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1992

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Full-Text Articles in Law

Assembly Committee On Consumer Protection, Government Efficiency And Economic Development 1991-92 Legislative Summary, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development Dec 1992

Assembly Committee On Consumer Protection, Government Efficiency And Economic Development 1991-92 Legislative Summary, Assembly Committee On Consumer Protection, Government Efficiency And Economic Development

California Assembly

No abstract provided.


Senate Bill 198: Impact And Effectiveness On Workers' Health And Safety, Senate Committee On Industrial Relations Dec 1992

Senate Bill 198: Impact And Effectiveness On Workers' Health And Safety, Senate Committee On Industrial Relations

California Senate

In 1989 the California Legislature passed and the Governor signed SB 198, the most significant piece of Occupational Safety and Health legislation since the enactment of the OSHA Act. SB 198 shifts the focus of state policy in workplace safety and health to prevention. The changes weave the prevention approach into every aspect of CalOSHA: Standard enforcement sanctions; the use of data; and the providing of education information and technical assistance to employers. On July 1, 1991, regulations became effective implementing the part of this bill requiring employers to establish, implement and maintain worksite injury prevention programs. Based on preliminary ...


Illegal Discrimination In Health Insurance, Senate Committee On Insurance, Claims And Corporations Dec 1992

Illegal Discrimination In Health Insurance, Senate Committee On Insurance, Claims And Corporations

California Senate

No abstract provided.


The Meaning Of "Under Color Of" Law, Steven L. Winter Dec 1992

The Meaning Of "Under Color Of" Law, Steven L. Winter

Michigan Law Review

The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to create doctrinal ...


The Fourth Annual Natural Diversity Forum: The Complex Web Of Life, Senate Committee On Natural Resources And Wildlife Nov 1992

The Fourth Annual Natural Diversity Forum: The Complex Web Of Life, Senate Committee On Natural Resources And Wildlife

California Senate

No abstract provided.


Summary Report On Hearing On Child Custody, Senate Select Committee On Women In The Workforce Nov 1992

Summary Report On Hearing On Child Custody, Senate Select Committee On Women In The Workforce

California Senate

No abstract provided.


Resolving Land Use Disputes: Mediation, Arbitration And Litigation, Senate Select Committee On Planning For California's Growth, Senate Committee On Local Government Nov 1992

Resolving Land Use Disputes: Mediation, Arbitration And Litigation, Senate Select Committee On Planning For California's Growth, Senate Committee On Local Government

California Senate

No abstract provided.


Nondeposit Deposits And The Future Of Bank Regulation, Jonathan R. Macey, Geoffrey P. Miller Nov 1992

Nondeposit Deposits And The Future Of Bank Regulation, Jonathan R. Macey, Geoffrey P. Miller

Michigan Law Review

We argue in this paper that the nation has already entered with a vengeance into the era of nondeposit deposit banking. The traditional bank deposit against which reserves must be held and deposit insurance paid is suffering encroachment from a wide variety of competitive instruments and arrangements, all of which, to one degree or another - often to a substantial degree - serve a function economically similar to that of the checking account at a depository institution.

The legal system may respond to these developments by attempting to bring nondeposit deposits under regulation, as it has done with other banking oxymorons such ...


Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Hearing, Assembly Select Committee On Equal Opportunity Oct 1992

Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Hearing, Assembly Select Committee On Equal Opportunity

California Assembly

No abstract provided.


Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Prepared Statements And Correspondence, Assembly Select Committee On Equal Opportunity Oct 1992

Equal Opportunity In Economic Downturn - Are Women And Minorities Sacrificing More Than Their Fair Share? Prepared Statements And Correspondence, Assembly Select Committee On Equal Opportunity

California Assembly

No abstract provided.


Impact Of Defense Cuts On California, Commission On State Finance Oct 1992

Impact Of Defense Cuts On California, Commission On State Finance

California Agencies

I am pleased to submit our assessment of the impact of federal defense expenditures in California. This report, Impact of Defense Cuts on California, was prepared pursuant to the Commission's mandate to examine how federal expenditures affect the state's economy. Much has occurred since our last review of the defense industry in 1990. Aerospace cutbacks have accelerated, more military bases have been scheduled for closure, and the state is mired in recession. This report will give an overview of military spending in the state, and put the defense industry and recent cutbacks into the broader context of California ...


Hearing On Proposition 165, Senate Committee On Health And Human Services, Senate Budget And Fiscal Review, Assembly Ways And Means Committee Oct 1992

Hearing On Proposition 165, Senate Committee On Health And Human Services, Senate Budget And Fiscal Review, Assembly Ways And Means Committee

California Joint Committees

No abstract provided.


Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki Oct 1992

Strange Visions In A Strange World: A Reply To Professors Bradley And Rosenzweig, Lynn M. Lopucki

Michigan Law Review

Much about chapter 11 is in need of improvement. But, as is so often the case, the resonant themes are not the right ones. All three legs of Bradley and Rosenzweig's argument for repeal are seriously flawed. The heart of their empirical argument is their claim to have shown that financially stronger companies reorganizing under chapter 11 have been paying less to both their creditors and their shareholders than did weaker companies reorganizing under prior law. In Part I below, I present several more plausible explanations for the stock and bond price phenomena they observed. In all likelihood, their ...


