Law Commons^™

Redefining Arbitral Immunity: A Proposed Qualified Immunity Statute For Arbitrators, Mark A. Sponseller

UC Law Journal

The doctrine of quasi-judicial immunity insulates arbitrators from liability for their misconduct. Currently, the only remedy available for arbitrator misconduct is vacatur of the tainted award. This remedy does not, however, compensate the parties for the expenses and delays resulting from the failed arbitration process. Moreover, vacatur does not deter misconduct or provide an incentive for increased professionalism. In California, section 1280.1 of the Code of Civil Procedure codifies quasi-judicial immunity for arbitrators. This statute will expire on January 1, 1996, at which time the legislature will reconsider the need for absolute arbitral immunity.

This Note examines and rebuts the …

Organizational Form, Misappropriation Risk, And The Substantive Consolidation Of Corporate Groups, Christopher W. Frost

UC Law Journal

This Article presents an economic analysis of the doctrine of limited liability in bankruptcies involving multi-tiered corporate groups. It focuses on substantive consolidation, a bankruptcy doctrine the application of which results in the combination of assets and liabilities of related companies for purposes of bankruptcy distributions. Substantive consolidation's effect is to abrogate the normal corporate rule of limited liability within corporate groups.

Professor Frost examines the doctrine under a transaction cost analysis that explores the impact substantive consolidation may have on creditors' and shareholders' allocation of the risk of financial disaster. The premise of the transaction cost model is that …

The Endless Cycle Of Abuse: Why 42 U.S.C. 1983 Is Ineffective In Deterring Police Brutality, Alison L. Patton

UC Law Journal

When a police officer uses excessive force against an individual, that individual can sue for damages or to enjoin an abusive police technique, under 42 U.S.C. § 1983. Years after Congress created this civil rights cause of action, however, attorneys, legislators and citizens are questioning the effectiveness of this statute as a legal tool for deterring misconduct. The numerous drawbacks to bringing and winning section 1983 suits hinder this legal remedy. Furthermore, even those suits that are successfully litigated usually have little or no deterrent effect on the police officer's behavior.

This Note examines why section 1983 suits for police …

Securities Malfeasance In Japan: The Need For An Independent Organization To Monitor Insider Trading, Price Manipulation, And Loss Compensation, Wataru Horiguchi

UC Law SF International Law Review

Illegal and unfair business practices such as insider trading, price manipulation, and loss compensation have plagued the Japanese stock market. Existing Japanese regulations prohibiting insider trading have proven ineffective due to lax enforcement. Laws against price fixing have rarely been enforced because the conditions necessary for the application of these rules are vague and the rules are difficult to apply. Prohibition of loss compensation has been weak because the Ministry of Finance possesses too much discretion and maintains too close a relationship with the securities firms. The author suggests creating an independent committee in Japan much like the SEC in …

Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross

UC Law SF International Law Review

South Africa and Namibia share a similar heritage as ethnically and racially pluralistic societies with a white minority exercising complete political and economic control over a black majority. In 1990, after gaining independence from South Africa, Namibia adopted a progressive, democratic constitution. In South Africa, negotiations are currently underway to end years of white rule and formulate a new constitution extending full political rights to all citizens. This Note examines the salient features of the Namibian Constitution. The Note also discusses the various proposals for a South African Constitution, with particular emphasis on electoral laws and the structure and power …

The Coming Of Europe, Stefan A. Risenfeld

UC Law SF International Law Review

No abstract provided.

The Judicial Protection Of Individual Rights In The European Communities, Constantinos N. Kakouris

UC Law SF International Law Review

No abstract provided.

Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki

UC Law SF International Law Review

No abstract provided.

United Nations Conference On Environment And Development: An Opportunity To Forge A New Unity In The Work Of The World Bank Among Human Rights, The Environment, And Sustainable Development, Brian B. A. Mcallister

UC Law SF International Law Review

No abstract provided.

Of Blimps And Appraisals And Judicial Grace, William T. Hutton

Faculty Scholarship

No abstract provided.

The Latter Stages Of Enforcement Of Equitable Decrees: The Course Of Institutional Reform Cases After Dowell, Rufo, And Freeman, David I. Levine

Faculty Scholarship

No abstract provided.

Faculty Recruitment In Italy: Two Sides Of The Moon, Ugo Mattei

Faculty Scholarship

No abstract provided.

Uncharged Misconduct Evidence In Sex Crime Cases: Reassessing The Rule Of Exclusion, Roger C. Park, David P. Bryden

Faculty Scholarship

No abstract provided.

The Effect Of Economic Integration On Environmental Standards, Joel R. Paul

Faculty Scholarship

No abstract provided.

Guideline Developments In The First Circuit: The Two Faces Of Appellate Review, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Reviewing Departures: The First Circuit's New Rivera Rule, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

In Defense Of "Automatic Disclosure In Discovery", William W. Schwarzer

Faculty Scholarship

No abstract provided.