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Articles 901 - 930 of 1018
Full-Text Articles in Entire DC Network
The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein
The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein
UC Law Constitutional Quarterly
No abstract provided.
The Emerging Good Faith Exception To The Miranda Rule--A Critique, Martin R. Gardner
The Emerging Good Faith Exception To The Miranda Rule--A Critique, Martin R. Gardner
UC Law Journal
Several Justices of the United States Supreme Court have espoused a "good faith" exception to the fourth amendment exclusionary rule. The exception would permit the use at trial of evidence obtained by government agents who reasonably, but mistakenly, believed they were conducting a legal search and seizure. The Court has broached the subject of an analogous good faith exception for evidence obtained in violation of the fifth amendment privilege against self-incrimination. Several Justices have suggested that a violation of "Miranda rights" during police interrogation of a criminal suspect should not necessarily prevent the resulting evidence from being used at the …
Chief Justice Traynor And Choice Of Law Theory, Herma Hill Kay
Chief Justice Traynor And Choice Of Law Theory, Herma Hill Kay
UC Law Journal
Chief Justice Traynor broke new ground in many areas of conflict of laws; his influence was greatest, however, in the development of choice of law theory. Several writers have noted Justice Traynor's reliance in this area on Professor Brainerd Currie's governmental interest analysis. This Article discusses Justice Traynor's contribution to choice of law theory. The Article first examines the early development of his approach as exhibited in his first five choice of law opinions. It then discusses Professor Currie's governmental interest analysis theory and the impact it had on Justice Traynor's views. The Article recounts the collaboration between Traynor and …
Seven Deadly Sins Of Straining The Constitution Through A Pseudo-Scientific Sieve, Laurence H. Tribe
Seven Deadly Sins Of Straining The Constitution Through A Pseudo-Scientific Sieve, Laurence H. Tribe
UC Law Journal
In recent years the Supreme Court often has followed the modern trend and applied cost-benefit analysis to reach its decisions. Professor Tribe, the second annual Mathew 0. Tobriner Memorial Lecturer, criticized the use of this technocratic mode of analysis by a constitutional court. His critique focused on seven essential dangers of that mode of analysis: (1) The devaluation of process as an end in itself, (2) Ignoring the disparity in how alternative rules affect the rich and poor, (3) Focusing on the tangible effects of challenged governmental practices to the exclusion of intangibles, (4) Allowing case-by-case decisionmaking to obscure the …
What's Entertainment - An Inquiry Into The Educational And Amusing Aspects Of Educational Play Parks, Jennifer J. Martin
What's Entertainment - An Inquiry Into The Educational And Amusing Aspects Of Educational Play Parks, Jennifer J. Martin
UC Law SF Communications and Entertainment Journal
An innovative type of amusement park offering a blend of education and entertainment is emerging throughout the country. The author discusses whether these educational play parks should be considered as educational facilities or amusement parks for state and local amusement tax purposes. The focus of the discussion is the examination of the terms "education" and "amusement." The author analyzes the impact of the ruling in Big Mama Rag, Inc. v. United States, and the issues in the dispute between the first educational play park, Sesame Place, and the township of Middleton.
Journalists' Interference With Police: The First Amendment, Access To News And Official Discretion, Kent R. Middleton
Journalists' Interference With Police: The First Amendment, Access To News And Official Discretion, Kent R. Middleton
UC Law SF Communications and Entertainment Journal
A journalist at a news scene, such as the site of a car accident with trapped victims, may be denied access by police officer who believes the journalist's presence will hinder his performance. In such situations, the journalist's interest in access to obtain news and the officer's interest in performing official duties are in conflict. This conflict is analyzed in the author's discussion of New Jersey v. Lashinsky where a news photographer refused to leave a news scene at an officer's request and was prosecuted and convicted for interference. The author argues that the New Jersey Supreme Court improperly upheld …
Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer
Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer
UC Law Constitutional Quarterly
No abstract provided.
