Law Commons^™

Second Children Second Best--Equal Protection For Successive Families Under State Child Support Guidelines, Rebecca Burton Garland

UC Law Constitutional Quarterly

No abstract provided.

Getting There: A Brief History Of The Politics Of Supreme Court Appointments, Calvin R. Massey

UC Law Constitutional Quarterly

No abstract provided.

Teague And Death: The Impact Of Current Retroactivity Doctrine On Capital Defendants, David R. Dow

UC Law Constitutional Quarterly

No abstract provided.

Modifications To The Traditional Public Forum Doctrine: United States V. Kokinda And Its Aftermath, Michael J. Mellis

UC Law Constitutional Quarterly

No abstract provided.

Evidence Scholarship, Old And New, Roger C. Park

Faculty Scholarship

No abstract provided.

Slaying The Monsters Of Cost And Delay: Would Disclosure Be More Effective Than Discovery?, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Secret Justice And The Adversary System, Frank Askin

UC Law Constitutional Quarterly

No abstract provided.

Beyond 16 U.S.C. 1247(D): The Scope Of Congress's Power To Preserve Railroad Rights-Of-Way, Theodore G. Phillips

UC Law Constitutional Quarterly

No abstract provided.

No-Fault Personal Injury Automobile Insurance: The Quebec And New York Experiences And A Proposal For California, Sonja Stenger

UC Law SF International Law Review

One of the primary purposes of the automobile liability insurance system is to provide compensation to people injured in automobile accidents. Many experts agree that the traditional liability system has failed to adequately perform this function. California has been particularly affected by the failure of the traditional liability insurance system. This Note describes how no-fault automobile insurance improves on the liability insurance system and how it solves some of the system's biggest problems. This Note also analyzes two no-fault systems, that of Quebec and that of New York, and proposes a no-fault system for California.

A Comparison Of Japanese And American Taxation Of Capital Gains, Brian Van Vleck

UC Law SF International Law Review

Japan has employed heavy tax preferences for capital gains as part of a spectacularly successful national policy of encouraging capital formation and economic growth. The United States, in contrast, brought an end to sixty-five years of capital gains preferences with the Tax Reform Act of 1986. A very limited cut was enacted in 1990. However, President George Bush has made further reductions in the capital gains tax a central goal of his administration. This Note analyzes the experience of both nations and examines the effects of capital gains taxation on economic efficiency, levels of national investment, the politics of income …

Environmental Protection In Post-Socialist Eastern Europe: The Polish Example, Julian Conrad Juergensmeyer, Michael Kulesza, Ewa Gmurzynska

UC Law SF International Law Review

Political and governmental changes in Eastern Europe have brought about an information explosion concerning the extent of environmental degradation in those countries. Poland is an example of Eastern Europe's pursuit of rapid industrialization to the detriment of the environment. This Article describes the severe air and water pollution problems in Poland. The authors discuss the environmental laws which existed under the communist government and the proposed Draft Law, and recommend changes to bring Poland's environmental law more in line with the laws of Western Europe.

Some Thoughts On International Environmental Law From The Perspective Of A Domestic Practitioner, Brian E. Gray

UC Law SF International Law Review

No abstract provided.

Nihon-Hastings Conference--Foreword, Frank T. Read

UC Law SF International Law Review

No abstract provided.

Political, Regulatory, And Legal Problems: Focusing On The Securities Banking Fence Issue, Insider Trading, And The Disclosure Systems, Ichiro Matsui

UC Law SF International Law Review

There have been many new developments in Japanese securities law in the last few years. The author reviews some of the most important of these developments, including the movement to allow banks to participate in the securities business and new regulations pertaining to insider trading and disclosure. The author describes the substance of these new developments and analyzes the potential and actual effects of each of them.

Getting New Drugs To People With Aids: A Public Policy Response To Lansdale, Marsha N. Cohen

UC Law Constitutional Quarterly

No abstract provided.

Clarifying Fair Play And Substantial Justice: How The Courts Apply The Supreme Court Standard For Personal Jurisdiction, Leslie W. Abramson

UC Law Constitutional Quarterly

No abstract provided.

Legislation Punishing Drug Use During Pregnancy: Attack On Women's Rights In The Name Of Fetal Protections, Nancy K. Schiff

UC Law Constitutional Quarterly

No abstract provided.

Order In The Court: Challening Judges Who Incarcerate Pregnant, Substance-Dependent Defendants To Protect Fetal Health, Barrie L. Becker

UC Law Constitutional Quarterly

No abstract provided.

