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Legislation

1980

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Full-Text Articles in Law

Annual Report Of The Colorado River Board Of California, 1980, Colorado River Board Of California Dec 1980

Annual Report Of The Colorado River Board Of California, 1980, Colorado River Board Of California

California Agencies

No abstract provided.


Hearing On Child Molestation, Joint Committee On Revision Of The Penal Code Dec 1980

Hearing On Child Molestation, Joint Committee On Revision Of The Penal Code

California Joint Committees

No abstract provided.


Taxation Of Oil And Gas Properties, Assembly Revenue And Taxation Committee Dec 1980

Taxation Of Oil And Gas Properties, Assembly Revenue And Taxation Committee

California Assembly

An Analysis of Property Tax Problems Under Board of Equalization Rule 468 And an Alternative Proposal for A Yield Tax.


Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans Dec 1980

Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans

Washington Law Review

In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …


Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans Dec 1980

Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans

Washington Law Review

In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …


Black English And Equal Educational Opportunity, Michigan Law Review Dec 1980

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …


Survey Of Developments In West Virginia Law: 1980 Dec 1980

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.


Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review Dec 1980

Notice By Citizen Plaintiffs In Environmental Litigation, Michigan Law Review

Michigan Law Review

This Note evaluates judicial handling of citizen suits tainted by defective notice. After reviewing the legislative history of the citizen suit provisions, the Note presents an array of judicial responses to defective notice and classifies decisions by their stringency in applying the notice provision. In the final section, the Note argues that Congress's purpose in requiring notice should determine the limits of judicial tolerance of defective notice. It concludes that courts should dismiss citizen suits unless actual notice of intent to sue, whether or not in the form specified by EPA regulations, was given sixty days before the filing of …


Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner Dec 1980

Regulation Through The Looking Glass: Hospitals, Blue Cross, And Certificate-Of-Need, Sallyanne Payton, Rhoda M. Powsner

Michigan Law Review

A clear focus on the commitment of the public health and hospital establishments to the large teaching hospital and their belief in rationalizing the health care system through community-based planning allows us to understand the ideas and institutions that have produced our present system of hospital regulation. It can also help us to understand the structure and behavior of the hospital industry and can illuminate current controversies over health care policy.

What follows is a narrative account of the development of regional planning and certificate-of-need legislation. As part of that story, we trace the evolution of the Blue Cross, explain …


Small Claims, Assembly Committee On Judiciary Nov 1980

Small Claims, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Hearing On Item Pricing, Assembly Labor, Employment, And Consumer Affairs Committee Nov 1980

Hearing On Item Pricing, Assembly Labor, Employment, And Consumer Affairs Committee

California Assembly

No abstract provided.


Timber Yield Tax Revenue Allocation, Assembly Revenue And Taxation Committee Nov 1980

Timber Yield Tax Revenue Allocation, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.


Child Molestation, Assembly Committee On Criminal Justice Nov 1980

Child Molestation, Assembly Committee On Criminal Justice

California Assembly

No abstract provided.


California's Bank And Corporation Tax Volume Iv: Unitary Method Of Apportionment: A Second Look, Assembly Revenue And Taxation Committee Nov 1980

California's Bank And Corporation Tax Volume Iv: Unitary Method Of Apportionment: A Second Look, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.


California's Bank And Corporation Tax Volume V: Exerpts From Hearing - Unitary Method Of Apportionment: A Second Look, Assembly Revenue And Taxation Committee Nov 1980

California's Bank And Corporation Tax Volume V: Exerpts From Hearing - Unitary Method Of Apportionment: A Second Look, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.


No-Property-Tax Cities After Proposition 13, Assembly Revenue And Taxation Committee, Assembly Local Government Committee Nov 1980

No-Property-Tax Cities After Proposition 13, Assembly Revenue And Taxation Committee, Assembly Local Government Committee

California Assembly

No abstract provided.


Authority Of The Attorney General To Investigate Religious Corporations, Assembly Committee On Judiciary, Senate Committee On Judiciary Nov 1980

Authority Of The Attorney General To Investigate Religious Corporations, Assembly Committee On Judiciary, Senate Committee On Judiciary

California Joint Committees

Hearings of Nov. 17, 1980 and Nov. 25, 1980.

