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35-504: California Civil Code section 3344 is for the publicity rights of living persons, while Civil Code section 3344.1 , known as the Astaire Celebrity Image Protection Act , grants statutory post mortem rights to the estate of a "deceased personality", where: In 1999, the period of protection was extended from fifty years after a person's death to seventy years. Similar laws have been enacted by 12 other states in

70-500: A B.A. from Williams College , Williamstown, Massachusetts, in 1837. While attending Williams College he was one of the original Founders of Delta Upsilon fraternity. After reading law in Albany with Harmanus Bleecker and New York City with his brother David, Stephen was admitted to the bar. He practiced law with David until 1848, when he went to California during the Gold Rush . Field

105-458: A circuit judge of the 9th Federal Circuit Court , ruled against Terry in a convoluted divorce case (and had him sent to jail for contempt of court as well). Seeking revenge, Terry attempted to kill Field in 1889 near Stockton, California , but was instead shot dead by Field's bodyguard, U.S. Marshal David B. Neagle . Legal issues arising from the killing of Terry came before the Supreme Court in

140-662: A result of the Tenth Circuit Act . This gave President Abraham Lincoln an opportunity to nominate a new associate justice , which he did on March 6, 1863. Seeking to effect both a regional and political balance on the Court, Lincoln selected Field, a westerner and Unionist Democrat . Field was confirmed by the United States Senate on March 10, 1863, and took the judicial oath of office on May 20, 1863. Field insisted on breaking John Marshall 's record of 34 years on

175-564: A teacher. His family produced three other children of major prominence in 19th century America: David Dudley Field II the prominent attorney, Cyrus Field , the millionaire investor and creator of the Atlantic Cable , and Rev. Henry Martyn Field , a prominent clergyman and travel writer. He grew up in Stockbridge, Massachusetts , and went to Turkey at thirteen with his sister Emilia and her missionary husband, Rev. Josiah Brewer . He received

210-642: The Slaughter-House Cases and Munn v. Illinois . In the Slaughter-House Cases , Justice Field's dissent focused on the Privileges or Immunities clause, not the Due Process clause (which was important in the dissent of Justice Bradley as well as the dissent of Justice Swayne). In both Munn v. Illinois and Mugler v. Kansas , Justice Field based his dissent on the protection of property interests by

245-607: The California Supreme Court in 1857, serving six years. Field was determined and vengeful when others disagreed with him, and he easily made enemies. An opponent of his wrote that Field's life would be "found to be one series of little-mindedness, meanlinesses, of braggadocio, pusillanimity, and contemptible vanity." While serving on the California Supreme Court, Field had a special coat made with pockets large enough to hold two pistols so that he could fire

280-518: The New York Legislature . California Civil Code The Civil Code of California is a collection of statutes for the State of California . The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California. It was based on a civil code originally prepared by David Dudley Field II in 1865 for the state of New York (but which

315-601: The 1890 habeas corpus case of In re Neagle . The Court ruled the United States Attorney General had authority to appoint U.S. Marshals as bodyguards to Supreme Court justices and Marshal Neagle had acted within the scope of his authority in shooting Terry. Field recused himself from the case. The number of seats on the United States Supreme Court was expanded from nine to ten in March 1863, as

350-644: The California Civil Code for its own legal system. Justice Stephen Field (who was David Field's brother and was largely responsible for introducing his work to California), praised the California Codes (including the Civil Code) as "perfect in their analysis, admirable in their arrangement, and furnishing a complete code of laws", while English jurist Sir Frederick Pollock attacked the Civil Code as "about

385-551: The California Civil Code was actually the third successfully enacted codification of the substance of the common law. The first was the Code of Georgia of 1861 (largely based on the work of Thomas Reade Rootes Cobb independent of Field), which is the ancestor of today's Official Code of Georgia Annotated . Then Dakota Territory beat California to the punch by becoming the first jurisdiction to enact Field's civil code in 1866. David Dudley Field II's audacity in trying to codify all of

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420-707: The Central District of California issued a summary judgment in favor of the Franklin Mint. Franklin Mint countersued Diana's estate's lawyers for "malicious prosecution of trademark"—in January 2011 the law firm settled with a $ 25 million payment to the former owners of the Franklin Mint. Shaw Family Archives Ltd. v. CMG Worldwide, Inc. , 486 F.Supp.2d 309 (S.D.N.Y., 2007) ruled on May 7, 2007 that in regard to Marilyn Monroe, because she died before California's Celebrity Rights Act

