Digital Commons Network^™

Democracy's Dawn American Judges And The Rule Of Law Abroad, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

UC Law Journal

People with disabilities, especially the impoverished among them, have long been the object of legal advocacy. In the rush of advocacy, lawyers have forgotten that the concept of the disabled, like the concept of the poor, is an artifact of American law and society. It is a thing mediated through ideals and discourses, a thing constructed rather than naturally or necessarily given. The social construction of disability occurs in the daily practices of advocacy, administration, and adjudication. These material practices form the dominant and subordinate visions of the disabled.

The dominant vision of the disabled conjures images of dependence, incompetence, …

Rebellious Lawyering, Regnant Lawyering, And Street-Level Bureaucracy, Paul R. Tremblay

UC Law Journal

Professor Tremblay's Essay addresses "rebellious" lawyering, that strain of lawyering which empowers clients. His Essay seeks to explore some of the institutional and ethical barriers that prevent easy implementation of this powerful and attractive view of lawyering. He describes two strands within rebellious lawyering literature: the "collectivist" theme, which argues that effective lawyering for the poor must include collective, organizing efforts that look beyond intrasystemic relief; and the "client voice" theme, which encourages collaborative, nonhierarchical participation by clients in their legal casework. While these two themes are present in much of the literature, he believes that in some ways they …

A Meditation On The Theoretics Of Practice, Robert D. Dinerstein

UC Law Journal

Professor Dinerstein's Essay examines the value and liabilities of the theoretics of practice movement. He tells the tale of a criminal case his clinic handled in which the client insisted on telling an inculpatory story. Tracing the twists of the story and noting the advocates' practices of client-centered counseling and sensitivity to concerns raised by narrative theory, he points out the unpredictable impact of such theories about practice when actually applied.

He criticizes the inaccessibility of much of the theoretics literature and questions the utility of much of it for those who actually practice law. He calls for critical examination …

Students And Lawyers, Doctrine And Responsibility: A Pedagogical Colloquy, University Of Maryland Law School

UC Law Journal

This Colloquy presents a variety of perspectives on the University of Maryland Law School's Legal Theory and Practice Program. The program has both a clinical and a classroom component, and attempts to expose students to the deep connections between legal rules, lawyers' choices, and the realities of the law's impact on the lives of the poor

Keeping The Practice In Clinical Education And Scholarship, Richard A. Boswell

UC Law Journal

In his Essay Professor Boswell traces the progress of the clinical movement from the margins of the academy in the 1960s to its more mainstream position today. He contends that, because of various forces (including the availability of tenure), clinical scholarship has begun to merely emulate traditional scholarship. He notes the shift of clinical emphasis from the client to scholarly development of theoretical models. Professor Boswell calls for a return to the original purpose of clinical programs- bridging the distance between theory and practice.

Reconstructing A Pedagogy Of Responsibility, Barbara Bezdek

UC Law Journal

Professor Bezdek's approach stems from her observation that student learning about responsibility suffers badly from the phenomenon of law school socialization and that counter-socialization is required. She encourages students to ask: What is my own responsibility as a lawyer to people who are poor? She shows how Maryland's Legal Theory and Practice program equips students to recognize and break down the rhetoric that makes both students and lawyers feel helpless in the face of daunting poverty.

Lawyers And Caring: Building An Ethic Of Care Into Professional Responsibility, Theresa Glennon

UC Law Journal

In the last decade, a new literature has arisen, grounded in feminism, reconsidering morality, identity, and moral development. Professor Glennon applies these feminist-based ideas about moral development to a pedagogy of responsibility. She explores some of the ways in which this alternative view of moral development might affect our understanding of teaching. Professor Glennon shows that students must view themselves as capable, cared-for, and empowered in order to achieve an enlarged self-definition of professional responsibility and conceive of themselves as professionals in ways other than the dominant, privatized mode.

Developing An Identity Of Responsible Lawyering Through Experiential Learning, Homer C. La Rue

UC Law Journal

Professor La Rue explores the use of student lawyering experiences in the development of a responsible professional identity. He shows how it is possible, through the selection of practice settings that situate students side-by-side with subordinated people, for students to understand law as a multidimensional enterprise. His goal is to help us understand law as a translation of human stories and to recognize how this translation involves value laden choices that have the effect of silencing certain voices.

