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Untangling Right From Wrong In Insanity Law: Of Dogs, Wolves & God, Kate E. Bloch
Untangling Right From Wrong In Insanity Law: Of Dogs, Wolves & God, Kate E. Bloch
UC Law Journal
In almost all U.S. jurisdictions, a qualifying mental illness that prevents an accused from distinguishing right from wrong can provide support for a determination of legal insanity. Nonetheless, “wrongfulness” remains a term of myriad and somewhat elusive meanings. Instead of enhancing clarity, by engaging with simplified examples, the U.S. Supreme Court’s broad-brush approach in its 2020 majority and dissenting opinions in Kahler v. Kansas threatens to exacerbate confusion about “wrongfulness” in legal insanity doctrine. This Article surfaces challenges in the Court’s and dissent’s analyses and aims to discourage reliance on problematic assumptions about “wrongfulness” in insanity law.
Wading Into The Daubert Tide: Sargon Enterprises, Inc. V. University Of Southern California, David L. Faigman, Edward J. Imwinkelried
Wading Into The Daubert Tide: Sargon Enterprises, Inc. V. University Of Southern California, David L. Faigman, Edward J. Imwinkelried
UC Law Journal
In Sargon Enterprises, Inc. v. University of Southern California, the California Supreme Court decided arguably the most important expert testimony decision that it has rendered in at least two decades. Prior to Sargon, California appeared steadfastly committed to the classic “general acceptance” test, which required judges to assess whether an expert’s theory or technique had gained general acceptance in the relevant fields. In 1993, in Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court announced a new empirical validation test. In the years since 1993, most state courts adopted some version of Daubert, but until Sargon the California …
Fetal Risks Of Environmental Chemicals: The Motherisk Approach To The Organic Mercury Fish Consumption Scare, Zahra Jahedmotlage, Kathie Schoeman, John Bend, Gideon Koren
Fetal Risks Of Environmental Chemicals: The Motherisk Approach To The Organic Mercury Fish Consumption Scare, Zahra Jahedmotlage, Kathie Schoeman, John Bend, Gideon Koren
UC Law Journal
While fish is rich in essential nutrients and women are encouraged to consume fish products, fish may contain methylmercury, which is an established neurotoxin to the fetus. Not surprisingly, there are high levels of anxiety among women of reproductive age regarding fish consumption. To be able to counsel women in this complex area, we have developed a two-step program: (1) probing women of reproductive age for their perceptions regarding the safety of consuming fish, and (2) piloting an intervention program with women of reproductive age to ensure mercury levels are below the recently proposed Lowest Observable Adverse Effect Level. This …
Note – Fashioning A New Look In Intellectual Property: Sui Generis Protection For The Innovative Designer, Linna T. Loangkote
Note – Fashioning A New Look In Intellectual Property: Sui Generis Protection For The Innovative Designer, Linna T. Loangkote
UC Law Journal
Fashion design is weaving its way through the fabric of American society by transforming how people think about fashion apparel. The $350 billion fashion industry not only puts the clothes on our backs, but gives individuals an outlet for individual expression as well. More and more, the fashion design process is recognized as a creative process where vision, raw materials, and skill meet to produce fashion apparel that should be worthy of sui generis protection.Current intellectual property regimes fail to adequately equip designers with legal remedies to guard against design piracy, and this affects both innovation and competition. Moreover, even …
Incentive And Expectation In Copyright, Sara K. Stadler
Incentive And Expectation In Copyright, Sara K. Stadler
UC Law Journal
In this Article, the author reveals a fundamental flaw in how courts and scholars have come to reason about copyright law. Creators expect to be rewarded for engaging in the labor of creation, and one of those rewards is the bundle of exclusive rights known as "copyright." Congress uses copyright law to give creators the rewards they expect, so as to safeguard their incentives to create. But what if creators expect too much? Must Congress use copyright law to satisfy those expectations, thus preserving what creators claim to require as "incentive?" To date, everyone has assumed that the answer is …
Adolescent Autonomy: Clarifying An Ageless Conundrum, Rhonda Gay Hartman
Adolescent Autonomy: Clarifying An Ageless Conundrum, Rhonda Gay Hartman
UC Law Journal
The law governing adolescence is discordant at best, impoverished at worst. Regarded as an appendage to paternalistic policy for children, present legal rules based upon presumptive decisional incapacity produce anomalous results. Most striking, a 16-year-old may confront criminal conviction with punitive and retributive sanction, including the death penalty, but is deemed decisionally incapable to refuse debilitating life-sustaining treatment. Adolescence and its accoutrement of distinct issues has hitherto remained unexamined, until now. In this Article, Professor Hartman proposes a paradigmatic shift in thinking about adolescence that entails a legal framework predicated on decisional ability, rather than presumptive decisional incapacity. By comprehensively …
Character At The Crossroads, Roger C. Park
Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks
Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks
UC Law Journal
No abstract provided.