455-580: The Chinese immigrants to that state. Serving as an individual jurist in district court, he notably struck down the so-called ' Pigtail Ordinance ' in 1879, which was regarded as discriminating against Chinese, making him unpopular with the Californian public. In his 1884 district court ruling, In re Look Tin Sing , he declared that children born in U.S. jurisdictions are U.S. citizens regardless of ancestry. However, as

490-542: The Civil Code (at the suggestion of the California Law Revision Commission ) and re-enacted in the form of a new Family Code. The California Family Code went into effect on January 1, 1994. Most statutes that deal with civil procedure are codified in a separate code, the California Code of Civil Procedure . Stephen Johnson Field Stephen Johnson Field (November 4, 1816 – April 9, 1899)

525-520: The Court until his record was surpassed by William O. Douglas , who served from 1939 to 1975. He died in Washington, D.C., on April 9, 1899, and was buried there in the Rock Creek Cemetery . Field wrote 544 opinions, more than any other justice save for Justice Samuel Miller , John P. Stevens , and Clarence Thomas (by comparison, Chief Justice Marshall wrote 508 opinions in his 34 years on

560-515: The Due Process clause. One of Field's most notable opinions was his majority opinion in Pennoyer v. Neff , which set the standard on personal jurisdiction for the next 100 years. His views on due process were eventually adopted by the court's majority after he left the Supreme Court. In other cases he helped end the income tax ( Pollock v. Farmers' Loan and Trust Company ), limited antitrust law ( United States v. E.C. Knight Company ), and limited

595-632: The Gold Rush city could not afford a jail, and it cost too much to transport prisoners to San Francisco, Field implemented the whipping post, believing that without such a brutal implement many in the rough and tumble city would be hanged for minor crimes. The voters sent him to the California State Assembly in 1850 to represent Yuba County , but he lost a race the next year for the State Senate . His successful legal practice led to his election to

630-452: The Law were developed in the 20th century as a compromise between those who felt the common law was a disorganized mess and those who valued the flexibility and richness of the common law. Only California, North Dakota, South Dakota, and Montana enacted virtually all of Field's civil code, while Idaho partially enacted the contract sections but omitted the tort sections. Later, Guam borrowed much of

665-571: The United States. In 1998, Princess Diana 's estate sued the Franklin Mint for selling products bearing her likeness. The lawsuit filed May 18, 1998 in U.S. District Court in Los Angeles said the Franklin Mint "failed to obtain consent to use Princess Diana's identity and trademark ... and embarked on a campaign to profit from Princess Diana's death." On June 27, 2000, the U.S. District Court for

700-473: The common law of contracts which has no direct equivalent in civil law systems. Similarly, it codifies the mailbox rule that communication of acceptance is effective when dropped in the mail, which is a feature unique to the common law. The Code was first adopted in 1872 by the California State Legislature and was signed into law by then Governor Newton Booth . The Code enacted in 1872

735-471: The court). According to journalist Brian Doherty , "Field was one of the pioneers of the concept (beloved by many libertarian legal thinkers ) of substantive due process – the notion that the due process protected by the Fourteenth Amendment applied not merely to procedures but to the substance of laws as well." Field's vocal advocacy of substantive due process was illustrated in his dissents to

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770-483: The court, even when he was no longer able to handle the workload. His colleagues asked him to resign due to his being intermittently senile , but he refused, at one point John Marshall Harlan urged Field to retire, reminding Field that he had been part of a committee to urge Justice Robert Grier to retire. Finding Field dozing in the robing room, Harlan later related what happened next: “The old man listened, gradually became alert, and finally, with his eyes blazing with

805-526: The fire of youth, he burst out, ‘Yes, and a dirtier day’s work I never did in my life.'” In March 1896, he wrote what would be his final opinion on behalf of the Court, but remained on the bench for another twenty months, finally retiring on December 1, 1897. Field would become the last veteran of both the Taney Court and the Chase Court to remain on the bench. He would remain the longest serving member of

