Law Commons^™

From Snow-Bound, John Greenleaf Whittier

UC Law Environmental Journal

No abstract provided.

Iso 14001, Audit Privilege And A Word Of Caution--From Remarks At Hastings West-Northwest Symposium, Jerry Speir

UC Law Environmental Journal

No abstract provided.

Environmental Audits: Barriers, Opportunities And A Recommendation, Keith M. Casto, Tiffany Billingsley Potter

UC Law Environmental Journal

No abstract provided.

The Good Neighbor Agreement: Environmental Excellence Without Compromise, Marianne F. Adriatico

UC Law Environmental Journal

No abstract provided.

The Audit Privilege In The Context Of The Ems Audit, Edward Quevedo

UC Law Environmental Journal

No abstract provided.

Ah Sun-Flower, William Blake

UC Law Environmental Journal

No abstract provided.

Nastygram Federalism: A Look At Federal Environmental Self-Audit Policy, David N. Cassuto

UC Law Environmental Journal

No abstract provided.

Haiku, Rose A. Page

UC Law Environmental Journal

No abstract provided.

Limiting The Scope Of The Endangered Species Act--Discretionary Federal Involvement Or Control Under Section 402.03, Derek Weller

UC Law Environmental Journal

No abstract provided.

The Headwaters Agreement: A History, Summary And Critique, Kevin Bundy

UC Law Environmental Journal

No abstract provided.

Weathered Hope, Paul J. Meyer Jr.

UC Law Environmental Journal

No abstract provided.

The Failure Of Watershed Analysis Under The Northwest Forest Plan--A Case Study Of The Gifford Pinchot National Forest, Brent Foster

UC Law Environmental Journal

No abstract provided.

Public Fora, Neutral Governments, And The Prism Of Property, Calvin Massey

UC Law Journal

The validity of speech restrictions on government property effectively depends upon the property's status as a public forum or not. Professor Massey asserts that this preoccupation with the forum status of public property occludes understanding of the real factors that guide the Court's resolution of the validity of such speech restrictions. In its public forum cases the Court is committed to two propositions: (1) speech on government property can interfere with legitimate non-speech uses of the property, and (2) the government's obligation is to remain neutral in public discourse, rather than to promote as much discourse as possible. Building on …

Pigeonholing Illness: Medical Diagnosis As A Legal Construct, Lars Noah

UC Law Journal

Disease definitions and clinical judgments routinely affect coverage and reimbursement decisions by health insurers, the licensing determinations of regulatory agencies charged with reviewing new therapeutic technologies, evidentiary and substantive rulings by the judiciary in personal injury lawsuits and criminal trials, eligibility decisions in disability programs, and the resolution of claims before workers' compensation tribunals. This reliance on the definition and identification of disease by the medical profession fails to appreciate the extent to which our conceptions of illness are socially constructed rather than based on value-neutral scientific data and the application of technical expertise.

Just as social forces shape medical …

Engalla V. Permanente Medical Group, Inc.: Can Arbitration Clauses In Employment Contracts Survive A "Fairness" Analysis?, Russell Evans

UC Law Journal

This Note examines the California Supreme Court's treatment of binding arbitration clauses in Engalla v. Permanente Medical Group, Inc. Rather than limit its review to the traditional arbitration issues of formation and consent, the Engalla Court carefully scrutinized the functions and procedures of a particular arbitration process. By refusing to compel arbitration in this case, the decision implies that minimum levels of procedural fairness will be required for all arbitration systems.

An increase in the judicial scrutiny of arbitration clauses has important implications for the employment context where the use of binding arbitration clauses has become increasingly prevalent. This Note …

Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin

UC Law Journal

No abstract provided.

Strict Liability To The Consumer In California, William L. Prosser

UC Law Journal

No abstract provided.

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

UC Law Journal

No abstract provided.

Our Straight-Laced Judges: Twenty Years Later, Rhonda R. Rivera

UC Law Journal

No abstract provided.

Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera

UC Law Journal

No abstract provided.

The Judicial Politics Of White Collar Crime, J. Kelly Strader

UC Law Journal

White collar crime cases produce a curious paradox in Supreme Court jurisprudence: in a substantial number of the Court's leading white collar criminal cases, ranging from insider trading to political corruption cases, the "liberal" justices have voted to affirm convictions, and the "conservative" justices to reverse them. Even more frequently, these cases have produced strange alliances among the liberals and conservatives, who rarely split into such groupings in non-white collar criminal cases. And it is not merely votes and alliances that change in white collar cases; judicial philosophies, attitudes, and rhetoric transmogrify into a veritable twilight zone of Supreme Court …

Institutional Signals And Implicit Bargains In The Ulp Strike Doctrine: Empirical Evidence Of Law As Equilibrium, Michael H. Leroy

UC Law Journal

Law as Equilibrium hypothesizes that the Supreme Court acts strategically, through signals and implicit bargains with the coordinate branches, to import its substantive values to public policies. In this Article, Professor LeRoy provides strong empirical support for this theory.

