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Articles 1 - 30 of 152
Full-Text Articles in Law
The Problem Of Enforcing Environmental Norms In The Wto And What To Do About It, Sanford E. Gaines
The Problem Of Enforcing Environmental Norms In The Wto And What To Do About It, Sanford E. Gaines
UC Law SF International Law Review
National and international focus and efforts on trade has led to the comparative disadvantage of international environmental policy relative to trade policy in what is known as the trade-environment problematique. The tension between trade and the environment does not exist because trade norms trump environmental norms, but because of the tension between environmental protection and the intensification of economic activity to provide for the world's growing population. This article argues that rather than creating a new international institution to address the trade-environment problematique, international environmental policy should instead be more fully and deeply integrated into economic policy, which can only …
The Limits Of The Polygraph, David L. Faigman, Stephen E. Fienberg, Paul C. Stern
The Limits Of The Polygraph, David L. Faigman, Stephen E. Fienberg, Paul C. Stern
Faculty Scholarship
No abstract provided.
Technology And The Law School Librarian Of The Twenty-First Century, Mary Kay Kane
Technology And The Law School Librarian Of The Twenty-First Century, Mary Kay Kane
Faculty Scholarship
No abstract provided.
Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey
Some Thoughts On The Law And Politics Of Reparations For Slavery, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo
Revisiting Social Group And Nexus In Gender Asylum Claims: A Unifying Rationale For Evolving Jurisprudence, Karen Musalo
Faculty Scholarship
No abstract provided.
Eyewitness Identification: Expert Witnesses Are Not The Only Solution, Roger C. Park
Eyewitness Identification: Expert Witnesses Are Not The Only Solution, Roger C. Park
Faculty Scholarship
No abstract provided.
Do International Trade Institutions Contribute To Economic Growth And Development?, Joel R. Paul
Do International Trade Institutions Contribute To Economic Growth And Development?, Joel R. Paul
Faculty Scholarship
No abstract provided.
Unprincipled Punishment: The U.S. Sentencing Commission's Troubling Silence About The Purposes Of Punishment, Aaron J. Rappaport
Unprincipled Punishment: The U.S. Sentencing Commission's Troubling Silence About The Purposes Of Punishment, Aaron J. Rappaport
Faculty Scholarship
No abstract provided.
From Country-Based To Corporate-Based Campaigns, Naomi Roht-Arriaza
From Country-Based To Corporate-Based Campaigns, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
What Attorneys Think Of Jury Trial Innovations, William W. Schwarzer, J. Donald Cowan Jr., Thomas M. Chrisham
What Attorneys Think Of Jury Trial Innovations, William W. Schwarzer, J. Donald Cowan Jr., Thomas M. Chrisham
Faculty Scholarship
No abstract provided.
Beyond The Glass Ceiling: The Maternal Wall As A Barrier To Gender Equality, Joan C. Williams
Beyond The Glass Ceiling: The Maternal Wall As A Barrier To Gender Equality, Joan C. Williams
Faculty Scholarship
No abstract provided.
Beyond The Maternal Wall: Relief For Family Caregivers Who Are Discriminated Against On The Job, Joan C. Williams, Nancy Segal
Beyond The Maternal Wall: Relief For Family Caregivers Who Are Discriminated Against On The Job, Joan C. Williams, Nancy Segal
Faculty Scholarship
No abstract provided.
Out Of The Crooked Timber Of Humanity: The Conflict Between South Africa's Truth And Reconciliation Commission And International Human Rights Norms Regarding Effective Remedies, Sherrie L. Russell-Brown
Out Of The Crooked Timber Of Humanity: The Conflict Between South Africa's Truth And Reconciliation Commission And International Human Rights Norms Regarding Effective Remedies, Sherrie L. Russell-Brown
UC Law SF International Law Review
Judicial review in the United States is a strong and effective remedy. However, it is a limited remedy because the courts act only when asked and because courts have developed an entire jurisprudence of reasons why they cannot hear cases. For past violations there is no constitutional remedy; and there is no constitutional obligation upon Congress, or upon the States, to provide remedies, or to compensate victims for violations of their rights.
