Law Commons^™

Municipal Bonds And The Contract Clause: Looking Beyond United States Trust Company V. New Jersey, Thomas R. Hurst

UC Law Constitutional Quarterly

No abstract provided.

Infringement And Remedies Provisions Of The New Copyright Law, Paul W. Vapner

UC Law SF Communications and Entertainment Journal

No abstract provided.

Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain

UC Law SF International Law Review

The Export Administration Act of 1969 restricted efforts of United States industry to expand sales of non-strategic advanced technology goods to Communist countries. The author examines the significance of the Export Administration Amendments of 1977 and the procedure and criteria by which an export application is evaluated. The author suggests certain reforms which would help attain the goal of trade promotion.

The 1977 Ussr Constitution: A Document Of Social, National And International Consolidation, Andrew Sorokowski

UC Law SF International Law Review

Among the new features of the 1977 Soviet Constitution are provisions that strengthen the role of the Communist Party, redefine the powers of the Union Republics, and announce the foreign policy of the U.S.S.R. The author demonstrates that these principal features represent a consolidation of the U.S.S.R.'s power as a multinational party-state of world stature. Yet, this consolidation is a response to the centrifugal forces of social differentiation, non-Russian nationalism, and foreign Communist dissension, which threaten the ideal of Communist uniformity at home and abroad.

Mexico's Organic Law Of Federal Public Administration--A New Structure For Modern Administration, Mark O. Rorem

UC Law SF International Law Review

The expanding size of governmental agencies and the increasing scope of their activities raise questions about effective ways to control and coordinate governmental bureaucracies. The author examines Mexico's efforts to cope with these problems through recent administrative reforms in the Organic Law of Federal Public Administration.

The Legal Status Of United States Corporations And Individuals In Taiwan If United States--Republic Of China Dipolmatic Relations Were Severed, Preston M. Torbert

UC Law SF International Law Review

The author reviews the treaty rights afforded U.S. corporations and individuals operating in Taiwan under present agreements and compares them with rights afforded non-treaty countries doing business in Taiwan. The author's extensive examination reveals that, while present treaties appear to formally secure diplomatic relations, a severance thereof will not cause a great disruption of trade and investment between the U.S. and the Republic of China.

Compulsory Judicial Arbitration In California: Reducing The Delay And Expense Of Resolving Uncomplicated Civil Disputes, R. J. Heher

UC Law Journal

In general, judicial arbitration involves the transfer of pending civil cases from the court to a volunteer attorney or panel of attorneys who determine the facts and the law according to relaxed rules of evidence and procedure. After reviewing six judicial arbitration plans, both voluntary and compulsory, the author concludes that there are strong measurable medications that judicial arbitration is faster and less expensive and is as fair as traditional civil litigation. The author argues that compulsory judicial arbitration is superior to the voluntary form and that California superior courts in the absence of legislation should adopt compulsory judicial arbitration …

Human Rights--An Issue For Our Time, Arthur J. Goldberg

UC Law Journal

The author, who was the U.S. Ambassador to the human rights conference, discusses the American tradition of support for human rights and its current efforts to persuade other countries to accept these principles.

Theory And Reform Of Criminal Law, Jerome Hall

UC Law Journal

The author discusses the theory and classification of legal principles and the application of this methodology to present problems in the criminal law. He then surveys some of the major problems in California criminal law including diminished capacity, felony-murder, and the general/specific intent dichotomy, as well as discusses a number of miscellaneous problems that require clarification. The author concludes by suggesting a practical method for approaching reform of the criminal code.

Justice In The Slough Of Equality, Julius Stone

UC Law Journal

The problem of how best to resolve "reverse discrimination" questions under the equal protection clause is currently receiving much attention. The author closely examines the widely accepted belief that equality is the same thing as justice. He demonstrates that there is no a priori or empirical justification for this identification and rejects it as an analytical touchstone whose usefulness is over. Something more flexible must be created to help define the relationship between "equal treatment' and "justice." In his analysis of equal protection clause case law, he demonstrates that equality, as a criterion of justice, is too inflexible to be …

Hindu Conceptions Of Law, Ludo Rocher

UC Law Journal

The author demonstrates through a historical survey of ancient texts, and the glosses of various pundits, that, although modern Hindu law is divorced from the holistic world view embodied by dharma, Hindu conceptions of law are derived from this encompassing term. Before the colonial period there was neither law nor religion; there was dharma.

Sixty-Five Club Members' Biographical Summaries, Uc Hastings College Of The Law

UC Law Journal

No abstract provided.

Human Rights And The Belgrade Meeting, Arthur J. Goldberg

UC Law Journal

Principle VII and Basket Three of the Final Act of the Helsinki Summit of 1975 expressed the commitment of the thirty-five states of Europe and North America to respect human rights and fundamental freedoms. The 1977-78 CSEA meeting at Belgrade put these issues firmly into the framework of East-West diplomacy. Justice Goldberg, Chairman of the United States Delegation to CSEA, examines the failure of the Soviet Union and Eastern Bloc nations to fulfill the promises of the Final Act through grave violations of human rights and the repression of those individuals seeking to enforce the provisions of the Final Act. …

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.

