Law Commons^™

Don't Ask--Don't Tell: The Secret Practice Of Physician-Assisted Suicide, Julia Pugliese

UC Law Journal

The United States Supreme Court recently acknowledged that the constitutional right to privacy encompasses a patient's right to refuse medical treatment. The Court has been reluctant, however, to extend this right to encompass physician-assisted suicide. This Note argues that legalization of physician-assisted suicide is the next logical step in granting freedom and personal autonomy for suffering, terminally ill patients. However, because of the need for specific guidelines the proper forum for this issue is not the Supreme Court, but state legislatures.

The Note begins by examining the reality that assisted suicide presently occurs in an unregulated environment and posits that …

Toture And Inhumane Punishment Of United States Citizens In Saudi Arabia And The United States Government's Failure To Act, Jacqueline M. Young

UC Law SF International Law Review

No abstract provided.

Foreward: The Faces Of Academia, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Booth Cases: Final Step To The Civil War, Jenni Parrish

Faculty Scholarship

No abstract provided.

Guideline Developments In The First Circuit: The Two Faces Of Appellate Review, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Reviewing Departures: The First Circuit's New Rivera Rule, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

The Games People Play: Sega V. Accolade And The Right To Reverse Engineer Software, William S. Coats, Heather D. Rafter

UC Law SF Communications and Entertainment Journal

In Sega v. Accolade, a case involving the legality of reverse engineering of computer software, the Ninth Circuit resolved copyright and trademark issues of first impression. The decision is of great significance for its legal analysis of the fair use doctrine and policies underlying the trademark law. This article provides background information useful to understanding Accolade from a technical and legal perspective. The authors conclude that the decision is consistent with the recent trend among the courts to limit the use of intellectual property laws to stifle competition.

Copyright Registration For Computer Programs And Screen Displays, Nancy H. Lawrence

UC Law SF Communications and Entertainment Journal

This article summarizes the practices of the U.S. Copyright Office for registration of copyright claims in computer programs and screen displays, and touches on some of the new software developments that raise issues relevant to registration.

California Art Legislation Goes Federal: Progress In The Protection Of Artists' Rights, Thomas M. Goetzl

UC Law SF Communications and Entertainment Journal

The author of this article was Program Chair of the Art Law Section meeting at the 1993 annual convention of the Association of American Law Schools. In the article, he briefly reviews state and federal legislative enactments that have affected the visual arts. The author then summarizes the presentations of each of the panelists at the Art Law Section meeting. Finally, the author offers his own comments on the Resale Royalty Report that was prepared by the Copyright Office and submitted to Congress in December 1992.

Droit De Suit: The Artist's Right To A Resale Royalty, Marilyn J. Krestinger

UC Law SF Communications and Entertainment Journal

This article discusses an artist's right to participate in the profits or royalties from the resale or use a work. It briefly traces the right to its European roots, notes the current countries that have an effective resale royalty, and then discusses the status of the right in the United States, summing up the recent report of the U.S. Copyright Office to Congress. The article concludes that if the European Community harmonizes existing droit de suite laws within the Community, then the United States may move in that direction.

California Arts Legislation Goes Federal, Richard Mayer

UC Law SF Communications and Entertainment Journal

The author provides a unique perspective from which to view moral rights and resale royalty legislation-that of an artist. His article relates his personal insights into the inception and enactment of the California Resale Royalties Act, the California Art Preservation Act, and VARA. In doing so, he also explores the issues surrounding resale royalties and moral rights.

Creators Caught In The Middle: Visual Artists Rights Act Preemption Of State Moral Rights Law, Joshua H. Brown

UC Law SF Communications and Entertainment Journal

VARA is the first federal legislation allowing American artists to protect their works' integrity and to be recognized as authors despite the continuing sale or other transfer of their art. Such privileges, known as "moral rights," have been an integral part of European law for over a century, and have been incorporated into many American states' laws within recent years. With the passage of VARA, the moral rights laws of many states became redundant. This note attempts to determine the extent to which VARA preempts state laws, focusing on the New York, California, and Massachusetts statutes.

