Law Commons^™

The Supreme Court, October 1977 Term, Bernard Schwartz

UC Law Constitutional Quarterly

No abstract provided.

Judicial Immunity And Sovereignty, Robert F. Nagel

UC Law Constitutional Quarterly

No abstract provided.

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

UC Law Constitutional Quarterly

No abstract provided.

Turning Over The Reins: The Abolition Of The Mandatory Appellate Jurisdiction Of The Supreme Court, John M. Simpson

UC Law Constitutional Quarterly

No abstract provided.

Marshall V. Pacific Union Conference Of Seventh-Day Adventists: Expanding The Application Of Excessive Entanglement, Carmen Brenneise

UC Law Constitutional Quarterly

No abstract provided.

Constitutional Review: Supreme Court, October 1977 Term, Marc H. Greenberg, Jeanne La Borde Scholz, Anne Hiaring, Rosemary Hart

UC Law Constitutional Quarterly

No abstract provided.

Good Faith Purchase And Warehouse Receipts: Thoughts On The Interplay Of Articles 2, 7, And 9 Of The Ucc, John F. Dolan

UC Law Journal

Warehouse receipts have in recent years supplemented their traditional role in the transport and storage of commodities by taking on significant marketing and financing functions. Conflict has inevitably arisen, however, between the financier, for whom the document of title represents a security interest in goods, and the purchaser, for whom such a document represents the right to take delivery of those same goods. The UCC, in Articles 2, 7, and 9, articulates a structure for resolving this confrontation; unfortunately, its logical foundation and operation has been understood and applied by both jurists and practitioners all too infrequently. The author demonstrates …

The Right Of Eccentricity, Nicholas Heldt

UC Law Journal

Evolving principles of constitutional law prohibited state control of harmless behavior in O'Connor v. Donaldson. To prevent harm, a state may regulate or punish dangerous behavior, but the police power cannot accommodate control of harmless behavior. The Note examines the constitutional foundation for this limit upon the police power.

Military Medical Malpractice: Remedies For The Overseas Dependent, Jane Louise Stratton

UC Law Journal

Military dependent victims of medical malpractice committed by armed forces personnel in the United States may sue the federal government for damages under the Federal Tort Claims Act. By statutory wording and judicial interpretations this remedy is denied dependents living abroad and recovery is limited to an administrative claim under the Military Claims Act. The author discusses the development of this legal inequity, considers its present application and offers suggestions for legislative correction.

The Need For A Reorientation In American Conflicts Law, Edgar Bodenheimer

UC Law Journal

The debate over the proper analytical approach to choiceof- law problems continues among American legal scholars. Beginning with analysis of Bernhard v. Harrahs Club, recently decided by the California Supreme Court, the author explores the evolution and current state of American conflicts theory, focusing in particular on Professor Currie's governmental interest approach. The author advocates a return to more concrete and predictable choice-of-law rules. Recognizing that serious injustice may result from application of such rules, nonetheless the author suggests that the courts develop principled exceptions to the substantive rules based upon the ancient Aristotelian doctrine of equity. Under this doctrine, …

California Lower Income Housing Policy: At Legislative And Judicial Crossroads, Dirk A. Fulton

UC Law Journal

California is experiencing an emerging lower income housing crisis which is aggravated by exclusionary land use regulations. This result occurs as California housing policy approaches a critical decisionmaking point before both the legislature and the judiciary. The author analyzes pending legislation, current statutes, and decisional law, including the recent Livermore case, regarding exclusionary land use regulations. The author concludes that continued resistance to inclusionary housing policy is intolerable and that the Livermore opinion can be applied so that lower income households are not denied equal access to affordable housing

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 …

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 …

Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane

UC Law Journal

The enactment in 1948 of Rule 60(b)(6) of the Federal Rules of Civil Procedure raised concerns that courts would take too broad a discretion in granting relief from federal judgments. Reviewing the experience of the past 30 years, Professor Kane finds that, while such discretion has not been abused, uncertainty engendered by the rule has prolonged and unnecessarily complicated litigation. She suggests reasons why finality should be favored over a continued search for truth in the four principal situations in which Rule 60(b)(6) is applied. To this end, Professor Kane proposes a rationale for dealing with such situations so as …

The Case For Abrogation Of Taxpayer Privilege In California, John P. Doyle

UC Law Journal

The rule in California affording taxpayer litigants a privilege against compelled disclosure of federal and state tax returns is impugned. Protective orders are suggested as a means of accommodating confidentiality interests that might be compromised by abrogation of the privilege.

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.

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.

Accounting For Business Combinations Under The New California Corporations Code, Miguel De Capriles, John M. Brown

UC Law Journal

Two innovative features of the new California Corporations Code touch upon the subject of accounting for business combinations: the unprecedented weight given to the authoritative opinions of the accounting profession and the special treatment of "reorganization." The authors argue that, under the new code, it is not permissible as a rule to account for the assets or stock, acquired by the issue of shares in a business combination, in accordance with the pooling of interests method.

I.R.C. Section 119: Is Convenience Of The Employer A Valid Concept, Adrian A. Kragen, Klonda Speer

UC Law Journal

Present interpretations of the Convenience of the Employer Rule, Section 119 of the Internal Revenue Code, allows a special privilege tax advantage to some employees while denying an exclusion from income to others similarly situated. The authors urge elimination of Section 119 from the Code or, in the alternative, adoption of a new test designed to eliminate the current inequities.

The Limits Of Judicial Creativity, Roger J. Traynor

UC Law Journal

As the volume of statutes promulgated by legislatures grows, judges have an increasingly difficult role as interpreters of these laws. The author examines this judicial responsibility and suggests the need to strike a balance between active judicial analysis and legislative innovation.

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.

Canon Law And The Common Law, William W. Bassett

UC Law Journal

The author has made this, as he says, book-sized topic into a compact sketch of the potential influence of the canon law and the common law. In other words, the Article suggests throughout that, indeed, the canon law jurisprudence of the Middle Ages has made more than mere scratchings in the tablets of common law tradition.

The author approaches his task by initially examining the canon law through the texts produced throughout the medieval period when canon law, which articulated the values and ideals of western Europe, was dominant. Then he addresses, more particularly, the contributions of the canonists to …

Marsiglio Of Padova: Father And Creator Of The Modern Legal System, Peter J. Riga

UC Law Journal

This 14th century philosopher extended the theories of Aristotle and Thomas Aquinas in proposing the divorce of secular law from religious rule. In his view, only human jurisdiction and human law are valid in dealing with the natural world. The author presents Marsiglio as the first truly modem formulator of positive law, and his work as the foundation of the modern secular 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.

Restitution For Life Salvage At Sea In The Wake Of Peninsular & Oriental Steam Navigation Co. V. Overseas Oil Carriers, Inc., Derek B. Jacobson

UC Law Journal

The United States Court of Appeals for the Second Circuit has recognized a quasi-contract remedy for those who save life on the high seas. The Note examines the court's decision in light of admiralty's traditional stance denying recovery to the life salvor and legislative responses to that doctrine.