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Articles 6121 - 6150 of 8918
Full-Text Articles in Law
Sketches For A New Law School, Christopher T. Matthews
Sketches For A New Law School, Christopher T. Matthews
UC Law Journal
Finding legal education neither sufficiently legal nor sufficiently educational, this Essay first describes the current "state of the school" from a student perspective, and then sketches a new model, designed to make the experience more worthwhile.
When To Believe A Legal Fiction: Federal Interests And The Eleventh Amendment, Ann Althouse
When To Believe A Legal Fiction: Federal Interests And The Eleventh Amendment, Ann Althouse
UC Law Journal
This Article shows that, for all of the historical analysis that has dominated eleventh amendment cases, the members of the Supreme Court have made their doctrinal choices motivated by their perception of the federal interests at stake in various cases. This Article documents this underlying federal interest analysis, which has led the Court to create the legal fiction of Ex Parte Young and then to apply it selectively. Noting that some of the Court's restrictiveness in the name of the eleventh amendment may stem from an unwillingness to go beyond express statutory remedies, the Article proposes a distinction between constitutional …
Conservation Easements And The Doctrine Of Changed Conditions, Jeffrey A. Blackie
Conservation Easements And The Doctrine Of Changed Conditions, Jeffrey A. Blackie
UC Law Journal
A conservation easement restricts the use of real estate for environmental protection purposes. Authorized by statute, these easements are generally granted in perpetuity to government agencies or charitable organizations. This Note examines the possibility of a challenge to the perpetual character of conservation easements by an application of the doctrine of changed conditions. This doctrine historically has been used to terminate residential restrictions when the conditions surrounding the restricted area have changed frustrating the purpose of the restriction or imposing an undue hardship on the landowners. This Note discusses the history and purposes of conservation easements, and analyzes the rationale …
Multiple Defendant Settlement In 10b-5: Good Faith Contribution Bar, Wm. Bruce Davis
Multiple Defendant Settlement In 10b-5: Good Faith Contribution Bar, Wm. Bruce Davis
UC Law Journal
The private cause of action implied from Securities and Exchange Commission Rule lOb-5 often involves several defendants, with varying levels of culpability. The courts have established that each defendant has the right of contribution from the other defendants. Courts have not resolved, however, what effect a settlement made by a single defendant will have on either contribution claims or a subsequent award in litigation. Without knowledge of the effect of a settlement, it is very difficult for the parties to strike an effective bargain, as they do not know what rights they are trading in exchange for the settlement. This …
Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley
Constitutional Values And The Adjudication Of Taft-Hartley Act Dues Objector Cases, Roger C. Hartley
UC Law Journal
In 1988, the United States Supreme Court decided the landmark case, Communication Workers v. Beck. There, for the first time, the Court held that a union violates the Taft-Hartley Act when, over a dues payer's objection, it expends compulsory union dues on activities not "germane" to collective bargaining. Investing the NLRB with authority to review the expenditure of millions of dollars of union dues monies, Beck promises to inaugurate a new era of governmental involvement in union internal affairs. This article seeks to add unity and coherence to the threshold task of identifying activities a union may compel a dues …
Life After Foley: The Future Of Wrongful Discharge Litigation, David J. Jung, Richard Harkness
Life After Foley: The Future Of Wrongful Discharge Litigation, David J. Jung, Richard Harkness
UC Law Journal
Until recently, wrongful discharge suits could be based on at least three theories: retaliatory discharge in violation of an important public policy, bad faith discharge, and breach of contract for firing without good cause. Based on the first two theories a plaintiff could, and in a few well-publicized cases did, get substantial tort damages. The California Supreme Court's decision in Foley v. Interactive Data Corporation may have changed all of that by eliminating tort damages for wrongful discharge except in situations when an employee is discharged in violation of an important public policy. At the same time, the court may …
Judicial Humor: A Laughing Matter?, Marshall Rudolph
Judicial Humor: A Laughing Matter?, Marshall Rudolph
UC Law Journal
