Law Commons^™

The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish

UC Law SF Communications and Entertainment Journal

As with any other medium of information, the Internet has the potential to be used as a tool for businesses, individuals, and government to peer into people's personal lives. Conversely, many are concerned that the Internet can also be used to deliver objectionable or obscene information to minors. These concerns fuel the ongoing debate over whether and how to regulate the Internet to protect the privacy and speech concerns implicated by its many uses. Congress, the courts, the European Community, and a coalition of Internet industry members have taken several decisive steps in an effort to focus the ever-changing policy …

Chasing The Future: Has The Digital Performance In Sound Recordings Act Of 1995 Kept Pace With Technological Advances In Musical Performance, Or Is Copyright Law Lagging Behind, Steven V. Podolsky

UC Law SF Communications and Entertainment Journal

Ever since jukeboxes and taped music began replacing bands in many restaurants and bars, performing musicians have been deprived of earnings and protection from unauthorized performance of their work. Digital technology exacerbated the problem by creating super quality sound that can be duplicated without a loss of quality. The Internet, which has become a medium for distributing prerecorded music, has the potential for doing damage to ownership interests throughout the entire recorded music industry. In just a few seconds, anyone with Internet access can retrieve, store, and listen to the performance without paying royalties to the performers. This article discusses …

Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan

UC Law SF Communications and Entertainment Journal

Motion pictures are speech, just like any other form of expression. As such, the First Amendment protects filmmakers from both criminal liability and tort liability for the speech in their films. A recent opinion from Louisiana, which was denied review by the United States Supreme Court, may have a great impact on filmmaker liability. As long as a plaintiff follows a specific pleading format, filmmakers will be forced to spend the money necessary to defend against potentially frivolous lawsuits all the way through the discovery phase, up and until they prepare an expensive motion for summary judgment. This article analyzes …

Recent Trademark Cases Examine Reverse Domain Name Hijacking, Carl Oppedahl

UC Law SF Communications and Entertainment Journal

The outcome of a domain name dispute can fall anywhere along a spectrum. Some courts grant strong remedies against domain name owners, while others find no liability for domain name owners with common or generic dictionary words that are used by many companies. For every highly visible "strong remedies" case in which the trademark owner chose to go to federal court, there have been dozens of unpublicized cases in which the challenger went to the "court" of Network Solutions, Inc. instead. This article focuses on the three recent cases in which domain name owners, faced with NSI decisions in favor …

The Case For A Specialized Copyright Court: Eliminating The Jurisdictional Advantage, Michael Landau, Donald E. Biederman

UC Law SF Communications and Entertainment Journal

Many of those who specialize in copyright law have become increasingly dismayed by the degree to which the outcome of copyright cases depends upon the venue in which an action is brought. Beyond this, copyright is a highly specialized and technical body of law, and some of its aspects seem to us to be the sort that would be best handled by specialized judges. This article discusses the history of existing specialized courts, and examples that demonstrate that the current system of copyright adjudication works poorly. The authors then recommend the creation of a national copyright court that follows the …

Music Included On Software Downloaded From The Internet: Public Performance Or Private Use, Christopher Paul Moore

UC Law SF Communications and Entertainment Journal

This note addresses the applicability of the public performance right when software creators license copyrighted music to include on software that is sold and delivered directly over the Internet. This note contends that when software is bought from a site on the Internet, and then digitally downloaded to a consumer, a public performance has occurred under section 106(4) of the Copyright Act.

International Copyright Law And The Electronic Media Rights Of Authors And Publishers, Irene Segal Ayers

UC Law SF Communications and Entertainment Journal

This article looks at recent cases resolving disputes over the electronic media rights of freelance journalists and publishers in the United States and Europe. This article considers the implications of conflicting case law for international electronic trade in copyrighted works and suggests international solutions that attempt to balance fairly the competing interests of freelancers, publishers, and the new electronic media industries.

Commentary On William Lloyd Prosser, Strict Liability To The Consumer In California, David J. Jung

UC Law Journal

No abstract provided.