An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman Oct 1992

An Administrative Battle Of The Forms: The Eeoc's Intake Questionnaire And Charge Of Discrimination, Laurie M. Stegman

Michigan Law Review

This Note argues that the EEOC's interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways ...


The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall Oct 1992

The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall

Cornell Law Faculty Publications

No abstract provided.


Interim Hearing On Multiple Chemical Sensitivity And Environmental Illness, Senate Subcommittee On The Rights Of The Disabled Sep 1992

Interim Hearing On Multiple Chemical Sensitivity And Environmental Illness, Senate Subcommittee On The Rights Of The Disabled

California Senate

No abstract provided.


Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman Aug 1992

Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman

Michigan Law Review

The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might mandate. The ...


Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis Aug 1992

Allocation Of Loss Due To Fraudulent Wholesale Wire Transfers: Is There A Negligence Action Against A Beneficiary's Bank After Article 4a Of The Uniform Commercial Code?, Robert M. Lewis

Michigan Law Review

This Note argues that where a bank reasonably should have known of a fraud but still pays out a wire transfer to an unauthorized recipient, common law negligence should provide a basis for recovery despite the absence of an explicit Code provision imposing liability on the bank. Part I examines the UCC's language itself and analyzes possible cases, under 4A and under articles 3 and 4 by analogy, and discusses the applicability of these other parts of the UCC to wire transfers. Part II examines how extra-Code regulatory systems and the common law would determine wire transfer liability. Part ...


A Preliminary Report On The Status Of African-American Males In California: Opportunity Or Chaos: A Generation In Peril, California Commission On The Status Of African-American Males Jul 1992

A Preliminary Report On The Status Of African-American Males In California: Opportunity Or Chaos: A Generation In Peril, California Commission On The Status Of African-American Males

California Agencies

The California Commission on the Status of African-American Males (CSAAM) has completed its initial inquiry into the quality of life for African-American Males in this state. Our findings are contained in this Preliminary Report.

The Commission was created by Assembly Concurrent Resolution No. 57 on September 3, 1991. After its first meeting, CSAAM formed six policy advisory committees consisting of Commissioners and highly qualified experts in each of the targeted areas. These areas are: Employment, Economic Empowerment, Criminal Justice, Education and Social Services. The committees have been working earnestly over the last seven months to gain an accurate assessment of ...


Summary Of The Hearing On California Jobs And Future, Senate Committee On Housing And Urban Affairs Jul 1992

Summary Of The Hearing On California Jobs And Future, Senate Committee On Housing And Urban Affairs

California Senate

No abstract provided.


Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin Jun 1992

Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin

Michigan Law Review

This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided ...


Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar Jun 1992

Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar

Michigan Law Review

This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's ...


Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison Jun 1992

Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison

Michigan Law Review

This Note discusses both the source of the accounting rule and the proper forum for applying the rule. Part I provides a general history of joint ownership and the duty to account and suggests that the number of litigants presenting joint ownership claims will probably increase. Part II discusses joint ownership case law chronologically. This Part shows that the case law is consistent with the view that the duty to account was a creation of the federal courts. Part III argues that the accounting rule is federal common law and that federal jurisdiction necessarily follows for all copyright accounting cases ...


Conflict Of Interest In Landfill Site Approvals By The Regional Water Quality Control Board, San Francisco Bay Region, Senate Select Committee On State Procurement And Expenditure Practices May 1992

Conflict Of Interest In Landfill Site Approvals By The Regional Water Quality Control Board, San Francisco Bay Region, Senate Select Committee On State Procurement And Expenditure Practices

California Senate

No abstract provided.


The Enforcement Of Environmental Protection Legislation, Kakimbek Salykov May 1992

The Enforcement Of Environmental Protection Legislation, Kakimbek Salykov

Boston College Environmental Affairs Law Review

No abstract provided.


Strategy For Survival: Problems Of Legislative And Executive Power In The Field Of Environmental Protection In The Ukraine, Yuri Scherbak May 1992

Strategy For Survival: Problems Of Legislative And Executive Power In The Field Of Environmental Protection In The Ukraine, Yuri Scherbak

Boston College Environmental Affairs Law Review

No abstract provided.


Deliberating About Deliberation, Frederick Schauer May 1992

Deliberating About Deliberation, Frederick Schauer

Michigan Law Review

A Review of We the People: 1: Foundations by Bruce Ackerman


Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler May 1992

Employment Equality, Affirmative Action, And The Constitutional Political Consensus, Robert A. Sedler

Michigan Law Review

A Review of Equality Transformed: A Quarter-Century of Affirmative Action by Herman Belz and A Conflict of Rights: The Supreme Court and Affirmative Action by Melvin I. Urofsky


Your Guide To Conflicts Of Interest Law: How We Govern Our Public Officials, Senate Local Government Committee Apr 1992

Your Guide To Conflicts Of Interest Law: How We Govern Our Public Officials, Senate Local Government Committee

California Senate

A conflict of interest occurs when a public official participates in a governmental decision which would affect a financial interest. A conflict of interest takes away from the goal of the public official's job of enacting good public policy.

The conflict of interest laws keep public officials honest and prevent them from using their public office for private financial gain. These laws can be difficult to understand and sometimes harder to find. This guide will help you do both.


Exoneration Clauses In Wills And Trust Instruments, Robert Whitman Apr 1992

Exoneration Clauses In Wills And Trust Instruments, Robert Whitman

Faculty Articles and Papers

No abstract provided.