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United States

Faculty Scholarship

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Institution
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Articles 301 - 320 of 320

Full-Text Articles in Law

Tort Law In California: At The Crossroads, Neil M. Levy, Edmund Ursin May 1979

Tort Law In California: At The Crossroads, Neil M. Levy, Edmund Ursin

Faculty Scholarship

Deals with tort cases in California. Discussion on the court decision to increase the incidence of liability; Details of implicit damages issues; Changes in the approach towards damage cases.


Federalism And Legal Process: Historical And Contemporary Analysis Of The American System, Harry N. Scheiber Jan 1979

Federalism And Legal Process: Historical And Contemporary Analysis Of The American System, Harry N. Scheiber

Faculty Scholarship

Whether federalism is more than a legal fiction is a question that generates considerable controversy among scholars in law and the social sciences. Historians of 19th-century American federalism have differed about the workings of the federal system in the era characterized as "dual federalism." This article provides an analysis of these controversies and offers a theoretical position on the problem of real power under federalism. The historical literature, it is argued, provides legal scholars and social scientists with abundant data on the reach, diversity, and effects of governmental action in the different historical epochs of American federalism. The relationship of ...


Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne Jan 1978

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF


Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David E. Aaronson, C. Thomas Dienes, Michael C. Musheno Jan 1977

Changing The Public Drunkenness Laws: The Impact Of Decriminalization, David E. Aaronson, C. Thomas Dienes, Michael C. Musheno

Faculty Scholarship

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the "new" public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be followed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the "law in the books." Using an "interrupted time-series quasi-experiment" based on a "stratified multiple-group single-I design," we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through intensive ...


Marvin V. Marvin: Preserving The Options, Herma Hill Kay, Carol Amyx Jan 1977

Marvin V. Marvin: Preserving The Options, Herma Hill Kay, Carol Amyx

Faculty Scholarship

The number of couples choosing to live together without marriage has increased significantly in recent years. In Marvin v. Marvin, the California Supreme Court redefined the rights of persons living in nonmarital cohabitation to property acquired during their relationship. In this Article, the authors review the statutory and case law prior to Marvin, endorse the court's decision to permit a broad variety of choices for married and unmarried couples, and suggest how the case might be applied to typical couples who choose not to marry.


Native Hawaiian Land Rights, Neil M. Levy Jul 1975

Native Hawaiian Land Rights, Neil M. Levy

Faculty Scholarship

Traces the historical displacement of Native Hawaiians from their land, accomplished by legal mechanisms rather than military actions. Problems of preserving the landholding and cultural heritage of the Native Hawaiian community; Legislative solutions similar to those afforded to Native Americans and Alaskan Natives.


Federalism And The American Economic Order, 1789-1910, Harry N. Scheiber Jan 1975

Federalism And The American Economic Order, 1789-1910, Harry N. Scheiber

Faculty Scholarship

Discusses the historiography of political and legal aspects of the relationship between federalism and the economic order in the 19th century, emphasizing the role of the Supreme Court and issues in constitutional law.


Tax Policy And Tuition Credit Legislation: Federal Income Tax Allowances For Personal Costs Of Higher Education, John K. Mcnulty Jan 1973

Tax Policy And Tuition Credit Legislation: Federal Income Tax Allowances For Personal Costs Of Higher Education, John K. Mcnulty

Faculty Scholarship

Shows that the U.S. federal income tax law does not provide an allowance for personal costs of ordinary higher education. Income-variant benefit under graduated income tax; Opposition against tax credit approach; Outright cash scholarship.


Legal Planning For The Mentally Retarded: The California Experience, Herma Hill Kay, Louise J. Farnham, Beth Davis Karren, Jeanne Knakal Jan 1972

Legal Planning For The Mentally Retarded: The California Experience, Herma Hill Kay, Louise J. Farnham, Beth Davis Karren, Jeanne Knakal

Faculty Scholarship

Focuses on the development of legal planning for the mentally retarded in California from 1960 to 1971. Role of two pioneering organizations on the study of mental health services and retardation; Theoretical basis for requiring court commitment as part of hospital admission process; Effect of legal implications of commitment on the retarded; Impact of legal aspects on parents' motivation for the retarded's care facilities; Creation of legal tool for coordinating services on a personal basis.


Liquidated Damages In California, Justin Sweet Jan 1972

Liquidated Damages In California, Justin Sweet

Faculty Scholarship

Analyzes the amount of autonomy given to contracting parties in California to liquidate or fix the amount of damages for contract breach. Discussion of the basic policy considerations and trends in party autonomy; Consideration of the various types of contractual clauses controlling damages; Explanation of what criteria are articulated by courts in the cases.