In contrast to the U.S. Constitution, various comprehensive human rights and regional human rights treaties explicitly include, in some form, the right to a remedy for violations of …
Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown
Enforcing Arms Control Agreements By Military Force: Iraq And The 800-Pound Gorilla, Davis Brown
UC Law SF International Law Review
Despite Iraq's complete disdain for international law, the community of States, acting in accordance with international law, had allowed the Ba'ath regime to remain in power. Iraq therefore enjoyed the benefits of the principles of sovereign equality, non-interference with internal affairs, and, for the most part, non-use of force, without shouldering any of the responsibilities that come with the privilege of recognition as a State. This article begins with a presentation of a new approach to jus ad bellum which takes just war theory to the next level, where force is used as a remedy to a grave injury caused …
Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson
Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson
UC Law SF International Law Review
In the space of one generation, through both national and international agreements, nations have established norms and a framework for environmental stewardship of the Earth. One sign of the acceptance and maturation of environmental norms is that nations now worry about how to enforce environmental law and how to achieve compliance. Enforcement of environmental laws is essential to attaining the international objective of sustainable development. To be effective, this enforcement must be routine, reasonably resourced and predictable-an arduous challenge. In order to build a sustainable global community, the nations of the world must renew their commitment to the United Nations, …
Remedying Past Abuses Of Governmental Power - Legal Accountability For The 1968 Events In Poland, Susanne Starecki
Remedying Past Abuses Of Governmental Power - Legal Accountability For The 1968 Events In Poland, Susanne Starecki
UC Law SF International Law Review
Since the 1968 events in Poland, the Polish government has systematically subjected Polish Jews to degrading treatment, denied them their rights to freedom of religion, denied them their right to the enjoyment of property and engaged in numerous acts of discrimination. The issue of justice and reparations for these Polish Jews must be addressed. This note examines the means Polish Jews may explore to remedy Polish governmental abuses. Due to the absence of applicable domestic laws and reparations by Poland, Polish Jews need to utilize international tribunals, particularly the European Court of Human Rights.
The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist
The European Union V. The North Atlantic Treaty Organization: Estonia's Conflicting Interests As A Party To The International Criminal Court, Barbi Appelquist
UC Law SF International Law Review
The United States has requested that states party to the ICC sign agreements-referred to as Article 98 treatiesexempting U.S. citizens from ICC jurisdiction. The EU has opposed Article 98 treaties on the grounds that they threaten the legitimacy of the ICC. This note evaluates the conflicting political pressure exerted on Estonia to either sign or refrain from signing an Article 98 treaty. Part One summarizes the theory of transplantation and how Estonia's relationships with the EU, NATO and the ICC have affected Estonia's international legal obligations and diplomatic options. Part Two analyzes Estonia's relations with the United States, NATO and …
The Byrd Amendment Battle: American Trade Politics At The Wto, Claire Hervey
The Byrd Amendment Battle: American Trade Politics At The Wto, Claire Hervey
UC Law SF International Law Review
The Byrd Amendment has been controversial in both domestic U.S. politics and in international trade law since its enactment. In the international sphere, the controversy surrounds its validity under the WTO, the world's strongest supranational legal regime. In the largest joint dispute resolution action in the history of the WTO, thirty countries challenged the Byrd Amendment as a violation of the ban on governmental subsidies, and won. The U.S. Congress failed to comply with this ruling by its implementation deadline (December 27, 2003) as well as with several other decisions of the WTO, deepening the rift between America and its …
Introduction Symposium Of The Japan Association Of The Law Of Civil Procedure: The Role Of The Judge In The Development Of Civil Litigation, Makoto Ito
UC Law SF International Law Review
This year's symposium focused on the role of the judge in development of civil litigation. The role of the judge is surely central to many aspects of civil procedure; as the authority and latitude of the judge expand, the authority and latitude of the lawyers may diminish. There is significant evolution of the role of the judge in Japan, Germany and the United States, but whether this evolution is proceeding at the same speed, or in the same direction, is a matter for discussion and further study.
Justice For Some - U.S. Efforts Under Article 98 To Escape The Jurisdiction Of The International Criminal Court, Cosmos Eubany
Justice For Some - U.S. Efforts Under Article 98 To Escape The Jurisdiction Of The International Criminal Court, Cosmos Eubany
UC Law SF International Law Review
In April 2002, ten countries ratified the Rome Statute and deposited their instruments with the United Nations. These actions brought the International Criminal Court into force with over sixty ratifications. A month later, the United States declared that it no longer intended to pursue ratification of the treaty and asked to remove its signature from the statute. The United States then launched a campaign to ensure that its nationals would not fall within the jurisdiction of the Court. To ensure that the ICC does not gain jurisdiction over its nationals under any circumstance, the United States is currently seeking "non-surrender" …
Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen
Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen
UC Law SF Communications and Entertainment Journal
Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …
The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista
UC Law SF Communications and Entertainment Journal
In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.
Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman
Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman
UC Law SF Communications and Entertainment Journal
The doctrine of patent exhaustion prevents the patent owner from controlling the further destiny of the patented invention once the owner authorized the first sale or use of the product in the marketplace. In recent years, the United States Court of Appeals for the Federal Circuit advanced a modified rule of exhaustion, which permits the U.S. patent holder to contractually restrict the first purchaser's subsequent re-use or re-sale of the product. The recent Jazz Photo decision is a controversial and unjustified switch from existing U.S. jurisprudence in the field of patent exhaustion and parallel imports. By applying a territorial rule …
How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi
How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi
UC Law SF Communications and Entertainment Journal
The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.
China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan
China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan
UC Law SF Communications and Entertainment Journal
This paper examines and analyzes why the majority of television viewers in China can only have access to domestic television at the beginning of the 21st century, despite direct broadcasting by satellite, which respects no national borders being widely employed in Asia for a decade. By applying national broadcasting rules, this paper argues, the Chinese authorities have successfully given effect to the "prior consent requirement," a concept which was fiercely debated in the international arena and has supposedly long been discarded because of disagreement among nations and technological advances.
Where Involuntary Commitment, Civil Liberties, And The Right To Mental Health Care Collide: An Overview Of California's Mental Illness System, Meredith Karasch
Where Involuntary Commitment, Civil Liberties, And The Right To Mental Health Care Collide: An Overview Of California's Mental Illness System, Meredith Karasch
UC Law Journal
This Note provides an overview of California's mental health care system. It discusses the history of the civil liberty movement as it pertains to mental health care and its impact on the current system. The Note argues that the present system is inadequate because of the obstacles to obtaining treatment and, when it is available, the poor quality of mental health care. This Note also explores the societal consequences of the current system and offers some alternatives.
This Note does not argue for confinement without cause or without safeguards. Rather, in an effort to throw some light on a very …
Intellectual Property Collaboration Stresess In Bankruptcy: Protecting The Rights Of The Nonbankrupty Parties, Jeffrey M. Levinson
Intellectual Property Collaboration Stresess In Bankruptcy: Protecting The Rights Of The Nonbankrupty Parties, Jeffrey M. Levinson
UC Law Journal
One consequence of the technology explosion in the last decade was the dominance of a wide variety of commercial technology collaborations and alliances. As parties to those alliances are discovering in the current recession, the bankruptcy of one party to those transactions can create serious problems for other parties, especially with respect to the relevant intellectual property rights. Trustees in bankruptcy and bankruptcy lawyers are learning how to exploit vulnerabilities in the structure of collaborations to the growing distress of the intellectual property and technology community. This Note addresses some of the legal and practical issues that arise in these …
Practice What You Preach: California's Obligation To Give Full Faith And Credit To The Vermont Civil Union, Christopher D. Sawyer
Practice What You Preach: California's Obligation To Give Full Faith And Credit To The Vermont Civil Union, Christopher D. Sawyer
UC Law Journal
This Note evaluates the inter-jurisdictional effect of the Vermont Civil Union statute. A same-sex couple who enters into a civil union in Vermont currently enjoys all of the Vermont state benefits typically conferred only on married couples. The Federal Defense of Marriage Act ("DOMA") removes the burden on states of having to afford full faith and credit to same-sex marriages. As such, this Note discusses whether the DOMA is applicable to the Vermont Civil Union in addition to same-sex "marriages." Furthermore, this Note discusses whether California, if not obliged federally under the DOMA to recognize the civil union, is nonetheless …
Speaking With Complete Candor: Shareholder Ratification And The Elimination Of The Duty Of Loyalty, J. Robert Brown Jr.
Speaking With Complete Candor: Shareholder Ratification And The Elimination Of The Duty Of Loyalty, J. Robert Brown Jr.
UC Law Journal
Under their fiduciary obligations, directors must act with complete loyalty to the companies they manage. This duty prohibits selfdealing by directors unless the transaction is fair to the corporation. Delaware courts have, however, weakened this standard by providing that self-dealing transactions approved by "disinterested" and informed shareholders are subject to the business judgment rule and can only be challenged for waste, which is virtually impossible to prove. The effect has been to eliminate fairness as a component of the duty of loyalty. This approach is inappropriate because "disinterested" approval does not eliminate interested influence, something not true in the context …
Trustwarp: The Importance Of Legal Rules To Electronic Commerce And Internet Privacy, Peter P. Swire
Trustwarp: The Importance Of Legal Rules To Electronic Commerce And Internet Privacy, Peter P. Swire
UC Law Journal
No abstract provided.