Home Audio Taping Of Copyrighted Works And The Audio Home Recording Act Of 1992: A Critical Analysis, Joel L. Mckuin

UC Law SF Communications and Entertainment Journal

This Article focuses on the inadequate protection afforded music creators from unauthorized noncommercial home taping of sound recordings. The widespread practice of unauthorized home taping has harmed both the recording industry and society. In an attempt to rectify the problem, Congress enacted the Audio Home Recording Act of 1992 (AHRA). The author argues, however, that AHRA provides record producers with insufficient protection from home copying. This Article addresses the shortcomings of AHRA: (1) the lack of royalties for analog home taping and (2) the lack of performance rights in sound recordings for copyright owners and music performers. It further indicates …

International Film Co-Production Tax And Subsidy Mechanisms, Margaret Moore

UC Law SF Communications and Entertainment Journal

International co-production agreements allow two or more countries to jointly produce films and television programming, thereby gaining tax incentives and national production subsidies. Co-production arrangements have resulted in films such as The Crying Game, Damage, and Prospero's Books.

This Article discusses current international co-production issues from the American producer's perspective. The Article is an exercise in global comparison, culminating in a discussion of the Council of Europe's proposal to standardize co-production rules and arrangements.

The High Cost Of Convenience: Antitrust Law Violations In The Computerized Ticketing Services Industry, Kevin E. Stern

UC Law SF Communications and Entertainment Journal

The advent of computerized ticketing has made the purchase of entertainment tickets more convenient for consumers-but often at a steep cost. Are ever-increasing ticketing service charges the result of antitrust violations or other unlawful business practices as consumers have charged? This Note examines recent class action antitrust lawsuits against the dominant California computerized ticket agencies, entertainment venues and promoters. It summarizes and analyzes the relevant California statutes and case law at issue and concludes there is merit to some, but not all, of the plaintiffs' claims.

Researching The Right Of Publicity: A Revised And Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

Fraud And Insider Trading In American Securities Regulation: Its Scope And Philosophy In A Global Marketplace, Donald C. Langevoort

UC Law SF International Law Review

The principal antifraud provision of securities law in the United States is rule lOb-5. Fraud consists of either a material misstatement reasonably calculated to influence the investing public or silence when an independent duty to speak arises because of prior conduct or a pre-existing fiduciary duty. Judicial theories pursuant to this rule such as the "abstain or disclose" theory and the "misappropriation" theory constitute the major part of U.S. insider trading law. The author contends that the two main tests used to determine when rule lOb-5 rule is applicable, the "effects test" and the "conduct test," are too broad and …

Regulatory Competition In Securities Markets: An Approach For Reconciling Japanese And United States Disclosure Philosophies, James D. Cox

UC Law SF International Law Review

U.S. mandatory disclosure requirements are far more demanding in breadth and detail than those of Japan. However, as this Article suggests, a good deal of diversity, and even laxity, can coexist within mutually agreed upon principles for fair competitive regulation. This Article attempts to provide a framework for efficient regulatory competition between the two countries' markets by focusing on "managerial opportunism"!-an expression identifying a wide range of possible concerns that may influence an issuer's choice among markets. The author suggests appropriate measures for disclosure could minimize differences between securities markets, and as a result minimize the role managerial opportunism plays …

Transnational Investment By Institutions, David L. Ratner

UC Law SF International Law Review

In recent years two significant trends have occurred in securities markets-institutionalization and internationalization. This Article discusses the interaction of these two trends. In particular, the Article explores the effect of current regulatory structures on institutional investment in foreign securities markets. Other factors which may inhibit foreign investment such as tax concerns, disclosure requirements, and liquidity concerns are also discussed.

Institutional Investors: Global Scale Securities Markets And Insurance, Trust, And Annuity Groups, Yoshitaka Kurosawa

UC Law SF International Law Review

The author describes the expansive nature of Japan's annuity assets. Japan's annuities are divided into public annuities, which include pension insurance, mutual annuities, and national annuities, and private annuities, such as welfare pension funds and qualified annuities. The author discusses trust banks and life insurance companies and their relationships with annuities investments. The author also addresses problems regarding securities investments in Japan such as appraisal losses and the investment of annuities in Keiretsu organizations.