Judicial Removal Of Directors: Denial Of Directors' License To Steal Or Shareholders' Freedom To Vote?, Olga N. Sirodoeva-Paxson
Judicial Removal Of Directors: Denial Of Directors' License To Steal Or Shareholders' Freedom To Vote?, Olga N. Sirodoeva-Paxson
UC Law Journal
This article examines a new corporate law remedy: the ability of courts to remove directors of business corporations for misconduct. In recent years, a majority of states has followed the Model Business Corporations Act in adopting the judicial removal remedy. The disparity in approach of different authorities and the confusion with respect to the remedy are remarkable, as highlighted by recent cases. No theory reconciling the conflicting approaches to the removal remedy has yet been developed by legislators, judges, or academics. To develop such a theory, the article examines the opposing fundamental principles of corporate law implicated by the remedy. …
Unlocking The Closet Door: Protecting Children From Involuntary Civil Commitment Because Of Their Sexual Orientation, Miye A. Goishi
Unlocking The Closet Door: Protecting Children From Involuntary Civil Commitment Because Of Their Sexual Orientation, Miye A. Goishi
UC Law Journal
No abstract provided.
Rebuilding The Wall Between Church And State: Public Sponsorship Of Religious Displays Under The Federal And California Constitutions, Harry Simon
UC Law Journal
In the landmark decision of Lynch v. Donnelly, the United States Supreme Court upheld the maintenance of a Nativity scene on land owned by a nonprofit corporation with public funds from the city of Pawtucket, Rhode Island. This Note argues that the Court's decision in Lynch represents a radical departure from traditional establishment clause analysis and undermines the continuing separation of church and state under federal law. This Note observes that, in contrast to the federal Constitution, many state constitutions contain explicit prohibitions on government activities that aid religion. California courts have interpreted the California Constitution to prohibit a variety …
Infant Care Review Committees: An Effective Approach To The Baby Doe Dilemma, Robyn S. Shapiro, Richard Barthel
Infant Care Review Committees: An Effective Approach To The Baby Doe Dilemma, Robyn S. Shapiro, Richard Barthel
UC Law Journal
Uncertainties regarding the diagnosis, prognosis, and possible outcomes of treatment for impaired newborns present an array of legal and ethical dilemmas to those who must decide what care to provide for them. The recently enacted federal Child Abuse Amendments of 1984 and accompanying "Baby Doe" regulations, designed to protect against withholding medically indicated treatment, add further complexity to the decision-making process. This Article begins by examining the factors involved in medical decision-making for impaired newborns. It then discusses the implications of the Baby Doe regulations, focusing on three procedural mechanisms that could satisfy the requirements of the regulations. Finding drawbacks …
Time Limitations Under State Occupational Disease Acts, Jordan H. Leibman, Terry Morehead Dworkin
Time Limitations Under State Occupational Disease Acts, Jordan H. Leibman, Terry Morehead Dworkin
UC Law Journal
Compensation for the employees who are the victims of delayed manifestation occupational diseases such as asbestosis and silicosis presents a very real problem for existing state workers' compensation schemes. In the interests of ease of administration and certainty, most state occupational disease acts have established time limitations for the filing of claims. The limitation periods generally were adopted at a time when the effects of exposure to toxic substances in the workplace were virtually unknown and thus fail to provide protection for the victims of delayed manifestation occupational diseases. This Article reviews the various limitation periods which presently govern state …