Examining 467 National Labor Relations Board decisions over a 60- year period that categorized permanent replacement strikes as "economic" or "unfair labor practice" (ULP) strikes, I find remarkable evidence of decisional constancy. For the 1940s, the Board ruled that a replacement strike was also a ULP strike in 39% of its cases. These rulings essentially negated an employer's right to hire …

"If Property Rights Were Treated Like Human Rights, They Could Never Get Away With This": Blacklisting And Due Process In U.S. Economic Sanctions Programs, Peter L. Fitzgerald

UC Law Journal

Economic sanctions have proliferated in the last half of the twentieth century, and become the "first choice" of policymakers seeking tools to address many complex international issues. A key feature of these various sanctions programs is the use of a blacklist, to bring third party agents, controlled entities, and corporate cloaks operating elsewhere within the ambit of the sanctions aimed at a particular country or destination. These blacklists have now grown to include several thousand individuals and entities. However, despite the growing importance of economic sanctions, and their accompanying blacklists, these programs are still managed by a relatively small office …

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

UC Law Constitutional Quarterly

This article explores tensions between law and psychiatry after the California Supreme Court's affirmation of the Sexually Violent Predator Act ("SVPA")-a statute providing for the involuntary civil commitment of sex offenders at the end of their prison terms. The United States Supreme Court upheld a similar Kansas law in 1997. Following a brief discussion of the SVPA's constitutionality, the article considers three issues in greater detail: (1) the sex offender's right to treatment during civil confinement, (2) potential problems with finding a right to refuse treatment, and (3) the need to reconcile the standard for civil confinement under the SVPA …

Getting A Grip On Payne And Restricting The Influence Of Victim Impact Statements In Capital Sentencing: The Timothy Mcveigh Case And Various State Approaches Compared, Niru Shanker

UC Law Constitutional Quarterly

In the 1980's the Supreme Court barred the use of victim impact evidence at capital sentencing hearings as violative of the Cruel and Unusual Punishment clause. The Court reversed itself in Payne v. Tennessee, holding that the Eighth amendment erects no per se bar to victim impact evidence. Such evidence can be properly introduced if it is does not so inflame and prejudice the jury as to render the trial fundamentally unfair. Unfortunately, the Court did not provide any guidance to the lower federal and state courts to use in making that determination. There exists a risk, therefore, that many …

And Cloning Makes Three: A Constitutional Comparison Between Cloning And Other Assisted Reproductive Technologies, Stephanie J. Hong

UC Law Constitutional Quarterly

In recent years, society and medical technology have combined to yield numerous technologies with which a child may be born beyond traditional reproductive means. These procreative methods necessarily implicate various rights under the Constitution. The recent cloning of "Doily" the sheep and its potential implications for the cloning of human beings has thrust these issues into the forefront of society's collective mind. Despite constitutional concerns, these reproductive technologies remain legally permissible. The introduction of cloning, however, has been met with resistance far greater than that of the previous techniques.

This Note compares the similarities and differences, constitutionally speaking, between cloning …

Russia's 1993 Constitution: Rule Of Law For Russia Or Merely A Return To Autocracy, Christina M. Mcpherson

UC Law Constitutional Quarterly

On March 26,2000, Vladimir Putin was elected president in Russia. He had been Russia's interim president since December 31,1999, when Boris Yeltsin stepped down in a surprising act. Putin was Yeltsin's final prime minister, appointed less than six months prior to becoming acting president.

Putin, as the next president of Russia, will be guided by Russia's 1993 constitution and by Yeltsin's example. This Note examines the process of adoption of the 1993 constitution and the way in which it has been implemented and followed over the last seven years. The Note suggests that the constitution was adopted and has been …

Neutrality Of The Equal Protection Clause, K. G. Jan Pillai

UC Law Constitutional Quarterly

Espousing colorblindness as the defining feature of the Equal Protection Clause, a bare majority of the Justices of the United States Supreme Court has outlawed almost all race and gender-conscious government programs such as affirmative action, legislative redistricting and school desegregation. The doctrinal foundation of colorblindness is government neutrality. Colorblindness also envisions vigorous enforcement of anti-discrimination laws as the substitute for race-conscious measures to achieve racial equality. However, equal protection neutrality remains amorphous, undefined and structureless, and it often provides a safe harbor for race disadvantaging laws that do not measure up to the Court's standard of invidious discrimination. Moreover, …

The Constitutionality Of State And Local "Sanctions" Against Foreign Countries: Affairs State, States' Affairs, Or A Sorry State Of Affairs?, Brannon P. Denning, Jack H. Mccall Jr.

UC Law Constitutional Quarterly

Since the mid-1990s, many state and local governments have enacted a host of laws barring local governments' procurement of goods and services from persons doing business with certain pariah governments, including Burma (Myanmar), the People's Republic of China, Cuba, Nigeria and even Switzerland. Though ostensibly patterned after earlier laws, most notably longstanding "Buy American" laws and anti-apartheid laws of the 1980s, the latest wave of subnational sanctions statutes and ordinances is much broader in scope and application, raising troubling questions as to the constitutionality of such laws. An example is a Massachusetts statute forbidding the award of state contracts to …

The Rights To A Fair Trial And To Examine Witnesses Under The Spanish Constitution And The European Convention On Human Rights, Dennis P. Riordan

UC Law Constitutional Quarterly

In the wake of the death of dictator Francisco Franco in 1975, Spain enacted a new Constitution containing extensive procedural rights for criminal defendants, thereby in theory moving its justice system closer to the adverserial model of criminal trials long established in common law countries. In the years immediately following the passage of the 1978 Constitution, however, criminal proceedings continued to be inquisitorial in nature, especially in cases involving politically-charged allegations of domestic terrorism.

In this article, the author tracks one such case that had a dramatic impact on the Spanish legal system. Following their conviction for participating in a …