Law Commons^™

Analyzing "The Politics Of (Evidence) Rulemaking", Eileen A. Scallen

UC Law Journal

The creation and interpretation of evidence rules is a burgeoning area for evidence scholarship. Recent changes to federal evidence law, such as the addition of rules on the admissibility of a defendant's prior sexual conduct, and the amendments to the rules regarding expert testimony, have highlighted the political and controversial aspects of procedural rulemaking. Professor Scallen, Chair of the Evidence Section of the American Association of Law Schools, was responsible for organizing the panel on "The Politics of [Evidence] Rulemaking." The panel addressed the following questions: who should make the evidence rules-the judiciary, the legislature, the executive? What role should …

After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

UC Law Journal

Because of federal Constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing Constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, this Article recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.

Is There A Constitutional Right To Clone, Cass R. Sunstein

UC Law Journal

Recent scientific innovations, and proposed legislation have raised - questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional "right to clone." This Essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banning both forms of cloning are based on ignorance, myths, and speculation. It is extremely important to distinguish between reproductive and nonreproductive cloning, and it is equally important …

What's So Strange About Human Cloning, Radhika Rao

UC Law Journal

In this Essay, Professor Radhika Rao, explores three reasons for the popular repugnance toward human cloning and their consequences for the question whether or not there is a constitutional right to clone a human being. She argues that, although the impulse to ban human cloning may stem from the wrong reasons, human cloning may still be banned for the right reasons.

Public Policy Crafted In Response To Public Ignorance Is Bad Public Policy, Lee Silver

UC Law Journal

No abstract provided.

Seeing Double: The Ethics Of Human Cloning, Margaret R. Mclean

UC Law Journal

No abstract provided.

Placing A Moratorium On Research Cloning To Ensure Effective Control Over Reproductive Cloning, Alexander Morgan Capron

UC Law Journal

No abstract provided.

Human Cloning: Insights From Twins And Twin Research, Nancy L. Segal

UC Law Journal

No abstract provided.

Human Cloning: Myths, Medical Benefits And Constitutional Rights, Mark D. Eibert

UC Law Journal

No abstract provided.

Cloning, Science And Public Policy, Deborah Ortiz

UC Law Journal

No abstract provided.

Cloning And Commodification, Margaret Jane Radin

UC Law Journal

No abstract provided.

The Role Of A Supreme Court In A Democracy, Aharon Barak

UC Law Journal

The President of the Supreme Court of Israel, in his 2001 Justice Matthew 0. Tobriner Memorial Lecture, presents his reflections on the inevitable judicial lawmaking on part of the courts of last resort. According to President Barak, the weighing and balancing of conflicting values in such lawmaking should be a rational process, and objective, in the sense of reflecting deep values of the society. Every judicial decision should, moreover, fit the tradition of the legal system, as well as the general structure of the institutional-governmental systems of the society. Finally, President Barak calls on judges to be open-minded and aware …

Mandating Effective Treatment For Drug Offenders, Lisa Rosenblum

UC Law Journal

Drug offense recidivism continues to plague our overburdened criminal justice system. Increases in sentencing and incarceration rates have done little to mitigate the problem. Given the unique nature of chemical addiction, traditional penal measures have been ineffective in deterring repeat offenders. Noting the failure of incarceration, this Note proposes that treatment and rehabilitation of drug offenders are more appropriate means of reducing illegal drug use. More specifically, this Note considers as models Arizona and California Acts that mandate substituting court-supervised drug treatment and education programs for incarceration. In advancing the rehabilitative ideal, these Acts have been more successful than previous …

From Katz To Kyllo: A Blueprint For Adapting The Fourth Amendment To Twenty-First Century Technologies, Ric Simmons

UC Law Journal

In 1967, the Supreme Court decided the landmark case of United States v. Katz, which engineered a paradigm shift in Fourth Amendment law: instead of focusing solely on property interests in determining whether or not a "search" had occurred, the Court broadened the scope of the Amendment's protection to include any activity in which an individual has a "reasonable expectation of privacy." However, subsequent decisions by lower courts-as well as recent decisions by the Supreme Court itself-have shown a continuing tension in the Katz legacy.

This Article argues that an accurate application of the Katz test considers only the result …

Outdoor Accessibility Requirements Of The Americans With Disabilities Act: Must Holders Of Conservation Easements Provide Ada Access?, Ellen Aubrey Fred

UC Law Journal

Conservation easements offer a unique way to preserve land in perpetuity while at the same time providing tax benefits to the landowner. Prior to the 1970s' Congressional enactment of the tax provision in question, one could not obtain a federal income tax deduction for a donation to a nonprofit organization of less than one's entire interest in real property. Internal Revenue Code section 170(h) modified that outcome by allowing a federal income tax deduction for a donation of a qualified conservation easement, and in its wake, a highly specialized movement was born. A landowner can now donate a partial interest …

Plagiarism, Norms, And The Limits Of Theft Law: Some Observations On The Use Of Criminal Sanctions In Enforcing Intellectual Property Rights, Stuart P. Green

UC Law Journal

As the recent controversies surrounding alleged unattributed copying by historians Doris Kearns Goodwin and the late Stephen Ambrose illustrate, plagiarism is a concept that evokes both strong passions and genuine puzzlement. Because it is not, strictly speaking, a legal concept, plagiarism has mostly been ignored by legal commentators. In this article, Professor Green seeks to use criminal law concepts (such as intent, willful ignorance, consent, harm, and the distinction between mistake of law and mistake of fact) to elucidate the meaning of plagiarism; and the idea of plagiarism to explore the outer limits of theft law (particularly as it relates …