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Articles 1051 - 1080 of 1339
Full-Text Articles in Entire DC Network
Criminal Law. .
Initiatives
CRIMINAL LAW: CONSTITUTIONAL AMENDMENT. INITIATIVE STATUTE. Amends Constitution regarding criminal cases to: direct courts afford accused no greater constitutional rights than afforded by federal Constitution; prohibit post-indictment preliminary hearings; express people's right to due process and speedy, public trials; permit hearsay at preliminary hearings; allow more joined actions; provide reciprocal discovery. Makes implementing statutory changes. Other changes include: expanding first degree murder definition; increasing penalties for specified murders; expanding special circumstance murders subject to capital offense provisions; increasing maximum punishment of minors convicted of first degree murder to life without parole; limiting preliminary examination testimony and discovery; limiting jury questioning. …
Admissibility Of Remedial Measures Evidence In Products Liability Actions: Towards A Balancing Test, Joyce M. Cartun
Admissibility Of Remedial Measures Evidence In Products Liability Actions: Towards A Balancing Test, Joyce M. Cartun
UC Law Journal
No abstract provided.
Erosion Of The Fifth Amendment Through The Use Of Defense Counsel As Witness, Wayne R. Gross
Erosion Of The Fifth Amendment Through The Use Of Defense Counsel As Witness, Wayne R. Gross
UC Law Journal
No abstract provided.
Criminal Law.
Initiatives
CRIMINAL LAW: CONSTITUTIONAL AMENDMENT. INITIATIVE STATUTE. Amends Constitution regarding criminal cases to: direct courts afford accused no greater constitutional rights than afforded by federal Constitution; prohibit post-indictment preliminary hearings; express people's right to due process and speedy, public trials; permit hearsay at preliminary hearings; allow more joined actions; provide reciprocal discovery. Makes implementing statutory changes. Other changes include: expanding first degree murder definition; increasing penalties for specified murders; expanding special circumstance murders subject to capital offense provisions; increasing maximum punishment of minors convicted of first degree murder to life without parole; limiting preliminary examination testimony and discovery; limiting jury questioning. …
New Prison Construction Bond Act Of 1988
New Prison Construction Bond Act Of 1988
Propositions
NEW PRISON CONSTRUCTION BOND ACT OF 1988. This act provides for a bond issue of eight hundred seventeen million dollars ($817,000,000) to provide urgently needed funds to relieve overcrowding in the state's prisons, county jails, and Youth Authority facilities through new construction.
Second Degree Murder Of Peace Officer. Minimum Term.
Second Degree Murder Of Peace Officer. Minimum Term.
Propositions
SECOND DEGREE MURDER OF PEACE OFFICER. MINIMUM TERM. LEGISLATIVE INITIATIVE AMENDMENT. Existing law enacted by initiative provides second degree murder penalty is 15 years to life in prison. Minimum term is reduced by good behavior credits, but not by parole. This measure increases the minimum prison term for second degree murder to 25 years in cases where the murderer knew or should have known the victim was a specified peace officer engaged in the performance of his or her duties. Person guilty of second degree murder under such circumstances must serve a minimum of 25 years without reduction. Summary of …
Governor's Parole Review.
Propositions
GOVERNOR'S PAROLE REVIEW. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Provides that no decision of the parole authority which grants, denies, revokes, or suspends the parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days. Permits Governor to review the decision during this period subject to statutory procedures. States that the Governor may only affirm, modify, or reverse a parole authority decision on the basis of the same factors which the parole authority may consider. Requires Governor to report to the Legislature the pertinent facts and reasons for each parole action. Summary …
Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach
Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach
UC Law SF International Law Review
Traditional religious law is enforced in both Saudi Arabia and Israel. In Saudi Arabia it is dominant and unchangeable, while in Israel the Knesset carefully selects when to use religious law. This Note examines the religious legal systems of Islam and Judaism as they are used in these countries. This Note particularly examines Islamic criminal law and Jewish family law. The Note also examines some of the problems that have been caused by the use of ancient legal systems.
Offensive Use Of The Insanity Defense: Imposing The Insanity Defense Over The Defendant's Objection, David S. Cohn
Offensive Use Of The Insanity Defense: Imposing The Insanity Defense Over The Defendant's Objection, David S. Cohn
UC Law Constitutional Quarterly
No abstract provided.
Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown
Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown
UC Law Constitutional Quarterly
No abstract provided.
The Light Between Twilight And Dusk: Federal Criminal Law And The Volitional Insanity Defense, Jodie English
The Light Between Twilight And Dusk: Federal Criminal Law And The Volitional Insanity Defense, Jodie English
UC Law Journal
With the enactment of the Insanity Defense Reform Act of 1984, sweeping changes were wrought in the scope of the federal insanity defense. Prior to the Act's passage, federal courts had provided grounds for exculpation for offenders who suffered from either volitional or cognitive impairments. The successful insanity defense of would-be presidential assassin John Hinckley, Jr., however, provided the impetus for this federal legislation which markedly restricts the availability of the insanity defense to defendants in a federal criminal trial. The Insanity Defense Reform Act eliminates all provisions for excusing the volitionally compromised offender and recognizes a defense only for …
The Case For Gay Rights, Matt Coles
Discerning Justice When Battered Women Kill, David L. Faigman
Discerning Justice When Battered Women Kill, David L. Faigman
UC Law Journal
No abstract provided.