Why Limit A Good Thing--A Proposal To Apply The California Antilapse Statute To Revocable Living Trusts, Rochelle A. Smith

UC Law Journal

Revocable living trusts have become a standard estate planning tool for avoiding the time, expense, and delay of probate. These popular will-substitutes allow donors to pass property at death and achieve the same result as would be obtained through a testamentary disposition. However, whereas California testators are protected by remedial measures such as the lapse and antilapse statutes, revocable living trustors are not. In California, when a devisee predeceases the testator, lapse and antilapse statutes operate together to terminate those gifts that potentially would pass to strangers while saving gifts devised to family members and passing these gifts directly to …

Keeping The Practice In Clinical Education And Scholarship, Richard A. Boswell

Faculty Scholarship

No abstract provided.

Legal Practice And Services.

Initiatives

LEGAL PRACTICE AND SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. Permits the exercise of "judicial power" to adopt and approve rules and regulations for the practice of law and the provision of legal services, but limits the exercise of such power to the extent to which such rules and regulations are not inconsistent with legislative enactments governing the practice of law and the provision of legal services. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure has no direct fiscal impact on the state or local governments.

Hastings Community (Summer 1991), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.24 No.5, Uc Hastings College Of The Law

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

No abstract provided.

The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden

UC Law SF Communications and Entertainment Journal

Title 17, section 505 of the United States Code allows a court, in its discretion, to award reasonable attorney's fees to the prevailing party in cases that arise under the Copyright Act. This Article focuses on the single issue of when the court should exercise this discretion. With no guidance from the statute or legislative history as to what the bounds of "discretion" are in this province, five circuits have adopted comprehensive yet conflicting standards. The law in these circuits, as well as the developing law in the remaining eight circuits, is discussed and analyzed.

A Harvest Of Shame: The Imposition Of Independent Contractor Status On Migrant Farmworkers And Its Ramifications For Migrant Children, Jeanne M. Glader

UC Law Journal

A recent trend in the American agricultural industry is the practice among growers of classifying farm workers as independent contractors rather than employees. The Fair Labor Standards Act was enacted by Congress in 1938 to eliminate labor conditions detrimental to the maintenance of the minimum standard of living necessary for the health, efficiency, and well-being of workers. The Act's protections specifically include workers' compensation insurance, health and safety standards, unemployment and disability insurance, and perhaps most importantly, prohibitions against oppressive child labor. Under the terms of the Act, however, only employees are covered by the legislation, not independent contractors. Because …

Do Your Clients' Confidences Go Out The Window When Your Employees Go Out The Door, Kelly A. Randall

UC Law Journal

Recent years have seen a remarkable increase in the employment of nonlawyer support staff in the legal profession. Lawyers frequently hire secretaries, legal assistants, law clerks, investigators, file clerks, office managers, and law students to increase the efficiency and cost-effectiveness of legal services. As these nonlawyers are given greater responsibility, the risk that their employment may create conflicts of interest increases. If a nonlawyer employee has obtained confidential client information during her employment and then goes to work for another law firm that represents interests adverse to the former firm's client, the potential for a serious conflict of interest arises. …

The Future Of Legal Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Pursuing Native American Rights In International Law Venues: A Jus Cogens Strategy After Lyng V. Northwest Indian Cemetery Protective Association, Christopher P. Cline

UC Law Journal

The breathtaking advances in personal freedom for the people of Eastern Europe provide a sad counterpoint to the restrictions of such freedom sanctionedzn this country by the recent Supreme Court decision in Lyng v. Northwest Indian Cemetery Protective Association. In Lyng, the Court held that the building of a logging road through land held sacred to three native California tribes did not violate their first amendment right to practice their religion, even though the government- approved road would destroy their ability to worship. In response to Lyng, members of the tribes filed a complaint before the Organization of American States …

Options For Long-Term Care Financing: A Look To The Future, Marshall B. Kapp

UC Law Journal

The current long-term care financing patchwork in the United States contains many philosophical and operational deficiencies. Devising a better way to finance both institutional and community-based long-term care services for older persons is a pressing public policy concern. A number of serious proposals propounded in the past few years suggest ways to use public and private resources more rationally and effectively to address the long-term care financing problem. In this Article, Professor Kapp critically analyzes some of the more salient of these proposals in terms of the historical, demographic, economic, political, and legal contexts within which they have been formulated …

State Operated Automobile Insurance. Auto Claims. Administrative Court.

