Digital Commons Network^™

Comparative Law In The New European Community, George A. Bermann

UC Law SF International Law Review

No abstract provided.

Hastings Community (Winter 1997), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

The Development Of Gender-Based Asylum Law: A Critique Of The 1995 Ins Guidelines, Diana Saso

UC Law SF Journal on Gender and Justice

No abstract provided.

Hastings Law News Vol.30 No.9, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Hastings Law News Vol.30 No.5, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Private Financing Of Criminal Prosectuions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy

UC Law Constitutional Quarterly

Government prosecutors have begun accepting, and in some cases soliciting, voluntary contributions from the private sector in order to finance certain types of criminal prosecutions. Such private financing introduces a new tension between society's interest in punishing the guilty and society's interest in equal treatment by government. Private financing of criminal prosecution also raises interesting questions as to whether institutions, as opposed to individuals, can be biased by money.

This Article concludes that private financing in any of its likely forms threatens important equality interests. Part I argues that conflict-of-interest rules provide the only protection for important equality interests implicated …

Patent Opinions, Privileges, And The Advice Of Counsel Defense To Claims Of Willfull Patent Infringement: Litigation Counsel Caught In The Crossfire, Michael M. Markman

UC Law SF Communications and Entertainment Journal

The interests advanced by the attorney-client privilege and work product doctrines are a subject of frequent debate. Scholars and practitioners agree, however, that both forms of discovery protection must be waived in certain circumstances. One such situation is where a client asserts the "advice of counsel" as a defense. In the arena of patent litigation, the waiver of discovery protection arises where the alleged patent infringer asserts the advice of counsel defense to claims of willful patent infringement.

The scope of waiver of discovery protections upon asserting the advice of counsel defense to claims of willful patent infringement is expanding …

In Communities Begin Responsibilities: Obligations At The Gay Bar, William B. Rubenstein

UC Law Journal

No abstract provided.

Federal Civil Rights Practice In The 1990'S: The Dichotomy Between Reality And Theory, Julie Davies

UC Law Journal

Civil rights fee-shifting statutes were designed to enable plaintiffs to attract competent attorneys to litigate and ultimately vindicate violations of federal civil rights laws. In the years following the enactment of the Attorneys' Fees Awards Act of 1976, the Supreme Court has decided a number of cases that would seem to affect attorney compensation in civil rights cases. In a series of interviews with civil rights practitioners, Professor Julie Davies has explored the effects of some key decisions as well as other factors that influence the viability of civil rights practice. In her Article, she presents the results of her …

Hastings Law News Vol.30 No.3, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Scapegoating The Poor: Welfare Reform All Over Again And The Undermining Of Democratic Citizenship, Mark Neal Aaronson

UC Law SF Journal on Gender and Justice

No abstract provided.

Hastings Community (Spring 1996), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.29 No.7, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Frivolous Lawsuits. Attorneys' Contingent Fees. Limits.

Initiatives

FRIVOLOUS LAWSUITS. ATTORNEYS' CONTINGENT FEES. LIMITS. INITIATIVE STATUTE. Limits fees which plaintiffs' attorneys may collect in tort actions, shareholder derivative actions, and securities law class actions. Allows lawsuit against attorney for excessive fee. Authorizes court to impose sanctions upon attorney who files a pleading or paper in a lawsuit which is completely without merit or filed solely to harass opposing party. Prohibits sanctioned attorney from collecting fees for case. Requires State Bar to recommend appropriate discipline for attorneys who have repeated sanctions. Declares this measure to be in conflict with the "Frivolous Lawsuit Limitation Act," and other fee limitation measures. …

Attorneys' Contingent Fees. Limits.

Propositions

Limits fees which plaintiffs' attorneys may collect, if payable contingent on plaintiffs' recovery of compensation, in personal injury, wrongful death, other tort cases. Hourly rates not limited. Requires demand against defendants for compensation with supporting information. Allows defendants to respond with prompt settlement offer with supporting information. If accepted, plaintiffs' attorneys may not collect contingent fees exceeding 15% of defendants' offer. If not accepted, they may collect fees above 15% only on part of recovery in excess of defendants' prompt settlement offer. Fiduciary relationship applies to fee agreement between plaintiff, plaintiff's attorney. Summary of Legislative Analyst's Estimate of Net State …

Attorneys. Fees. Right To Negotiate. Frivolous Lawsuits.

Propositions

ATTORNEYS. FEES. RIGHT TO NEGOTIATE. FRIVOLOUS LAWSUITS. INITIATIVE STATUTE. Except as allowed by laws in effect on January 1, 1995, prohibits restrictions on the right to negotiate amount of attorneys' fees, whether fixed, hourly or contingent. Prohibits attorney from charging or collecting excessive or unconscionable fees. Authorizes court to impose sanctions upon attorney who files a lawsuit or pleading which is totally and completely without merit or filed solely to harass opposing party. Prohibits sanctioned attorney from collecting fees for case. Requires State Bar to recommend appropriate discipline for attorneys with repeated sanctions. Summary of Legislative Analyst's Estimate of Net …

Attorneys' Fees. Shareholder Actions. Class Actions.

