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Articles 31 - 60 of 1159
Full-Text Articles in Law
Criminal Law And Procedure, Rex A. Collings Jr.
Criminal Law And Procedure, Rex A. Collings Jr.
Cal Law Trends and Developments
No abstract provided.
Contracts, Robert G. Meiners
Labor Relations, Joseph R. Grodin
Labor Relations, Joseph R. Grodin
Cal Law Trends and Developments
No abstract provided.
State And Local Taxes, James E. Sabine, Ernest P. Goodman
State And Local Taxes, James E. Sabine, Ernest P. Goodman
Cal Law Trends and Developments
The year 1968 may have been more significant for constitutional changes that did not occur than for those that did. Proposition 9, the so-called "Watson Amendment," would have imposed severe limitations on the property tax as a source of revenue. According to its opponents, this measure, which was defeated, would have resulted in a drastic restriction on the borrowing power of the state and its political subdivisions, and would have required an extensive shift to other taxes if the present level of expenditure were to be maintained. But Proposition I-A, affording a moderate amount of property tax relief was adopted …
Insurance, Robert A. Seligson
Insurance, Robert A. Seligson
Cal Law Trends and Developments
Possibly the most important decision in the insurance field in 1968 involved not the rights and obligations of an insurance carrier per se but rather those of an attorney selected by the carrier to protect and defend its insured. In Lysick v. Walcom, the appellate court held that an attorney who is employed by an insurance company to defend an action arising out of an accident involving an insured represents both the insured and the insurer and owes to both a high duty of care imposed both by statute and the rules governing professional conduct.
Trusts And Estates, Joseph S. Brock
Trusts And Estates, Joseph S. Brock
Cal Law Trends and Developments
During the period covered by this review little in the way of trends or departures differing from established positions seems to have appeared; there is much repetition and emphasis of "black-letter law." There are, however, in several cases unusual factual patterns which are of interest. The results of these cases, interesting and of course contributing to the normal growth of case law, seem to flow naturally and quite easily from principles long-established and accepted, not departing from what could be expected. There were several statutory changes, prominent among which were the Revised Uniform Principal and Income Act, effective July 1, …
Real Property, Herbert I. Lazerow
Real Property, Herbert I. Lazerow
Cal Law Trends and Developments
During the year, the California courts made the acquisition of property, either by adverse possession or possession as a result of the owner's abandonment, more difficult. While the courts did not change the rules of law they insisted on their pristine application. This demonstrates an understandable tendency, in an urbanizing society, toward restricting the transfer of title by possession alone to non-owners.
Torts, Frederick J. Moreau
Community Property And Family Law, Arthur M. Sammis
Community Property And Family Law, Arthur M. Sammis
Cal Law Trends and Developments
Probably the most important development in the field of community property law during the past year was the legislation affecting causes of action and damages for injury to the person. Several cases dealing with integrated property settlements are of importance in clarifying problems relating to support provisions, modification, and enforcement. Developments in the case and statutory law dealing with the parent and child relation have emphasized the continuing trend toward liberality in the legitimation of children. Three major areas in this field have received attention and are worthy of comment. The conclusive presumption of legitimacy set forth in Evidence Code …
Administrative Law, Wiley W. Manuel
Administrative Law, Wiley W. Manuel
Cal Law Trends and Developments
In the period from October 1967 to October 1968, the field of administrative law has continued to receive attention by the appellate courts. In the area of case law the emphasis in the past year has centered on proceedings held by the Department of Motor Vehicles arising out of the so-called implied consent law. These cases have resulted in refinements in the statement of certain constitutional principles, the recognition of newer methods to promote traffic safety, and more definitive applications of administrative law concepts. In the field of legislation, although many statutes were passed affecting administrative agencies, most of the …
Constitutional Law, James E. Leahy
Constitutional Law, James E. Leahy
Cal Law Trends and Developments
This was an eventful year in the field of constitutional law. The court upheld the right of individuals to distribute antiwar literature within a railway station, struck down an injunction prohibiting county employees from peaceful picketing, upheld an ordinance punishing conduct which urges a riot or which urges others to commit acts of force or violence, and held the California loyalty oath unconstitutional.
Legal Profession, William J. Riegger
Legal Profession, William J. Riegger
Cal Law Trends and Developments
No abstract provided.
Civil Procedure, Jack H. Friedenthal
Civil Procedure, Jack H. Friedenthal
Cal Law Trends and Developments
In 1965 the legislature amended Code of Civil Procedure section 657, which concerns the procedure for granting a new trial. In Mercer v. Perez and Treber v. Superior Court the supreme court interpreted the new provisions and attempted to clarify them. Subsequently, a number of related cases were decided in the courts of appeal. Together these cases involve important changes in the practice regarding new trials.
State And Local Government, Daryl J. Mckinstry
State And Local Government, Daryl J. Mckinstry
Cal Law Trends and Developments
No abstract provided.
Business Associations, J. Lani Bader
Business Associations, J. Lani Bader
Cal Law Trends and Developments
The new Corporate Securities Act, which became effective January 2, 1969, represents a sweeping change in the total fabric of administrative securities regulation. Indeed, no legislative act during the last decade has been of more importance to the lawyer representing business interests.