Proving The Obvious: The Antitrust Laws Were Passed To Protect Consumers (Not Just To Increase Efficiency), Robert H. Lande

UC Law Journal

No abstract provided.

A Comment On Competition And Controversy In Local Telecommunications, Howard A. Shelanski

UC Law Journal

No abstract provided.

Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards

UC Law SF Communications and Entertainment Journal

No abstract provided.

Marching To Madness: Dual Use Trademarks After Illinois High School Association V. Gte Vantage, Jonathan Berger

UC Law SF Communications and Entertainment Journal

March is the month when the college basketball season draws to a close, and the insanity associated with the championship tournaments begins. In 1996, the Court of Appeals for the Seventh Circuit ruled that the term "March Madness" existed with dual-usage. This article argues that there was no need to create the concept of the "dual-use trademark" at all, and that the existing trademark-law framework was perfectly adequate for the task of adjudicating issues such as the one presented here. This article further contends that the potential perils of dualuse trademarks far outweigh any benefits that might spring from their …

Will The Bang Mean Big Changes To Japanese Financial Laws, Jessica C. Wiley

UC Law SF International Law Review

In response to both domestic and international pressure, the Japanese government began a series of reforms designed to deregulate their financial market in 1998. The reform plan is modeled after the British and U.S. deregulation measures often-termed "Big Bang" reforms. The essence of Japan's Big Bang is the end of highly segmented financial markets in favor of a single market where domestic and foreign banks, securities houses, insurance companies and other financial institutions will be free to compete in each other's business specialties.

The recent amendments to the Foreign Exchange and Foreign Trade Law are an example of Japanese Big …

The Effect Of International Court Of Justice Decisions On Municipal Courts In The United States: Breard V. Greene, Sanja Djajic

UC Law SF International Law Review

The relationship between international and municipal law is complex and continually developing. One way to analyze this issue is to observe the interaction between domestic courts and the International Court of Justice. These two types of courts may entertain identical claims.

This article analyzes whether there is any correlation between the two types of courts, and the character of this correlation if there is one. Through an examination of Breard v. Greene, this article will examine the attitudes of United States courts toward the enforceability and the legally binding character of International Court of Justice decisions. This article will also …

Procompetitive Theories Of Vertical Control, Andy C. M. Chen, Keith N. Hylton

UC Law Journal

No abstract provided.

The Abc's Of Universal Service: Arbitrage, Big Bucks, And Competition, Gregory L. Rosston, Bradley S. Wimmer

UC Law Journal

No abstract provided.

The Montrose Decision And Long-Tail Environmental Liability--A New Approach To Allocating Risk Among Multiple Third-Party Insurers, Joren S. Bass

UC Law Environmental Journal

No abstract provided.

Panel Discussion - To Bot Or Not To Bot: The Implications Of Spidering, David Kramer, Jay Monahan

UC Law SF Communications and Entertainment Journal

Mr. Kramer and Mr. Monahan discuss the issues raised by the use of bots on the Internet and the implication of such use in litigation. Bots, or spidering programs, are software devices used to access specific information contained on web sites. Bots are commonly used when search engines comb the web to generate responses to queries. However, other less than noble uses, including the gathering of e-mail addresses for "spamming" and the taking of a site's content and reposting it elsewhere, raise complex legal issues and have generated considerable litigation.

Neutrality Of The Equal Protection Clause, K. G. Jan Pillai

UC Law Constitutional Quarterly

Espousing colorblindness as the defining feature of the Equal Protection Clause, a bare majority of the Justices of the United States Supreme Court has outlawed almost all race and gender-conscious government programs such as affirmative action, legislative redistricting and school desegregation. The doctrinal foundation of colorblindness is government neutrality. Colorblindness also envisions vigorous enforcement of anti-discrimination laws as the substitute for race-conscious measures to achieve racial equality. However, equal protection neutrality remains amorphous, undefined and structureless, and it often provides a safe harbor for race disadvantaging laws that do not measure up to the Court's standard of invidious discrimination. Moreover, …