Propositions

Requires losing party to pay winning party's reasonable attorneys' fees and expenses in shareholder actions against corporations and in class actions based on securities law violations. Payment by member of losing party not required if position was substantially justified and payment would be unjust. Court may require losing party's attorney to pay. After hearing, court may require plaintiff to furnish bond for defendant's estimated fees and expenses, unless plaintiff owns or traded at least 5% of shares. Plaintiff's attorney may agree to furnish bond and pay defendant's fees and expenses for plaintiff. Summary of Legislative Analyst's Estimate of Net State …

Campaign Contributions And Spending Limits. Restricts Lobbyists.

Propositions

CAMPAIGN CONTRIBUTIONS AND SPENDING LIMITS. RESTRICTS LOBBYISTS. INITIATIVE STATUTE. Limits a contributor's campaign contributions per candidate to $100 for districts of less than 100,000, $250 for larger districts, and $500 for statewide elections. Committees of small contributors can contribute twice the limit. Contribution limits approximately double for candidates who agree to limit spending. Limits total contributions from political parties, businesses, unions and others. Prohibits transfers between candidates. Limits fundraising to specified time before election. Prohibits lobbyists from making and arranging contributions to those they influence. Requires disclosure of top contributors on ballot measure advertising. Increases penalties under Political Reform Act. …

Considerations In Representing Western Companies In Technology Transfers To East Asia, Jeffrey J. Blatt

UC Law SF International Law Review

The countries of East Asia have some of the fastest growing economies in the world. The region's need for high technology is evident in the semiconductor, broadcasting, electronics, and telecommunications fields. Lack of high technology infrastructure outside major metropolitan areas lends itself to foreign direct investment, joint ventures, and the procurement of high technology by Asian buyers.

This Paper addresses a number of considerations, issues, pitfalls, and concerns for structuring a successful technology transfer to East Asia, from the perspective of a potential technology transferor or vendor. Specifically, this Paper examines the effect of export controls, tax implications, the Foreign …

Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet

UC Law SF International Law Review

Compared to the legal profession found in the United States, in Latin countries an impartial counsel who advises all parties to a transaction is located at the top of the legal hierarchy and is referred to as the Latin notary. The Latin notary is granted exclusive power to perform certain legal functions such as memorialization of transactions. The Latin notary combines the competence traditionally associated with a public official and the discretion and responsibility of a private legal professional. For these reasons, the Latin notary is quite different from notaries public in the United States. The Latin notary owes a …

Good Kids, Bad Kids: A Revelation About The Due Process Rights Of Children, Cecelia M. Espenoza

UC Law Constitutional Quarterly

In the case of Reno v. Flores, the United States Supreme Court held that the indefinite detention of unaccompanied, immigrant children without a mandatory hearing before an immigration judge did not violate the children's substantive or procedural due process rights. To fully examine the procedural and substantive due process rights of these children, the Article engages in an analysis of children's due process rights in general, and then places the Reno v. Flores decision in context.

Who Should Regulate The Ethics Of Federal Prosecutors?, Rory K. Little

Faculty Scholarship

No abstract provided.

Hastings Law News Vol.29 No.3, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Hastings Law News Vol.29 No.2, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Attorneys. Fees. Right To Negotiate. Frivolous Lawsuits.

Initiatives

ATTORNEYS. FEES. RIGHT TO NEGOTIATE. FRIVOLOUS LAWSUITS. INITIATIVE STATUTE. Declares this measure to be in conflict with the "Lawyer Contingent Fee Limitation Act" initiative and similar measures. Provides the right to negotiate amount of attorneys' fees, whether fixed, hourly or contingent, shall not be restricted. Prohibits attorney from charging/collecting excessive or unconscionable fees. Authorizes court to impose sanctions upon attorney who files a lawsuit or pleading which is completely without merit or filed solely to harass opposing party. Prohibits sanctioned attorney from collecting fees for case. Requires State Bar to recommend appropriate discipline for attorneys who have repeated sanctions. Summary …

Hastings Community (Summer 1995), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.28 No.5, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Hastings Law News Vol.28 No.4, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Hastings Community (Fall/Winter 1995), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Baseball's Antitrust Exemption, Michael H. Juarez

UC Law SF Communications and Entertainment Journal

Major League Baseball (Baseball) traditionally has enjoyed an exemption from antitrust laws even though Baseball is a business that clearly engages in interstate commerce. This antitrust immunity has allowed owners to restrict franchise expansion and relocation as well as to shackle players to a given team by using the reserve system. 1993 congressional hearings indicate that Congress has maintained the exemption in exchange for Baseball acting in the best interests of the American public. However, incidents over the past few years point to Baseball's repeated disregard of the public interest. This Note contrasts the relevant case law and congressional response …