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UC Law Journal

Journal

1981

Articles 1 - 30 of 53

Full-Text Articles in Law

Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird Jan 1981

Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird

UC Law Journal

No abstract provided.


Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry Jan 1981

Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry

UC Law Journal

No abstract provided.


Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr. Jan 1981

Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr.

UC Law Journal

The Federal Aviation Administration's Age 60 Rule compels passenger airline pilots to retire at the age of sixty regardless of health or ability to continue flying. This Comment explores various aspects of the application of the Rule to pilots who fly commercial aircraft. The Comment first reviews the history of the Rule. The Comment then examines legal challenges to the Rule and legislative attempts to modify it. Finally, the Comment concludes that the Rule should be revoked in light of advances in medical and aeronautical technology.


Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso Jan 1981

Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso

UC Law Journal

In Arizona ;. Manypenny, the United States Supreme Court held that the federal appeals statute, 28 United States Code section 1291, permits appeals by a state prosecutor in federal court if such appeals are authorized by state law. This Article examines the need for an integrated theory of statutory interpretation to resolve the issue of whether states and territories have a right to appeal in federal court. The Article then addresses the broader issue raised by Manypenny: when should the plain meaning rule be applied and a statutes plain meaning adopted? The Article concludes by offering a comprehensive scheme of …


The California Constitution And The California Supreme Court In Conflict Over The Harmless Error Rule, Angus M. Macleod Jan 1981

The California Constitution And The California Supreme Court In Conflict Over The Harmless Error Rule, Angus M. Macleod

UC Law Journal

No abstract provided.


Nlrb V. Yeshiva University: The Professional-Managerial Overlap, Susan Grody Jan 1981

Nlrb V. Yeshiva University: The Professional-Managerial Overlap, Susan Grody

UC Law Journal

No abstract provided.


Foreword, Claude Pepper Jan 1981

Foreword, Claude Pepper

UC Law Journal

No abstract provided.


Age Discrimination In Employment And The Permissibility Of Occupation Age Restrictions, Marc Rosenblum Jan 1981

Age Discrimination In Employment And The Permissibility Of Occupation Age Restrictions, Marc Rosenblum

UC Law Journal

No abstract provided.


Reflections On Conflict-Of-Laws Methodology: A Dialogue, Uc Hastings College Of The Law Jan 1981

Reflections On Conflict-Of-Laws Methodology: A Dialogue, Uc Hastings College Of The Law

UC Law Journal

No abstract provided.


Preventing The Manipulation Of Commodity Futures Markets: To Deliver Or Not To Deliver, M. Van Smith Jan 1981

Preventing The Manipulation Of Commodity Futures Markets: To Deliver Or Not To Deliver, M. Van Smith

UC Law Journal

No abstract provided.


Reform Of American Conveyancing Formality, Robert D. Brussack Jan 1981

Reform Of American Conveyancing Formality, Robert D. Brussack

UC Law Journal

No abstract provided.


The 1979 Amendments To The Speedy Trial Act: Death Of The Planning Process, Robert L. Misner Jan 1981

The 1979 Amendments To The Speedy Trial Act: Death Of The Planning Process, Robert L. Misner

UC Law Journal

No abstract provided.


In Memoriam Wiley W. Manuel, Raymond L. Sullivan Jan 1981

In Memoriam Wiley W. Manuel, Raymond L. Sullivan

UC Law Journal

No abstract provided.


Capital Gains And Losses--The Sale Or Exchange Requirement, Boris I. Bittker Jan 1981

Capital Gains And Losses--The Sale Or Exchange Requirement, Boris I. Bittker

UC Law Journal

No abstract provided.


The Federal Antitrust Laws And Radius Clauses In Shopping Center Leases, Adrienne J. Marsh Jan 1981

The Federal Antitrust Laws And Radius Clauses In Shopping Center Leases, Adrienne J. Marsh

UC Law Journal

No abstract provided.


Radiation Injury And The Atomic Veteran: Shifting The Burden Of Proof On Factual Causation, Allan Favish Jan 1981

Radiation Injury And The Atomic Veteran: Shifting The Burden Of Proof On Factual Causation, Allan Favish

UC Law Journal

No abstract provided.


