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Full-Text Articles in Law
Legal Homophobia And The Christian Church, Ellen M. Barrett
Legal Homophobia And The Christian Church, Ellen M. Barrett
UC Law Journal
This Article analyzes some of the religious roots of legal homophobia in England and on the Continent, notes the interrelationship of religious and secular prohibitions against homosexual activity, and concludes that we will see continued Church involvement in laws concerning homosexual behavior.
European Perspectives: A Foreword, Detlev F. Vagts
European Perspectives: A Foreword, Detlev F. Vagts
UC Law Journal
In his foreword to the European section of the symposium Professor Vagts takes exception to Professor Roth's proposal to vest corporate management in independent trustees. The Article concludes that independent trustees would not adequately represent the interests of the corporation's shareholders and suggests that control is better left within the internal managerial structure of the corporation.
The Treatment Of Sexual Impairment Injuries Under Worker's Compensation Laws, Jack Dittoe
The Treatment Of Sexual Impairment Injuries Under Worker's Compensation Laws, Jack Dittoe
UC Law Journal
Work-related injuries that have the sole effect of permanently impairing employees' ability to engage in sex or beget children rarely cause any loss of earning capacity. Therefore, permanent disability compensation benefits are not awarded. In addition, workers are precluded from maintaining tort suits because the compensation acts provide the exclusive remedy. This Note, with special emphasis on California law, examines the treatment of sexual impairment injuries under workers' compensation laws and analyzes approaches taken by various states. The author discusses possible changes that would ameliorate the harshness of the current scheme and advocates the providing of an additional tort remedy …
Response: The Meaning Of Corporate Social Responsibility Variations On A Theme Of Edwin M. Epstein, Alfred F. Conard
Response: The Meaning Of Corporate Social Responsibility Variations On A Theme Of Edwin M. Epstein, Alfred F. Conard
UC Law Journal
The author discusses four meanings attributed to "corporate social responsibility" by the many people who use the term: (1) regulatory justification meaning, (2) regulatory compliance meaning, (3) regulatory leadership meaning, (4) reallocation meaning.
Censoring The Law In California: Decertification Revisited, Julie Hayward Biggs
Censoring The Law In California: Decertification Revisited, Julie Hayward Biggs
UC Law Journal
Decertification, or deletion from publication, of appellate opinions by the California Supreme Court is not subject to any rule of court or procedure requiring notice of such requests to litigating or interested parties or groups. The author argues that the continued use of such unsanctioned procedure may have adverse effects on the rights and interests of subsequent litigants or of special interest groups, the doctrine of stare decisis, and the ethical constraints imposed on the judicial system by the adversarial tradition.
The Modern Concept Of Duty: Hoyem V. Manhattan Beach City School District And School District Liability For Injuries To Truants, Matthew A. Hodel
The Modern Concept Of Duty: Hoyem V. Manhattan Beach City School District And School District Liability For Injuries To Truants, Matthew A. Hodel
UC Law Journal
Modern courts have dramatically expanded and simplified the concept of duty in tort law. In the Hoyem decision, the California Supreme Court continued these trends by imposing liability for off-campus injuries to truants. The author examines the case and its position in the mainstream of California negligence law. He argues that the overly flexible nature of duty has, in this instance, led to judicial confrontation of issues best suited to legislative resolution.
For Troubled Youth--Help, Not Jail, Stephen J. Skuris
For Troubled Youth--Help, Not Jail, Stephen J. Skuris
UC Law Journal
The present juvenile court system has proven ineffective in dealing with "status offenders." This Note examines the history and philosophy of the juvenile court system, the problems attendant to the court's jurisdiction over status offenders, and the trend toward elimination of this jurisdiction. The Note sets forth alternative methods of dealing with status offenders--the institution of voluntary social services and advisory arbitration-to supplant responsibility presently placed in the juvenile court system.
City Of Chicago V. Wilson And Constitutional Protection For Personal Appearance: Cross-Dressing As An Element Of Sexual Identity, Laura Richards Craft, Matthew A. Hodel
City Of Chicago V. Wilson And Constitutional Protection For Personal Appearance: Cross-Dressing As An Element Of Sexual Identity, Laura Richards Craft, Matthew A. Hodel
UC Law Journal
This recent Illinois Supreme Court case most clearly impacts on transsexuals who cross-dress, but its treatment of appearance rights in general has serious implications for a broad cross-section of society. The authors place the case in the historical context of prior appearance litigation and examine its implications for similar litigation in the future. Special attention is paid to the way in which restrictions on personal appearance can operate to oppress minorities of all types.
