Law Commons^™

Transsexuals And Critical Gender Theory: The Possibility Of A Restroom Labeled Other, Terry S. Kogan

UC Law Journal

No abstract provided.

Son Of Son Of Sam: Trashing Popular Media And Criminalizing Crime-Related Expression, David Sternbach

UC Law SF Communications and Entertainment Journal

When the Supreme Court struck down New York's "Son of Sam" statute on First Amendment grounds, it nonetheless found that states have "an undisputed compelling interest in ensuring that criminals do not profit from their crimes." The Court in effect invited states and lower courts to find less restrictive means to restrict crime-related expression, yet declined to address the question of how, or whether, expression-related income can be considered profit from crime. This Article examines that question, and discusses judicially-imposed restrictions on receipt of payment for expression deemed to be crime-related, including fines intended to forestall sales of stories by …

Curing The Inequitable Conduct Plague In Patent Litigation, Glenn E. Von Tersch

UC Law SF Communications and Entertainment Journal

The defense of unenforceability due to inequitable conduct in patent infringement suits has become an absolute plague. Senior Judge Nichols of the Federal Circuit said as much ten years ago, and the problem still remains. Because of the expense of litigating such a defense, patent owners settle valid infringement claims for cents on the dollar, while infringers suffer little more than the slight risk of sanctions. This Note defines inequitable conduct in patent prosecution, details the consequences of inequitable conduct, and describes the restricted method available for curing inequitable conduct. Next, the author describes the problems with the current state …

In Tribute, Frederic L. Kirgis

UC Law SF International Law Review

No abstract provided.

International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

The Battered Woman Syndrome In The Age Of Science, David L. Faigman, Amy J. Wright

Faculty Scholarship

No abstract provided.

Appellate Review Of Scientific Evidence Under Daubert And Joiner, David L. Faigman

Faculty Scholarship

No abstract provided.

Privatizing Same-Sex "Marriage" Through Alternative Dispute Resolution: Community-Enhancing Versus Community-Enabling Mediation, Clark Freshman

Faculty Scholarship

No abstract provided.

Travels With Otto, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Cancelling Crime, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Professor Rudolf B. Schlesinger: An Affectionate Tribute, David I. Levine

Faculty Scholarship

No abstract provided.

Issues Once Moot: The Other Evidentiary Objections To The Admission Of Exculpatory Polygraph Examinations, James R. Mccall

Faculty Scholarship

No abstract provided.

Thoughts About Roger Traynor And Learned Hand–A Qualifying Response To Professor Konefsky, James R. Mccall

Faculty Scholarship

No abstract provided.

Criminal History And The Purposes Of Sentencing, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter A. Schey, Dinah L. Shelton

Faculty Scholarship

No abstract provided.

Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Choosing Federal Judges In The Second Clinton Administration, Carl Tobias

UC Law Constitutional Quarterly

One of the critical responsibilities which the Constitution entrusts to the President of the United States is the appointment of federal judges. The Chief Executive nominates, and with the advice and consent of the Senate, appoints these officials who enjoy life tenure and must resolve disputes which implicate the basic freedoms of America's inhabitants. President Clinton's careful discharge of this crucial duty may well have yielded the foremost success of his first term in office.

When Governor Clinton was campaigning for the presidency in 1992, he promised to name as judges women and men who would be very intelligent, possess …

Law And Order In Cyberspace: Washington Report, Nicholas W. Allard, David A. Kass

UC Law SF Communications and Entertainment Journal

Electronic commerce in cyberspace faces an uncertain legal environment. In many instances the laws that will shape the future growth and development of electronic commerce have yet to be written. Gaps in the regulatory framework, and rules from other contexts that are made obsolete by cyberspace technology, promote chaotic market conditions and impede innovation. Today, business activity or interaction with people which employs 19th and 20th Century communication technology is governed by an array of civil and criminal laws. It is, however, not at all clear which existing legal rules do or ought to apply to markets in cyberspace. From …

Privacy And The Internet, Maureen S. Dorney

UC Law SF Communications and Entertainment Journal

This Article provides an overview of United States privacy status and regulations governing privacy issues and recent European privacy initiatives. The author explores how, in the absence of an overarching regulatory framework, steps have been taken by government and industry to address consumers concerns about privacy and the Internet.