Constitutional Challenges To Prison Overcrowding: The Scientific Evidence Of Harmful Effects, Terence P. Thornberry, Jack E. Call
Constitutional Challenges To Prison Overcrowding: The Scientific Evidence Of Harmful Effects, Terence P. Thornberry, Jack E. Call
UC Law Journal
In the past two decades American courts have decided numerous cases involving the constitutionality of prison and jail conditions. A number of prison cases have turned on the court's assessment of the constitutionality of narrow conditions, such as sanitation, fire safety, medical and mental health care, diet, exercise, or protection of inmates from assaults. This Article examines the harmful consequences of the more fundamental problem of prison overcrowding, working from the premise that consideration of the harmful effects of prison overcrowding and the constitutional implications of these effects is critical not just to inmates and courts, but also to prison …
The Chinese Conceptions Of Law: Confucian, Legalist, And Buddhist, Luke T. Lee, Whalen W. Lai
The Chinese Conceptions Of Law: Confucian, Legalist, And Buddhist, Luke T. Lee, Whalen W. Lai
UC Law Journal
Concepts originating as religious principles have long had an impact on the structure and functioning of legal institutions in China. The authors isolate concepts from three major religious traditions and discuss their development, illustrating how they have had a lasting effect on the character of Chinese law.
The Right To Medicaid Payment For Abortion, Patricia A. Butler
The Right To Medicaid Payment For Abortion, Patricia A. Butler
UC Law Journal
No abstract provided.
Struggling With California's Kidnapping To Commit Robbery Provision, Bruce D. Bickel
Struggling With California's Kidnapping To Commit Robbery Provision, Bruce D. Bickel
UC Law Journal
Section 209 of the California Penal Code prescribes the aggravated kidnapping offense of "kidnapping to commit robbery." In People v. Daniels, the California Supreme Court reconsidered the legislative intent underlying section 209 and promulgated a new judicial interpretation of "kidnapping to commit robbery." Whether an act constitutes this offense is now determined by a judicially developed two-prong test. This note analyzes the Daniels decision, criticizes the two-prong test for its deviations from the rationale expressed in Daniels, and proposes an alternative method of determining whether an act constitutes kidnapping for robbery.
Fair Housing Laws: A Critique, James P. Chandler
Range Of Compensable Consequences In Workmen's Compensation, Arthur Larson
Range Of Compensable Consequences In Workmen's Compensation, Arthur Larson
UC Law Journal
No abstract provided.
Medical-Legal Problems Of Organ Transplantation, Victor Richards
Medical-Legal Problems Of Organ Transplantation, Victor Richards
UC Law Journal
No abstract provided.
The Alteration Of Natural Biological States By Lsd, Nathan S. Kline
The Alteration Of Natural Biological States By Lsd, Nathan S. Kline
UC Law Journal
No abstract provided.
So You're Going To Try A Products Liability Case, Lou Ashe
So You're Going To Try A Products Liability Case, Lou Ashe
UC Law Journal
No abstract provided.
Contracts: Interpretation Of Statute Barring Action Of Unlicensed Contractor, George C. Shelton Jr.
Contracts: Interpretation Of Statute Barring Action Of Unlicensed Contractor, George C. Shelton Jr.
UC Law Journal
No abstract provided.
Fluoridation Of Public Water Supplies, James B. Thompson
Fluoridation Of Public Water Supplies, James B. Thompson
UC Law Journal
No abstract provided.
Fluoridation And Domestic Water Supplies In California, Henry A. Dietz
Fluoridation And Domestic Water Supplies In California, Henry A. Dietz
UC Law Journal
No abstract provided.
Specific Acts And Related Matters As Affecting Credibility, William G. Hale
Specific Acts And Related Matters As Affecting Credibility, William G. Hale
UC Law Journal
No abstract provided.