Law Commons^™

Constitutionality Without Wisdom: Caplin &(And) Drysdale And Monsanto Examined, Dawn Cartwright

UC Law Constitutional Quarterly

No abstract provided.

City Of Richmond V. J.A. Croson Co.: Charting A Course Through The Supreme Court's Affirmative Action Decisions, Tamar Fruchtman

UC Law Constitutional Quarterly

No abstract provided.

Florida V. Riley: The Descent Of Fourth Amendment Protections In Aerial Surveillance Cases, Jon Gavenman

UC Law Constitutional Quarterly

No abstract provided.

Michael H. V. Gerald D.: Due Process And Equal Protection Rights Of Unwed Fathers, Gail A. Secor

UC Law Constitutional Quarterly

No abstract provided.

The Constitutionality Of Oakland's Nuclear Free Zone Ordinance, Christina White Nevins

UC Law Constitutional Quarterly

No abstract provided.

Preface To Jens B. Koepke's The University Of California Hate Speech Policy: A Good Heart In Ill-Fitting Garb, Edward M. Chen

UC Law SF Communications and Entertainment Journal

No abstract provided.

Altered States: A Comparison Of Separation Of Powers In The United States And In The United Kingdom, James G. Wilson

UC Law Constitutional Quarterly

No abstract provided.

The Big Chill: Business Use Of The Tort Of Defamation To Discourage The Exercise Of First Amendment Rights, Sharlene A. Mcevoy

UC Law Constitutional Quarterly

No abstract provided.

Getting Left Behind: The Impact Of The 1986 Immigration Reform And Control Act Amnesty Program On Single Women With Children, Diane M. Bessette

UC Law SF International Law Review

After ten years of debate about immigration law reform, the United States Congress passed the Immigration Reform and Control Act of 1986 (IRCA). The IRCA includes a section offering amnesty, or legal residence status, to undocumented persons who can establish actual residence in the United States since 1982. This Note examines one aspect of the amnesty application process, the public charge exclusion, and its impact on single women with children. The first section explains the challenges faced by single immigrant women with children through the story of one woman who applied for the IRCA amnesty. The Note then reviews the …

A Comparative Introduction To Japanese &(And) United States Wrongful Termination Law, S. Maya Iwanaga

UC Law SF International Law Review

Business relations between the United States and Japan have led to an increasing exchange of employees. However, United States and Japanese citizens who find themselves within the other's employment system are often confused as to what actions are proper in the employment termination setting. This Note presents an overview of Japanese and United States wrongful termination laws. The Note then highlights the similarities and differences between the two countries' approaches and evaluates the evolution of United States employment law towards a Japanese just cause system.

The Impact Of 1992 On United States Export Control Laws, Giovanna M. Cinelli

UC Law SF International Law Review

United States export control laws govern the majority of trade in dual use and defense related items and services between the United States and its major trading partners. The present system requires licenses and reexport authorization for the goods which are traded. For several years, however, United States trading partners have objected to the reach of these laws and United States industry has complained of the competitive disadvantage to which these laws subject many international companies. The onset of the economic integration of Europe, an integration which will result in the world's largest market, has refocused United States congressional and …

Disparity In The Application Of Legal Principles As A Form Of Trade Restraint: Attorney-Client Privilege In The European Community, Dan R. Mastromarco

UC Law SF International Law Review

This Article briefly describes the origin of the Community confidentiality standard, emphasizing the disparate treatment accorded EC and non-EC attorneys. It discusses the nature of the American attorney-client privilege and the rationale for the privilege; it also explores the inherent problems presented in the EC position. The Article concludes by criticizing the decisions in the AM&S and Deere cases for going against the underlying spirit of the EC through the disparate application of legal principles.

The Child Care Tax Credit: An Investment In The Future, Laurie E. Sherwood

UC Law SF International Law Review

The future of the United States lies in one of its most important resources: its children. Child care plays a key role in the development of this resource. However, we face a child care crisis in the United States: both in terms of costs and quality. This Note, in an effort to address the high costs of child care, discusses the Child Care Tax Credit in the United States, a federal program designed to provide tax relief for working parents who incur child care expenses. A discussion of the Canadian tax approach to child care expenses and a comparison of …

A Proposal For Legislative Effectuation Of Double Jeopardy Protection, Kevin A. Hicks

