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Articles 691 - 720 of 772
Full-Text Articles in Law
Unconstitutional California Osha Searches: The Employer Strikes Back?, Morley A. Hoffman
Unconstitutional California Osha Searches: The Employer Strikes Back?, Morley A. Hoffman
McGeorge Law Review
No abstract provided.
Sports Liability: Blowing The Whistle On The Referees, Victoria J. Davis
Sports Liability: Blowing The Whistle On The Referees, Victoria J. Davis
McGeorge Law Review
No abstract provided.
Seeking More Equitable Relief From Fraudulent Judgments: Abolishing The Extrinsic-Intrinsic Distinction, Diane E. Evans
Seeking More Equitable Relief From Fraudulent Judgments: Abolishing The Extrinsic-Intrinsic Distinction, Diane E. Evans
McGeorge Law Review
No abstract provided.
Commercial Leases: Behind The Green Door, Michael P. Mccloskey
Commercial Leases: Behind The Green Door, Michael P. Mccloskey
McGeorge Law Review
No abstract provided.
Incorporation Risks: Defective Incorporation And Piercing The Corporate Veil In California, David Barber
Incorporation Risks: Defective Incorporation And Piercing The Corporate Veil In California, David Barber
McGeorge Law Review
No abstract provided.
Loss Sharing Among Contract Defendants: English Parts For The American Motorcycle, Carolyn Adams
Loss Sharing Among Contract Defendants: English Parts For The American Motorcycle, Carolyn Adams
McGeorge Law Review
No abstract provided.
Loss Of Enjoyment Of Life As A Separate Element Of Damages, Carleton Robert Cramer
Loss Of Enjoyment Of Life As A Separate Element Of Damages, Carleton Robert Cramer
McGeorge Law Review
No abstract provided.
Charge Of Tuition To Illegal Alien Schoolchildren Pursuant To Texas Statute Violates Fourteenth Amendment., Suzanne B. Langford
Charge Of Tuition To Illegal Alien Schoolchildren Pursuant To Texas Statute Violates Fourteenth Amendment., Suzanne B. Langford
St. Mary's Law Journal
Abstract Forthcoming.
In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird
In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird
Scholarly Works
A distinguished constitutional scholar recently pointed out that "many of the important decisions of the Supreme Court of the United States are not based on law in the popular sense of that term." It is true, he noted, that "the court endeavors to identify Constitutional clauses upon which to hang its pronouncements." "[S]ome key words and phrases in the Constitution," however, "are so highly indeterminate that they cannot really qualify as law in any usual sense." Rather, he said, "they are semantic blanks--verbal vacuums that may be filled readily with any one of many possible meanings." Thus, it is not …
Plenary Session: Introductory Remarks, Sidney Picker Jr.
Plenary Session: Introductory Remarks, Sidney Picker Jr.
Canada-United States Law Journal
Prof. Picker's Introduction starts on page 2.
Prior Restraints And Restrictions On Advertising After Virginia Pharmacy Board: The Commercial Speech Doctrine Reformulated, Thomas M. Schneider
Prior Restraints And Restrictions On Advertising After Virginia Pharmacy Board: The Commercial Speech Doctrine Reformulated, Thomas M. Schneider
Missouri Law Review
No abstract provided.
Prediction Research And The Role Of Psychologists In Correctional Institutions, John Monahan, Linda Costa Monahan
Prediction Research And The Role Of Psychologists In Correctional Institutions, John Monahan, Linda Costa Monahan
San Diego Law Review
Through psychologists, we are convinced of the essential validity of the just deserts model. It is "less unacceptable than any others which can be considered at this time and consistent with the ethical provision of psychological services. We believe that freeing psychologists from tasks for which they are ill-equipped-coercive treatment and dispositive prediction-presents an opportunity and stimulus for the development of new, more effective, and more ethical roles in the correctional system. This Article will propose one such role.
Whither Thou Goest? An Inquiry Into Jurors' Perceptions Of The Consequences Of A Successful Insanity Defense, Grant H. Morris,
Whither Thou Goest? An Inquiry Into Jurors' Perceptions Of The Consequences Of A Successful Insanity Defense, Grant H. Morris,
San Diego Law Review
Traditionally, juries are not permitted to consider the consequences of their verdicts. The jury's function is to determine guilt or innocence by finding the facts; speculation on the defendant's fate is irrelevant to this function. The judge, not the jury, decides the post-verdict consequences. However, courts in a few jurisdictions give the insanity-consequences instruction on the supposition that without the instruction the jury will be unduly influenced against a valid insanity defense when the evidence warrants the finding of insanity. Although jurors commonly know the consequences of guilty and not guilty verdicts, they may not know the consequences of an …
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
San Diego Law Review
This Article is principally concerned with the deprivation of liberty inherent in forced placement. However, this Article will concentrate on California Surrogate management standards because they provide a better frame of reference for the assumptions which underlie various types of involuntary interventions, and because they are closer to the open-ended commitment statutes of many other states.