Interstate Libel And Choice Of Law: Proposals For The Future, Laurence M. Rose
Interstate Libel And Choice Of Law: Proposals For The Future, Laurence M. Rose
UC Law Journal
The Article attempts to clarify the choice-of-law question over which state's fault standard should apply to an allegedly libelous statement which was written, investigated, edited, or published in another state. Based upon the constitutional directive given in modem United States Supreme Court libel decisions, Professor Rose reasons that a choice-of-law rule requiring the application of the law of the place where the interstate media defendant's libelous acts have occurred must be established. Several methods of adopting the new rule are considered, including congressional implementation of a federal statute concerning interstate-libel choice-of-law.
A New Concept Of Corporations: A Contractual And Private Property Model, Robert Hessen
A New Concept Of Corporations: A Contractual And Private Property Model, Robert Hessen
UC Law Journal
"Social responsibility"--the doctrine that corporations are obligated to place public service ahead of private profit-rests on three premises: that corporations cannot exist without governmental permission and special privileges; that corporations are "artificial legal entities" and therefore not entitled to the same rights as individuals or other groups; and that giant publicly traded corporations are not private property because they are not personally managed by their owners. This Article challenges these premises, arguing that corporate features are created by contract; that the entity concept is illogical and unnecessary; and that giant corporations are private property because the officers are authorized agents …
Partnership Bankruptcy Under The New Act, John W. Hanley Jr.
Partnership Bankruptcy Under The New Act, John W. Hanley Jr.
UC Law Journal
The Bankruptcy Reform Act of 1978 represents the most comprehensive revision of federal bankruptcy law in the last eighty years. This Article examines the likely impact of the Act on the administration of partnership bankruptcy. The author suggests that while the Act's simplification of procedures and terminology will streamline the administration of partnership bankruptcy and eliminate sources of costly dispute, these same reforms raise uncertainties that must be addressed before the partnership bankruptcy process will be entirely sound.
It's A Bird, It's A Plane, It's The Faa: Government Liability For Negligent Airworthiness Certification, Lawrence Yale Iser
It's A Bird, It's A Plane, It's The Faa: Government Liability For Negligent Airworthiness Certification, Lawrence Yale Iser
UC Law Journal
Recent aviation disaster litigation has focused attention on the liability of the federal government for negligent airworthiness certification. The author traces the arguments for and against imposing this liability, and concludes that where FAA negligence is the proximate cause of an aviation disaster, the government can and should be held liable.
The California Land Conservation Act Of 1965 And The Fight To Save California's Prime Agricultural Lands, John B. Dean
The California Land Conservation Act Of 1965 And The Fight To Save California's Prime Agricultural Lands, John B. Dean
UC Law Journal
The Williamson Act, enacted in 1965 in response to continuing urbanization of agricultural land, utilizes preferential property taxation and voluntary, owner-initiated contracts with the local legislative body. This Note analyzes the Williamson Act in detail, and then evaluates the impact of the Act on the preservation of productive agricultural lands in three counties: Contra Costa, Alameda, and Santa Clara. The Note concludes that the Williamson Act program should be limited to prime agricultural lands, rather than nonurban lands generally, and property tax incentives to owners of such prime agricultural lands should be substantially increased. Further, the Note recommends the implementation …
Mass Liability And Punitive Damages Overkill, Alan Schulkin
Mass Liability And Punitive Damages Overkill, Alan Schulkin
UC Law Journal
With huge punitive damage awards now available to plaintiffs in products liability and other mass disaster cases, the danger of multiple liability for the same act is great. This Note proposes a system to control punitive damages, assuring adequate punishment and deterrence while preventing economic destruction.
Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera
Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera
UC Law Journal
This. survey of the homosexual person's status in American society reveals judicial attitudes towards homosexual individuals through examining cases dealing with most aspects of modem society, from equal employment and family-related issues to the criminalization of homosexual behavior.
Design Professionals--Recognizing A Duty To Inform, Richard M. Shapiro
Design Professionals--Recognizing A Duty To Inform, Richard M. Shapiro
UC Law Journal
This Note explores the possibility of extending a duty to inform, similar to that now imposed upon physicians, to architects and engineers. The author discusses the nature of design services and the legal and policy bases for recognition of the proposed duty as a form of negligence. Finally, the Note examines the problems of proof associated with the prosecution of a claim for a failure to inform.
