize that sustainable development is the best hope for long-term international economic prosperity. Given the environmental crisis the world is facing, both sides must work to reconcile the legal relationship between trade agreements and environmental agreements if sustainable development is to be achieved and maintained. Accordingly, this Article surveys trade agreements, including the General Agreement on Tariffs and Trade, and environmental agreements for possible conflicts. The Article concludes with a brief discussion of options for reducing or eliminating such conflicts.

Singapore: A Model Of Urban Environmentalism In Southeast Asia, Brian C. Smith

UC Law SF International Law Review

Amid a region characterized by urban chaos and environmental neglect, Singapore stands out as an exemplary model of urban environmentalism. Through conscientious planning and comprehensive regulation, Singapore sets the standard for developing nations throughout Southeast Asia and is assuming the role of a regional leader in environmental affairs. Although there are deficiencies with parts of its environmental policy, Singapore is ahead of many of its neighboring countries and offers hope for this environmentally and economically critical region.

Arbitrating In Thailand, Jahan P. Raissi

UC Law SF International Law Review

Thailand has one of the developing world's strongest economies. The growth of the Thai economy has been fueled largely by foreign investment. As foreign investment in Thailand continues, disputes between foreign enterprises and their Thai counterparts are inevitable. One method for resolving these disputes is through arbitration at the new Arbitration Office in The Ministry of Justice. This note examines Thailand's 1987 Arbitration Act, the 1990 Arbitration Rules, and some other factors involved in arbitrating in Thailand. The note concludes that many of the potential advantages of arbitration are lost under the Thai rules and therefore arbitrating in Thailand is …

Medical Monitoring Funds: The Periodic Payment Of Future Medical Surveillance Expenses In Toxic Exposure Litigation, Amy B. Blumenberg

UC Law Journal

For many Americans, exposure to toxic substances has become a sad reality of life. While the medical and scientific communities have recognized the need for timely presymptom, postexposure medical diagnosis to detect and treat exposure-related diseases, the legal community has responded more slowly to the problems faced by toxic exposure victims. Nonetheless, the individual and public health interests in early detection and treatment of exposure-related diseases have motivated an increasing number of courts to recognize claims for presymptom, postexposure medical surveillance. In most such cases litigants have pursued or courts have awarded a traditional common-law lump sum of monetary damages. …

I Can't Believe I Taped The Whole Thing: The Case Against Vcrs That Zap Commercials, Steven S. Lubliner

UC Law Journal

In Japan, one may now purchase a VCR that can distinguish between the programming and the advertisements, with the result that commercials are not recorded. The threat to television advertising there has led to a standoff between manufacturers of such VCRs and the Tokyo Broadcasting System. Such a machine is not currently available in the United States, but its development is anticipated, and its arrival is being planned for by advertisers.

This Note assumes that VCRs with "automatic commercial avoidance" technology will be introduced in the United States and examines their legal significance in light of policies in the Federal …

Developing An Identity Of Responsible Lawyering Through Experiential Learning, Homer C. La Rue

UC Law Journal

Professor La Rue explores the use of student lawyering experiences in the development of a responsible professional identity. He shows how it is possible, through the selection of practice settings that situate students side-by-side with subordinated people, for students to understand law as a multidimensional enterprise. His goal is to help us understand law as a translation of human stories and to recognize how this translation involves value laden choices that have the effect of silencing certain voices.

Predatory Pricing: The Evolution Of Judicial Standards In The United States And The European Economic Community, Nelsonya Causby

UC Law SF International Law Review

Predatory pricing occurs when a firm lowers its prices so that its competitors will lose business. When the competition leaves the market, the predatory firm can raise its prices beyond the levels of a competitive market. Predatory pricing is a violation of the antitrust laws of both the United States and the EC. This Note examines the standards used to determine whether a firm is engaged in predatory pricing in the U.S. and the EC. The author criticizes the approach taken by the U.S. Supreme Court and recommends the adoption of the EC standard.

Application Of American Land Use And Environmental Planning Techniques To Environmental Recovery In Emerging Economies: Fundamental Foundations From The New World To The Old, Lee R. Epstein, Larry A. Gordon

UC Law SF International Law Review

As we move into the twentieth century, environmental problems continue to receive a great deal of international attention and concern. It is recognized that the ongoing degradation of the world's natural resources combined with pollution and other environmental problems threatens the well being of us all. This article begins by exploring a number of regional environmental problems and looks particularly at the decay of the world's urban centers. An examination of the development of the planning process employed modernly in the United States follows. The authors propose that the application of the American land use planning techniques may lessen the …