Digital Commons Network^™

Swifties, Shifties, And That E-Biz Jazz: The Ethical Roles Of Attorney/Literary Agents, Bruce S. Stuart

UC Law SF Communications and Entertainment Journal

It is no secret that attorney authors are making their mark on the book publishing industry as books by and about lawyers occupy more than a fair share of both THE NEW YoRK TIMES and PUBLISHER'S WEEKLY bestseller lists. But what about the lawyers behind the scenes-those who broker those bestseller deals? From the late literary agent extraordinaire Swifty Lazar to power literary deal maker Morton Janklow, this Article will examine how the attorney literary agent evolved and the ethical considerations incumbent upon attorneys who also don the hat of author representative.

This article will demonstrate through the use of …

The Federalization Of Oragnized Crime: Advantages Of Federal Prosecution, John C. Jeffries Jr., John Gleeson

UC Law Journal

Discussions about the federalization of crime traditionally have focused on substantive law: a crime will be handled in a state system or in the federal system depending on its definition. While it is true that federal and state crimes appear to have different coverage, federal criminal jurisdiction is fast becoming the rule rather than the exception. It follows that the federalization of crime is increasingly in the hands of federal prosecutors. Thus, informed debate on the respective state and federal roles in law enforcement should focus on the prosecutive function.

In their Article, Professor Jeffries and Judge Gleeson assert that …

Comment: Congressional Powers And Federal Judicial Burdens, Dennis E. Curtis

UC Law Journal

No abstract provided.

Economic Theory Applied To Civil Forfeiture: Efficiency And Deterrence Through Reallocation Of External Costs, Catherine Cerna

UC Law Journal

Punishment for drug crimes includes not only penal sanctions, but economic sanctions in the form of property forfeiture as well. Based on broad statutory language, the government appears to seize property in amounts disproportionate to the crime committed. The author contends that forfeiture lacking proportionality risks violating the Eighth Amendment's prohibition of "excessive fines" and distributes wealth in an economically inefficient manner.

The United States Supreme Court mandated an Eighth Amendment proportionality inquiry in civil forfeiture cases in the 1993 case of Austin v. United States. This Note proposes that courts imposing forfeiture abide by this mandate by engaging in …

A Tribute To Dean Robert A. Stein: Former Dean Of The University Of Minnesota Law School, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Hastings Law News Vol.28 No.2, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Community (Fall 1994), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Community (Summer 1994), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Confidential Communications Between Clients And Patent Agents: Are They Protected Under The Attorney-Client Privilege, Virginia J. Harnisch

UC Law SF Communications and Entertainment Journal

Typically, the attorney-client privilege applies only to attorneys admitted to practice law by a state bar. However, courts have expanded the application of the attorney-client privilege. This Article focuses on whether a group of specialized legal professionals-patent agents-should be included in the category of legal advisors who are entitled to the attorney-client privilege. The recognition or rejection of a privilege for patent agents may be of critical importance during litigation in the United States involving patent rights. The author concludes that patent agents who function as legal practitioners should independently be recognized as attorneys for the purpose of the attorney-client …

Racism In Our Courts: The Underfunding Of Public Defenders And Its Disproportionate Impact Upon Racial Minorities, Rebecca Marcus

UC Law Constitutional Quarterly

The severe underfunding of the nation's Public Defender System has jeopardized the criminal defendant's right to adequate assistance of counsel. The denial of this right has a disproportionate impact upon racial minorities because they are disproportionately represented by public defenders. The result is a violation of minorities' Sixth Amendment right to counsel and Fourteenth Amendment right to equal protection.

This Note examines the causes of under-funding and its effects on racial minorities. To remedy this discrimination, this Note offers several proposals, including a burden-shifting scheme, the use of the disparate impact standard to show discrimination (as opposed to the discriminatory …

Introduction, B. E. Witkin

UC Law Journal

No abstract provided.

Beyond Victim Impact Evidence: A Modest Proposal, Teree E. Foster

UC Law Journal

The United States Supreme Court held in Payne v. Tennessee that the introduction of 'victim impact' evidence in capital cases does not violate the Eighth Amendment's prohibition against cruel and unusual punishment. The fact finder in a capital case may consider the unique consequences of a specific murderous act in order to assess the defendant's blameworthiness and, in turn, to determine whether he should be sentenced to death.

Dean Foster wholeheartedly agrees with the reasoning underlying the Payne decision, but points out that the Court did not take its premises to their logical conclusion. In her Proposal, she sets forth …

Shattering The Glass Ceiling: A Legal Theory For Attacking Discrimination Against Women Partners, Mark S. Kende

UC Law Journal

Historically women have experienced gender discrimination in employment and promotions, hitting a "glass ceiling" that prevents them from reaching the highest positions within academic institutions, corporations, and partnerships. Women partners are especially vulnerable to discrimination because federal and state anti-discrimination laws have been interpreted to protect "employees" not partners, who are "employers" by definition.