Public Participation In The Enforcement Of The Antitrust Laws, Richard M. Buxbaum Jan 1971

Public Participation In The Enforcement Of The Antitrust Laws, Richard M. Buxbaum

Faculty Scholarship

Explores specific enforcement mechanisms as they affect the implementation of antitrust policies in the U.S. Doctrinal development and its theoretical and political support; Social values and antitrust policy; Participation in the agency process; Public participation in judicial review of agency decisions.


Access To The Corporate Proxy Machinery, Melvin Aron Eisenberg May 1970

Access To The Corporate Proxy Machinery, Melvin Aron Eisenberg

Faculty Scholarship

Analyzes the direct authorities and general principles of corporate law concerning access to corporate proxy machinery in the U.S. Procedure for proxy solicitation; Discussion on access to the corporate proxy machinery in connection with the election of directors; Management access to the corporate proxy machinery with matters other than election to office.


The Legal Roles Of Shareholders And Management In Modern Corporate Decisionmaking, Melvin Aron Eisenberg Jan 1969

The Legal Roles Of Shareholders And Management In Modern Corporate Decisionmaking, Melvin Aron Eisenberg

Faculty Scholarship

Discusses the legal roles of shareholders and management in modern corporate decisionmaking in California. Managerial conflicts of interest; Statutory models of decisionmaking; Voting and appraisal rights in corporate combinations and divisions.


The Establishment Clause And Aid To Parochial Schools, Jesse H. Choper Jan 1968

The Establishment Clause And Aid To Parochial Schools, Jesse H. Choper

Faculty Scholarship

Examines the establishment clause governing state aid to parochial schools in the United States. Proposed rule under the establishment clause for testing the constitutionality of aid to parochial schools; Analysis of the general rationale for the broad scope of the establishment clause.


Architectural Cost Predictions: A Legal And Institutional Analysis, Justin Sweet, Lesly Sweet Jan 1968

Architectural Cost Predictions: A Legal And Institutional Analysis, Justin Sweet, Lesly Sweet

Faculty Scholarship

Examines the legal aspects of the problem in architect-client relationships in which the construction bids substantially exceed anticipated costs. Ways in which cost problems develop; Promises and conditions; Agreement on costs; Issue of interpretation; Condition excused; Measure of recovery; Judicial attitude toward forms.


Conflict Of Laws: Foreign Law As Datum, Herma Hill Kay Jan 1965

Conflict Of Laws: Foreign Law As Datum, Herma Hill Kay

Faculty Scholarship

Examines the contributions of California Supreme Court Chief Justice Roger Traynor to the field of conflict of laws. Review of the case of the 'Estate of Perkins'; Case of 'Bernkrant v. Fowler'; View that Traynor's approach to a conflicts problem cannot be equalled by other judges.


Problems Of Federalism In Reclamation Law, Joseph L. Sax Jan 1964

Problems Of Federalism In Reclamation Law, Joseph L. Sax

Faculty Scholarship

THE PROBLEMS RAISED HERE CENTER ON SECTION 8 OF RECLAMATION ACT OF 1902. THIS SECTION DELINEATES THE RIGHTS RESERVED TO THE STATES WHERE A FEDERAL RECLAMATION PROGRAM IS IN FORCE. SECTION 8 WAS ORIGINALLY INTERPRETED TO PLACE STATE LAW ABOVE FEDERAL LAW WHENEVER A CONFLICT OCCURRED. RECENT CASES INDICATE BY DICTA THAT THE SECTION NOW SHOULD BE READ SO AS TO GIVE STATE LAW PRIORITY ONLY IN SITUATIONS CONCERNING COMPENSATION FOR THE LOSS OF PRIVATE PROPERTY RIGHTS. BRIEF ATTENTION IS PAID TO VARIOUS LEGISLATION SUCH AS THE BOULDER CANYON PROJECT ACT, THE WARREN ACT, THE RECLAMATION EXTENSION ACT, AND THE ...


Extensions Of Time And Conditions Of Notice: California's Needless Restriction Of Contractual Freedom, Justin Sweet Jan 1963

Extensions Of Time And Conditions Of Notice: California's Needless Restriction Of Contractual Freedom, Justin Sweet

Faculty Scholarship

Examines the impact of the decision of the California Supreme Court in the case Kiewit versus Pasadena School District on the administration of California construction contracts. Features of the construction contract under the case; Effects on notice conditions in building contracts; Provision applied by the court in the case to invalidate the right of a contractor to claim an extension of time for delays beyond his control.


Promissory Fraud And The Parol Evidence Rule, Justin Sweet Jan 1961

Promissory Fraud And The Parol Evidence Rule, Justin Sweet

Faculty Scholarship

Analyzes the California law regarding cases where parol evidence rule and claims of promissory fraud are in conflict. Details of the case Bank of America National Trust and Savings Association versus Pendergrass; Uses of the evidence of fraud; Issues on the admissibility of the evidence of promissory fraud.


Book Reviews, Paul W. Bruton Jan 1934

Book Reviews, Paul W. Bruton

Faculty Scholarship

No abstract provided.