Law Commons^™

Envy And Jealousy: A Study Of Separation Of Powers And Judicial Review, Laura E. Little

UC Law Journal

In the enclosed study, Professor Little analyzes judicial review from a perspective never before explored: civilization's understanding of jealousy and envy. For her raw material, Professor Little uses the recently aggressive decisions of the United States Supreme Court interpreting federalism and separation of powers issues. She scrutinizes the decisions in light of scholarship in philosophy, psychology, and other social sciences studying the sources and cures for envy and jealousy. In particular, Professor Little uses the jealousy and envy literature to navigate several questions seizing the attentions of federal jurisdiction and constitutional law scholars: Can we justify supreme judicial review? Is …

Shall The Sins Of The Son Be Visited Upon The Father--Video Game Manufacturer Liability For Violent Video Games, David C. Kiernan

UC Law Journal

In the wake of the perverse pattern of horrifying schoolyard shootings in Littleton, Colorado, and in Paducah, Kentucky, the video game industry has increasingly come under fire for its excessively violent video games. In particular, the potential for tort liability for video game manufacturers has attracted significant attention. This raises questions of whether the video game manufacturers can be held liable for the deaths or injuries of those students and teachers under traditional tort principles and whether the First Amendment will preclude such an action. This dialogue takes on new urgency following the recently published FTC report Marketing Violent Entertainment …

First-Party Bad Faith: The Search For A Uniform Standard Of Culpability, Dominick C. Capozzola

UC Law Journal

For almost thirty years, courts have been experimenting with the tort of First-Party Bad Faith. As a consequence, insurance companies are receiving mixed signals about how careful they should be when assessing their first-party claims. This becomes even more confusing when one considers that only half of the states have accepted First-Party Bad Faith. In this Note, Dominick Capozzola argues first that all of the states should accept the tort of First-Party Bad Faith. In so doing, he discusses the reasons for and against First-Party Bad Faith, concluding that the policy reasons supporting the tort far outweigh the traditional contract …

Constitutional Change And International Government, Chantal Thomas

UC Law Journal

This Article argues that the rise of economic regulation by international organizations is transforming federal government in much the same way as the rise of administrative agencies transformed it at the beginning of the twentieth century. Just as administrative agencies came to be recognized as a de facto "fourth branch" of federal government, United States participation in international economic organizations has generated a de facto "international branch" of federal government.

There are striking similarities between this international branch and the administrative branch; the differences that exist suggest the rise of international government may be even more revolutionary. The construction of …

An Observation And A Strange But True "Tale": What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture, Paul Schiff Berman

UC Law Journal

Few would dispute that law and legal procedures lie at the core of American self-identity and are woven deeply into the fabric of our culture. Indeed, our nation's faith in law has frequently been the subject of criticism. Most recently, self-proclaimed "communitarian" commentators have warned that our insistence on legal solutions is encouraging us to become a society of litigants whose attachment to "rights talk" and legal battles is thwarting our ability to reach consensus on social issues or instill shared values in our communities. While there are many possible responses to such a critique, this Essay offers one that …

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

UC Law SF International Law Review

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

The Political Economy Of Nafta Chapter Eleven: Equality Before The Law And The Boundaries Of North American Integration, Frederick M. Abbott

UC Law SF International Law Review

No abstract provided.

Holding Up Half The Sky But Not Allowed To Hold The Ground: Women's Rights To Inherit And Own Land In Hong Kong And The People's Republic Of China, Nora E. Sheriff

UC Law SF International Law Review

The rights of women to inherit and own land differ in the New Territories in Hong Kong and Jiangxi in China. The history of the two nations explains many of the differences and similarities regarding women's rights. As Hong Kong and China meld into one nation with two systems, inevitable changes to those rights will occur.