Intellectual Property And Antitrust: A Comparison Of Evolution In The European Union And United States, Sara M. Biggers, Richard A. Mann, Barry S. Roberts

UC Law SF International Law Review

Transactions involving the transfer of intellectual property rights give rise to antitrust issues, potentially implicating the involvement of the enforcement bodies of the European Union (EU) and United States. While changing market dynamics resulting from innovation and globalization impact antitrust enforcement, the movement toward "decentralization" of antitrust enforcement represents yet another trend that causes uncertainty in both the EU and U.S. antitrust policies. In this context, one of the most notable aspects of evolving antitrust policy is that of cooperation between the enforcement agencies in the EU and the United States.

This Article explores the key legislative and policy developments …

With A Broad Brush: The Federal Regulation Of Sanctions Against Burma (Myanmar), James Finch, David Schmahmann, Particia Bailey

UC Law SF International Law Review

On April 21, 1998, the Office of Foreign Assets Control of the U.S. Treasury Department issued regulations to implement the Executive Order that applied sanctions against Myanmar. With certain exceptions, the Regulations prohibit new investment by U.S. individuals or companies in Myanmar. This Essay explains and analyzes the reach of the Regulations and their potential ramifications.

Sweating The International Garment Industy: A Critique Of The Presidential Task Force's Workplace Codes Of Conduct And Monitoring System, Heidi S. Bloomfield

UC Law SF International Law Review

Like employers in the United States, employers in Japan seek to prevent their former employees from competing with them by using noncompete covenants. As Japan's work force and employment system become more diverse, individualized and laterally mobile, noncompete provisions are appearing before the Japanese courts with increasing frequency.

The Japanese courts' approach to noncompete clauses is to scrutinize their "reasonableness" by balancing the competing interests of the employer in protecting its business goals and the employee in preserving his right to freedom of occupation. However, the notion of "reasonableness" has been elusive, causing the Japanese courts to struggle with application …

The International Monetary Fund: Is It The Right Or Wrong Prescription For Korea, Ellen J. Shin

UC Law SF International Law Review

Since emerging as a war torn country in 1953, Korea has become a major economic contender in the international market. By 1997, Korea had achieved success as the world's eleventh largest economy. That success was cut short by the "Asian financial crisis" of late 1997, which greatly affected the Korean economy. Caused by the unraveling of the diversified, family-owned conglomerates known as chaebol, which collapsed under billions of dollars in bank loans, Korea sought to restore its economic ascendancy with an IMF bailout. The resulting IMF austerity program has received much criticism, focused primarily on the fact that the traditional …

Religion And State In Israel: The Case For Reevaluation And Constitutional Entrenchment, Gidon Sapir

UC Law SF International Law Review

From the establishment of the State of Israel until very recently, the issue of religion and state was handled in Israel according to the doctrine of status quo. As a result, matters of religion and state have changed little from the time the State of Israel was established. Underlying the status quo-viewed as an informal "gag rule"-was the perception that it served as a necessary condition for the emergence, maintenance and stability of democracy in Israel. Yet on many occasions over the past several years, once latent disagreements over matters of religion and state have become a major source of …

Implementing Antiessentialism: How Gender Wars Turn Into Race And Class Conflict, Joan C. Williams

Faculty Scholarship

No abstract provided.

Market Work And Family Work In The 21st Century, Joan C. Williams

Faculty Scholarship

No abstract provided.

Commentary On William Lloyd Prosser, Strict Liability To The Consumer In California, David Jung

Faculty Scholarship

No abstract provided.

Weathered Hope, Paul J. Meyer Jr.

UC Law Environmental Journal

No abstract provided.

The Evolution Of The Sprawl Debate In The United States, Robert W. Burchell, Naveed A. Shad

UC Law Environmental Journal

No abstract provided.

To Autumn, John Keats

UC Law Environmental Journal

No abstract provided.