Initiatives

STATE OPERATED AUTOMOBILE INSURANCE. AUTO CLAIMS ADMINISTRATIVE COURT. INITIATIVE STATUTE. Replaces private automobile insurance system with state-administered program of required, basic automobile insurance if Insurance Commissioner determines that average private premiums equal or exceed Proposition 103's rollback level or that average percentage of vehicles without required insurance exceeds 15 percent. Specifies operation of program. Regulates attorney fees in vehicle accident cases. Creates "Auto Claims Administrative Court" to resolve claims up to $15,000 under state-issued insurance. Requires informal proceedings without attorneys or jury. Establishes consumer board. Provides penalties for violations. Summary of estimate by Legislative Analyst and Director of Finance of …

Hastings Community (Summer 1990), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

State Administered Automobile Insurance. Automobile Claims Court.

Initiatives

STATE ADMINISTERED AUTOMOBILE INSURANCE. AUTOMOBILE CLAIMS COURT. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Replaces private automobile insurance system with state administered program of required, basic automobile insurance if Insurance Commissioner determines that average private premiums equal or exceed Proposition 103's rollback level or that average percentage of vehicles without required insurance exceeds 15 percent. Specifies operation of program. Regulates attorney fees in vehicle accident cases. Creates "automobile claims court" to resolve claims up to $15,000 under state issued insurance. Requires informal proceedings without attorneys or jury. Establishes consumer board. Provides penalties for violations. Permits statutory amendments by 2/3 vote of Legislature. …

State Administered Auto Insurance. Auto Claims Court. Initiative Constitutional Amendment And Statute.

Initiatives

STATE ADMINISTERED AUTO INSURANCE. AUTO CLAIMS COURT. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Replaces private auto insurance system with state administered program of required, basic auto insurance if Insurance Commissioner determines that average private premiums exceed Proposition 103's rollback level or that average percentage of vehicles without required insurance exceeds 15 percent. Specifies operation of program. Regulates attorney fees in vehicle accident cases. Creates "auto claims court" to resolve claims up to $15,000 under state issued insurance. Requires informal proceedings without attorneys or jury. Establishes consumer board. Provides penalties for violations. Permits statutory amendments by 2/3 vote of Legislature. Summary of …

Murray V. Giarratano: Right To Counsel In Postconviction Proceedings In Death Penalty Cases, Alice Mcgill

UC Law Constitutional Quarterly

No abstract provided.

Personal Reflections On Art Law, Jessica L. Darraby

UC Law SF Communications and Entertainment Journal

No abstract provided.

A Continuing Source Of Aggravation: The Improper Consideration Of Mitigating Factors In Death Penalty Sentencing, Joshua N. Sondheimer

UC Law Journal

Whether a capital defendant is to be executed or instead receive life imprisonment typically is determined under modern death penalty statutes through a process of weighing the aggravating and mitigating circumstances in each defendant's case. The United States Supreme Court recently acknowledged what perceptive judge and commentators had been saying for some time-that juries in capital cases, without adequate guidance, may improperly consider certain mitigating factors as factors favoring execution. This problem may occur for instance, when the jury views a defendant's mental disorder as a factor in aggravation because it indicates a propensity for future dangerous behavior. The Supreme …

The Impact Of European Community Antitrust Law On United States Companies, William Brown

UC Law SF International Law Review

This Article examines two developments which have made EC competition (or anti-trust) law increasingly important to non- EC companies. First, the European Court's ruling in the Woodpulp case has confirmed the Commission's jurisdiction to apply EC competition law to companies whose agreements or practices affect competition within the Community, even where those companies are based outside, and have no place of business within, the Community. The Article examines the implications of the judgment. Secondly, in preparation for 1992, more and more non-EC companies are acquiring shareholdings in, or forming joint ventures with, EC companies, and competition law has an important …

California Lawyers For The Arts, Alma Robinson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Museum Collection Care Problems And California's Old Loan Legislation, Judith L. Teichman

UC Law SF Communications and Entertainment Journal

A number of museums have problems associated with objects which have been in their custody for many years. Sometimes it is unclear whether the objects were originally loans or gifts; in other cases, the lender has died or otherwise lost contact with the museum. This Essay describes what has led to these situations and the resulting dilemmas, including the difficulty of litigating claims to the objects. It describes the reasoning behind the factual support for various provisions in the California legislation governing loans to museums. The author concludes that the legislation will prevent a recurrence of the identified problems and …