Law Commons^™

Commentary On William Lloyd Prosser, Strict Liability To The Consumer In California, David J. Jung

UC Law Journal

No abstract provided.

Proving The Obvious: The Antitrust Laws Were Passed To Protect Consumers (Not Just To Increase Efficiency), Robert H. Lande

UC Law Journal

No abstract provided.

A Comment On Competition And Controversy In Local Telecommunications, Howard A. Shelanski

UC Law Journal

No abstract provided.

Procompetitive Theories Of Vertical Control, Andy C. M. Chen, Keith N. Hylton

UC Law Journal

No abstract provided.

The Abc's Of Universal Service: Arbitrage, Big Bucks, And Competition, Gregory L. Rosston, Bradley S. Wimmer

UC Law Journal

No abstract provided.

Tax Expenditure Analysis And Constitutional Decisions, Linda Sugin

UC Law Journal

Proponents of tax expenditure analysis have insisted that when tax programs are economically equivalent to direct spending programs, they should be treated as legally equivalent. While agreeing that tax expenditure analysis is a tool of immense importance and usefulness to legislatures, Professor Sugin argues that courts should be wary about adopting that analysis into constitutional adjudication. She analyzes the problems of legalizing tax expenditure analysis by exploring the definitional problems inherent in defining the tax base, the political manipulability of the tax expenditure budget, the dangers of constitutionalizing the definition of income, and the theoretical challenges presented by the hybrid …

In Defense Of Dissents, William J. Brennan Jr.

UC Law Journal

No abstract provided.

"Or Of The Press", Potter Stewart

UC Law Journal

No abstract provided.

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

UC Law Journal

No abstract provided.

Quo Vadis, Prospective Overruling: A Question Of Judicial Responsibility, Roger J. Traynor

UC Law Journal

No abstract provided.

Punitive Damages: Toward A Principled Approach, Jane Mallor, Barry Roberts

UC Law Journal

No abstract provided.

Modes Of Regulatory Enforcement And The Problem Of Administrative Discretion, Ashutosh Bhagwat

UC Law Journal

In addition to regulating different substantive areas, administrative agencies differ in the enforcement systems they use to implement regulatory regimes. In this article, Professor Bhagwat identifies a crucial distinction between ex ante enforcement regimes, which authorize agencies to review, approve, or disapprove of regulated conduct before it occurs, and ex post regimes, which limit agencies to prosecuting and penalizing regulatory violations after they have occurred. Ex ante authority appears in a variety of guises, including licensing schemes, preclearance or preapproval requirements, and certification requirements. Their common feature is that ex ante enforcement regimes place the burden of inertia, delay, and …

A General Framework For Competitive Analysis In Wireless Telecommunications, J. Gregory Sidak, Hal J. Singer, David J. Teece

UC Law Journal

No abstract provided.

From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney

UC Law Journal

No abstract provided.

Unnatural Competition?: Applying The New Antitrust Learning To Foster Competition In The Local Exchange, Ashutosh Bhagwat

UC Law Journal

No abstract provided.

"Here Come De Judge": The Role Of Faith In Progressive Decision-Making, Derrick Bell

UC Law Journal

In this year's Tobriner Memorial Lecture, "Here Come de Judge: The Role of Faith in Progressive Decision-Making," Professor Bell examines the role of minority judges (and the criticisms lodged against them) in judicial efforts to eliminate discrimination and exploitation. Professor Bell argues that decisions that help correct past abuses, such as those upholding affirmative action, are temporary at best because society quickly renders them ineffectual and marginal. Professor Bell further argues that even the minorities who occupy positions of stature within the legal system, such as judges and scholars, are used against the larger minority population because they are held …

New York, Printz, And The Driver's Privacy Protection Act: Has Congress Commandeered The State Department Of Motor Vehicles?, Adam S. Halpern

UC Law Journal

In New York v. United States, the Supreme Court set forth the rule that any federal law which directs state governments to enact specific legislation is per se unconstitutional. The Court characterized these federal laws as attempts to "commandeer" the States' governmental machinery. The Court reaffirmed and extended the so-called "anti-commandeering" principle in Printz v. United States, holding that Congress may not constitutionally pass a law that directs a State's administrative officials to take a particular action. In the wake of these decisions, two U.S. circuit courts of appeals have struck down as unconstitutional the Driver's Privacy Protection Act of …

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 …

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 …

The Judiciary And Public Choice, Frank B. Cross

UC Law Journal

Professor Cross challenges the conclusion of many Public Choice theorists that government's judicial branch is more amenable to making good public policy than the legislative or executive branches. These theorists' conclusion is based partly on the notion that lawmakers, perennially concerned about funding reelection campaigns, are more susceptible to narrow special interests than are life-tenured judges. Professor Cross points out, however, that this conclusion ignores aspects of the structure of the judiciary that lend it to manipulation by special interests at the expense of the public interest. Special interests can exercise control over public policy through the judiciary in a …

Public Health And Private Medicine: Regulation In Colonial And Early National America, Nissa M. Strottman

UC Law Journal

Historians are currently debating the role of regulation in eighteenth- and nineteenth century American public policy. Among the issues involved in this debate are the prevalence of regulation and the emerging distinction between private and public law. One historian, Morton Horwitz, has argued that the separation between private and public law, which resulted in less government regulation of commercial activities occurred early in the nineteenth century. In contrast, William Novak argues that regulation was pervasive in eighteenth- and nineteenth-century America, and that the split between private and public law did not occur until the 1870's.

This not addresses this historiographical …

The Supreme Court And Public Law Remedies: A Tale Of Two Kansas Cities, Wendy Parker

UC Law Journal

Forty-plus years after Brown v. Board of Education, hundreds of should reconsider the validity of applying different legal standards to different types of vertical restraints, and should instead replace rigid doctrinal categories with a functionally-oriented "rule of reason" analysis.

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 …

Reading Justice Brennan: Is There A "Right" To Dissent?, Rory K. Little

UC Law Journal

No abstract provided.

From Watergate To Ken Starr: Potter Stewart's "Or Of The Press" A Quarter Century Later, Vikram David Amar

UC Law Journal

No abstract provided.

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

UC Law Journal

No abstract provided.

Author's Comments To Public Employee Bargaining In California: The Meyers-Millias-Brown Act In The Courts, Joseph 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.

Punitive Damages: On The Path To A Principled Approach, Jane Mallor, Barry S. Roberts

UC Law Journal

No abstract provided.