Digital Commons Network^™

Attorneys And The California Athlete Agencies Act: The Toll Of The Bill, Adam B. Nimoy, Jackson D. Hamilton

UC Law SF Communications and Entertainment Journal

Agents have become a rising force in the sports industry. Their increased role in contract negotiations has brought with it increased scandal. The authors analyze the problems with the regulations promulgated by the various player associations as well as the California Athlete Agencies Act. The authors focus on the efforts of the California Legislature to alleviate these problems by amending the Act with Senate Bill 11 this year. The authors applaud the amendment and state that, with more involvement by the player associations, the sports industry will be much improved.

The Taking Issue In California's Legal Services Trust Account Program, Mary O'Byrne Sinibaldi

UC Law Constitutional Quarterly

No abstract provided.

Public Policy Limitations On Cohabitation Agreements: Unruly Horse Or Circus Pony?, H.G. Prince

Faculty Scholarship

No abstract provided.

Hastings Law News Vol.18 No.3, Uc Hastings College Of The Law

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

No abstract provided.

Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential, Joan Steinman

UC Law Journal

The United States Supreme Court has been shaping the concept of the public trial in recent years. In so doing, the Court has expanded public access to judicial proceedings and records. At the same time, parties have increasingly sought to litigate pseudonymously in an effort to keep their identities confidential. Litigants often wish to remain anonymous when the matters at issue are particularly private, stigmatizing, or so unpopular that the risk of retaliation is present. Additionally, public law litigators have attempted to expand the use of pseudonyms from the realm of sensitive private disputes to public interest controversies involving unpopular …

Hastings Law News Vol.18 No.1, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.17 No.2, Uc Hastings College Of The Law

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

No abstract provided.

The Applicability Of State Action Doctrine To Private Broadcasters, Ruth Walden

UC Law SF Communications and Entertainment Journal

In light of the "deregulatory fever" currently in vogue in Washington, claims of a first amendment right of access to the broadcasting media are being heard again. Many groups are hoping to use the Constitution

to fill the access gap that would be left by elimination of policies like the fairness doctrine. Before such an approach can succeed, however, the government action requirement of the first amendment must be met; without state action, the first amendment is simply inapplicable. In this article, the author analyzes previous attempts to apply state action doctrine to broadcasters and the judicial responses they engendered. …

Regulation Of Attorney Debt Collectors--The Role Of The Ftc And The Bar, Wayne K. Lewis

UC Law Journal

In response to the pervasive abuses associated with debt collection practices. Congress in 1977 enacted the first comprehensive federal debt collection statute, the Fair Debt Collection Practices Act (FDCPA), prohibiting a broad range of practices, establishing a private cause of action for the injured consumer, and providing for administrative enforcement primarily by the Federal Trade Commission (FTC). The FDCPA specifically exempts attorneys collecting debts on behalf of and in the name of a client from its broad definition of "debt collector." Because an increasing number of attorneys are engaging in debt collection as a significant part of their work, it …

The Limits Of Advocacy: A Proposal For The Tort Of Malicious Defense In Civil Litigation, Jonathan K. Van Patten, Robert E. Willard

UC Law Journal

Courts in most American jurisdictions have long imposed civil liability on plaintiffs who misuse court processes by asserting malicious or abusive claims. In contrast, no jurisdiction has explicitly recognized tort liability for corresponding actions by defendants. This disparity is anomalous in the light of defendants' increasing tendency to deny claims they know are valid in order to harass plaintiffs, to delay litigation, or to force an unfair settlement. Plaintiffs effectively are left with no remedy if a defendant decides to use judicial processes for such collateral purposes. In addition, the resulting protracted litigation clogs already overburdened courts. This Article argues …

Hastings Law News Vol.17 No.1, Uc Hastings College Of The Law

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

No abstract provided.

Implying Rights Of Action For Minorities And The Poor Through Presumptions Of Legislative Intent, Stephen E. Ronfeldt

UC Law Journal

If Congress does not provide an express cause of action when creating a statutory right, federal courts must imply a private right of action if plaintiffs are to obtain judicial relief. This Article argues that the Supreme Court's restrictive legislative intent test for finding implied rights of action could effectively eliminate implied rights of action, with harsh consequences for the poor and minorities. The Article analyzes the development of implied rights of action, identifies the concept of "presumption of enforceability," and then examines the Court's application of this concept. The Article argues that federal courts, rather than strictly construing the …

Private Bar Delivery Of Civil Legal Services To The Poor: A Design For A Combined Private Attorney And Staffed Office Delivery System, Andrea J. Saltzman

UC Law Journal

Since the advent of federally funded civil legal services to the poor, there has been a debate over which is the better delivery system for those services-the staffed office delivery system or the private attorney (judicare) delivery system. This Article does not join that debate, but rather proposes a hybrid delivery system that combines elements of both the staffed office and judicare systems. After an overview of the delivery system debate, the Article discusses the potential of a combined delivery system and presents a detailed design for such a system. The proposal includes a discussion of: type of panel; the …

Public Interest Practice In Practice: The Law And Reality, Anita P. Arriola, Sidney M. Wolinsky