The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul

Faculty Scholarship

No abstract provided.

It's Time To Create A Bay Area Regional Government, Kenneth A. Brunetti

UC Law Journal

The San Francisco Bay Area and its six million people face an increasing number of urban problems that cannot be solved by its present form of government. Traffic congestion, ineffective public transportation, pollution, growing mounds of garbage, lack of affordable housing, decreasing open space, and dwindling water supplies are just some of the problems facing Bay Area residents. All of these problems are regional in nature and cannot be solved by individual cities or counties. Yet, the Bay Area has no governing body with the power to address the region's collective problems. Instead, the Bay Area continues to try to …

Defense Expert Testimony On Rape Trauma Syndrome: Implications For The Stoic Victim, Nicole Rosenberg Economou

UC Law Journal

The Indiana Supreme Court recently held that because the alleged victim of a traumatic rape was observed dancing and drinking the night after the rape, it was not likely that she in fact was raped. This Note examines the literature and judicial decisions regarding the phenomenon of "rape trauma syndrome" in an effort to assess whether the Indiana decision was correct in its application of novel scientific evidence and whether it is appropriate for either the prosecution or defense to use expert testimony regarding the victim's post-rape mental state to prove or deny consent. The author suggests that the public …

The Criminalization Of Belief: When Free Exercise Isn't, Edward Egan Smith

UC Law Journal

In Walker v. Superior Court, the California Supreme Court held that the criminal prosecution for involuntary manslaughter and felony child endangerment of a mother who withheld orthodox medical treatment from her ill child based on her religious beliefs did not violate free exercise. Citing the United States Supreme Court's doctrinal distinction between the absolute protection of religious beliefs and the qualified protection afforded religious conduct, the court characterized such criminal prosecutions as constitutional restrictions on religious conduct. This Note argues that the Walker court was wrong. Because the court held that an express exemption for spiritual treatment in section 270 …

Exorcising Langdell's Ghost: Structuring A Criminal Procedure Casebook For How Lawyers Really Think, Andrew E. Taslitz

UC Law Journal

First established by Christopher Columbus Langdell in the late nineteenth century, the case-method of legal education has been the subject of increasing criticism in recent years. Professor Taslitz joins the battle against the case-method, but from a slightly different vantage point. His Essay focuses not on what law professors do in the classroom, but instead examines the primary tool that they use: the casebook. In order to understand the traditional casebook's failings, Professor Taslitz critiques one of the newest and best criminal procedure casebooks on the market, Criminal Procedure: Constitutional Constraints Upon Investigation and Proof, by Welsh White and James …

Statutory Protection Of The Other Mother: Legally Recognizing The Relationship Between The Nonbiological Lesbian Parent And Her Child, Elizabeth A. Delaney

UC Law Journal

Two recent decisions of the California Court of Appeal, Curiale v. Reagan and Nancy S. v. Michele G., have held that in the context of child custody and visitation battles, the status of legal parent is limited to biological and adoptive parents. The effect of these decisions is to seriously limit the options available to nonbiological parents in same-sex relationships who wish to pursue child custody and visitation actions.

This Note considers the legal remedies currently available to lesbian parents. It examines the existing, yet ineffective strategies, available to these parents in California and explains why the California statutory scheme …

The Rightful Position In Wrongful Life Actions, Michael B. Kelly

UC Law Journal

For two decades children suffering from severe genetic defects have sought recovery from genetic counselors whose alleged negligence caused their births, but not their defects. In these cases the courts have stumbled over traditional remedial principles. Because the child would not have been born but for the negligence, few courts have been willing to accept a child's allegation that her rightful position-unborn-is preferable to her impaired condition.

In this Article, Professor Kelly argues that in order to advance social policies favoring compensation, deterrence, and fairness, courts must analyze genetic counselling torts more thoroughly and more imaginatively. He then proposes three …

Dedication To Bret Leslie Lansdale, Chris Moore

UC Law Constitutional Quarterly

No abstract provided.

From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone

UC Law Constitutional Quarterly

No abstract provided.

Autonomy, Debate, And Corporate Speech, David Shelledy

UC Law Constitutional Quarterly

No abstract provided.

The State Action Doctrine And The Rehnquist Court, Henry C. Strickland

UC Law Constitutional Quarterly

No abstract provided.

Federal Civil Rights: Fact Or Fiction--A Proposal To Remove Eleventh Amendment Immunity In Section 1983 Actions, Debra L. Watanuki

UC Law Constitutional Quarterly

No abstract provided.