Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (1263)
- International Law (952)
- Comparative and Foreign Law (917)
- Intellectual Property Law (879)
- Entertainment, Arts, and Sports Law (849)
-
- Communications Law (847)
- Environmental Law (627)
- Business Organizations Law (271)
- Judges (258)
- Law and Gender (247)
- Law and Race (221)
- Science and Technology Law (174)
- Legal Ethics and Professional Responsibility (121)
- Criminal Law (101)
- Criminal Procedure (95)
- Civil Procedure (70)
- Evidence (55)
- Civil Rights and Discrimination (47)
- Legal Biography (39)
- Legal Education (39)
- Labor and Employment Law (36)
- Tax Law (28)
- Taxation-Federal (28)
- Water Law (27)
- Administrative Law (26)
- Legal Profession (25)
- Courts (23)
- Immigration Law (21)
- Contracts (20)
- Keyword
-
- Japan (9)
- Litigation (3)
- Cigarette tax (2)
- Class Action (2)
- Gender (2)
-
- Legal Education (2)
- 947 (1)
- Accountable care organizations (1)
- Alzheimer's (1)
- Attorneys (1)
- Carceral health law (1)
- China (1)
- Civil Rights and Discrimination (1)
- Collaborative Scholarship (1)
- Consent (1)
- Criminal Justice (1)
- Criminal Trials (1)
- Deliberate indifference (1)
- Delphi (1)
- Dementia (1)
- Drug (1)
- Drug approval process (1)
- Drug industry (1)
- Drugs (1)
- Economics (1)
- Environmental Litigation (1)
- Estelle v. Gamble (1)
- Feasibility (1)
- Federal agencies (1)
- Federalism (1)
- Publication Year
- Publication
-
- UC Law Journal (3156)
- UC Law Constitutional Quarterly (1245)
- Faculty Scholarship (1037)
- UC Law SF International Law Review (890)
- UC Law SF Communications and Entertainment Journal (846)
-
- UC Law Environmental Journal (604)
- UC Law Business Journal (266)
- UC Law Journal of Race and Economic Justice (218)
- UC Law SF Journal on Gender and Justice (204)
- UC Law Science and Technology Journal (156)
- The Judges' Book (148)
- Publicity & News Clippings (99)
- Hastings Journal of Crime and Punishment (26)
- Taxation & Traynor (20)
- Initiatives (3)
- Publication Type
Articles 5911 - 5940 of 8918
Full-Text Articles in Law
Murray V. Giarratano: Right To Counsel In Postconviction Proceedings In Death Penalty Cases, Alice Mcgill
Murray V. Giarratano: Right To Counsel In Postconviction Proceedings In Death Penalty Cases, Alice Mcgill
UC Law Constitutional Quarterly
No abstract provided.
National Collegiate Athletic Association V. Tarkanian: A Death Knell For The Symbiotic Relationship Test, Branden J. Tedesco
National Collegiate Athletic Association V. Tarkanian: A Death Knell For The Symbiotic Relationship Test, Branden J. Tedesco
UC Law Constitutional Quarterly
No abstract provided.
State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris
State Art And Artifacts Indemnity: A Solution Without A Problem, Nan Morris
UC Law SF Communications and Entertainment Journal
Prices for art works have risen enormously in recent years. For a museum to bring a major exhibition to the public often depends on the costs involved in insuring it. The Federal Arts and Artifacts Indemnity Act provides some relief from these expenses. Additionally, three states, Florida, Iowa, and Texas, have enacted similar statutes to aid their museums in hosting exhibitions not covered by the federal act. Do these state statutes really fill a need, and, if so, why do so few museums seem interested in them? The author concludes that state indemnity will help exhibitors and that disinterest on …
Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore
Chan V. Korean Air Lines, Ltd.: The United States Supreme Court Eliminates The American Rule To The Warsaw Convention, Larry Moore
UC Law SF International Law Review
This Article reviews the effect of the Supreme Court decision in Chan v. Korean Air Lines which restricted the legal techniques used in the United States to overcome the recovery limits on personal injury claims in airline disasters. The Article looks at the history of the Warsaw Convention, the rules which American courts developed over the years to circumvent the Convention, and the possible international, political consequences of this decision.
Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley
Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley
UC Law SF International Law Review
The right to organize trade unions is widely recognized as essential to the well being of workers. This right is protected as a human right by the customary law of nations. When a country is occupied in wartime, its trade unions may be regarded with suspicion by the occupying power which may view them as providing a cover for anti-occupation activity. Nonetheless, the right of trade unions to function is not abrogated by the fact of belligerent occupation. An occupant must permit trade unions to carry out their activities.
Recognition Of The African National Congress And The Apartheid Government A Proposal For The United States, Kirsten Spalding Brubeck
Recognition Of The African National Congress And The Apartheid Government A Proposal For The United States, Kirsten Spalding Brubeck
UC Law SF International Law Review
On February 2, 1990, South African President F.W. de Klerk unbanned the African National Congress (ANC), a political party which had been working in exile for thirty years. A week later he released jailed ANC leader Nelson Mandela. As the South African government concedes that the African National Congress has a role to play in South Africa, the United States should re-evaluate its relationship with both the apartheid government and the African National Congress. This Note examines the law of recognition which should govern United States diplomatic relations. It suggests that the United States should derecognize the South African government …
The Single European Act, Stefan A. Riesenfeld
The Single European Act, Stefan A. Riesenfeld
UC Law SF International Law Review
This Article discusses the genesis and the progress of integration achieved by the Single European Act. It describes the increased role of the European Parliament in the legislative processes of the Communities, especially through the new cooperation procedure, and the actions to be taken on the Community Level, in particular completion of the single market by 1993, increased protection of the environment, advancement of social conditions, and gradual transformation into an economic and monetary union.
The Current Status Of Mercenaries In The Law Of Armed Conflict, Edward Kwakwa
The Current Status Of Mercenaries In The Law Of Armed Conflict, Edward Kwakwa
UC Law SF International Law Review
Mercenaries have existed since the earliest recorded armed conflict. However, recent trends in the conduct of armed conflict have raised questions over the problem of mercenaries and their status in the laws of war. The Article discusses some of the problems encountered in attempts to regulate the incidence of mercenarism and the norms of international law that govern the treatment of mercenaries in armed conflict.
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
UC Law Journal
Beginning with the focus of Legal Realism on the importance of the judge's "hunch," judicial discretion has become a major topic for American legal theory. Two separate bodies of literature have developed, incorporating different perspectives on the subject of judicial discretion. This Article analyzes the nature of both the jurisprudential and procedural perspectives on discretion and determines that both are incomplete. Each asks questions that cannot be answered without reference to the other perspective. This Article reformulates the questions about judicial discretion and seeks to develop a new approach to thinking about discretion, by analyzing the assumptions implicit in the …
If I Had A Rocket Launcher: Critical Legal Studies As Moral Terrorism, David Fraser
If I Had A Rocket Launcher: Critical Legal Studies As Moral Terrorism, David Fraser
UC Law Journal
Critical Legal Studies has been described, by friend and foe alike, as a form of guerilla warfare. This Article shows that this characteristic is politically and militarily inaccurate. Rather, it advances the argument that Critical Legal Studies bears a closer resemblance to urban "terrorist" groups such as the Red Army Faction and the Red Brigades. It argues that if proponents of Critical Legal Studies were to draw inspiration from the practices of "terror" and "terrorists," they would be better placed to extract the full political and practical potential from the doctrines they espouse and proclaim. Or, at least, they could …
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
UC Law Journal
With the maturing of employment law and litigation, the shift away from class action to individual lawsuits, attempts to address more subtle forms of discrimination, and recent Supreme Court decisions vastly restricting systemic actions, Title VII of the Civil Rights Act of 1964 has become essentially a private dispute resolution mechanism. This Article argues that the remedies available under Title VII, however, do not serve either articulated purpose of the statute: to make the victims of impermissible discrimination whole and to discourage employers' discriminatory practices. Back pay awards in individual suits are too small to serve as effective deterrents, and …
Personal Reflections On Art Law, Jessica L. Darraby
Personal Reflections On Art Law, Jessica L. Darraby
UC Law SF Communications and Entertainment Journal
No abstract provided.