UC Law Journal

In addition to protecting a criminal defendant against multiple trials, the double jeopardy clause protects those convicted of crimes from multiple punishment for the same offense. This protection presents the problem of how to determine whether two or more charged offenses are truly separate or whether they constitute a single offense. In Blockburger v. United States, the United States Supreme Court adopted a mechanical test, holding that two offenses are different where each requires proof of a fact that the other does not. For many years this "same evidence" test seemed to be the last word on whether two offenses …

The Timber Harvest Plan Exemption From The California Environmental Quality Act: Due Process And Statutory Intent, Ruth Mclay

UC Law Journal

The California Environmental Quality Act was enacted to prevent unnecessary environmental degradation and encourage citizen involvement in environmental protection. One of CEQA's most important means to accomplish this purpose is the environmental impact report, which requires state agencies to respond to public concerns regarding the significant environmental effects of proposed projects before they may be begun. An important exception to the EIR requirement is the exemption for timber harvesting. Although the exemption of timber harvesting is required by law to meet the standards of CEQA, this Note argues that it fails to do so. The Note contends that this exemption …

Watershed And Water Quality Protection In National Forest Management, Tony Arjo

UC Law Journal

One of the significant duties of the United States Forest Service is the protection of watersheds and water quality in the National Forests. The primary statutory authority for the Forest Service in this area is the National Forest Management Act of 1976 (NFMA). This Act was intended to transform the management practices that had embroiled the Forest Service in controversy during the 1960s and 1970s. This Note argues that while the NFMA added procedural protections, it also continues an historical tradition that allows the Forest Service to pursue management practices detrimental to watersheds and water quality as long as they …

Decorative Figureheads: Eliminating Class Representatives In Class Actions, Jean Wegman Burns

UC Law Journal

The role of the class respresentative in class actions has become an enigma. On a doctrinal level, the United States Supreme Court has, at times, treated the named plaintiff as the pivotal figure in the class lawsuit; the fate of the entire action rising or falling with the status of the representative. On other occasions, however, the Court has reduced the representative to nothing more than a figurehead with little or no function. On a practical level, there has been an increasingly open acknowledgement from both courts and commentators that the latter view is closer to reality. That is, the …

Prohibition Of Public Funding For Abortion Counseling: Government Violation Of Women's Constitutional Right Of Privacy, Catherine Hebert

UC Law Constitutional Quarterly

No abstract provided.

By What Authority: Reflections On The Constitutionality And Wisdom Of The Flag Protection Act Of 1989, David L. Faigman

UC Law Constitutional Quarterly

No abstract provided.

The Supreme Court's Bifurcated Interpretation Of The Confrontation Clause, Daniel Shaviro

UC Law Constitutional Quarterly

No abstract provided.

Experimenting With State Constitutional Limits On Punitive Damages In California: Application Of The California Excessive Fines Clause, Thomas Preston Klein

UC Law Constitutional Quarterly

No abstract provided.

The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine

UC Law Journal

Indigent litigants face enormous financial burdens in pursuing civil litigation. These burdens may be divided into two categories: access fees, including costs such as filing fees, and equipage costs, including attorney and expert witness fees. While litigation barriers for indigents have been lowered, courts generally have considered barriers to access rather than barriers to equipage. Yet access to a court may be of little practical significance without sufficient provision for equipage. Indeed, as this Article explains, an indigent's ability to obtain expert assistance can be a decisive factor in civil litigation.

Employing the equal protection clause and the due process …

The Case To Preserve Criminal Jurisdiction Immunity Accorded Foreign Diplomatic And Consular Personnel In The United States, James E. Hickey Jr., Annette Fisch

UC Law Journal

Recently proposed federal legislation would remove criminal jurisdiction immunity presently enjoyed as a matter of right by foreign diplomatic and consular personnel residing in the United States. Such legislation reflects, in the authors' views, both a misplaced concern, expressed in the media and in the recent legal literature, about the threat posed to American society by "diplomatic crime," and a misunderstanding of existing international and domestic law on diplomatic privileges and immunities. The authors oppose any alteration of the present law on grounds that it is unwarranted on the facts, that it would contravene international and domestic law, that it …

Has The Chancellor Shot Himself In The Foot--Looking For A Middle Ground On Rule 11 Sanctions, Melissa L. Nelken