The Federal Role In Supporting The Arts: Decline In Great Britain, Canada, And The United States, Stephanie M. Cooper

UC Law SF International Law Review

The United States is not alone in its dilemmas with arts funding. Great Britain and Canada also struggle to achieve balanced governmental roles in arts subsidy which allow for artistic freedom without conceding accountability. The three countries take similar approaches to arts funding through an arm's length mechanism that is designed to alleviate undue political influence on the arts. This Note examines both the common and distinct crises in arts funding in Great Britain, Canada, and the United States by exploring the characteristics and flaws of the arm's length principle. The Note then explores each government's efforts to maintain some …

Japanese Business Disclosure And Accounting Requirements, Hideaki Sudo

UC Law SF International Law Review

The trend toward a global securities market has been hindered by divergent national accounting and auditing standards. The increasing international focus of Japanese business and the diversification of Japanese corporations has highlighted the need for Japanese accounting standards to become more consistent with international standards. The author examines the progress Japan has made since 1986 in harmonizing their accounting and auditing standards with international practices. The author also examines recent revisions to Japanese security reporting regulations which make them more compatible with similar U.S. regulations.

Avoiding Elective Dictatorship In The United Kingdom: Debate On Constitutional And Electoral Reform Through Proportional Representation, John A. Zecca

UC Law SF International Law Review

Constitutional debate in the United Kingdom is focusing on whether the electoral system fairly represents the population. This Note examines the unwritten British Constitution that gives politicians complete control over the country's electoral system. The Note argues that political self-interest has led to current first-past-the-post electoral system that ignores the will of a diverse electorate by polarizing government. The Note then examines alternate electoral systems that use proportional representation to ensure the election of third party candidates. The Note concludes by recommending adoption of an electoral system that incorporates diversity while remaining true to the constitutional heritage of the United …

Hong Kong's Basic Law: The Path To 1997, Paved With Pitfalls, Anna M. Han

UC Law SF International Law Review

In 1997, one hundred years of British colonial rule will end, and Hong Kong will revert back to the People's Republic of China. At that time, the political, legislative, religious, educational, economic, legal, and social aspects of life in Hong Kong will be governed by the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China." This Article discusses the historical background of Hong Kong and explores some of the troubling issues raised by the adoption of the Basic Law. The Article particularly focuses on the question of whether the main purpose of the Basic …

Extraterritorial Application Of U.S. Antitrust Laws To Other Pacific Countries: Proposed Bilateral Agreements For Resolving International Conflicts Within The Pacific Community, Seung Wha Chang

UC Law SF International Law Review

The basic antitrust statutes of the United States, such as the Sherman Act, the Clayton Act, and the Federal Trade Commission Act, all possess some form of extraterritorial jurisdiction. Based upon the "effect doctrine," formulated by Judge Learned Hand in United States v. Aluminum Co. of America, the extraterritorial reach of U.S. courts under these statutes is broad. Applying the liberal standard of the "effects doctrine," federal courts more often than not have found jurisdiction over conduct occurring outside the United States by foreign corporations. This Article analyzes the international conflicts resulting from extraterritorial enforcement of the antitrust laws of …

Scapegoat For The Trade Deficit: Does Eec Antitrust Treatment Of Joint Ventures Place The United States At A Competitive Disadvantage, Dana W. Hayter

UC Law SF International Law Review

This Note critiques a proposal by Professors Jorde and Teece of the University of California at Berkeley, California, to exempt joint ventures from the United States' antitrust laws. The professors contend that their proposal emulates the EEC exemption procedure under Article 85(3) of the Treaty of Rome, and that the United States must adopt their proposal to compete with the EEC. This Note questions both assertions. The Jorde and Teece proposal would exempt a wide variety of agreements between competitors from civil and criminal liability with a minimum of initial review, without empirical support, and with little subsequent supervision. By …

Nafta And The Future Of United States - European Community Trade Relations: The Consequences Of Asymmetry In An Emerging Era Of Regionalism, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.

The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim

UC Law SF International Law Review

No abstract provided.

Environmental Rights In The European Community, Dinah L. Shelton

UC Law SF International Law Review

No abstract provided.

Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki

UC Law SF International Law Review

No abstract provided.