Digital Commons Network^™

Constitutionality Without Wisdom: Caplin &(And) Drysdale And Monsanto Examined, Dawn Cartwright

UC Law Constitutional Quarterly

No abstract provided.

Disparity In The Application Of Legal Principles As A Form Of Trade Restraint: Attorney-Client Privilege In The European Community, Dan R. Mastromarco

UC Law SF International Law Review

This Article briefly describes the origin of the Community confidentiality standard, emphasizing the disparate treatment accorded EC and non-EC attorneys. It discusses the nature of the American attorney-client privilege and the rationale for the privilege; it also explores the inherent problems presented in the EC position. The Article concludes by criticizing the decisions in the AM&S and Deere cases for going against the underlying spirit of the EC through the disparate application of legal principles.

The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine

UC Law Journal

Indigent litigants face enormous financial burdens in pursuing civil litigation. These burdens may be divided into two categories: access fees, including costs such as filing fees, and equipage costs, including attorney and expert witness fees. While litigation barriers for indigents have been lowered, courts generally have considered barriers to access rather than barriers to equipage. Yet access to a court may be of little practical significance without sufficient provision for equipage. Indeed, as this Article explains, an indigent's ability to obtain expert assistance can be a decisive factor in civil litigation.

Employing the equal protection clause and the due process …

Negligent Spoliation Of Evidence: Skirting The Suit Within A Suit Requirement Of Legal Malpractice Actions, Paul Gary Kerkorian

UC Law Journal

Typically, a plaintiff in a legal malpractice suit must prove by a preponderance of evidence that but for the attorney's alleged negligence, the client would have obtained a more favorable result in his underlying lawsuit. This so-called "suit within a suit" requirement forces the plaintiff to prove his underlying case in order to recover from the defendant attorney for mishandling it. This requirement can operate harshly against the plaintiff, especially when the attorney's own negligence makes evidence unavailable to the plaintiff and thereby makes proof of the underlying case by the client difficult or impossible. This Note proposes that the …

Deregulation Of The Practice Of Law: Panacea Or Placebo, Meredith Ann Munro

UC Law Journal

A battle is being waged in California to deregulate the practice of law-to create a free market in which all who wish to practice law may do so with! impunity. Deregulation advocates, including a committee of the California State Bar, point to the overwhelming need to provide affordable legal services for the poor and middle class. California presently has a large number of lay practitioners who are meeting this need by offering legal services that often cross over into the bounds of the unauthorized practice of law. Those who wish to maintain the status quo cite evidence that many of …

Second Prize: Federal Trade Commission V. Superior Court Trial Lawyers Association, Claudia Toussaint, Wesley Overson

David E. Snodgrass Moot Court Competition

No abstract provided.

Hastings Community (Spring 1989), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

A Proposal For The Development Of A System Of Indigenous Jurisprudence In The Federated States Of Micronesia, Brian Z. Tamanaha

UC Law SF International Law Review

Through a critical examination of the court decisions of the Federated States of Micronesia, this Article will establish that the Micronesians have failed in their efforts to develop a system of indigenous jurisprudence. To understand the reasons for this failure, this Article will survey similar attempts to merge custom into an improved legal system in decolonized areas around the world. Following the conclusion that the existing strategies applied to these situations cannot succeed, this Article will propose a new approach. The proposal rejects the focus on custom as a separate source of law, and instead emphasizes the role and nature …

Should Practicing Lawyers Be Legislators, George F. Carpinello

UC Law Journal

Legislators who are also practicing attorneys often face a conflict between their duty to further the interests of constituents and their duty to act in the best interests of their clients. These inevitable conflicts undermine not only the integrity of the legal profession, but also the public's trust in the democratic system. Although the organized bar has recognized the significance of this problem, its response has been weak and inconsistent. This Article recommends several solutions, including prohibiting lawyer- legislators or their law firms from appearing before state agencies, legislative lobbying, and representing any client directly or indirectly interested in legislative …

Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules, Thomas R. Andrews

UC Law Journal

Rules prohibiting nonlawyers from holding ownership or managerial interests in law firms remain on the books in practically every jurisdiction in the United States. This Article examines the history of these restrictions and concludes that the rules cannot be justified as necessary to protect the consumer because less restrictive alternatives are available. Indeed, the rules seem to owe their surprising tenacity more to the fact that they serve the profession's economic self-interest than to any valid public purpose. This Article argues that there is a need and a demand for innovative business arrangements between lawyers and nonlawyers. Such arrangements would …

After Professional Virtue, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Hastings Community (Fall 1988), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Community (Spring 1988), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Conflicts Of Interest And Effective Representation: The Dilemma Of Corporate Counsel, George D. Reycraft

UC Law Journal

No abstract provided.

The Corporation As Client: Problems, Perspectives, And Partial Solutions, James R. Mccall

UC Law Journal

No abstract provided.

The Sports Lawyer's Duty To Avoid Differing Interests: A Practical Guide To Responsible Representation, Robert E. Fraley, F. Russell Harwell

UC Law SF Communications and Entertainment Journal

As in the legal profession generally, lawyers in the sports representation area face numerous potential conflicts of interest in representing athletes and other sports personalities. The author maintains that, despite the pervasiveness of these ethical concerns, it is possible for a sports lawyer to maintain vigorous representation of multiple clients, as well as to "reasonably believe' that such interests will not "materially interfere" with the lawyer's "independent professional judgment." The author suggests that sports lawyers may avoid these conflicts if, following a full disclosure of all multiple interests, they obtain the knowing consent from their multiple clients, thereby narrowing the …

The Corporation As Client: Problems, Perspectives, And Partial Solutions, James R. Mccall

Faculty Scholarship

No abstract provided.

Hastings Community (Summer 1987), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.20 No.7, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Community (Spring 1987), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.20 No.5, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.20 No.4, Uc Hastings College Of The Law

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

No abstract provided.

Entering China Through The Sez Open Door, William N. Post Ii

UC Law SF International Law Review

One of the most important steps taken by the People's Republic of China in establishing its "open door" policy towards foreign businesses has been the establishment of four Special Economic Zones (SEZs). This Article outlines the objectives to be achieved through the SEZs, the extent to which these goals have been attained, and the advantages which accrue to foreign businesses by operating in SEZs. After enumerating the preferences available to foreign businesses that operate in the SEZs, the author describes the functions of the U.S. China Shantou Technology Trade Investment Resource, Ltd., which was established to facilitate entry into the …

Of Carrots And Sticks: Evaluating The Role Of The Class Action Lawyer, Mary Kay Kane

Faculty Scholarship

No abstract provided.

A Lawyer's Privilege Against Self-Incrimination In Professional Disciplinary Proceedings, Geoffrey C. Hazard Jr., Cameron Beard

Faculty Scholarship

No abstract provided.

Hastings Community (Fall 1986), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Nix V. Whiteside: The Lawyer's Role In Reponse To Perjury, James R. Mccall

UC Law Constitutional Quarterly

No abstract provided.

Crossing The Line: Issues Facing Entertainment Attorneys Engaged In Related Secondary Occupations, Donna G. Cole-Wallen

UC Law SF Communications and Entertainment Journal

What restrictions confront entertainment attorneys who become so involved in the affairs of their clients that they either inadvertently or purposely cross the line between personal representation and the functions of a talent agent or personal manager? Artists need protection in the marketplace. Attorneys want to provide such protection but, given current industry practices, they are at a disadvantage to do so. The author explores-the existing statutory, artists' union, and professional responsibility restraints and determines that the time may have come to change the rules. In conclusion, the author suggests alternative measures to alleviate the problem.

Scrutinizing Lawyer Advertising And Solicitation Rules Under Commercial Speech And Antitrust Doctrine, Judith L. Maute

UC Law Constitutional Quarterly

No abstract provided.

Hastings Law News Vol.18 No.4, Uc Hastings College Of The Law

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

No abstract provided.