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Articles 931 - 960 of 1018
Full-Text Articles in Entire DC Network
The Constitutionality Of Business Regulation In The Burger Court: Revival And Restraint, Scott M. Reznick
The Constitutionality Of Business Regulation In The Burger Court: Revival And Restraint, Scott M. Reznick
UC Law Journal
Historically, the Supreme Court has followed one or another extreme view of the constitutionality of business regulation. This Article categorizes and reviews the Burger Court's significant business regulation decisions according to an analysis of the market economy functions served by the regulation in question. The Article demonstrates that the Burger Court, unlike its predecessors, has employed several standards of review. The Article concludes that the Burger Court has developed a manageable and relatively consistent analytical methodology, rooted in prevailing political economic values, to establish its view of the constitutional relationship between private property and the public welfare.
Concealable Firearms
Initiatives
CONCEALABLE FIREARMS - INITIATIVE STATUTORY AMENDMENT. Provides for registration of all concealable firearms before July 1, 1981. After June 30, 1981, prohibits possession of concealable firearms except those registered prior to July 1, 1981. Exempts certain governmental officers and agencies. Prohibits transfer of concealable firearms other than by licensed dealer to anyone except licensed dealer. Prohibits transfer by anyone, including licensed dealer, of any concealable firearm not registered before July 1, 1981. Allows transfer of properly registered firearm upon death of owner. Fiscal impact: Undetermined effect on state and local revenues. Probably no increased costs to state and local governments.
The Great Executive Hand Of Criminal Justice: The Crime Problem And The Activist Judge, Martin Lyon Levine
The Great Executive Hand Of Criminal Justice: The Crime Problem And The Activist Judge, Martin Lyon Levine
UC Law Constitutional Quarterly
No abstract provided.
Pryor V. Municipal Court: California's Narrowing Definition Of Solicitation For Public Lewd Conduct, Lawrence Carl Levine
Pryor V. Municipal Court: California's Narrowing Definition Of Solicitation For Public Lewd Conduct, Lawrence Carl Levine
UC Law Journal
No abstract provided.
Nonpartisan Speech In The Police Department: The Aftermath Of Pickering, Kevin William Finck
Nonpartisan Speech In The Police Department: The Aftermath Of Pickering, Kevin William Finck
UC Law Constitutional Quarterly
No abstract provided.
Alien Land Laws: Constitutional Limitations On State Power To Regulate, James Alan Huizinga
Alien Land Laws: Constitutional Limitations On State Power To Regulate, James Alan Huizinga
UC Law Journal
No abstract provided.
California Penal Code Section 647(E): A Constitutional Analysis Of The Law Of Vagrancy, Lois M. Keenan
California Penal Code Section 647(E): A Constitutional Analysis Of The Law Of Vagrancy, Lois M. Keenan
UC Law Journal
No abstract provided.
Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui
Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui
UC Law SF International Law Review
This note contains, for the practitioner's use, an index of most bilateral treaties between the United States and Japan. This index is intended to aid attorneys in the complex area of treaty law between the United States and Japan.
Raoul Berger's Fourteenth Amendment--Abuse By Contraction Vs. Abuse By Expansion, Wallace Mendelson
Raoul Berger's Fourteenth Amendment--Abuse By Contraction Vs. Abuse By Expansion, Wallace Mendelson
UC Law Constitutional Quarterly
No abstract provided.
The Era: The Task Ahead, Leo Kanowitz
The Era: The Task Ahead, Leo Kanowitz
UC Law Constitutional Quarterly
No abstract provided.
All Sail And No Anchor--Judicial Review Under The California Constitution, George Deukmejian, Clifford K. Thompson Jr.
All Sail And No Anchor--Judicial Review Under The California Constitution, George Deukmejian, Clifford K. Thompson Jr.
UC Law Constitutional Quarterly
No abstract provided.
Punitive Damages And The Intoxicated Driver: An Approach To Taylor V. Superior Court, Santiago Fernandez
Punitive Damages And The Intoxicated Driver: An Approach To Taylor V. Superior Court, Santiago Fernandez
UC Law Journal
This Note examines the applicability of punitive damages to California cases involving intoxicated drivers. Particular attention is paid to the concept of malice as required for the allowance of punitive awards under California Civil Code section 3294, and the adoption of an alternative standard for defining malice under the statute is suggested. The Note concludes that as a matter of public policy, and as a means of deterring intoxicated drivers, punitive damages should be allowed when the facts of a case demonstrate a conscious disregard on the part of the defendant for the safety of others.
Journalists And Tape Recorders: Does Participant Monitoring Invade Privacy, Kent R. Middleton
Journalists And Tape Recorders: Does Participant Monitoring Invade Privacy, Kent R. Middleton
UC Law SF Communications and Entertainment Journal
No abstract provided.
Societal, Managerial, And Legal Perspectives On Corporate Social Responsibility--Product And Process, Edwin M. Epstein
Societal, Managerial, And Legal Perspectives On Corporate Social Responsibility--Product And Process, Edwin M. Epstein
UC Law Journal
The author analyzes corporate social responsibility in light of the particularly central historical and economic position of the business organization in American life. He examines the concept of business responsibility in terms of both corporate ends and the process of corporate governance and concludes that this concept will continually shift with changing societal expectations.