UC Law Journal

Since its amendment in 1983, Rule 11 of the Federal Rules of Civil Procedure has become the focus of extensive litigation, commentary, and controversy. Despite the contrary intentions of the advisory committee, the rule has spawned considerable "satellite litigation," which shows little sign of abating as the rule ends its sixth year. The inconsistent application of Rule 11 and the tendency to award attorney's fees as the usual sanction undermine the rule's deterrent aim. This Article explores the major sources of opposition to Rule 11, using cases from the courts with the highest volume of Rule 11 litigation-the Second, Fifth, …

A New Tort In California: Negligent Infliction Of Emotional Distress (For Married Couples Only), Timothy M. Cavanaugh

UC Law Journal

Elden v. Sheldon, a case recently decided by the California Supreme Court, may represent a new era for California's law of negligent infliction of emotional distress. Richard Elden, the plaintiff in the case, sued for emotional harm resulting from the death of his live-in lover in an automobile accident negligently caused by the defendant. The Elden court departed from the Dillon v. Legg three-factor test, which emphasizes foreseeability of harm to determine liability. Instead, the court relied on policy reasons to deny recovery to the plaintiff. Although the plaintiff and the victim were in a close relationship, one factor of …

The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff

UC Law Journal

This Essay examines the use of history in judicial decisionmaking. Although Justice Holmes found the use of history "a necessity," it is increasingly under attack, particularly from Critical Legal Studies scholars. This Essay discusses the criticism of the historical method and concludes that while the criticism is valuable because it requires us to examine the use and misuse of history, it is also misguided because it overlooks the psychological demands on the judges and the public. This Essay argues that although historical answers" to legal problems are ultimately irretrievable, the use of history is necessary to reduce the cognitive dissonance …

Personalizing The Impersonal: Corporations And The Bill Of Rights, Carl J. Mayer

UC Law Journal

As Americans celebrate the bicentennial of the Bill of Rights, corporations increasingly are invoking Bill of Rights protections to thwart a broad array of government regulation. This Article questions the legitimacy of the corporate claim to Bill of Rights safeguards. It does so by examining the theory and history of corporate assertions of constitutional protections. The Article suggests that the Bill of Rights has become a shield against modern federal regulation in a manner similar to the way the 14th amendment was a shield against state regulation during the early twentieth century-the era of substantive due process. Ironically, just as …

Recent U.S. And International Judicial Protection Of Individual Rights: A Comparative Legal Process Analysis And Proposed Synthesis, Nadine Strossen

UC Law Journal

Recent U.S. Supreme Court decisions have eroded significantly the judicial protection of individual rights, not only in terms of their substantive holdings, but also in terms of the weakened judicial review standards they enunciate. By contrast, the tribunals that enforce the European Convention on Human Rights have displayed the opposite tendencies: toward increased protection of individual rights, not only in substantive terms, but also in terms of heightened judicial scrutiny. The U.S. long has recognized that international legal standards may be incorporated into domestic law in order to enhance the protection accorded to individual rights. Accordingly, Professor Strossen proposes that …

Negligent Spoliation Of Evidence: Skirting The Suit Within A Suit Requirement Of Legal Malpractice Actions, Paul Gary Kerkorian

UC Law Journal

Typically, a plaintiff in a legal malpractice suit must prove by a preponderance of evidence that but for the attorney's alleged negligence, the client would have obtained a more favorable result in his underlying lawsuit. This so-called "suit within a suit" requirement forces the plaintiff to prove his underlying case in order to recover from the defendant attorney for mishandling it. This requirement can operate harshly against the plaintiff, especially when the attorney's own negligence makes evidence unavailable to the plaintiff and thereby makes proof of the underlying case by the client difficult or impossible. This Note proposes that the …

Interest Groups, Political Freedom, And Antitrust: A Modern Reassessment Of The Noerr-Pennington Doctrine, Gary Minda

UC Law Journal

The Noerr-Pennington doctrine, created by the Warren Court in the 1960s, has come to signify an important civil liberties exception to antitrust regulation, one that appears to stand on solid, albeit unexamined, constitutional grounds. This doctrine has permitted groups of competitors to petition government for anticompetitive purposes and anticompetitive effects. As a result of this doctrine corporate interests have been able to develop political strategies for accomplishing predatory market objectives otherwise rendered unlawful under the antitrust laws. This Article challenges the conventional wisdom supporting the Noerr- Pennington doctrine. First, the Article reveals how the doctrine developed on the basis of …