840-457: The general principles of the common law (including the law of property, domestic relations, contracts, and torts) into general statutory law in the form of a civil code was extremely controversial in the American legal community, both in his time and ever since. Most U.S. states (as well as most other common law jurisdictions) declined to pursue such an aggressive codification. The Restatements of

875-501: The general to the specific". However, as completed in 1865, the substance of the Field civil code was "overwhelmingly, if not exclusively, that of the common and statutory law of New York in the 1860s". In that aspect, it was "by no means revolutionary but rather conservative". For example, as enacted in California, the Civil Code contains a definition of consideration , a principle in

910-466: The legislature adopted the board's proposed amendments to the Code. The Civil Code is divided – like its civil law analogues – into four divisions: "the first relating to persons"; "the second to property"; "the third to obligations"; "the fourth contains general provisions relating to the three preceding divisions." Division One contains laws which govern personal rights while Division Two contains laws which govern property rights. Division Three codifies

945-628: The power of the Interstate Commerce Commission . He also joined the majority in Plessy v. Ferguson that upheld racial segregation . Field dissented in the landmark case Strauder v. West Virginia , where the majority opinion held that the exclusion of African-Americans from juries violated the Fourteenth Amendment's Equal Protection Clause . Early in his career, Field wrote opinions against California's laws discriminating against

980-478: The substantive contract law of the State of California as well as various regulations relating to agency, mortgages, unsecured loans, extensions of credit, and other areas of California law. Division Four defines remedies available in lawsuits, what constitutes a nuisance, various maxims of jurisprudence, and other miscellaneous provisions which relate "to the three preceding divisions." Although revolutionary for its time,

1015-481: The weapons inside the pockets. In 1858 he was challenged to a duel by a fellow Judge (William T. Barbour) but at the dueling ground, neither man fired his gun. In 1859 Field replaced the former chief justice of the California Supreme Court, David S. Terry , because Judge Terry killed a United States Senator from California ( David Colbreth Broderick ) in a duel and left the state. Field and Terry's paths crossed again 30 years later when Field, acting in his capacity as

1050-536: The worst piece of codification ever produced" and called it "the New York abortion" (since it was never enacted in that state). Over the years, the Civil Code has been repeatedly amended by legislation and initiative measures. A very significant change to the Civil Code occurred in June 1992 when nearly all of the Civil Code's provisions relating to marriage , community property , and other family law matters were removed from

1085-460: Was an American jurist . He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this appointment, he was the fifth Chief Justice of California . Born in Haddam, Connecticut , he was the sixth of the nine children of David Dudley Field I , a Congregationalist minister, and his wife Submit Dickinson,

California Celebrities Rights Act - Misplaced Pages Continue

1120-462: Was an uncle of future Associate Justice David Josiah Brewer . Other notable relatives include Paul Stephen Field and legal scholar Anne Field. In California, Field's legal practice boomed and he was elected alcalde , a form of mayor and justice of the peace under the old Mexican rule of law, of Marysville (curiously, he was elected Alcalde just three days after his arrival in Marysville). Because

1155-400: Was essentially the Field civil code of 1865, "with some changes to adapt it to previous California legislation". It was soon discovered that many more provisions of the new Civil Code conflicted with existing California statutes and case law. In 1873, Stephen J. Field , Jackson Temple , and John W. Dwinelle were appointed to a Board of Code Examiners to investigate such issues. In 1874,

1190-621: Was never enacted in that state). It is one of the 29 California Codes and was among the first four enacted in 1872. The Field civil code was "thoroughly civilian in its approach and arrangement". Like the French Civil Code of 1804 and the Louisiana Civil Code of 1825, it featured the "standard tripartite Gaius system". The code also followed the civilian tradition of systematically classifying subject matter into "categories of decreasing generality, constantly proceeding from

1225-628: Was passed in 1985, and the state of New York does not recognize a right of publicity after the artist's death, her name, image, and voice are now in the public domain in the states of California and New York. By implication, they would also be in the public domain in any state that, at the time of Monroe's death in 1962, did not recognize a right of publicity that survived the artist's death. In response to that court ruling, California passed legislation that created descendible rights of publicity that last 70 years after death, retroactively for any person deceased after January 1, 1938. A similar law has failed in

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