In his Article, Professor Kende tracks the progress of women in the legal profession and the glass ceiling that women encounter in trying to become partners and to reach the top management positions within partnerships. He argues that the implied covenant of good faith and fair …

Reflections On Judge Weinstein's Ethical Dilemmas In Mass Tort Litigation, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Hastings Law News Vol.26 No.6, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.26 No.5, Uc Hastings College Of The Law

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

No abstract provided.

Poland And The European Community: Toward Full Integration, Jan Krzysztof Bielecki

UC Law SF International Law Review

No abstract provided.

Employee Rights In The European Community: A Panorama From The 1974 Social Action Program To The Social Charter Of 1989, Roger J. Goebel

UC Law SF International Law Review

Social policy is one of the most important areas of European Community action. The EEC Treaty specifically mentions social goals and the European Court of Justice recognizes the social as well as economic aims of the unification process. Traditionally, social legislation has been adopted pursuant to article 100 of the EEC Treaty with its generic grant of power to harmonize laws in order to achieve the common market-with article 119 serving as authority for legislation implementing equal pay for men and women. The Social Action Program adopted by the Council of Ministers in 1974 provided much needed political endorsement for …

Organizing For Change: A Community Law Response To Police Misconduct, Dianne L. Martin

UC Law SF Journal on Gender and Justice

This paper addresses the problem of police misconduct in a historical and theoretical context that examines prior efforts at reform and argues for the development of a new, collaborative approach. This examination critiques the domination of legal strategies in the past and looks for community-based initiatives with a view to achieving fundamental structural change. The context is local and particularized in the City of Toronto and in a community legal clinic. The lessons, it is argued, are universal. Clinic files, media accounts, and inquiry records are drawn upon to center the discussion in the "real world" of poverty, perception, and …

Clemency For Battered Women Who Kill Their Abusers: Finding A Just Forum, Alison M. Madden

UC Law SF Journal on Gender and Justice

A large number of battered women in California prisons have petitioned Governor Pete Wilson for pardon or for commutation of their prison sentences to time already served. Most of these women were sent to prison for killing their abusers in defense of themselves or their children. The legal, political, and social forces that influence the criminal trials of such women frequently ensure high conviction rates and stiff sentences. This is true despite efforts to show juries and trial courts that many battered women who kill do so out of a reasonable fear that they will suffer death or bodily harm …

Insider Trading Regulation Of Law Firms: Expanding Itsfea's Policy And Procedures Requirement, Peter M. O. Wong

UC Law Journal

In 1988, in response to rampant insider trading during the 1980s, Congress passed the Insider Trading and Securities Fraud Enforcement Act of 1988 ("ITSFEA"). ITSFEA contained a provision which imposed liability on "controlling persons" for insider trading activities of persons under their supervision. This provision shifted the burden of monitoring individuals from the Securities and Exchange Commission ("SEC") to 'employers. Congress based this liability on the policy that responsibility should be shared by those who directly benefit from the securities industry and the belief that firms are in the best position to monitor their employees.

This Note discusses the provisions …

Hastings Law News Vol.26 No.3, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.26 No.1, Uc Hastings College Of The Law

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

No abstract provided.

Teaching Law Reform In The 1990s, Jane E. Schukoske

UC Law SF Journal on Gender and Justice

No abstract provided.

Hastings Law News Vol.25 No.4, Uc Hastings College Of The Law

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

No abstract provided.

Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson

UC Law SF International Law Review

In India, attempts to provide speedy and informal resolution of disputes through conciliation and mediation have focused on the institution of the Lok Adalat, which means the "people's courts." The Lok Adalat courts aim at extending access to the judicial system and providing a means of dispute resolution which is sensitive to the variety of indigenous methods. This Article examines the Lok Adalat courts both theoretically and in practice.

Limitations On The Use Of Appropriations Riders By Congress To Effectuate Substantive Policy Changes, Jacques B. Leboeuf

UC Law Constitutional Quarterly

No abstract provided.

United Nations Convention On The Rights Of The Child: Will It Help Children In The United States, Elizabeth M. Calciano

UC Law SF International Law Review

The United Nations Convention on the Rights of the Child (UNCRC) provides a comprehensive list of children's rights. While 139 countries have signed the UNCRC, signalling their intent to ratify, the United States has not yet done so. This Note examines the question of whether ratification of the UNCRC would help U.S. children. After exploring the plight of children in the United States and the potential uses of the UNCRC in U.S. courts, the Note concludes that ratification would benefit American children whose rights are litigated in U.S. courts.

Poverty Law Narratives: The Critical Practice And Theory Of Receiving And Translating Client Stories, Christopher P. Gilkerson

UC Law Journal

In critical exploration of the dissonance between the law, lawyers, and the disempowered, recent inquiries have given rise to new, enriched theories about the knowledge and discourse of the poverty lawyer. Critical scholars and practitioners are engaged in a search for theoretical and practical approaches to working for and with clients who have perspectives, needs, values, and differences that do not fit neatly into traditional conceptions of legal process and doctrine. This Article undertakes a "critical storytelling approach" to poverty law and practice.

Drawing upon critical theory, including feminist and critical race, as well as law and literature scholarship and …

Who Will Litigate Constitutional Issues For The Poor, Allen Redlich

UC Law Constitutional Quarterly

No abstract provided.