This Note surveys the general perceptions regarding human and women's rights in Great Britain, Hong Kong and China. Also, the Note explores international treaties that affect women's rights with special attention to the participation of both Hong Kong and China. Each nation's internal laws …

National Courts And International Arbitration: Exhaustion Of Remedies And Res Judicata Under Chapter Eleven Of Nafta, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Application Of The Elements Of Torture And Other Forms Of Ill-Treatment, As Defined By The European Court And Commission Of Human Rights, To The Incidents Of Domestic Violence, Ela Grdinic

UC Law SF International Law Review

Domestic violence has not traditionally been considered a type of torture. In fact, until recently, many European countries did not even have laws to protect women from domestic assault. However, the development of concepts in international law such as the individual right to petition, the positive obligations of states, the absolute character of certain rights, and the expansion of the application of state responsibility for the acts of private individuals, all provide fertile ground for the recognition of domestic violence as a human rights issue.

This Article argues that incidents of domestic violence in fact satisfy the criteria imposed by …

The Anatomy Of A Chapter Eleven Arbitration: Affidavits, Affiant, And Burdens Of Proof, David J. St. Louis

UC Law SF International Law Review

No abstract provided.

Arbitration Under Nafta Chapter Eleven: Some Pragmatic Reflections Upon The First Case Filed Against Mexico, Clyde C. Pearce, Jack Coe Jr.

UC Law SF International Law Review

No abstract provided.

State Responsibility For Denial Of Substantive And Procedural Justice Under Nafta Chapter Eleven, Don Wallace Jr.

UC Law SF International Law Review

No abstract provided.

Investment, Environment And Dispute Settlement: Arbitration Under Nafta Chapter Eleven, Joseph De Pencier

UC Law SF International Law Review

No abstract provided.

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

Some Observations On Chapter Eleven Of Nafta, Daniel M. Price

UC Law SF International Law Review

No abstract provided.

Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner

UC Law SF International Law Review

After a lengthy impasse in the peace process between Israel and the Palestinian Authority, a series of several agreements designed to foster peace led to the Wye River Memorandum. This agreement, negotiated in conjunction with President Clinton, established concrete steps for each side to take in reaching lasting peace. This Article analyzes the Wye River Memorandum in the context of the legal and political controversies surrounding its adoption and implementation. Additionally, this Article includes a postscript that addresses the recent Al-Aqsa Intifada.

Protection Against Trademark Dilution In The U.K. And Canada: Inexorable Trend Or Will Tradition Triumph, David S. Welkowitz

UC Law SF International Law Review

This Article addresses the trend toward increasing protection of trademarks in the context of non-confusion. Specifically, this Article analyzes this dynamic as it is occurring in the United Kingdom and Canada. It opens with a brief discussion of trademark protection outside the context of trademark confusion. It then proceeds to an in-depth analysis of trademark dilution in the United Kingdom and Canada, with special attention paid to comparative analysis. By analyzing this trend as it is occurring in these countries, the author provides useful insight into not only what is happening in these countries, but also the implications these developments …

The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson

UC Law SF Communications and Entertainment Journal

The issue of whether the one year statute of limitations period mandated by California's Talent Agencies Act really means one year has recently been considered by the California Court of Appeal. In Park v. The Deftones, the court held that the one year limitations period is revived when a manager sues an artist. The same court, in Styne v. Stevens, held that while a lawsuit by a manager revived the statute of limitations, it revived it only for an additional one year period. This paper explores the case of Styne, the scope of the Talent Agencies Act, the jurisdiction of …

Anti-Paparazzi Laws: Comparison Of Proposed Federal Legislation And The California Law, Ashley C. Null

UC Law SF Communications and Entertainment Journal

Recent attempts by the California legislature to prevent abuses by the paparazzi have spotlighted the conflict between freedom of the press, which is considered essential to the survival of a democratic society, and the personal right of privacy, violation of which has proven harmful. This article compares California's Anti-Paparazzi law with proposed federal legislation. The author suggests an appropriate course of action for promoting the most effective form of federal legislation on the issue.

Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld

UC Law SF Communications and Entertainment Journal

This note examines the SEC's reaction to initial public offerings (IPOs) on the Internet during the late 1990's, explores benefits and concerns associated with IPOs in the Internet generally, and suggests ways in which the SEC should respond to such Internet IPOs. The author suggests that it is advisable for the SEC, given the likely continued increase in the use of the Internet for investment purposes, to step in and preempt state regulation of Internet IPOs, thereby giving smaller companies an increased opportunity to raise capital.