Also of considerable importance is the 1968 adoption of the Professional Corporation Act, which marks the entry of the corporation in California into a hitherto closed area. Since this enactment is referred to in another article in this volume, the comments here will be restricted to a discussion of the new Corporate Securities Act and of the changes …
Conflict Of Laws, John A. Gorfinkel
Conflict Of Laws, John A. Gorfinkel
Cal Law Trends and Developments
No abstract provided.
Workmen's Compensation, Jack E. Goshkin
Workmen's Compensation, Jack E. Goshkin
Cal Law Trends and Developments
The most significant trend and development in workmen's compensation law in the past year has been the activity of the appellate courts in annulling and reversing the decisions of the Workmen's Compensation Appeals Board. With the Labor Code's severe limitations on the scope of judicial review of WCAB decisions, particularly on the right of the courts to review factual determinations, and with most of the WCAB cases containing factual rather than legal questions, the majority of petitions for writ of review have been and still are being denied.
Another major trend of the past year has been the dramatic reduction …
Remedies, Kenneth H. York
Remedies, Kenneth H. York
Cal Law Trends and Developments
It is a curious circumstance that, although the sole purpose of a lawsuit is to obtain redress of some sort, the remedial aspects of cases are usually shunted to the back of the litigational bus from which they emerge belatedly, casually, and somewhat rumpled. Anyone searching for illuminating bits of remedial lore in California (or any other) advance sheets must be prepared to rummage about among tag-end paragraphs of literally hundreds of civil cases from which such interest as may originally have existed in parties, facts, controversy, strategy, or even style has long since been drained away.
However, remedial considerations …
Evidence, Joseph B. Harvey
Evidence, Joseph B. Harvey
Cal Law Trends and Developments
On January 1, 1967, the California Evidence Code began to govern trials held in California courts. Because of the delays necessarily incident to litigation, the appellate courts were not called upon to review trials held under the new rules in significant numbers until 1968. With the 1968 decisions, however, the impact of the Code upon California practice has become fairly apparent. At the same time, the courts have continued to develop rules of evidence designed to implement the various procedural guarantees found in the Constitution of the United States, and some of these court-developed rules have had significant effect, particularly …
Foreward, John A. Gorfinkel
Dedication, Mathew O. Tobriner
State And Local Taxes, James E. Sabine, Ernest P. Goodman
State And Local Taxes, James E. Sabine, Ernest P. Goodman
Cal Law Trends and Developments
The period covered by this survey saw a general increase in state taxes. Some new rules for the apportionment and allocation of income for purposes of the Bank and Corporation Tax Law became applicable as the Uniform Division of Income for Tax Purposes Act went into operation. The property tax field was, however, the most productive of case, constitutional and statutory developments.
This article does not purport to mention all the changes in the constitution and statutes or all cases decided during the period covered by the survey. Rather, it is an attempt on a selective basis to call attention …
State And Local Government, Daryl J. Mckinstry
State And Local Government, Daryl J. Mckinstry
Cal Law Trends and Developments
During the year October 1, 1966 to October 1, 1967, approximately 100 cases concerning various phases of state and local government were decided by the appellate courts in California. Some of the cases concerned themselves with other fields of law as well, but only those aspects of the cases that directly relate to government are discussed here. For the purpose of providing easy reference, the cases decided for the period have been arranged under six major headings, in outline form, according to the field covered.
Criminal Law And Procedure, Rex A. Collings Jr.
Criminal Law And Procedure, Rex A. Collings Jr.
Cal Law Trends and Developments
Probably the single most important development of the year came from the Joint Committee for the Revision of the Penal Code. That committee published its Tentative Draft No.1. The draft deals with general principles of liability, defenses, kidnapping and related crimes, sex crimes and arson. Other drafts are expected in the near future. It is hoped that the ultimate result will be a modernization of the Penal Code of 1872, which is badly in need of clarification and revision. Since 1872, there has never been a continuing and coordinated effort to develop a coherent and comprehensive code.
Another important development …
Legal Profession, William J. Riegger
Legal Profession, William J. Riegger
Cal Law Trends and Developments
During 1967, the California courts made decisions dealing with admission to the bar, discipline, the statute of limitations in legal malpractice, and just compensation. The legislature also affected the legal profession by expanding the power of local government to employ private counsel, by changing the rules governing admission of out-of-state attorneys to the bar, and by changing certain fee provisions.
The California Supreme Court decided several important bar admission cases. In Hallinan v. Committee of Bar Examiners and March v. Committee of Bar Examiners, the Committee of Bar Examiners made value judgments and, in effect, by refusing certification, attempted to …
Constitutional Law, James E. Leahy
Constitutional Law, James E. Leahy
Cal Law Trends and Developments
Restrictions on the political activities of public employees and the application of the statutory ban on obscenity were some of the First Amendment problems presented to the California appellate courts this past year. Due process also received some attention. The courts were faced with such diverse questions as the regulation of insurance companies doing business in California exclusively by mail, the right to a hearing when the government takes action against an individual, and the taxation of foreign-based aircraft that fly into, out of, and within California. Reapportionment of an irrigation district, license taxes, and payment for care of a …