Moral Right Revisited: Are We Closer To Full Protection For Authors, Edward D. L. Yuen

UC Law SF Communications and Entertainment Journal

No abstract provided.

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.

The Impact Of Treaties On Commercial Space Operations, Martin Menter

UC Law SF International Law Review

The author believes that at some future date space stations to house communities will be erected. The subsistence of a space community will depend on fail-safe governing procedures. The author examines the role of treaties in regulating and validating activities within a space community.

The Personal Manager In California: Riding The Horns Of The Licensing Dilemma, David F. Charles

UC Law SF Communications and Entertainment Journal

No abstract provided.

Timber Capital Gains--The Option Rule Of Section 631(B), Philip F. Postlewaite

UC Law Journal

Section 631(b) of the Internal Revenue Code qualifies for capital gains treatment income derived from the disposition of timber by an owner who thereafter retains an economic interest in the timber. The Ninth Circuit Court of Appeals has interpreted the disposal requirement of this section as requiring a binding bilateral contractual arrangement between the parties in a timber cutting contract. This interpretation precludes timber cutting option agreements from qualifying for capital gains treatment under section 631(b). The author of this Article argues that the Ninth Circuits holding on tis point is in error and should be changed.

Covenants And Equitable Servitudes In California, Randall K. Steverson

UC Law Journal

In California, covenants running with the land are governed by two separate statutory provisions, Civil Code sections 1462 and 1468. If a covenant fails to run under the provisions of either section, it may still be enforced as an equitable servitude. This Note examines the interface of the statutory provisions with each other and with equitable servitudes.

Going Strong--A Hastings Tradition, Marvin J. Anderson, Sue Diamond Lifschiz

UC Law Journal

In this Article the authors pay tribute to the school's renowned Sixty-five Club, composed of famed legal scholars who have retired from other institutions and have made significant contributions during their second careers at Hastings. The Article traces the beginnings of the Club and highlights the accomplishments of its early members. The negative effects of mandatory retirement are discussed in the context of judicial and legislative treatment of the issue in recent years.

Religion, Law And Ethics--A Call For Dialogue, Jerome Hall

UC Law Journal

The interrelation of religion, ethics, and law raises a multiplicity of questions. Problems of professional and ethical responsibilities are the most obvious, but not necessarily the most profound; basic problems of theory in any interdisciplinary study tend to the most intractable. In Jerome Hall's introduction to this symposium, he calls for broadbased dialogue on the theoretical and practical problems presented by the topic, religion and the law. In conclusion, he expresses the hope that such dialogue will yield practical benefits for laymen as well as professionals in the clergy and the law.

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.

Luther And The Law, Karl H. Hertz

UC Law Journal

In this Article, the author considers the characteristics of feudal Germany during the period of Luther's lifetime and, drawing on these observations, discusses Luther's philosophy regarding law and legal institutions. The author details three basic themes that underlie this element of Luther's thought: first, Luther's rejection of the right of retaliation in favor of objective judicial processes; second, Luther's assertion of the institutional independence of secular government from religious oversight and control but not from religious criticism; and finally, Luther's vision of a natural law that focused primarily upon the mutual interdependence of all humans.

In conclusion, the author notes …

Comparative Impairment And Better Law: Grand Illusions In The Conflict Of Laws, Leo Kanowitz

UC Law Journal

The Article examines the comparative-impairment theory adopted by the California Supreme Court in Bernhard v. Harrah's Club. Comparative-impairment, the author argues, is so imprecise and manipulable as to be largely indistinguishable from a search for "better law." Furthermore, the doctrine of comparative-impairment raises the serious jurisprudential and philosophical questions associated with natural law.

Motion Picture Exhibition Without A License: Alchemy In The Second Circuit, Marc R. Stein

UC Law SF Communications and Entertainment Journal

No abstract provided.

Copyright Revision Act And Visual Artists, Hamish R. Sandison

UC Law SF Communications and Entertainment Journal

No abstract provided.

A Legal Conundrum - Transsexuals In Athletics, Lisa M. Bassis

UC Law SF Communications and Entertainment Journal

No abstract provided.

Jurisdictional Clauses In Consumer Transactions: A Multifaceted Problem Of Jurisdicion And Full Faith And Credit, Rudolf B. Schlesinger

UC Law Journal

A non-resident consumer confers jurisdiction on a creditor in a creditors' haven through a clause in their contract. The creditor obtains a default judgment in the haven which he attempts to execute in the consumer's highly protective home state. In this Article, Professor Schlesinger examines the federal due process, choice-of-law, and jurisdiction problems the creditor and consumer will face. He concludes that, even under the present state of the law, judgments based on such jurisdictional clauses are unlikely to be enforceable in the consumer's state.

Law And Religion In Contemporary Islam, Noel J. Coulson

UC Law Journal

Islamic scholar-jurists developed a purist doctrine of Islamic law which is found in an extensive body of Arabic literature known as the Shari'a manuals. The author describes the impact this doctrine has had on the Islamic legal system in the past and notes its lessening influence today in light of the changes in Islamic family law and Islamic jurisprudential thought in general.