Ibew V. Foust: A Hint Of Negligence In The Duty Of Fair Representation, Joshua Robert Steinhauer Jan 1981

Ibew V. Foust: A Hint Of Negligence In The Duty Of Fair Representation, Joshua Robert Steinhauer

UC Law Journal

No abstract provided.


Protecting The Elderly: The New Paternalism, John J. Regan Jan 1981

Protecting The Elderly: The New Paternalism, John J. Regan

UC Law Journal

No abstract provided.


The Three Legged Stool: Women And Retirement (In)Security, Frances Leonard Jan 1981

The Three Legged Stool: Women And Retirement (In)Security, Frances Leonard

UC Law Journal

No abstract provided.


The Right Of The Older Worker To Accrue Pension Benefits: Problems Of Federal Law Exceptions And State Law Preemption, Benjamin W. Gale Jan 1981

The Right Of The Older Worker To Accrue Pension Benefits: Problems Of Federal Law Exceptions And State Law Preemption, Benjamin W. Gale

UC Law Journal

No abstract provided.


The Class Action Suit Under The Age Discrimination In Employment Act: Current Status, Controversies, And Suggested Clarifications, James D. Lipschultz Jan 1981

The Class Action Suit Under The Age Discrimination In Employment Act: Current Status, Controversies, And Suggested Clarifications, James D. Lipschultz

UC Law Journal

No abstract provided.


Concluding Remarks, Donald T. Trautman Jan 1981

Concluding Remarks, Donald T. Trautman

UC Law Journal

No abstract provided.


Reflections On Conflict-Of-Laws Methodology, Peter Hay Jan 1981

Reflections On Conflict-Of-Laws Methodology, Peter Hay

UC Law Journal

No abstract provided.


Concluding Remarks, Peter Hay Jan 1981

Concluding Remarks, Peter Hay

UC Law Journal

No abstract provided.


Congressional Discretion Under The Property Clause, Eugene R. Gaetke Jan 1981

Congressional Discretion Under The Property Clause, Eugene R. Gaetke

UC Law Journal

The Supreme Court has described Congress' power under the property clause of the Constitution as "without limitations." The implications of a congressional power that is limitless are troubling, particularly when Congress invokes the clause to regulate conduct on nonfederal land. This Article challenges the Court's statement that the property clause is limitless and suggests a balancing approach for determining the proper scope of congressional power under the property clause.


The Effect Of Geothermal Classification On The Use And Development Of Water: Conflicts Between State And Federal Laws, William C. Dresser Jan 1981

The Effect Of Geothermal Classification On The Use And Development Of Water: Conflicts Between State And Federal Laws, William C. Dresser

UC Law Journal

The classification of byproduct water is a significant legal problem presented by the development of geothermal power as an energy source. This Comment examines these classifications and discusses the conflicts in the ownership and use of geothermal byproduct water that arise from these classifications. To further the development of geothermal power and to protect the needs of the states, the Comment proposes that state law, rather than federal, govern the use and ownership of geothermal byproduct water.


Punitive Damages Under The Age Discrimination In Employment Act, George J. Wardwell Jan 1981

Punitive Damages Under The Age Discrimination In Employment Act, George J. Wardwell

UC Law Journal

Although the Age Discrimination in Employment Act (ADEA) clearly authorizes an award of compensatory damages for pain and suffering resulting from age discrimination, it is less clear that an award of punitive damages is contemplated by the statute. This Comment reviews the judicial development of punitive damages under the ADEA. The Comment next examines whether the language of the Act, its similarity to other statutes, the availability of liquidated damages under the ADEA, or public policy requires that the courts be permitted to make awards of punitive damages. The Comment concludes that an award of punitive damages is appropriate under …


The Battered Wife's Dilemma: To Kill Or To Be Killed, Loraine Patricia Eber Jan 1981

The Battered Wife's Dilemma: To Kill Or To Be Killed, Loraine Patricia Eber

UC Law Journal

No abstract provided.


Foreword, John L. Burton Jan 1981

Foreword, John L. Burton

UC Law Journal

No abstract provided.


Statistics As Evidence Of Age Discrimination, Gregory L. Harper Jan 1981

Statistics As Evidence Of Age Discrimination, Gregory L. Harper

UC Law Journal

No abstract provided.