International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman

UC Law SF Communications and Entertainment Journal

Copyright owners have become increasingly concerned with online copyright infringement by Internet service providers. As a result, lawmakers have attempted to determine the most appropriate mechanism by which to impose third party liability upon these ISPs. The internet makes it extremely difficult to identify online copyright infringement in general, and unfortunately, the task becomes even more difficult in the international context. This paper suggests that a practical solution to the problem might include creating international procedural guidelines, which would provide copyright owners with viable means to protect their rights. The authors compare international standards for ISP liability for third party …

Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez

UC Law SF Communications and Entertainment Journal

The extent to which the government should have the ability to regulate "vice" products and activities, such as tobacco, alcohol and gaming, is extremely controversial. This article examines the commercial speech doctrine's "vice" advertising cases from 1986 through 1999 and the Central Hudson analysis. Remarkably, by 1999, the Court appears to have completely reversed its position regarding "vice" advertising, and in fact, it seems to have virtually eliminated the "vice" advertising distinction. As a result, it seems as though equal treatment is required under the First Amendment for all truthful, non-deceptive advertising for lawful products and services. The authors argue …

The Law That It Deems Applicable: Icann, Dispute Resolution, And The Problem Of Cybersquatting, Stacey H. King

UC Law SF Communications and Entertainment Journal

In an attempt to resolve disputes between domain name registrants and trademark holders in various countries, the Internet Corporation for Assigned Names and Numbers (ICANN) has implemented a policy under which complaints can be lodged and an objective inquiry into the facts for parties can be assessed. This article attempts to examine cases filed to date to determine whether the ICANN Policy and Rules are being effectively used for their intended purpose. The author explores the features of a domain name, the history of the Internet and how the decision to privatize the administration of domain names was made. Also …

Copyright Misused: The Impact Of The Dmca Anti-Circumvention Measures On Fair & (And) Innovative Markets, Jason Sheets

UC Law SF Communications and Entertainment Journal

Digital technology and innovation acutely impact copyright law. This article describes the delicate balance between incentives for authors and access to creative works under copyright policy and demonstrates how modem trends and congressional action pose a threat to that balance. The author suggests that the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are unconstitutional and that they threaten to undermine the fundamental economic justifications of copyright law. The author concludes that the anticircumvention measures are also poor public policy because the threat that they pose to competition and innovation are contrary to the expanding technological marketplace.

Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan

UC Law SF Communications and Entertainment Journal

In National Basketball Association v. Motorola, Inc., the Second Circuit found that the results of a professional sporting event may be appropriated by a commercial pager company and a commercial online service without infringing upon any right of the leagues or the teams. Additionally, the court said that a state could not legislate to protect facts, which remain exempt from federal copyright protection, unless those facts can be considered to be "hot news." This paper suggests that the Second Circuit's holding in Motorola is out of sync with the economic world within which the sports industry operates and that it …

Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan

UC Law SF Communications and Entertainment Journal

The policies underlying the creation and exploitation of intangible intellectual property differ sharply from those for manufacture and sale of tangible goods. Intellectual property law seeks to protect the creditor's ability to benefit by his endeavors; in contrast, laws governing tangible goods are concerned with the transferability and availability of such goods in the interest of efficiency. This paper argues that current laws, such as the recent revision of Article 9 of the Uniform Commercial Code ("Revised 9"), ignores the concept that effective financing of intellectual property could and should operate in conjunction with state personal property financing laws. The …

Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth

UC Law SF Communications and Entertainment Journal

This article examines the temporal remoteness aspect of copyright law's subconscious copying doctrine. Under this doctrine, copyright infringement defendants can be held liable for infringement, even if they believe that they independently created their work, if the defendants had access to the copyrighted work, the works are practically identical, and the degree of temporal remoteness - the time between access and subsequent creation of the infringing work - was low. The author analyzes the evolution of the subconscious copying doctrine from its inception in Fred Fisher, Inc. v. Dillingham to its recent interpretation by the Ninth Circuit in Three Boys …

The Resurgence Of Herbal Remedies: Controlling Access To Herbal Remedies And Medicinal Marijuana--Foreword, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.

The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.