The subject of today's joint hearing of the Assembly and Senate Judiciary Committees is the authority of the Attorney General to investigate and bring actions against religious corporations. Earlier this year, the Legislature enacted SB 1493 which will become operative on June 1, 1981 and which will narrow the AG's powers in this area. The purpose of this hearing is to determine whether, under the new law, the AG will retain adequate powers relative to religious corporations or if further legislation is needed.


Truth-In-Testing Legislation: A Brief For The Status Quo, Alan B. Asay Nov 1980

Truth-In-Testing Legislation: A Brief For The Status Quo, Alan B. Asay

BYU Law Review

No abstract provided.


Plea Bargaining, Joint Committee For Revision Of The Penal Code Oct 1980

Plea Bargaining, Joint Committee For Revision Of The Penal Code

California Joint Committees

No abstract provided.


Statute Of Limitations In Civil Conspiracies, Assembly Committee On Judiciary Oct 1980

Statute Of Limitations In Civil Conspiracies, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Medical Malpractice Screening Panels, Assembly Committee On Judiciary Oct 1980

Medical Malpractice Screening Panels, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Mentally Disordered Violent Offenders, Assembly Health Committee Oct 1980

Mentally Disordered Violent Offenders, Assembly Health Committee

California Assembly

No abstract provided.


Siting Hazardous Waste Facilities, Assembly Subcommittee On Toxic Substances Oct 1980

Siting Hazardous Waste Facilities, Assembly Subcommittee On Toxic Substances

California Assembly

No abstract provided.


Federal Income Tax Conformity, Assembly Revenue And Taxation Committee Oct 1980

Federal Income Tax Conformity, Assembly Revenue And Taxation Committee

California Assembly

AN EVALUATION OF PROPOSALS FOR AUTOMATIC CONFORMITY AND THE CURRENT DIFFERENCES BETWEEN CALIFORNIA AND FEDERAL LAW.

California law is currently in substantial conformance with federal income tax law although there are major areas of difference. As each federal law change is made, the Legislature revises state law only as iti deems appropriate. Some state laws are enacted to suit particular state needs and have no federal counterpart. Should California adopt federal income tax law with automatic conformity to future federal law changes?


Transcript Of Hearing On Effectiveness Of Affirmative Action In The Public Sector, Assembly Select Committee On Fair Employment Practices Oct 1980

Transcript Of Hearing On Effectiveness Of Affirmative Action In The Public Sector, Assembly Select Committee On Fair Employment Practices

California Assembly

The subject of today's interim hearing is one of the most sensitive of public policy issues: affirmative action in public employment. This Committee will be examining the state of affairs of the state and local governments efforts relative to affirmative action and equal employment both in the areas of "hiring" and upward mobility. Additionally, the Committee will develop proposals to encourage and stimulate more effective affirmative action progr~s in the private and public sectors.


Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen Oct 1980

Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …


Narrowing The "Routine Use" Exemption To The Privacy Act Of 1974, John W. Finger Oct 1980

Narrowing The "Routine Use" Exemption To The Privacy Act Of 1974, John W. Finger

University of Michigan Journal of Law Reform

This article suggests a balancing test to determine which routine uses of information legitimately fall within the Privacy Act. Part I briefly examines the background of the Act, concentrating on the legislative history of the routine use exemption, and examining problems the exemption presents. Part II then proposes a balancing test, based on notice and need for data, as a means of ascertaining proper routine uses.


Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem Oct 1980

Qualification Requirements For Foreign Corporations: The Need For A New Definition Of "Doing Business" Based On In-State Sales Volume, Stanley M. Klem

University of Michigan Journal of Law Reform

Part I of this article examines the mechanics of the present qualification system, paying special attention to the problems created by a multiplicity of vague state standards. Part II discusses the historical justification and purposes of the present system, concluding that only the protection function justifies the continued existence of the system. Finally, Part III proposes that "doing business" be defined in terms of the annual volume of in-state sales. This solution would remedy the problems which plague the present system while furthering the legitimate protection function of the state qualification requirements.


Gag Orders, Assembly Committee On Criminal Justice Sep 1980

Gag Orders, Assembly Committee On Criminal Justice

California Assembly

No abstract provided.


Attorneys Fees In Public Interest Litigation, Assembly Committee On Judiciary Sep 1980

Attorneys Fees In Public Interest Litigation, Assembly Committee On Judiciary

California Assembly

No abstract provided.