Law Commons^™

Annual Report Of The Colorado River Board Of California, 1982, Colorado River Board Of California

California Agencies

No abstract provided.

Equal Access To Justice Act, Sidney B. Jacoby

Antioch Law Journal

The new statute entitled the Equal Access to Justice Act 1 (hereinafter Act) is of great importance because it provides, on a three year experimental basis, for the award of possibly large attorneys' fees and other expenses to private parties of modest means in successful civil actions against the government, its agencies or officials. The Act, however, is specifically not applicable in tort actions. 2 The new Act entitles certain private parties prevailing in government litigation to recover attorneys' fees, expert witness fees, and other expenses against the United States, unless the government action was "substantially justified" or "special circumstances …

California Worksite Education And Training Act: An Economic Strategy That Works, California Worksite Education And Training Act

California Agencies

This report describes the progress of the California Worksite Education and Training Act in putting people to work. Since the CWETA legislation was enacted in 1979, training has been authorized for more than 12,000 people who will go to work in jobs in electronics, computers, nursing, the machine trades, energy conservation and other fields.

Buyout: A Guide For Workers Facing Plant Closings, Office Of Economic Policy, Planning And Research

California Agencies

This booklet describes employee ownership as a response to plant closings and ·outlines issues of concern to unions. It can be used to help identify the feasibility of avoiding plant closures and preserving long-term jobs.

Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part 2, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part 3, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Legal Issues In Afformative Action - The University Of California, California State University And Colleges, And Community College Systems - Part I, Assembly Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

This complete document totals 1264 pages. The document has been divided into three parts for easier download.

Part 1 - pp. Title-416
Part 2 - pp. 417-853
Part 3 - pp.854-1258

Surrogate Patenting Contracts, Assembly Committee On Judiciary

California Assembly

The main purpose of today's hearing is to establish a record as it relates to this most significant and controversial issue. We intend to take a closer look at arrangements in which a woman agrees to bear a child for a who is physically incapable of having their own children. I am sure that you have heard about this extremely controversial arrangement and AB 3771, the bill to legitimize surrogate parent contracts. We hope the testimony at this hearing will he us to examine the legal, social, and ethical implications of these contracts.

Interim Hearing On Sr 52: State Telephone Communications Equipment And Services, Senate Committee On Governmental Organization

California Senate

No abstract provided.

Legal Issues In Affirmative Action - Problems Affecting Women, Assembly Select Committee On Fair Employment Practices, Assembly Committee On Judiciary

California Assembly

Today, the Assembly Select Committee on Fair Employment Practices, and the Assembly Judiciary Committee are holding a joint interim hearing on legal issues on affirmative action problems affecting women. Our purpose today, is to examine some of the problems confronted by women in employment. We will examine the areas of recruitment, hiring, mobility, the grievance procedures, and the emerging issue of collective bargaining. The committees are also very interested in examining the issue of ethnic women, and the progress they have made in equalizing their representation in the labor force.

Analysis Of Legislation Enacting Conformity To Selected Items Of The Federal Economic Recovery Tax Act Of 1981, Assembly Revenue And Taxation Committee

California Assembly

AB 2595 (Deddeh), Chapter 1558 of 1982
AB 2516 (Sher), Chapter 1525 of 1982
AB 3194 (lmbrecht), Chapter 1559 of 1982
SB 1326 (Alquist), Chapter 327 of 1982
SB 11 (Maddy), Chapter 1604 of 1982

Eis Supplements For Improperly Completed Projects: A Logical Extension Of Judicial Review Under Nepa, Michigan Law Review

Michigan Law Review

This Note argues that the private cause of action under NEPA retains its utility despite the completion of the project sued upon. Part I describes the procedural implementation of the policy concerns underlying NEPA through the EIS process for proposed actions, and the EIS supplementation process for project changes made after the original EIS has been prepared. Part II examines current law applicable to projects completed in violation of NEPA and concludes that the denial of post-completion relief conflicts with the underlying goals of NEPA. Part III analyzes extension of relief to completed projects, and proposes court-ordered EIS supplementation for …

In The Matter Of: Adulteration Of Over-The_Counter Drugs: The Tylenol Poisonings, Senate Committee On Health And Welfare, Assembly Committee On Health

California Joint Committees

No abstract provided.

Hearing On Groundwater Contamination, Assembly Committee On Consumer Protection And Toxic Materials

California Assembly

Our hearing this morning is concerned with the health and environmental effects of groundwater contamination and strategies for the monitoring and cleanup of contaminated wells. Because the contamination of drinking water by organic chemicals is widely evident, this committee has a responsibility to examine these effects and insure they do not impose a risk to the public health and environment. This hearing will examine the development of groundwater contamination in the San Gabriel Valley and the associated health risks of exposure to organic chemical contaminants such as tricholoroethylene (TCE) and tetrachloroethylene (PCE). There has been a general concern that these …

The Legislative Branch And The Supreme Court, James Willard Hurst

University of Arkansas at Little Rock Law Review

No abstract provided.