Children Watching Television Advertising: What's Wrong With This Picture, Peter Hallifax
Children Watching Television Advertising: What's Wrong With This Picture, Peter Hallifax
UC Law SF Communications and Entertainment Journal
In 1983 the FCC abandoned its role as regulator of children's television advertising. Since then, Congress has been trying, so far without success, to enact legislation compelling the FCC to resume its former role. This Note reviews the history of children's television advertising regulation, examines the need for such rules, and concludes that the type of rules contemplated by Congress presume that television advertising directed at children is inherently deceptive. The Note concludes that this presumption is unwarranted, and that the issue should be fully. explored before laws which restrict children's viewing choices are enacted.
A Continuing Source Of Aggravation: The Improper Consideration Of Mitigating Factors In Death Penalty Sentencing, Joshua N. Sondheimer
A Continuing Source Of Aggravation: The Improper Consideration Of Mitigating Factors In Death Penalty Sentencing, Joshua N. Sondheimer
UC Law Journal
Whether a capital defendant is to be executed or instead receive life imprisonment typically is determined under modern death penalty statutes through a process of weighing the aggravating and mitigating circumstances in each defendant's case. The United States Supreme Court recently acknowledged what perceptive judge and commentators had been saying for some time-that juries in capital cases, without adequate guidance, may improperly consider certain mitigating factors as factors favoring execution. This problem may occur for instance, when the jury views a defendant's mental disorder as a factor in aggravation because it indicates a propensity for future dangerous behavior. The Supreme …
Judicial Disqualification: Is Sexual Orientation Cause In California, Charles Malarkey
Judicial Disqualification: Is Sexual Orientation Cause In California, Charles Malarkey
UC Law Journal
One of the most fundamental concepts of our legal system is the impartiality of judges. Statutes, case law, and professional codes set out the standards by which we measure improper bias in the judiciary. In California, section 170.2(a) of the Code of Civil Procedure states that a judge's membership in a "racial, ethnic, religious, sexual or similar group" is not a ground for disqualification in a proceeding involving the rights of the same group. This Note examines whether this provision should be applied to protect judges from disqualification based solely on sexual orientation. After concluding that legislative intent is inconclusive …
Broadening Anachronistic Notions Of Family In Proxy Decisionmaking For Unmarried Adults, Amy L. Brown
Broadening Anachronistic Notions Of Family In Proxy Decisionmaking For Unmarried Adults, Amy L. Brown
UC Law Journal
The law favors traditional family relationships in many ways. In some cases, this preference amounts to unfair discrimination against people who form nontraditional primary relationships. One such situation involves medical proxy decisionmaking for unmarried adults involved in serious, quasi-marital relationships. Medical decisionmaking statutes and cases demonstrate a strong preference for legal relatives to act on behalf of incapacitated adults. Courts and doctors have applied this preference mechanically, without considering whether the selection of a legal relative will protect the incapacitated patient's interest in selfdetermination. This Note discusses one tragic case clearly demonstrating the unfairness of rote selection of a legal …
Second Bites At The Jurisdictional Apple: A Proposal For Preventing False Assertions Of Diversity Of Citizenship, Bruce A. Wagman
Second Bites At The Jurisdictional Apple: A Proposal For Preventing False Assertions Of Diversity Of Citizenship, Bruce A. Wagman
UC Law Journal
After years of pretrial and trial activities, a large corporate defendant "discovers" that it is a citizen of the same state as the personal injury plaintiff. It presents this information to the court, which is required to dismiss the case based on the rule that, in federal diversity cases, subject matter jurisdiction may be challenged at any time. All the pretrial work by the parties as well as any prior rulings of the federal court are nullities; years of otherwise valuable litigation are rendered meaningless. Moreover, the personal injury plaintiff may be left without a cause of action if the …
The Effects Of Derecognition And Government Succession Upon Locus Standi And Property Rights: The Kokario Case, Leonard B. Boudin
The Effects Of Derecognition And Government Succession Upon Locus Standi And Property Rights: The Kokario Case, Leonard B. Boudin
UC Law SF International Law Review