Preemption Of Reconcilable State Regulation: Federal Benefit Schemes V. State Marital Property Law, James A. Riddle
Preemption Of Reconcilable State Regulation: Federal Benefit Schemes V. State Marital Property Law, James A. Riddle
UC Law Journal
Federal preemption analysis determines the validity of state regulation that arguably conflicts with federal regulation. This Comment examines recent application of federal preemption analysis by the United States Supreme Court in Hirquierdo v. Hisquierdo, McCarty v. McCarty and Ridgway v. Ridgway. Because these decisions involve state marital property law and various federal benefit schemes, they illustrate the Burger Court's approach to the federal preemption of largely unrelated state regulation. The Comment concludes that where the goals of state and federal regulation differ. orthodox preemption doctrine should be modified to include an assessment of the relative importance of the state and …
Taxes
Initiatives
TAXES. INITIATIVE CONSTITUTIONAL AMENDMENT. Proposition 13, adopted in 1978, limits ad valorem taxes on real property to maximum rate of 1% of properties value base (1975-76) and limits annual base increases to 2% until property changes ownership or new construction occurs. This amendment would: (1) Retain these limits on residential and agricultural property. (2) Raise maximum tax rate to 1 1/3% and remove limit on annual increase in value base on all other property. (3) Exempt 50% of increase in value base on change of ownership of residential property as long as occupied by new owner. Provides for renter's tax …
Guns
Initiatives
GUNS. INITIATIVE STATUTE. Adds and amends statutes concerning ownership, registration, and sale of guns. Requires that all concealable firearms be registered by November 2, 1983. Makes registration information confidential. Specifies procedures concerning sale and transfer of registered guns by dealers and private parties. Restricts Legislature's authority to enact laws: (1) prohibiting ownership of registered guns, (2) banning ownership or sale or requiring registration of shotguns and long rifles. Limits number of concealable firearms to number in circulation in California on April 30, 1983. Specifies violation penalties. Provides specified civil damage liability upon unlawful transfer of concealable firearms. Contains other provisions. …
Federal Preemption Of State Obscenity Law Applied To Broadcasting, William Hanks, Steve Coran
Federal Preemption Of State Obscenity Law Applied To Broadcasting, William Hanks, Steve Coran
UC Law SF Communications and Entertainment Journal
With the expansion of cable and free-air subscription television into more markets, interstate transmission by satellite and by broadcasting have frequently included R-rated movies. This increases the likelihood that states will apply obscenity laws and other laws related to program content to television programming. This article argues that state obscenity laws applied to broadcasting are preempted by federal law. There are several grounds for concluding that Congress intended to preempt: (1) the Communications Act empowered the FCC to establish a nationwide telecommunications system, and it is probable that state obscenity laws would conflict with each other and with federal broadcast …
Taxation. Real Property Valuation. New Construction.
Taxation. Real Property Valuation. New Construction.
Propositions
TAXATION. REAL PROPERTY VALUATION. NEW CONSTRUCTION. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Under existing constitutional provisions, real property is reappraised for ad valorem tax purposes when "newly constructed." This measure adds to existing definitions and allowed exceptions a provision that the Legislature may provide that the term "newly constructed" shall not include the construction or addition of any fire sprinkler system or fire alarm system, as defined by the Legislature, provided that the construction or addition is not required by state law or local ordinance. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: No impact until implemented by …
Criminal Justice.
Propositions
CRIMINAL JUSTICE. INITIATIVE STATUTES AND CONSTITUTIONAL AMENDMENT. Amends Constitution and enacts several statutes concerning procedural treatment, sentencing, release, and other matters for accused and convicted persons. Includes provisions regarding restitution to victims from persons convicted of crimes, right to safe schools, exclusion of relevant evidence, bail, use of prior felony convictions for impeachment purposes or sentence enhancement, abolishing defense of diminished capacity, use of evidence regarding mental disorder, proof of insanity, notification and appearance of victims at sentencing and parole hearings, restricting plea bargaining, Youth Authority commitments, and other matters. Summary of Legislative Analyst's estimate of net state and local …
California's Nuclear Power Regulations: Federal Preemption, Dan M. Berkovitz
California's Nuclear Power Regulations: Federal Preemption, Dan M. Berkovitz
UC Law Constitutional Quarterly
No abstract provided.
The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver
The Zoning Of Adult Entertainment: How Far Can Planning Commissions Go, Raymond H. Aver
UC Law SF Communications and Entertainment Journal
Since 1976, when the United States Supreme Court decided Young v. American Mini Theaters, municipalities across the country have enacted zoning ordinances regulating adult entertainment, patterned after the ordinance upheld in Young. Unlike the ordinance in Young, many of these later ordinances have resulted in limitations upon protected speech. This note suggests a framework for analyzing the constitutionality of ordinances and moratoria which regulated the location of adult entertainment establishments.
Gift And Inheritance Taxes (Proponent Miller).
Gift And Inheritance Taxes (Proponent Miller).
Propositions
GIFT AND INHERITANCE TAXES (Proponent Miller). LEGISLATIVE STATUTE. Repeals existing statutes governing gift and inheritance taxes. Prohibits imposition of gift or inheritance taxes. Reenacts state "pickup" tax on decedents' estates at rate set by schedule of credits for state death taxes under specified provisions of the United States Internal Revenue Code. Requires Legislature to provide for collection and administration of this tax. See analysis of Legislative Analyst in Ballot Pamphlet for discussion of effective date of this measure. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Reduce state inheritance and gift tax revenues by about …
Gift And Inheritance Taxes (Proponent Roger).
Gift And Inheritance Taxes (Proponent Roger).
