Law Commons^™

Preservationists Vs. Recreationists In Our National Parks, Nathan L. Scheg

UC Law Environmental Journal

No abstract provided.

Autumn, Emily Dickinson

UC Law Environmental Journal

No abstract provided.

Environmental Rationality And Judicial Review: When Benefits Justify Costs Under The Safe Drinking Water Act Amendments Of 1996, David W. Schnare

UC Law Environmental Journal

No abstract provided.

Environmental Takings And The California Public Utilities Commission--The Covalt Decision, Paul Lacourciere

UC Law Environmental Journal

No abstract provided.

Interpreting The Communications Assistance For Law Enforcement Act Of 1994: The Justice Department Versus The Telecommunications Industry & (And) Privacy Rights Advocates, Hildegarde A. Senseney

UC Law SF Communications and Entertainment Journal

This Note examines what began as a very common-sense idea: law enforcement's surveillance capabilities needed to be protected in the face of new, high technology communications devices that were making law enforcement's task much more difficult, if not impossible. This was the primary motivation behind the passage of the Communications Assistance for Law Enforcement Act of 1994.

As the compliance date fot the Act draws nearer, many issues are still open to fierce debate between the Federal Bureau Of Investigation, the telecommunications industry and privacy rights advocates. The telecommunications industry claims that the FBI is demanding capacity and technological standards …

Regulating Cyberspace: Metaphor, Rhetoric, Reality, And The Framing Of Legal Options, Clay Calvert

UC Law SF Communications and Entertainment Journal

This Article argues that the "information superhighway" metaphor is a strategically chosen rhetorical device used to frame debate about Internet and telecommunications regulation, to implicitly suggest the particular legal choices are more viable-and valid-than others, and to guide the future of law in cyberspace. In particular, the metaphor embraces a commerce-based, marketplace model of regulation that emphasizes speed and quantity of information as a product or good rather than the content or quality of communication and its ability to sustain extant communities and cultures. Along the way, the Article traces the development of the "information superhighway" metaphor and explores some …

Coscarart V. Major League Baseball: No Field Of Dreams, Ronald P. Wargo

UC Law SF Communications and Entertainment Journal

This note explores a less glamorous aspect of baseball's "golden" past: the sport's forgotten and financially neglected players. Due to the structure of Major League Baseball's retirement compensation system, a certain group of former players--some of whom were stars in their day--were entitled to no retirement benefits at all from the sports which they helped make great. Focusing on an action brought by one of these former players against Major League Baseball (MLB), the note explores both the statutory and common law right of publicity claims that these ex-players may have against MLB for the uncompensated exploitation of the players' …

Down In Front: Entertainment Facilities And Disabled Access Under The Americans With Disabilities Act, Katherine C. Carlson

UC Law SF Communications and Entertainment Journal

This note deals with the problem of compliance with the Americans with Disabilities Act (ADA) in sports and entertainment venues. The beginning of the note briefly describes the scope of the ADA and the meaning of the provisions which are relevant to the problem of public entertainment facilities. It also discusses the remedies that the ADA offers in such accommodation situations. After this overview of the ADA's theoretical application, the note then looks at the ADA in actual practice and whether it has actually caused sports and entertainment facilities to adequately accommodate disabled patrons. An examination of some prominent cases …

A Proposal To Shore Up The Foundations Of Patent Law That The Underwater Line Eroded, A, Edwin H. Taylor, Glenn E. Von Tersch

UC Law SF Communications and Entertainment Journal

This article examines the trend of modern patent jurisprudence in the United States, focusing on the development of the law since the landmark Federal Circuit decision of Underwater Devices Inc. v. Morrison Knudsen Co. Inc. in 1983. Specifically, the authors contend that Underwater and its progeny have skewed the proper interpretation and use of the rule against willful infringement, causing litigants to overuse (or even abuse) the willful infringement doctrine and, more importantly, inhibiting one of the twin goals of the patent laws, disclosure of useful inventions. To address this negative trend, the authors propose a change in the standard …

A Brief Return To The Digital Sampling Debate, Matthew G. Passmore

UC Law SF Communications and Entertainment Journal

This note revisits the problem of digital sampling by musicians and the copyright law issues that arise from it. After briefly surveying the historical and technical aspects of digital sampling, the note asks the question: "are transformative digital samples art?" and answers in the affirmative. The note then looks at the goals and doctrine of copyright law, and how they are implicated by the digital sampling problem. Finally, the note advocates an expanded interpretation of the fair use copyright defense in digital sampling cases, arguing that such an expansion would both effectuate the goal of copyright enforcement and recognize the …