Humorous judicial opinions are curious legal creatures. Although they account for only a small percentage of all opinions, their existence is widely known in the legal community. From puns to poems, subtle wit to full-blown dementia, humorous opinions represent virtually every form and degree of comedic endeavor. Yet, it is easy to forget while reading a humorous opinion that real parties with genuine legal interests at stake were involved in the case. Despite the entertainment value of amusing opinions, one must question their propriety. This Note focuses on the controversial aspects of humorous judicial opinions, By examining a cross section …
No Faith In Bad Faith, Michael Cohen
No Faith In Bad Faith, Michael Cohen
UC Law Journal
The attempt by California voters to reform the insurance industry by passing Proposition 103 was well publicized. Less well known, however, is that three recent judicial decisions, two by the California Supreme Court and one by the United States Supreme Court, severely limit bad faith actions against insurance companies. These decisions bar individuals receiving insurance through employee benefits plans from bringing bad faith actions against insurers, ruling that such actions are preempted by ERISA. This Note begins by discussing the evolution of, and policies underlying, bad faith actions against insurers in California. The Note next examines the United States Supreme …
Theories Of Personal Deductions In The Income Tax, Thomas D. Griffith
Theories Of Personal Deductions In The Income Tax, Thomas D. Griffith
UC Law Journal
Personal deductions play an important role in determining individual tax liability. This Article examines three prominent personal deduction models: the "tax expenditure" model of Professor Stanley Surrey, the "personal consumption plus accumulation" model of Professor William Andrews, and the "market transactions" model of Professor Mark Kelman. The Article examines the underlying ethical basis of each model and concludes that none is founded on coherent normative principles. It then presents a model showing how, under certain simplifying assumptions, the medical deduction might be evaluated using two well-known normative principles-utilitarianism and a variant of the Rawlsian maximin principle. Finally, the Article argues …
Realism And Reasonableness In Statutory Interpretation: People V. Anderson, Gina Limandri
Realism And Reasonableness In Statutory Interpretation: People V. Anderson, Gina Limandri
UC Law Journal
In 1983, the California Supreme Court ruled that a finding of intent to kill was required for the imposition of capital punishment on felony murderers under the California death penalty initiative. When reviewing the initiative, the court employed the traditional method of statutory interpretation, which requires a court to focus on the statutory language itself and on the historical context in which the statute was passed. Four years later in People v. Anderson, however, the court overruled its interpretation of the death penalty initiative and held that intent to kill was not an element of the felony murder special circumstance …
The Lack Of Judicial Direction In Political Gerrymandering: An Invitation To Chaos Following The 1990 Census, Stephen J. Thomas
The Lack Of Judicial Direction In Political Gerrymandering: An Invitation To Chaos Following The 1990 Census, Stephen J. Thomas
UC Law Journal
Political gerrymandering involves the intentional manipulation of legislative boundaries by one political party against another for partisan purposes. Following the 1980 Census, amid charges of political gerrymandering in several states, Davis v. Bandemer and Badham v. Eu became the first cases to accept the justiciability of political gerrymandering. Bandemer and Badham, however, failed to provide sufficient guidance to judge the constitutionality of future reapportionment legislation. This Note argues that the standards suggested by these cases provide an open invitation to political gerrymandering following the 1990 Census. This Note argues that the power to elect a representative is at the heart …
The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby
The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby
UC Law Journal
In these essays, the authors explore different views of the criminal trial as a means of determining "innocence." The more specific focus of the discussion is the role of the presumption of innocence and the best means for determining the facts to which the reasonable doubt rule should apply. Professor Schwartz, responding to an earlier article by Professor Sundby, argues that the presumption of innocence should be implemented through a standard by which a court would ask whether legislation or a procedure was "arbitrary, incompatible with civilized respect for the individual, and shocks the conscience of the Court." In response, …
To Have And Have Not: Assessing The Value Of Social Science To The Law As Science And Policy, David L. Faigman
To Have And Have Not: Assessing The Value Of Social Science To The Law As Science And Policy, David L. Faigman
Faculty Scholarship
No abstract provided.