The Supreme Court of Japan must eventually resolve a dispute between the People's Republic of China (PRC) and the Republic of China (ROC) as to who has title to a dormitory in Japan that was purchased by the ROC when it was recognized by Japan as the government of China. During the pendency of the litigation instituted by the ROC against student residents in the dormitory, the Government of Japan recognized the PRC as the government of China. The case presents two important public law issues: first, whether the derecognized government (ROC) has locus standi, and second, which government has …
Forum Non Conveniens And Equal Access Under Friendship, Commerce, And Navigation Treaties: A Foreign Plaintiff's Rights, Allan Jay Stevenson
Forum Non Conveniens And Equal Access Under Friendship, Commerce, And Navigation Treaties: A Foreign Plaintiff's Rights, Allan Jay Stevenson
UC Law SF International Law Review
The United States is a party to many Friendship, Commerce, and Navigation treaties. Many of these treaties contain "equal access" clauses that grant foreign plaintiffs the same right of access to United States courts as United States citizens receive. This article compares the rights which foreign plaintiffs possess under these equal access clauses with that of United States citizens. More specifically, this article discusses the doctrine of forum non conveniens, and the ability of foreign plaintiffs with the right of equal access to withstand dismissal on these grounds. The article also presents a brief survey of the Friendship, Commerce, and …
The Impact Of European Community Antitrust Law On United States Companies, William Brown
The Impact Of European Community Antitrust Law On United States Companies, William Brown
UC Law SF International Law Review
This Article examines two developments which have made EC competition (or anti-trust) law increasingly important to non- EC companies. First, the European Court's ruling in the Woodpulp case has confirmed the Commission's jurisdiction to apply EC competition law to companies whose agreements or practices affect competition within the Community, even where those companies are based outside, and have no place of business within, the Community. The Article examines the implications of the judgment. Secondly, in preparation for 1992, more and more non-EC companies are acquiring shareholdings in, or forming joint ventures with, EC companies, and competition law has an important …
The New German Product Liability Act, Heinz J. Dielmann
The New German Product Liability Act, Heinz J. Dielmann
UC Law SF International Law Review
On July 25, 1985, the Council of the European Community adopted the Council Directive on the Approximation of Laws, Regulations, and Administrative Provisions of the Member States Concerning Liability for Defective Products. The Directive has a dual purpose: to reconcile the product liability laws of the Member States of the EC, and to improve free trade within the EC. This Article describes the German Product Liability Act that was passed in response to the Directive, and how the Act fits in with the overall scheme of Community law. The Article also briefly describes the status of product liability legislation in …
The Ec Merger Control Regulation, Philippe De Smedt, Georges Vandersanden
The Ec Merger Control Regulation, Philippe De Smedt, Georges Vandersanden
UC Law SF International Law Review
The Merger Control Regulation of the European Communities was formally adopted by the EC Council on December 21, 1989. This ended many months of speculation as to the prospects of its final adoption, as well as to its final form. This Article does not represent an exhaustive analysis of the Regulation, but confines itself to outlining the history of merger control in the EC, describing the more important elements of the Regulation and concluding by noting some of the more interesting questions raised by it.
The Single Market Of 1992: Implications For Banking And Investment Services In The Ec, Annabelle Ewing
The Single Market Of 1992: Implications For Banking And Investment Services In The Ec, Annabelle Ewing
UC Law SF International Law Review
The liberalization of the EC financial services sector is a key component of the 1992 Single Market Program. This Article discusses the two key measures in the banking and investment services sectors, the Second Banking Directive and the proposed Investment Services Directive.
The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw
The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw
UC Law SF International Law Review
On October 30, 1989, the European Community adopted the Community Charter of the Fundamental Social Rights of Workers. This Charter sets social standards which the Community, its Member States, and its businesses must maintain. The Charter protects all Community workers, benefits all its citizens, and is likely to have a political impact far beyond the Community's borders. This Article describes the Charter in detail and analyzes it in the context of current world events. The author calls for the recognition of the basic social protections embodied in the Charter as fundamental rights which should be guaranteed to all human beings.