Least Restrictive Treatment Of The Mentally Ill: A Doctrine In Search Of Its Senses, P. Browning Hoffman, Lawrence L. Foust
Least Restrictive Treatment Of The Mentally Ill: A Doctrine In Search Of Its Senses, P. Browning Hoffman, Lawrence L. Foust
San Diego Law Review
This Article briefly traces the judicial and legislative evolution of the least restrictive alternative doctrine. Attempts by Virginia's judiciary to substantiate it are surveyed to further illustrate the doctrine's development, and a framework is suggested for the doctrine's future application to treatment of the mentally ill.
Dependency Proceedings: What Standard Of Proof? An Argument Against The Standard Of Clear And Convincing, Michael Freeman White
Dependency Proceedings: What Standard Of Proof? An Argument Against The Standard Of Clear And Convincing, Michael Freeman White
San Diego Law Review
This Comment presents several arguments against the adoption of a standard of "clear and convincing" evidence in dependency hearings. The safety and general welfare of the child is of paramount concern in child protective proceedings. Utilization of a higher quantum of proof only frustrates the court's duty to protect children from the dangers arising out of parental neglect of abuse. This Comment will demonstrate that neither the precedents nor policies relied upon by the court in In re Robert P. justify an abandonment of the current statutory standard of proof required in dependency hearings.
Foreword: Current Currents In Institutionalization, David B. Wexler
Foreword: Current Currents In Institutionalization, David B. Wexler
San Diego Law Review
The tasks of a modern-day "foreword-writer," as I understand them, are (a) to introduce symposium articles in a manner that makes apparent their interlocking nature, rather than in a manner that makes them resemble a mere "laundry-list," and (b) to convince readers of the current importance of the issues addressed. Ideally, the tasks should be executed in a manner that provides ample breathing space for the expression of the writer's own views. Ideally, too, as I have learned from bitter experience, the tasks should be performed utilizing resource materials with which the writer is already versed-indeed, utilizing resource materials that …
The Child As Involuntary Mental Patient: The Threat Of Child Therapy To The Child's Dignity, Privacy, And Self-Esteem, Thomas Szasz
The Child As Involuntary Mental Patient: The Threat Of Child Therapy To The Child's Dignity, Privacy, And Self-Esteem, Thomas Szasz
San Diego Law Review
"Stone walls," in Richard Lovelace's immortal phrase, "do not a prison make." What makes a prison-or a space of social confinement, if one wishes to speak less metaphorically-is any invidious and incapacitating class, caste, or category into which individuals or groups may be placed involuntarily, and from which they cannot escape. Childhood is one such category. Mental patienthood is another. It follows, then, that a child assigned to the role of mental patient is doubly incriminated and incapacitated: as a minor, and as mad.
Indeterminacy As Individualization, Georg K. Sturup
Indeterminacy As Individualization, Georg K. Sturup
San Diego Law Review
Penal institutions are an important field for psychiatric treatment and study. This Article defines treatment and discusses its principal aims as they are relevant to a penal setting. Currently, the lawyers' rule-dominated pattern of reaction is gaining ground over the psychiatric situational approach. Both the overdeveloped organization for psychiatric investigations and the tendency to forget the pre-sentence report when the offender is placed int he rule-dominated penal institutions counteracts every clinical research program. Denmark's attempts to overcome this obstacle by making the inmate the principal collaborator in his rehabilitation are described here.
Environmental Protection, University Of The Pacific; Mcgeorge School Of Law
Environmental Protection, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Public Entities, Officers, And Employees, University Of The Pacific; Mcgeorge School Of Law
Public Entities, Officers, And Employees, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Title Page, University Of The Pacific; Mcgeorge School Of Law
Title Page, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Confession Of Judgment In California, Gerald S. Sampson
Confession Of Judgment In California, Gerald S. Sampson
McGeorge Law Review
No abstract provided.
Liability Of A Construction Lender Under Civil Code Section 3434: An Amorphous Epitaph To Connor V. Great Western Savings & Loan Association, Paul D. Guitierrez
Liability Of A Construction Lender Under Civil Code Section 3434: An Amorphous Epitaph To Connor V. Great Western Savings & Loan Association, Paul D. Guitierrez
McGeorge Law Review
No abstract provided.
Hiring Goals, California State Government And Title Vii: Is This Numbers Game Legal?, Raymond M. Cadei
Hiring Goals, California State Government And Title Vii: Is This Numbers Game Legal?, Raymond M. Cadei
McGeorge Law Review
No abstract provided.
Probate Code Conservatorships: A Legislative Grant Of New Procedural Protections, Vreeland O. Jones
Probate Code Conservatorships: A Legislative Grant Of New Procedural Protections, Vreeland O. Jones
McGeorge Law Review
No abstract provided.
The Hospital's Responsibility For Its Medical Staff: Prospects For Corporate Negligence In California, Margaret W. Ellison
The Hospital's Responsibility For Its Medical Staff: Prospects For Corporate Negligence In California, Margaret W. Ellison
McGeorge Law Review
No abstract provided.
Criminal Procedure, University Of The Pacific; Mcgeorge School Of Law
Criminal Procedure, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Domestic Relations, University Of The Pacific; Mcgeorge School Of Law
Domestic Relations, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Table Of Contents, Legislation, University Of The Pacific; Mcgeorge School Of Law
Table Of Contents, Legislation, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.