Hastings Law News Vol.21 No.2, Uc Hastings College Of The Law
Hastings Law News Vol.21 No.2, Uc Hastings College Of The Law
Hastings Law News (1969/70-2001/02)
No abstract provided.
Hastings Law News Vol.20 No.8, Uc Hastings College Of The Law
Hastings Law News Vol.20 No.8, Uc Hastings College Of The Law
Hastings Law News (1969/70-2001/02)
No abstract provided.
Hastings Law News Vol.20 No.7, Uc Hastings College Of The Law
Hastings Law News Vol.20 No.7, Uc Hastings College Of The Law
Hastings Law News (1969/70-2001/02)
No abstract provided.
Cameras In The Courtroom: A First Amendment Right Of Access, Richard H. Frank
Cameras In The Courtroom: A First Amendment Right Of Access, Richard H. Frank
UC Law SF Communications and Entertainment Journal
In Westmoreland v. Columbia Broadcasting System, Inc., the U.S. Court of Appeals for the Second Circuit held that a per se ban on television access to a federal courtroom does not violate the first amendment to the U.S. Constitution. The author asserts that Westmoreland and two similar courts of appeal decisions upholding absolute prohibition of electronic access to judicial proceedings are indefensible under recent U.S. Supreme Court decisions such as Chandler v. Florida and the Richmond Newspapers, Inc. v. Virginia line of cases. The author details the widespread success of television access to courtrooms in over eighty percent of the …
A Sewing Lesson In Political Offense Determinations: Stitching-Up The International Terrorist's Loophole, Douglas Kuber
A Sewing Lesson In Political Offense Determinations: Stitching-Up The International Terrorist's Loophole, Douglas Kuber
UC Law SF International Law Review
Extradition treaties and international conventions have often proved ineffective as remedies against terrorism due to the "political offenses" exception which they often contain. This exception forbids the granting of any extradition request when the crime for which the accused is sought is "political in character and purpose." Due to widely varying interpretations of this exception, terrorists often escape justice simply by traveling to another country. This Note examines the policies underlying the political offenses exception and sets forth the interpretations given it by British, French, Swiss and United States courts. Drawing upon the approaches of these courts and a United …
Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman
Stone Got Caught Between A Rock And A Hard Place: Grand Juries' Power To Subpoena Outtakes That Reveal Confidential News Sources, Marty Kassman
UC Law SF Communications and Entertainment Journal
Detroit television journalist Bradley Stone had a brief stay in jail because he refused to provide a grand jury with a few seconds of videotape. The tape consisted of outtakes from Stone's report on violent teenage gangs. Stone claimed a first amendment right to withhold that tape from the grand jury, which was investigating the murder of a state trooper. This note explores whether there is, and whether there should be, first amendment protection of confidential news sources. The author analyzes the various opinions in the key Supreme Court case on the subject, Branzburg v. Hayes. The note traces the …
California's Prayer Healing Dilemma, Joanna A. Gekas
California's Prayer Healing Dilemma, Joanna A. Gekas
UC Law Constitutional Quarterly
No abstract provided.
The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel
The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel
UC Law Constitutional Quarterly
No abstract provided.
Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger Goldman, Steven Puro
Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger Goldman, Steven Puro
UC Law Constitutional Quarterly
No abstract provided.
Death And The Supreme Court, Arthur J. Goldberg
Death And The Supreme Court, Arthur J. Goldberg
UC Law Constitutional Quarterly
No abstract provided.
A Subject Matter Approach To Hearsay Reform, Roger C. Park
A Subject Matter Approach To Hearsay Reform, Roger C. Park
Faculty Scholarship
No abstract provided.
Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa
Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa
Faculty Scholarship
This paper discusses Japanese research on legal consciousness (ho-ishiki) and civil disputing. The author presents a recent explication of Takeyoshi Kawashima's concept of legal consciousness as a cultural factor and also proposes to explore the possibility of treating it as an individual, attitudinal factor. He also reviews large-scale surveys of aggregate-level culture and studies on individual-level disputing behavior. The need and possibility of a longitudinal study of individual disputing behavior that uses individual-level attitudes and regional culture as explanatory variables is suggested.
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
Rights Require Remedies: A New Approach To The Enforcement Of Rights In The Federal Courts, Donald H. Zeigler
UC Law Journal
No abstract provided.
The Highest Paying Customers: America's Cities And The Costs Of Prostitution Control, Julie Pearl
The Highest Paying Customers: America's Cities And The Costs Of Prostitution Control, Julie Pearl
UC Law Journal
No abstract provided.
Crackdown: The Emerging Drug Exception To The Bill Of Rights, Steven Wisotsky
Crackdown: The Emerging Drug Exception To The Bill Of Rights, Steven Wisotsky
UC Law Journal
No abstract provided.
Batson V. Kentucky: The New And Improved Peremptory Challenge, Cynthia Rowland-Richers
Batson V. Kentucky: The New And Improved Peremptory Challenge, Cynthia Rowland-Richers
UC Law Journal
No abstract provided.
A Lawyer's Privilege Against Self-Incrimination In Professional Disciplinary Proceedings, Geoffrey C. Hazard Jr., Cameron Beard
A Lawyer's Privilege Against Self-Incrimination In Professional Disciplinary Proceedings, Geoffrey C. Hazard Jr., Cameron Beard
Faculty Scholarship
No abstract provided.