Bowie Bonds: A Key To Unlocking, The Wealth Of Intellectual Property, Nicole Chu

UC Law SF Communications and Entertainment Journal

Before David Bowie broke a new frontier in financing by selling $55 million in bonds backed by future music royalty payments and copyrights, music royalties and copyrights had never previously been securitized due to the uncertainty in predicting future cash flows. The concept of intellectual property securitization resolves the dilemma of inexpensively raising a large amount of money, while still retaining ownership in the underlying intellectual property. Asset securitization of intellectual property touches upon copyright, bankruptcy, tax, and securities law, as well as being impacted by the Uniform Commercial Code. This Note provides a brief overview of the securitization structure, …

Copyright, Culture & (And) Black Music: A Legacy Of Unequal Protection, K. J. Greene

UC Law SF Communications and Entertainment Journal

This article explores how African-American music artists, as a group, were routinely deprived of legal protection for creative works under the copyright regime. The issue of copyright deprivation and Black artists is highly significant, given the enormous cultural contribution of Black music to American society, the importance of the music to Black culture, and the tremendous economic benefits at stake. As new issues develop in copyright law, it will be important to people of color, and to an egalitarian society as a whole, that the new copyright regime not duplicate the inequalities of the old. An underlying assumption of race-neutrality …

Monday Morning Quarterback: Maryland V. Wilson Revisited: For The Petitioner, J. Joseph Curran Jr., Kathryn Grill Graeff

University of Baltimore Law Forum

No abstract provided.

Maryland Rule 5-704(B): Where To Draw The Line For Ultimate Issue Testimony, Lisa Cuozzo

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Shapiro V. Shapiro: Marital Settlement Agreements Containing Preconditions For Modification May Not Be Judicially Modified Absent Those Circumstances, Amy B. Tate

University of Baltimore Law Forum

No abstract provided.

Forum Faces: The Honorable Robert M. Bell

University of Baltimore Law Forum

No abstract provided.

University Of Baltimore Law Forum Volume 28 Number 2 (Summer 1998) Front Matter

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Briggs V. State: Conviction For Unauthorized Access To Computers Cannot Stand Where Defendant Misused Employer's Computers, But Was Authorized To Use Them In Connection With Employment Duties, William H. Jones

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Hudson V. United States: Imposition Of Civil And Criminal Penalties Not An Automatic Violation Of The Double Jeopardy Clause, Amy B. Tate

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Hyle V. Motor Vehicle Admin.: Motor Vehicle Administration May Not Suspend The License Of A Motorist Who Refuses A Blood Alcohol Test When No Qualified Person Is Available To Administer Breath Test To Which A Motorist Previously Consented, Marianna Bravo

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Kostelec V. State: Present Tense Language Of Search Warrant Statute Does Not Permit Issuance Of Anticipatory Search Warrant Based On Future Evidence Of A Criminal Act, John Magee

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Post V. Bregman: Rule Of Professional Conduct Regarding The Splitting Of Attorney's Fees May Extend Beyond Disciplinary Proceedings, Gwendolyn S. Lubbert

University of Baltimore Law Forum

No abstract provided.

The Use Of Juror Testimony To Impeach A Jury Verdict: The Maryland Problem And The Federal Solution, Sean Patrick Casey

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Noble V. Bruce: Testator's Beneficiaries May Not Maintain A Legal Malpractice Action Against Testator's Attorney Where No Privity Exists Between The Beneficiaries And The Attorney, Alexandra C. Clark

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Philip Morris, Inc. V. Glendening: The Attorney General May Enter Into Contingency Fee Contracts With Private Law Firms To Secure Representation For The State, Kimberly C. Pace

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Sears, Roebuck & Co. V. Gussin: Creditor Does Not Have Right To Financial Records And Data In The Possession Of Accountant, Where Client Does Not Provide A Valid Waiver To The Accountant-Client Privilege, Steven E. Shane

University of Baltimore Law Forum

No abstract provided.

Recent Developments: State V. Wiegmann: Domestic Relations Master Has No Authority To Order An Arrest Of An Individual Found To Be In Contempt, Richard Dirk Selland

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Maryland's Chapter 163 Effects A Compromise Between Health Benefit Carriers' Rights To Deny Benefits And Claimants' Rights To Settle Their Claims, Anne Bodnar

University of Baltimore Law Forum

No abstract provided.

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Articles

No abstract provided.