Television Without Frontiers: Opportunity And Debate Created By The New European Community Directive, Paul Presburger, Michael R. Tyler
Television Without Frontiers: Opportunity And Debate Created By The New European Community Directive, Paul Presburger, Michael R. Tyler
UC Law SF International Law Review
This Article explores the Directive, passed by the European Council on October 3, 1989, designed to coordinate the various television broadcasting laws of the Member States within the European Community. While the Directive, popularly called Television Without Frontiers, certainly opens up internal frontiers hindering trans-European broadcasting, it contains a controversial local content provision requiring a majority of airtime for "European Works" which many have argued raises an external barrier to American television programs. This Article explains how the Directive harmonizes the divergent national laws of the Member States and describes in detail the controversy surrounding the local content requirement. In …
Europe 1992 Removing Fiscal Barriers: The Unlikely Spectre Of Tax Harmonization, Thomas H. Gibson, Meryl A. Rains
Europe 1992 Removing Fiscal Barriers: The Unlikely Spectre Of Tax Harmonization, Thomas H. Gibson, Meryl A. Rains
UC Law SF International Law Review
This Article discusses the possible tax implications which may arise in the European Community as a result of implementing the 1992 initiatives. The Article provides a summary of the existing tax systems (both direct and indirect) which are currently in place in each of the Member States. The diversity of tax systems illustrated by this summary underscores the difficulties in achieving tax harmonization.
Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas
Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas
UC Law SF International Law Review
Anyone who is outraged on hearing accounts of torture, genocide, or other human rights violations also is inevitably frustrated by the international community's helplessness in its inability to right these wrongs. This Note supports the establishment of an international human rights court and proposes that the court be divided into criminal and civil sections. The criminal court would prosecute human rights violations, and the civil court would provide a forum for individual victims and their families to sue and collect damages. In the absence of a comprehensive solution to human rights violations, such as a human rights court, this Note …
Protections Against Hiv-Based Employment Discrimination In The United States And Australia, Georgeana K. Roussos
Protections Against Hiv-Based Employment Discrimination In The United States And Australia, Georgeana K. Roussos
UC Law SF International Law Review
Much fear and ignorance surround AIDS and other stages of HIV infection. The United States and Australia are representative of many countries where anxieties have given rise to discrimination against individuals with HIV infection. HIV-based employment discrimination is a particularly invidious form of discrimination, robbing individuals of capital and other resources when they are needed most to fight a demoralizing and expensive disease. This Note examines the development of employment law protecting the rights of individuals with HIV disorders from disability-based discrimination. After an initial discussion of the disease's characteristics and its incidence, this Note analyzes the status of the …
Korean Air Lines: The Future Interpretation Of Executive And Engage In Friendship, Commerce And Navigation Treaties, Lairold M. Street
Korean Air Lines: The Future Interpretation Of Executive And Engage In Friendship, Commerce And Navigation Treaties, Lairold M. Street
UC Law SF International Law Review
The increased presence of foreign-owned corporations operating under Friendship, Commerce and Navigation Treaties (FCN) and recent U.S. litigation involving these treaties has affected the employment of American citizens and foreign nationals in the United States. Sumitomo Shoji America, Inc. v. Avagliano and Korean Air Lines v. MacNamara focused attention on the importance of this issue. How U.S. courts interpret specific provisions of such treaties will have a significant impact on employment practices of some foreign-owned companies. This Article examines four U.S. laws-the Immigration and Naturalization, Fair Labor Standards, Age Discrimination in Employment, and Bankruptcy Acts; and -the International Labor Organization's …
Confronting Nuclear Terrorism, Louis Rene Beres
Confronting Nuclear Terrorism, Louis Rene Beres
UC Law SF International Law Review
During the next several years, terrorist groups may resort to the insurgent use of nuclear explosives or radioactivity. Faced with this fearful prospect, the United States should now plan for optimal risk-reduction within the settled jurisprudential standards of international law. This paper, therefore, advises government leaders to fully understand the difference between lawful and unlawful insurgencies; to "harden the target" of nuclear materials, weapons, and reactors; and to implement an appropriate "behavioral" strategy of counter-nuclear terrorism. As the risk of nuclear terrorism has transnational implications, like-minded governments are also offered particular patterns of cooperation that involve, inter alia, support for …