Affirmative Duty And Constitutional Tort, Michael Wells, Thomas A. Eaton

University of Michigan Journal of Law Reform

This Article argues that the Bowers principle is wrong. It examines the issues of doctrine and policy that bear on the affirmative duty question in constitutional tort and contends that affirmative duties may be imposed even though constitutional rights are generally negative in character, as a matter of federal constitutional common law. It ·develops a foundation in doctrine and policy, so far lacking in the opinions, to support these duties and to place proper limits upon them.

Part I identifies issues of tort policy that arise in affirmative duty cases, while Part II addresses the distinctive problems that come up …

Evaluating Michigan's Guilty But Mentally Ill Verdict: An Empirical Study, Gare A. Smith, James A. Hall

University of Michigan Journal of Law Reform

Because Michigan's GBMI statute has been in effect for several years, enough data exists to assess the statute's use and practical effect. The purpose of this Project is to evaluate the statute and thus provide guidance for those legislatures considering similar proposals. This Project concludes that the new verdict has completely failed in its intended purpose. Part I describes the statute's history, legislative purpose, and procedural mechanics. Part II analyzes the displacing effect of the GBMI verdict on other verdicts, and sets forth empirical data on the disparate characteristics of defendants who raise the insanity defense and are subsequently found …

A Proposed Analysis For Gender-Based Practices And State Public Accommodations Laws, Alan J. Hoff

University of Michigan Journal of Law Reform

This Note argues that the proper test of gender-preferential practices in public accommodations proceeds from the principle of "equal treatment:'' separate standards are tolerable only where reasonable and applied evenhandedly. Part I sets out a typical public accommodations statute and criticizes the principle tests used to evaluate this type of legislation. Part II applies traditional methods of statutory construction which trigger an equal treatment analysis. Extrapolating from this analysis, Part III advocates a two-part test for examining gender-based practices in public accommodations.

The Constitutionality Of The Special Prosecutor Law, Donald J. Simon

University of Michigan Journal of Law Reform

This Article explores the constitutional questions posed by the special prosecutor law and concludes that the law is constitutional. Part I examines the political setting that gave rise to the special prosecutor provisions and discusses the intent of the drafters. Part II explains the precise manner in which the provisions operate and surveys the recent experience under the law. Finally, part III evaluates the constitutional objections raised by critics of the legislation.

Indiana's Guilty But Mentally Ill Statute: Blueprint To Beguile The Jury, Scott A. Kinsey

Indiana Law Journal

No abstract provided.

Impact Of Office Of Administrative Law On California Taxing Agencies, Assembly Revenue And Taxation Committee

California Assembly

In 1979, AB 1111 (McCarthy, Chapter 567) was enacted to establish an Office of Administrative Law charged with promoting regulatory reform on the part of California's state agencies. The end of the second year of existence of the Office of Administrative Law (OAL) signals an appropriate time for the Assembly Revenue and Taxation Committee to review the impact of OAL and its regulatory reform activities on California's two major tax agencies and the taxpayers they serve. This briefing booklet reproduces OAL's 1981-82 Annual Report, and includes short analyses by the staff of the Board of Equalization and the Franchise Tax …

The Economic Impact Of Continuing California's Energy Efficiency Standards For Household Appliances, Joint Committee On The State's Economy, Senate Committee On Energy And Public Utilities

California Joint Committees

No abstract provided.

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

All Faculty Scholarship

Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.

The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.

To …

Hearing On Review Of The Peninsula Commute Service, Joint Committee On Mass Transit

California Joint Committees

No abstract provided.

Blue Cross Plans Merger, Assembly Committee On Finance And Insurance

California Assembly

AB 2465 - McAlister.

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …

Tax Treatment Of Previously Expensed Assets In Corporate Liquidations, Michigan Law Review

Michigan Law Review

This Note argues that although the Tennessee-Carolina majority adopts overbroad language and ignores established tax principles, a more careful refinement of its theory will yield the same proper result, without, in most situations, departing from accepted principles. The proper inquiry must focus first on whether the corporation has received any benefit, and then on whether that gain should be exempted by the nonrecognition provisions of section 336, or on any other basis. Part I of this Note examines these questions from a theoretical perspective, and concludes that expensed assets remaining at the time of liquidation give rise to corporate income, …

Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review

Michigan Law Review

Most courts that have considered the issue have concluded that the Jencks Act does not require the government to retain and produce rough interview notes. This Note examines the language and purpose of the Act to determine whether interview notes should be considered Jencks Act statements. Part I examines the policy underlying the Jencks Act and argues that the majority position sanctioning pre-trial destruction of interview notes conflicts with these statutory purposes. Part II discusses the statutory language and argues that the status of the witness as a government agent or a private individual determines the applicable section of the …

California's Water Future, Assembly Committee On Water, Parks And Wildlife

California Assembly

No abstract provided.