Propositions
GIFT AND INHERITANCE TAXES (Proponent Rogers). INITIATIVE STATUTE. Repeals existing statutes governing gift and inheritance taxes. Prohibits imposition of such taxes by state or local government. Reenacts state "pickup" tax on decedents' estates measured by maximum credit against federal estate taxes allowed by federal law and provides that combined estate tax liability to California and United States cannot exceed tax liability to United States for property located in California if state tax not imposed. Requires Legislature provide for collection and administration of this tax. See analysis of Legislative Analyst in Ballot Pamphlet for discussion of effective date of this measure. …
Bail.
Propositions
BAIL. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Adds provisions to the Constitution prohibiting release of persons on bail when court makes specified findings. Release on felony offenses is prohibited where: (1) Acts of violence on another person are involved and court finds substantial likelihood the person's release would result in great bodily harm to others. (2) The person has threatened another with great bodily harm and court finds substantial likelihood the person would carry out the threat. In fixing bail, requires court to consider seriousness of offense, previous criminal record, and probability of appearance at trial. Retains existing provisions regarding releases on bail. …
Handgun Registration
Propositions
GUNS. INITIATIVE STATUTE. Adds and amends statutes concerning ownership, registration, and sale of guns. Requires that all concealable firearms (handguns) be registered by November 2, 1983. Makes registration information confidential. Specifies procedures concerning sale and transfer of handguns by dealers and private parties. Restricts Legislature from banning ownership of shotguns, long rifles, or registered handguns and from requiring registration of shotguns or long rifles. Limits number of handguns to number in circulation in California on April 30, 1983. Specifies violation penalties, including imprisonment for certain violations. Provides specified civil damage liability upon unlawful transfer of concealable firearms. Contains other provisions. …
New Prison Construction Bond Act Of 1981
New Prison Construction Bond Act Of 1981
Propositions
NEW PRISON CONSTRUCTION BOND ACT OF 1981. This act provides for a bond issue of four hundred ninety-five million dollars ($495,000,000) to be used for the construction of the state prisons.
Criminal Justice
Initiatives
CRIMINAL JUSTICE. INITIATIVE STATUTES AND CONSTITUTIONAL AMENDMENT. Amends Constitution and enacts several statutes concerning procedural treatment, sentencing, release, and other matters for accused and convicted persons. Includes provisions regarding restitution to victims from persons convicted of crimes, right to safe schools, exclusion of relevant evidence, bail, use of prior felony convictions for impeachment purposes or sentence enhancement, abolishing defense of diminished capacity, use of evidence regarding mental disorder, proof of insanity, notification and appearance of victims at sentencing and parole hearings, restricting plea bargaining, Youth Authority commitments, resentencing of persons previously committed as mentally disordered sex offenders, and other matters. …
Habitual Criminal - Third Conviction
Habitual Criminal - Third Conviction
Initiatives
HABITUAL CRIMINAL. THIRD CONVICTION. STATUTORY INITIATIVE. Provides that any person who has previously been tried and convicted twice for specified felonies upon charges separately brought and for each of which the person has served a separate prison term, Youth Authority commitment, or mentally disordered sex offender commitment, shall be adjudged an habitual criminal if tried and convicted a third time for any of the specified felonies. Every person adjudged an habitual criminal shall be imprisoned in state prison for life and not be eligible for release on parole for a minimum term of at least 20 years. Fiscal impact on …
Habitual Criminal. Third Conviction
Habitual Criminal. Third Conviction
Initiatives
HABITUAL CRIMINAL. THIRD CONVICTION. INITIATIVE CONSTITUTIONAL AMENDMENT. Provides that any person who has previously been tried and convicted twice for specified felonies upon charges separately brought and for each of which the person has served a separate prison term, Youth Authority commitment, or mentally disordered sex offender commitment, shall be adjudged an habitual criminal if tried and convicted a third time for any of the specified felonies. Every person adjudged an habitual criminal shall be imprisoned in state prison for life and not be eligible for release on parole for a minimum term of at least 20 years. Fiscal impact …
Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson
Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Municipal Ownership Of Cable Television: Some Issues And Problems, Michael J. Henderson
Municipal Ownership Of Cable Television: Some Issues And Problems, Michael J. Henderson
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
UC Law Constitutional Quarterly
No abstract provided.
A Chance To Be Heard: An Application Of Bellotti V. Baird To The Civil Commitment Of Minors, Katharine A. Butler
A Chance To Be Heard: An Application Of Bellotti V. Baird To The Civil Commitment Of Minors, Katharine A. Butler
UC Law Journal
No abstract provided.
American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav
American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav
UC Law Constitutional Quarterly
No abstract provided.
Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry
Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry
UC Law Journal
No abstract provided.
Age Discrimination In Employment And The Permissibility Of Occupation Age Restrictions, Marc Rosenblum
Age Discrimination In Employment And The Permissibility Of Occupation Age Restrictions, Marc Rosenblum
UC Law Journal
No abstract provided.