Discarding The Doctrine Of Supervisory Domination: New Solutions To An Old Conflict Of Interest, Lynn Cox, Peter Martin Nelson
Discarding The Doctrine Of Supervisory Domination: New Solutions To An Old Conflict Of Interest, Lynn Cox, Peter Martin Nelson
UC Law Journal
The doctrine of supervisory domination evolved from the National Labor Relations Act's specific prohibition against employer domination of unions. Currently, however, employers themselves assert that unions are dominated by supervisors in attempts to defeat the certification of unions as collective bargaining representatives of their employees. The authors of this Note argue that because the doctrine of supervisory domination is meaningful only in relation to employer domination of unions, it should be abandoned, and attention refocused on the doctrine's progenitor - actual supervisory domination. Drawing on existing case law and statutory provisions, the authors introduce proposals designed to protect both employers …
Shaffer V. Heitner: Holding, Implications, Forebodings, Stefan A. Riesenfeld
Shaffer V. Heitner: Holding, Implications, Forebodings, Stefan A. Riesenfeld
UC Law Journal
The landmark decision of Shaffer v. Heitner spelled out important constitutional limitations on the exercise of quasi-in-rem jurisdiction, but has nonetheless generated doubts and perplexity in its judicial aftermath. The author argues that the ultimate importance of Shaffer may relate less to its specific holdings regarding quasi-in-rem jurisdiction than to its broader perspective of attributing a constitutional dimension to the classical doctrine of the more convenient forum.
Administrative Enforcement: An Evaluation Of The Securities And Exchange Commission's Use Of Injunctions And Other Enforcement Methods, Thomas L. Hazen
Administrative Enforcement: An Evaluation Of The Securities And Exchange Commission's Use Of Injunctions And Other Enforcement Methods, Thomas L. Hazen
UC Law Journal
The author evaluates the enforcement mechanisms employed by the Securities and Exchange Commission (SEC) in terms of both legal standards applied to SEC actions and the efficiency of current enforcement efforts. The potential for increasing effectiveness of SEC enforcement through expanded investigatory and adjudicatory powers at the administrative level and through decreased emphasis on injunctive relief is discussed. Finally, the author outlines the anticipated effects of recent developments in the field, including the Supreme Court decision in Parklane Hosiery Co. v. Shore and the approval by the American Law Institute of the proposed Federal Securities Code.
Dependency And Termination Proceedings In California--Standards Of Proof, David V. Otterson
Dependency And Termination Proceedings In California--Standards Of Proof, David V. Otterson
UC Law Journal
Within recent years, a dispute has arisen in the courts of appeal over the proper standards of proof required to support a petition brought to invoke a court's dependency jurisdiction under Welfare and Institutions Code section 300 or to terminate parental rights pursuant to Civil Code section 232. After examining the source of the confusion surrounding the standards of proof in proceedings under those statutes, the Note explores the practical implications for the competing interests in these proceedings of applying the "clear and convincing evidence" standard and suggests that the "preponderance of the evidence" standard more adequately protects those competing …
Reborn Federalism In Western Water Law: The New Melones Dam Decision, Roderick Walston
Reborn Federalism In Western Water Law: The New Melones Dam Decision, Roderick Walston
UC Law Journal
The Reclamation Act of 1902 delegated to the states the power to control the use of water developed by federal reclamation projects. In the years following the Act's enactment, however, a series of Supreme Court decisions gradually eroded this state power and culminated in the holding that the federal government has the exclusive right to control water developed by the projects. In the recent case of Caifornia v. United States, the Supreme Court restored a sense of federalism to western water law by reversing its prior decisions and recognizing once again the states' right to control the use of federally-developed …
Stre(A)Tching The 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act, Edward Francis Cotter Jr.
Stre(A)Tching The 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act, Edward Francis Cotter Jr.
UC Law Journal
In 1972 the Longshoremen's and Harbor Workers' Compensation Act was given a major overhaul. The contours of the amendments are still being discovered. One area which has been scrutinized closely is the longshoreman's personal injury action against the vessel owner. Even though the amendments created an exclusive remedy against the vessel owner based on negligence, an ingenious court has allowed a longshoreman to sue a vessel owner on a products liability theory. This Note examines the validity of that court's decision.