Professor Rudolf B. Schlesinger, Mary Kay Kane

UC Law SF International Law Review

No abstract provided.

In Tribute, Mary Kay Kane

UC Law SF International Law Review

No abstract provided.

Fundamental Rights On The Infobahn: Regulating The Delivery Of Internet Related Services Within The European Union, Patrick G. Crago

UC Law SF International Law Review

The European Union (EU), and its Member States, is currently struggling with the question of if and/or how to regulate the rapidly expanding content and services available over the Internet, an international communications medium. Some Member States are unilaterally acting to regulate the delivery of Internet related services, while other Member States are still debating whether they should regulate. The EU continues to study the issue, proposing that the Member States cooperate together to resolve the issue.

This Note posits that as a result of the uniquely international nature of the Internet, and the cultural, political, and social issues its …

The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza

UC Law SF International Law Review

The process of European integration has been accompanied by a movement towards decentralization and devolution of power in many states within the European Union (EU). Subnational governments like L.nder, regions, or autonomous communities are seeking increased participation in the design and implementation of EU policies and in EU-level institutions. This Article explores the role of regions within the EU. It considers why subnational governments have assumed a growing role in European affairs, summarizes the mechanisms available in the most decentralized states for subnational input into EU policy formulation and implementation. It then focuses on the institutional mechanisms devised to allow …

To Judge Between The Nations: Post Cold War Transformations In National Security And Separation Of Powers--Beating Nuclear Swords Into Plowshares In An Imperfectly Competitive World, Antonio F. Perez

UC Law SF International Law Review

This Article describes the conflicting policy interests the U.S. government pursued in relation to its nonproliferation interest, on the one hand, in the security of excess Russian weapons-usable nuclear material and protectionist trade interests, on the other in preventing importation of low-cost Russian uranium and the conditions for privatization of the Government-owned corporation processing uranium for use in nuclear power reactors. The Article draws on recent national security literature to argue that both the nonproliferation and protectionist interests involve national security concerns; it then employs public choice theory to demonstrate that the Executive Branch is more likely than Congress to …

In Honor Of Stefan A. Riesenfeld, Lori Fisler Damrosch

UC Law SF International Law Review

No abstract provided.

International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Namoi Roht-Arriaza

UC Law SF International Law Review

No abstract provided.

Reconcilable Differences--The Interpretation Of Multilingual Treaties, Dinah Shelton

UC Law SF International Law Review

The practice of authenticating treaties in several languages has grown in recent decades as multilateral agreements are concluded in the six official languages of the United Nations or the corresponding number of official languages of other sponsoring organizations. Problems of translation errors, ambiguities, and deliberate differences lead to conflicts over the content of obligations and rights contained in the treaties. The Vienna Convention on the Law of Treaties provides some guidance to interpreting texts authenticated in several languages, but more effort is needed during negotiations to avoid discordant texts. In addition, the author proposes that greater recourse be had to …

Helms-Burton: The Canadian View, Kim Campbell

UC Law SF International Law Review

No abstract provided.

The Helms-Burton Act And Transnational Legal Process, William S. Dodge

UC Law SF International Law Review

Since its April 1996 passage, the Helms-Burton Act has raised the controversial issue of prescriptive jurisdiction over foreign companies through domestic legislation. The Act has two stated purposes: first, to speed the replacement of the Castro regime with a democratic government in Cuba; and second, to protect the rights of U.S. nationals whose property was expropriated by the Cuban government. Titles I and II address the first stated goal by implementing certain restrictions on the executive office in its relations with and regarding Cuba. Titles IMI and IV address the second stated goal. Title III, in particular, garners the most …

Exporting Ethics: Lessons From Russia's Attempt To Regulate Federal Lobbying, Jason D. Kaune

UC Law SF International Law Review

After the collapse of the Soviet Union, U.S. experts have attempted to assist the Russian Federation in developing legal means to control and regulate lobbying. Faced with rampant corruption and the lack of a democratic tradition, the Russian government must address questions concerning lobbying that have troubled the United States for decades.

Mr. Kaune analyzes the 1995 attempt to export the U.S. model of regulating business-government contracts through a Russian federal law on lobbying. Although that attempt failed, the effort provides a number of lessons about both lobbying in Russia and relations between Russia and the United States.