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Extract From United States Code Service, Section On Amendment I, Citing Stone-Tillman Exchange, Seth Barrett Tillman 2010 National University of Ireland Maynooth, Department of Law

Extract From United States Code Service, Section On Amendment I, Citing Stone-Tillman Exchange, Seth Barrett Tillman

Seth Barrett Tillman

Extract from USCS.

[August 31, 2010]


Index, 2010 Golden Gate University School of Law

Index

Cal Law Trends and Developments

No abstract provided.


Table Of Codes And Rules, 2010 Golden Gate University School of Law

Table Of Codes And Rules

Cal Law Trends and Developments

No abstract provided.


Table Of Cases, 2010 Golden Gate University School of Law

Table Of Cases

Cal Law Trends and Developments

No abstract provided.


State And Local Taxes, James E. Sabine, Ernest P. Goodman 2010 Golden Gate University School of Law

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 2010 Golden Gate University School of Law

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. 2010 Golden Gate University School of Law

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 ...


Legal Profession, William J. Riegger 2010 Golden Gate University School of Law

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 2010 Golden Gate University School of Law

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 ...


Administrative Agencies, Garrett Elmore 2010 Golden Gate University School of Law

Administrative Agencies, Garrett Elmore

Cal Law Trends and Developments

The past year has seen a cross section of administrative law at work. If there is any discernible trend, it is that both the California courts and the California legislature seem keenly aware of the problems of balance that are involved in agency procedures and in the judicial review of an agency's act or decision. It may be speculated that in such balancing, continued attention will be given to such matters as prehearing discovery and conferences, the adequacy of findings of fact in particular situations, and the relationship between administrative remedies and court determinations.

This article will consider the ...


Remedies, Kenneth H. York 2010 Golden Gate University School of Law

Remedies, Kenneth H. York

Cal Law Trends and Developments

This article will cover the remedial aspects of civil cases, and as such will mention several decisions which are reviewed elsewhere in this volume in a substantive law context. It will concentrate upon the California courts' application of various legal remedies (principally damages), equitable remedies (including the existence of equitable jurisdiction), and restitutionary remedies (both legal and equitable) with some reference to the substantive elements needed for restitution.


Evidence, Ronan E. Degnan 2010 Golden Gate University School of Law

Evidence, Ronan E. Degnan

Cal Law Trends and Developments

This survey is concerned with case law as well as with statutes, but the cases selected will be of primary interest because they shed some light on how California courts are apt to interpret the statutes. Somewhat paradoxically, this requires some preference for dictum over holding. The clear holdings from all but the very end of the calendar year were applications of the old law, because the appellate courts were still disposing of the cases that had gone to trial before January 1, 1967. But the appellate judges were alert to the new Code, and frequently they would consider how ...


Civil Procedure, Stephen A. Weiner 2010 Golden Gate University School of Law

Civil Procedure, Stephen A. Weiner

Cal Law Trends and Developments

During the 1966-1967 period under scrutiny, California appellate courts rendered a multitude of decisions in the field of civil procedure, the most significant of which are discussed below by topics.


Trusts And Estates, K. Bruce Friedman 2010 Golden Gate University School of Law

Trusts And Estates, K. Bruce Friedman

Cal Law Trends and Developments

In the field of trusts and estates, the year 1967 was fairly eventful. Examination of the court decisions reveals a continuing trend toward construing documents wherever possible to conform with the presumed intent of the testator or trustor, and toward liberal construction of statutory language. At the same time, several decisions hold in favor of creditors in their relationships with the decedent's estate or his survivors. From a legislative standpoint, there were several noteworthy revisions in the Probate and Civil Codes, most important of which was the adoption of a modified version of the Revised Uniform Principal and Income ...


Torts, John A. Gorfinkel 2010 Golden Gate University School of Law

Torts, John A. Gorfinkel

Cal Law Trends and Developments

"Torts" has become a convenient label for a wide variety of wrongs redressed through civil litigation. During the year being reviewed, the California courts touched on almost every conceivable phase of this subject. However, the space allotted does not permit even a cursory treatment of all the decisions that might be regarded as pertinent or significant. The discussion which follows is therefore limited and, in so limiting it, we have tried to emphasize those areas where the decisions indicate either that change may be taking place, or is needed.


Real Property, Harold E. McIntosh 2010 Golden Gate University School of Law

Real Property, Harold E. Mcintosh

Cal Law Trends and Developments

Many cases were decided in the field of real property during the period covered by the survey, but very few of them were decided in the California Supreme Court. There is one case of special importance that was decided in the Appellate Department of the Superior Court. Only those cases thought to be of special significance are included in this survey, and legislation enacted during the period will not be discussed.


Insurance, Robert A. Seligson 2010 Golden Gate University School of Law

Insurance, Robert A. Seligson

Cal Law Trends and Developments

Any discussion of California insurance decisions and developments in the past year must perforce start with the fall of 1966, since 1967 was the year in which the insurance industry was confronted with greatly expanded rules on the duty to defend, the duty to settle within limits and rising above all, like a Colossus sprung from the deep, the tortured decision of Pacific Employers Insurance Company v. Maryland Casualty Company, which threatened to convert policies written for totally different purposes into automobile liability policies at the drop of a hat and with nary a premium.


Community Property And Family Law, Arthur M. Sammis 2010 Golden Gate University School of Law

Community Property And Family Law, Arthur M. Sammis

Cal Law Trends and Developments

Important developments in community property and family law in California in 1967 were largely the result of legislative enactment, although several important decisions were rendered by the appellate courts of California. Those cases and statutory revisions making significant changes in the law will be discussed here under appropriate headings.


Contracts, William T. Laube 2010 Golden Gate University School of Law

Contracts, William T. Laube

Cal Law Trends and Developments

In any given twelve-month reporting period there is, for some reason, a case emphasis on particular problems in each major classification of the law. The field of contracts is no exception. For the period covered by this volume, two basic contract problems float to the surface in the pool of reported appellate decisions. The first problem discussed, and illustrated by a number of recent cases, relates to the obligation to pay "more money" for merchandise or services than that provided for in the original contract. There are various background situations which activate the demand for "more money," but the most ...


Commercial Transactions, Neil M. Levy 2010 Golden Gate University School of Law

Commercial Transactions, Neil M. Levy

Cal Law Trends and Developments

The emphasis of this article reflects the degree to which commercial law today is statutory. Particularly in California, where the Uniform Commercial Code has only been in effect since January 1, 1965, few cases construing that statute reached the appellate courts during the year 1967. However, the state legislature in 1967 amended 25 sections of the California Commercial Code. Although these amendments cover a wide range of substantive problems, they can be viewed in the light of the policy of the code as enunciated in section 1102(2)(c), "[t]o make uniform the law among the various jurisdictions." In ...


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