Completing Equity's Conquest? Reflections On The Future Of Trial Under The Federal Rules Of Civil Procedure, Richard L. Marcus
Completing Equity's Conquest? Reflections On The Future Of Trial Under The Federal Rules Of Civil Procedure, Richard L. Marcus
Faculty Scholarship
No abstract provided.
After Professional Virtue, Geoffrey C. Hazard Jr.
After Professional Virtue, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Abortion, Incommensurability, And Jurisprudence, Joan C. Williams
Abortion, Incommensurability, And Jurisprudence, Joan C. Williams
Faculty Scholarship
No abstract provided.
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
A Reconsideration Of Instream Appropriative Water Rights In California, Brian E. Gray
Faculty Scholarship
No abstract provided.
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
"In Search Of Bigfoot": The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray
Faculty Scholarship
No abstract provided.
A Primer On California Water Transfer Law, Brian E. Gray
A Primer On California Water Transfer Law, Brian E. Gray
Faculty Scholarship
No abstract provided.
Early Neutral Evaluation: The Second Phase, David I. Levine
Early Neutral Evaluation: The Second Phase, David I. Levine
Faculty Scholarship
No abstract provided.
State Sovereignty And The Tenth And Eleventh Amendments, Calvin R. Massey
State Sovereignty And The Tenth And Eleventh Amendments, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Swords Into Ploughshares: Why The United States Should Provide Refuge To Young Men Who Refuse To Bear Arms For Reasons Of Conscience, Karen Musalo
Faculty Scholarship
No abstract provided.
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, H.G. Prince
Faculty Scholarship
No abstract provided.
Mistakes Lawyers Make In Discovery, William W. Schwarzer
Mistakes Lawyers Make In Discovery, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey
Adam Smith Assaults Ma Bell With His Invisible Hands: Divesture, Deregulation, And The Need For A New Telecommunications Policy, Paul Stephen Dempsey
UC Law SF Communications and Entertainment Journal
In this article, the author provides a comprehensive legal, political, economic, and social analysis of the divestiture and partial deregulation of America's communications giant, AT&T. He reviews the three legal regimes that now oversee the telecommunications industry-the Federal Communications Commission, the state regulatory commissions, and Judge Harold Greene. After analyzing the costs and benefits of divestiture and deregulation, the author proposes congressional adoption of specific statutory solutions to the problems that have emerged. It is argued that the Federal Communications Act of 1934 should be updated to address contemporary social and economic needs.
Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt
Constitutional Considerations Of The Children's Television Act Of 1988: Why The President's Veto Was Warranted, David S. Versfelt
UC Law SF Communications and Entertainment Journal
Late last year, President Reagan surprised many when he vetoed the Children's Television Act of 1988, which would have limited the time available for commercials broadcast during children's programming. His veto message referred to "freedom of expression," but did not elaborate on first amendment concerns raised by the legislation. The author evaluates these and other issues and concludes that President Reagan's veto was consistent with a sensitive approach to first amendment issues in the area of children's advertising.
Sobering News For The Alcohol Industry, Amanda Grove
Sobering News For The Alcohol Industry, Amanda Grove
UC Law SF Communications and Entertainment Journal
On November 18, 1989, the Alcoholic Beverage Labeling Act of 1988 will become operative. As a result of this new federal law, all alcoholic beverage containers will be required to bear a government warning label. This note focuses on the past, present, and future of alcohol warning label legislation. First, the author traces the history and development of state and federal alcohol warning label legislation, analyzing key factors which led to passage of the Alcoholic Beverage Labeling Act of 1988. Next, the author critically examines the Act, highlighting omissions and proposing improvements. Finally, the author explores sources of continuing pressure …
Entitled, Michelle Ben-Hur
Entitled, Michelle Ben-Hur
UC Law SF Journal on Gender and Justice
No abstract provided.
Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
Discovery Vices And Trans-Substantive Virtues In The Federal Rules Of Civil Procedure, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Life After Foley: The Bottom Line, David Jung, Richard Harkness
Life After Foley: The Bottom Line, David Jung, Richard Harkness
Faculty Scholarship
No abstract provided.