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Articles 1 - 30 of 195
Full-Text Articles in Law
Will California's "One Strike" Law Stop Sexual Predators, Or Is A Civil Commitment System Needed?, Peter A. Zamoyski
Will California's "One Strike" Law Stop Sexual Predators, Or Is A Civil Commitment System Needed?, Peter A. Zamoyski
San Diego Law Review
This Comment urges California and other jurisdictions to enact sexual predator laws to civilly commit dangerous, mentally ill sex offenders who are nearing release from prison and are a credible threat to re-offend. The author propounds a Model Sexual Predators Act, which is argued to be narrowly tailored to achieve the state goal, as required by the Constitution. The author also argues that this Model Act surmounts substantive and procedural due process concerns, increases the safety of the public, and safeguards the accused individual's interest in liberty.
Owning Our Bodies: An Examination Of Property Law And Biotechnology, Richard Gold
Owning Our Bodies: An Examination Of Property Law And Biotechnology, Richard Gold
San Diego Law Review
This Article examines whether property law provides an appropriate forum for determining who should have rights in human biological materials. Property law is discussed and examined with reference to the complex and diverse ways that American society values human biological materials. The author argues that property law allocates goods according to market values. Because certain values, such as dignity and autonomy, cannot readily be translatable into market values, this Article concludes that property law is not sufficient to deal with the non-market aspects of human biological materials.
The Case For Limited Enforceability Of A Pre-Petition Waiver Of The Automatic Stay, Rafael Efrat
The Case For Limited Enforceability Of A Pre-Petition Waiver Of The Automatic Stay, Rafael Efrat
San Diego Law Review
This Article explores whether a pre-petition waiver of the automatic stay in a bankruptcy proceeding is enforceable. Courts that analyze the enforceability of such waivers address the question of whether a debtor and its creditors should be allowed to opt out of this provision of the Bankruptcy Code. Based on conflict within the bankruptcy courts, the author explores the rationale for such conflict among the courts. He then proposes an approach for resolving this conflict consistent with the various statutory and public policy considerations. He concludes that courts should enforce pre-petition waivers of the automatic stay under limited circumstances.
A Neglected Policy Option: Indemnification Of Directors For Amounts Paid To Settle Derivative Suits - Looking Past "Circularity" To Context And Reform, Mae Kuykendall
San Diego Law Review
This Article explores and analyzes the rationale both for and against allowing corporations to indemnify directors for amounts directors pay to settle derivative litigation. The author presents the case for permitting boards to settle cases by allowing a director to acknowledge liability, pay a sum of money to the corporation and receive its prompt return from the corporation. She argues that notwithstanding risks, indemnification of directors in derivative suits is not patently worse that current termination options. It yields more cheaply the same corporate recovery as a court dismissal.
California's Three Strikes Law - Should A Juvenile Adjudication Be A Ball Or A Strike?, Lise Forquer
California's Three Strikes Law - Should A Juvenile Adjudication Be A Ball Or A Strike?, Lise Forquer
San Diego Law Review
This Comment discusses California's Three Strikes sentencing law as it applies to non-jury trial juvenile adjudications. It analyzes the due process and equal protection issues raised by Three Strikes' use of juvenile adjudications as strikes under California law. The author concludes that the classification of these adjudications as strikes will probably withstand a due process challenge. The author recognizes, however, that some equal protection claims may be meritorious. The author concludes by recommending several amendments to the Three Strikes provisions, which would eliminate equal protection challenges.
In Memoriam: Justice Robert O. Staniforth, Valerie Leman
In Memoriam: Justice Robert O. Staniforth, Valerie Leman
San Diego Law Review
This is a dedication to Justice Robert O. Staniforth, who served as a justice of the Court of Appeal, Fourth District, Division One, for a decade. Even in retirement Justice Staniforth accepted numerous assignments to superior courts and courts of appeal, as well as private judging. He was most recently before his death a professor at the University of San Diego School of Law. This Article serves as a dedication to Justice Staniforth, and summarizes his achievements in the legal profession as well as his profound effect on people around him.
Erisa: Reformulating The Federal Common Law For Plan Interpretation, George Lee Flint
Erisa: Reformulating The Federal Common Law For Plan Interpretation, George Lee Flint
San Diego Law Review
This Article develops a standard by which to judge the correctness of the ERISA federal common law rules. That standard requires the protection of participants' reasonable expectations. Using the plan interpretation rule as an example, this Article shows that the present court rules fail this "reasonable expectation" standard. This Article develops the proper plan interpretation rule as a rule that fosters the policies of ERISA, uses a lay understanding principle, allows extrinsic evidence to determine that understanding as well as resolve ambiguities, and employs a default principle of construing the plan in favor of participants.
Commission On California State Government Organization And Economy (Little Hoover Commission), C. Putnam, M. Kim, P. Negley, P. Peng
Commission On California State Government Organization And Economy (Little Hoover Commission), C. Putnam, M. Kim, P. Negley, P. Peng
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board, J. Sive
Contractors State License Board, J. Sive
California Regulatory Law Reporter
No abstract provided.
Department Of Pesticide Regulation, S. Frank, E. D'Angelo Weichel
Department Of Pesticide Regulation, S. Frank, E. D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission, C. B. Biddle, N. Estacio, F. Hagen, R. C. Fellmeth
Public Utilities Commission, C. B. Biddle, N. Estacio, F. Hagen, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Telecommunications Competition Arrives: Is Universal Service Out Of Order?, Barry D. Fraser
Telecommunications Competition Arrives: Is Universal Service Out Of Order?, Barry D. Fraser
California Regulatory Law Reporter
No abstract provided.
Reporter To Cease Publication In Current Format, R. C. Fellmeth
Reporter To Cease Publication In Current Format, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Senate Office Of Research, C. Putnam
Senate Office Of Research, C. Putnam
California Regulatory Law Reporter
No abstract provided.
Board Of Accountancy, M. Reed
Board Of Accountancy, M. Reed
California Regulatory Law Reporter
No abstract provided.
Bureau Of State Audits, J. D. Fellmeth
Bureau Of State Audits, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Cemetery Board, C. Knight
Board Of Funeral Directors And Embalmers, M. Stump
Board Of Funeral Directors And Embalmers, M. Stump
California Regulatory Law Reporter
No abstract provided.
Department Of Alcoholic Beverage Control, C. Anagnopoulos
Department Of Alcoholic Beverage Control, C. Anagnopoulos
California Regulatory Law Reporter
No abstract provided.
Air Resources Board, H. Biggs, J. D. Fellmeth
Air Resources Board, H. Biggs, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Chiropractic Examiners, A. Selvidge
Board Of Chiropractic Examiners, A. Selvidge
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, J. Marino, D. Maruccia, R. C. Fellmeth
State Bar Of California, J. Marino, D. Maruccia, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registration For Professional Engineers And Land Surveyors, L. Baker
Board Of Registration For Professional Engineers And Land Surveyors, L. Baker
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, C. Kendall
Board Of Optometry, C. Kendall
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, J. Corr, P. Peng, J. D. Fellmeth
Medical Board Of California, J. Corr, P. Peng, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, J. Nguyen
Board Of Landscape Architects, D. Mulmat, E. D'Angelo Weichel
Board Of Landscape Architects, D. Mulmat, E. D'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Court Reporters Board Of California, C. B. Biddle
Court Reporters Board Of California, C. B. Biddle
California Regulatory Law Reporter
No abstract provided.