UC Law Journal

At its best, the practice of public interest law is exciting, stimulating, and intensely rewarding. At its worst, public interest practice is frustrating and fraught with institutional obstacles. Ironically, at a time when demand for public interest legal services is increasing, the supply of such services is decreasing. This Commentary examines the roles of law schools, lawyers and bar associations, and government as contributors to this dilemma. The Commentary then discusses five representative cases of one public interest law firm, Public Advocates, Inc., to illustrate several problems facing public interest lawyers. The Commentary challenges law schools, bar associations, and the …

The Role Of Mediation In Public Interest Disputes, Barbara Ashley Phillips, Anthony C. Piazza

UC Law Journal

The past two decades have seen a rapid increase in public interest litigation. However, in a time of decreased public funding, the survival of public interest law practice may depend on the availability of less costly alternatives to litigation. This Commentary suggests and explores one alternative: mediation. The Commentary first describes the mediation process and its general contribution to dispute resolution, and then addresses the particular value of mediation in public interest disputes. The Commentary proposes incorporating mediation into the public interest dispute resolution process, including judicial screening for cases ripe for mediation, and exploration by the federal government of …

Hastings Law News Vol.16 No.2, Uc Hastings College Of The Law

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

No abstract provided.

Protecting And Regulating Commercial Speech: Consumers Confront The First Amendment, Barbara Burnett

UC Law SF Communications and Entertainment Journal

Although courts have determined the necessity of regulating commercial speech, first amendment considerations also require commercial speech be accorded a certain amount of protection from regulation. Preventing false and deceptive advertising is the express goal of such regulation. The author suggests a functional analysis approach be applied to commercial speech to determine the extent of first amendment protection due. Functional analysis would break down commercial messages into those that are factually verifiable and those that are subjective. The author suggests this approach would be the first step to providing a standard by which messages may be evaluated for constitutional protection.

Political Finance And The American Political Parties, David Adamany

UC Law Constitutional Quarterly

No abstract provided.

Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services, Geoffrey C. Hazard Jr., Russell G. Pearce, Jeffrey W. Stempel

Faculty Scholarship

No abstract provided.

Hastings Law News Vol.16 No.1, Uc Hastings College Of The Law

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

No abstract provided.

From Reynolds V. Sims To City Of Mobile V. Bolden: Have The White Suburbs Commandeered The Fifteenth Amendment, James U. Blacksher, Larry T. Menefee

UC Law Journal

In 1964, the United States Supreme Court held that the fourteenth amendment requires state legislatures to apportion themselves by population. The new constitutional rule of one person, one vote set forth in Reynolds v. Sims was derived largely from decisions prohibiting racial discrimination in voting under the fifteenth amendment. In decisions following Reynolds, the Court recognized that the one-person, one-vote standard could be satisfied by creation of multimember districts or at-large voting plans that would be likely to disadvantage racial minorities. This Article traces the development of the problem of minority vote dilution and the Court's attempts to articulate standards …

Hastings Community Vol. Xxvi, No.3 (May 1982), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.15 No.6, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.15 No.5, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.15 No.4, Uc Hastings College Of The Law

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

No abstract provided.

Mississippi's Prohibition Of Alcoholic Beverage Advertising: A Constitutional Analysis, Charlotte K. Ito

UC Law SF Communications and Entertainment Journal

Mississippi prohibits alcoholic beverage advertising to further its interest in promoting temperance. This note applies the first amendment commercial speech standard to the advertising ban and concludes that the alcoholic beverage advertising ban is an unconstitutional restraint of free speech. Further consideration of the interplay between the first and twenty first amendments indicates that to the extent that the ban violates first amendment interests, it is unsupported by the twenty first amendment.

Hastings Community Vol. Xxvi, No.2 (January 1982), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Law, Medicine And The Mass Media: Uneasy Partners, Bernard Rubin

UC Law SF Communications and Entertainment Journal

Restraints have long been imposed on speech and advertising by doctors and lawyers with the result that members of these professions have traditionally feared publicity. Modern times, however, witness increasing exposure of the professions in the media. The author examines the traditional restraints, First Amendment implications, and the performance of the media in presenting legal and medical issues. He proposes new standards for medical and legal reporters and reports, and concludes that involvement in public debate should be part of satisfactory professional conduct.

Handicapped Advocacy: Inherent Barriers And Partial Solutions In The Representation Of Disabled Children, David H. Neely

UC Law Journal

Handicapped children have long had difficulty in obtaining effective legal representation. This Article first identifies the factors that have rendered such representation complex and problematic, then enumerates several responsibilities that must be undertaken by an effective advocate in this field. These duties include the duty to consult with the client, his or her caretakers, and outside consultants; the duty to identify and resolve conflicts among clients or between the attorney and his or her clients; and the duty to negotiate actively with adversaries and concerned nonparties. The Article reviews current and proposed A.B.A. Codes of Professional Responsibility and concludes that …

The Transformation Of The Attorney-Client Privilege: In Search Of An Ideological Reconciliation Of Individualism, The Adversary System, And The Corporate Client's Sec Disclosure Obligations, Michel Rosenfeld

UC Law Journal

The attorney-client privilege recently has undergone significant social, political, and ideological changes. This Article examines inherent tensions in the legal system as they are reflected in the attorney-client privilege-disaccord between individual rights and the good of society, the analogy between the corporation and the individual, and the conflict between the individual's right to privacy and mandatory public disclosure laws imposed on corporations. The Article questions whether the privilege will continue to provide meaningful protection to the attorney-client relationship within the modern legal system, and concludes that, to achieve this goal, courts should use a more flexible and adaptable approach to …