California Civil Code Section 3264 And The Ghost Of The Equitable Lien, Paul D. Gutierrez
California Civil Code Section 3264 And The Ghost Of The Equitable Lien, Paul D. Gutierrez
UC Law Journal
Construction lenders in California have long been haunted by the judicially created equitable lien, by which contractors and materialmen have been permitted to gain security for unpaid work while evading established statutory procedures. Civil Code section 3264 is the most recent statute enacted by the California Legislature in its effort to quash the equitable lien; nonetheless, claimants persist in attempting to resurrect this nonstatutory remedy, and the trial courts have proven reluctant to move forcefully against it. The author contends that the mandate of Civil Code section 3264 is sufficiently unambiguous to require that the California courts bury the spectre …
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
UC Law Journal
Compulsory licensing is a system by which the copyright owners of most music are required to license their music to others for recording purposes. Under present and prior law, the royalty rate to be paid under compulsory licenses is specified by statute. Although the parties to a license are free to negotiate both the terms and royalty rates of the license, the terms are in fact dictated by the recording industry and the statutory royalty rate is never exceeded. The author analyzes the events that have created this situation and recommends that the statutory royalty rate be greatly increased so …
Assessment Of Civil Monetary Penalties For Water Pollution: A Proposal For Shifting The Burden Of Proof Regarding Damages, Diane Price Taylor
Assessment Of Civil Monetary Penalties For Water Pollution: A Proposal For Shifting The Burden Of Proof Regarding Damages, Diane Price Taylor
UC Law Journal
The increasing use of civil monetary penalties as an enforcement device in environmental legislation has presented the problem of assessing the appropriate amount to be imposed in individual cases. Under many penalty statutes, this task is delegated to the courts with no assessment guidance provided for other than a maximum penalty figure. The author examines the evidentiary burden of proof problems raised by such statutes in the water quality control area, with a focus on California Water Code section 13385, the state counterpart to the federal Clean Water Act civil penalty provision, 33 U.S.C. § 1319(d).
Former Civil Code Section 3369: A Study In Judicial Interpretation, Wesley J. Howard
Former Civil Code Section 3369: A Study In Judicial Interpretation, Wesley J. Howard
UC Law Journal
California's unfair competition statute was enacted in 1933. It took nearly thirty years before the statute was interpreted in accordance with its "plain" meaning. Attorneys still suffer from a lack of understanding as to how this law is used in California by the Attorney General, District Attorney and other public and private consumer advocates. This Note traces the history of the statute, with suggestions as to future use of the versatile consumer protection tool.
Employment Protection And Gender Dysphoria: Legal Definitions Of Unequal Treatment On The Basis Of Sex And Disability, Stuart A. Wein, Cynthia Lark Remmers
Employment Protection And Gender Dysphoria: Legal Definitions Of Unequal Treatment On The Basis Of Sex And Disability, Stuart A. Wein, Cynthia Lark Remmers
UC Law Journal
Transsexuality, also known as gender dysphoria syndrome, has only recently been recognized as a legitimate medical entity that may be treated by reassignment surgery and psychological therapy. This Article traces the development of this recognition by the medical profession and outlines the social and legal issues still facing transsexuals, focusing on employment discrimination. State and federal decisions based on sex discrimination statutes have proven unsatisfactory to protect transsexuals. The authors contend that sex discrimination statutes should be interpreted to protect transsexuals and suggest two alternative approaches, based on constitutional theories and statutes designed to protect handicapped individuals, that may better …
Response, Robert W. Hamilton
Response, Robert W. Hamilton
UC Law Journal
In his response to Dr. Hessen's article, Professor Hamilton questions whether the concession theory of corporateness is relevant to a discussion of corporate social responsibility.
Societal, Managerial, And Legal Perspectives On Corporate Social Responsibility--Product And Process, Edwin M. Epstein
Societal, Managerial, And Legal Perspectives On Corporate Social Responsibility--Product And Process, Edwin M. Epstein
UC Law Journal
The author analyzes corporate social responsibility in light of the particularly central historical and economic position of the business organization in American life. He examines the concept of business responsibility in terms of both corporate ends and the process of corporate governance and concludes that this concept will continually shift with changing societal expectations.
King Solomon's Judgment Expressing Principles Of Discretion And Feedback In Legal Rules And Reasoning, Lawrence C. George
King Solomon's Judgment Expressing Principles Of Discretion And Feedback In Legal Rules And Reasoning, Lawrence C. George
UC Law Journal
The Anglo-American legal system requires rules of law that are expressed directly and concisely. As a result, the full content of some legal principles remains unstated, occasionally giving the directly stated rule the appearance of a paradox in its application. Professor George examines three examples of such apparent paradoxes, terming them "Loops," "Reversals," and "Hitches." He explores their use in providing understandable statements of law, in allowing the use of feedback in judicial decisions, and in providing a cover for the exercise of judicial discretion.