Individual Freedoms In Today's World; Laws And Reality, Wilhelm Karl Geck
Individual Freedoms In Today's World; Laws And Reality, Wilhelm Karl Geck
UC Law SF International Law Review
The author analyses the present world situation with regard to human rights both as found in the constitutional systems of the world's states, and as evidenced by reports of Amnesty International and Freedom House. The article was originally delivered as a lecture before the German Red Cross.
Legal Malpractice And Compulsory Client Protection, Benjamin Franklin Boyer, Gary Conner
Legal Malpractice And Compulsory Client Protection, Benjamin Franklin Boyer, Gary Conner
UC Law Journal
The authors discuss the need for a compulsory professional liability insurance plan for attorneys as a means of protecting members of the public from legal malpractice. The proposed plan would be on a claims-made basis by a public corporation. The authors suggest that such a plan would complete the present professional responsibility scheme, while benefiting both the profession and the public. The authors state that a Professional Liability Fund may be imposed through the inherent power of the court over attorneys or through the police power of the state.
Hastings Law News Vol.10 No.3, Uc Hastings College Of The Law
Hastings Law News Vol.10 No.3, Uc Hastings College Of The Law
Hastings Law News (1969/70-2001/02)
No abstract provided.
Hastings Law News Vol.9 No.11, Uc Hastings College Of The Law
Hastings Law News Vol.9 No.11, Uc Hastings College Of The Law
Hastings Law News (1969/70-2001/02)
No abstract provided.
Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio
Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio
UC Law SF Communications and Entertainment Journal
The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.
United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes
United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes
UC Law SF International Law Review
In United States v. Hollinshead, the defendants were convicted of violating a federal penal statute and subjected to criminal penalties in the United States for the importation of Mayan artifacts illegally exported from Guatemala. The case held, in effect, that articles not characterized as stolen under the laws of the United States may still become the basis for violation of 18 USC ยง 2314, interstate transportation of stolen property. In his note, the author analyzes the usefulness of this decision in the extraterritorial applications of United States penal laws.
Bivens And Its Progeny: The Scope Of A Constitutional Cause Of Action For Torts Committed By Government Officials, Michael P. Lehmann
Bivens And Its Progeny: The Scope Of A Constitutional Cause Of Action For Torts Committed By Government Officials, Michael P. Lehmann
UC Law Constitutional Quarterly
No abstract provided.
Establishment Clause Neutrality And The Reasonable Accomodation Requirement, David E. Wheeler
Establishment Clause Neutrality And The Reasonable Accomodation Requirement, David E. Wheeler
UC Law Constitutional Quarterly
No abstract provided.
Young V. American Mini Theatres, Inc.: Creating Levels Of Protected Speech, Cynthia D. Stevenin
Young V. American Mini Theatres, Inc.: Creating Levels Of Protected Speech, Cynthia D. Stevenin
UC Law Constitutional Quarterly
No abstract provided.
Toward The Preservation Of Personal Privacy: Chief Justice Wright's Opinions On Search And Seizure And The Right Of Privacy, Kenneth L. Jesmore
Toward The Preservation Of Personal Privacy: Chief Justice Wright's Opinions On Search And Seizure And The Right Of Privacy, Kenneth L. Jesmore
UC Law Constitutional Quarterly
No abstract provided.
A Better Test For Obscenity: Better For The States--Better For Libertarians, Arnold H. Loewy
A Better Test For Obscenity: Better For The States--Better For Libertarians, Arnold H. Loewy
UC Law Journal
No abstract provided.
The Devil And The D.A.: The Civil Abatement Of Obscenity, Sharon Anne Watkins
The Devil And The D.A.: The Civil Abatement Of Obscenity, Sharon Anne Watkins
UC Law Journal
No abstract provided.
Untangling Tarasoff: Tarasoff V. Regents Of The University Of California, Brad Stuart Seligman
Untangling Tarasoff: Tarasoff V. Regents Of The University Of California, Brad Stuart Seligman
UC Law Journal
The duty of psychotherapists to warn threatened third persons of serious danger from their patients was established by the California Supreme Court in Tarasoff v. Regents. After a rehearing, the court in a second opinion modified its holding to provide for a more flexible duty. The author discusses the second opinion, its place in developing concepts of liability, and the major criticisms of the holding. The Note discusses the problem of foreseeability and proposes a standard of care.
Making The Constable Culpable: A Proposal To Improve The Exclusionary Rule, Alys Rae Boker, Carol A. Corrigan
Making The Constable Culpable: A Proposal To Improve The Exclusionary Rule, Alys Rae Boker, Carol A. Corrigan
UC Law Journal
Responding to the shortcomings of the exclusionary rule, the authors propose the creation of an agency to impose sanctions on police who violate the fourth amendment, and they argue that an administrative remedy would be an effective substitute for the existing rule.
Bingo
Propositions
BINGO. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Permits Legislature to authorize cities and counties to provide for bingo games, but only for charitable purposes. Financial impact: None on state; nominal fiscal effects on cities and counties.
Political Aspects Of Public Sector Interest Arbitration, Joseph R. Grodin
Political Aspects Of Public Sector Interest Arbitration, Joseph R. Grodin
Faculty Scholarship
No abstract provided.