Law Commons^™

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

Hastings 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 …

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

Hastings 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 …

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

Hastings 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 …

Constitutional Change And International Government, Chantal Thomas

Hastings 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 …

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

Hastings 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 …

New Technology Clauses Aren't Broad Enough: Why A New Standard Of Interpretation Must Be Adopted For Internet Distribution, Lisa A. Flate

Hastings Communications and Entertainment Law Journal

The distribution of films, specifically independent films, over the Internet often violates the distribution rights of multiterritorially distributed films created before Internet distribution was foreseeable. This article explores the history and development of Internet-distributed entertainment, what Internet distribution means to the independent film industry, how new technology clauses have been interpreted and why Internet distribution requires a fresh construction of these clauses, as well as the role technology plays in preventing problems with Internet distribution. The author poses an equitable solution to make Internet distribution possible and lucrative for all parties under United States and international copyright laws.

Pornography And The International Internet: Internet Content Regulation In Australia And The United States, Meghan A. Wharton

Hastings Communications and Entertainment Law Journal

In response to a vast concern about the widespread availability of pornographic materials on the Internet, the United States legislature passed the Communications Decency Act of 1996. Just prior to this legislation, the Australian government began investigating possible regulatory schemes for online content, culminating in the Broadcasting Services Amendment of 1999, which attempted to address the presence of pornographic material on the Internet. This article discusses, compares and analyzes the American and Australian systems of content regulation on the Internet and the effect that such legislation has had on content hosts.

Japanese Insider Trading Law At The Advent Of The Digital Age: New Challenges Raised By Internet And Communication Technology, Masanori Hayashi

Hastings Communications and Entertainment Law Journal

Although Japanese courts, specifically the Japanese Supreme Court in February of 1999, have taken recent steps to curtail insider trading in Japan, the spread of the Internet and new forms of communication technologies may make enforcement of insider trading regulations much more complex. Such activities have become increasingly difficult to detect, and for instance, there are many cases in the United States illustrating the possibility of abuse of the new technologies to promote securities crimes on the Internet. This Note explores the impact of new technologies on the insider trading problem in Japan. It presents the historical problems of insider …

State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva

Hastings Communications and Entertainment Law Journal

Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, court reports or administrative compilations. The author reviews the …

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

Hastings Communications and Entertainment Law 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 …

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

Hastings Communications and Entertainment Law 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.

The Mojave Basin Physical Solution: It’S A Good Idea, But Is It Good Law?, Rebecca Sugerman

Hastings Environmental Law Journal

No abstract provided.

U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen

Hastings Journal on Gender and the Law

This article explores dietary supplement regulation and the belief systems and legal rules that shape it. Part I discusses the key provisions of the federal Dietary Supplement Health and Education Act (DSHEA). Part II examines how DSHEA, philosophically, represents a compromise between extreme medical paternalism (the orthodox view that the FDA should dictate consumer access to dietary supplements) and radical patient autonomy (the liberal view that patients should have unlimited consumer access to dietary supplements). Part II frames the debate in terms of regulatory proposal, policy, values, and belief system. Strong controls in regulation (FDA's paternalistic viewpoint) and weak controls …

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

Hastings Communications and Entertainment Law 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

Hastings Communications and Entertainment Law 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.

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

Hastings International and Comparative 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 …

Pledged To Public Service, Rory K. Little

Faculty Scholarship

No abstract provided.

Mission Impossible?: Ethical Community Lawyering, Shauna Marshall

Faculty Scholarship

No abstract provided.

Is Global Governance Safe For Democracy?, Joel R. Paul

Faculty Scholarship

No abstract provided.

Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Foreword, Joan C. Williams, Adrienne D. Davis

Faculty Scholarship

No abstract provided.

Awards In Pope & Talbot, Inc. V. Government Of Canada: Introduction, William S. Dodge

Faculty Scholarship

No abstract provided.

Decanal And Administrative Opportunities In The New Millennium, H.G. Prince

Faculty Scholarship

No abstract provided.

In Memoriam: Gary Bellow, Beatrice A. Moulton, Gerald E. Frug, John D. Hamilton Jr.

Faculty Scholarship

No abstract provided.

Political Corruption As An International Offense, Joel R. Paul

Faculty Scholarship

No abstract provided.

Property, Privacy, And The Human Body, Radhika Rao

Faculty Scholarship

No abstract provided.

The Administrative Relationship Between The District And Bankruptcy Courts, William W. Schwarzer, Neil Mcgaraghan

Faculty Scholarship

No abstract provided.

The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett

Faculty Scholarship

No abstract provided.

The Battle For Hetch Hetchy Goes To Congress, Brian E. Gray

Faculty Scholarship

No abstract provided.

Benign Neglect Reconsidered, Richard L. Marcus

Faculty Scholarship

No abstract provided.