Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

UC Law SF

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 6481 - 6510 of 8918

Full-Text Articles in Law

Retaliatory Discharge For Filing A Workers' Compensation Claim: The Development Of A Modern Tort Action, Jean C. Love Jan 1986

Retaliatory Discharge For Filing A Workers' Compensation Claim: The Development Of A Modern Tort Action, Jean C. Love

UC Law Journal

To protect employees from being discharged in retaliation for filing a workers' compensation claim, courts and legislatures have fashioned a remedy-the tort action of retaliatory discharge. While this Article examines the tort of retaliatory discharge for workers' compensation in particular, its analysis applies as well in other retaliatory discharge contexts. The Article surveys the development of the tort of retaliatory discharge, sets forth the prima facie case of liability, and explores problems in proving causation. The Article then discusses available defenses and recommends that courts and legislatures recognize both legal and equitable remedies. Finally, the Article examines legislation that may …

Go to article

Public Safety Legislation And The Referendum Power: A Reexamination, Chip Lowe Jan 1986

Public Safety Legislation And The Referendum Power: A Reexamination, Chip Lowe

UC Law Journal

The public safety exception to the permissive referendum limits the power given to voters in many states to suspend and veto bills enacted by state or local legislative bodies. The exception excludes from referral those laws passed for the express purpose of preserving public peace, health, or safety. This Article analyzes the scope and standards of judicial review of the legislative declarations of public safety. The Article begins with an examination of the history of the referendum and its controversial role in the democratic process. The Article explores the traditional judicial deference to legislative declarations of emergency that are used …

Go to article

States As Litgants In Federal Court: Whether The Seventh Amendment Right To Jury Trial Applies To The States, Julia A. Dahlberg Jan 1986

States As Litgants In Federal Court: Whether The Seventh Amendment Right To Jury Trial Applies To The States, Julia A. Dahlberg

UC Law Journal

Courts have struggled to define the scope and meaning of the seventh amendment over the past two centuries. Only the Ninth and Tenth Circuits have determined whether the seventh amendment right to jury trial extends to a state litigant. Both circuits concluded that the state has such a right, but failed to provide a sound basis for their conclusion. Recognizing that the lack of a sound basis for extension of the seventh amendment jury trial right can lead to inconsistent determinations of the issue, this Note fully examines the question and develops such a basis. The Note first discusses the …

Go to article

California's Collateral Source Rule And Plaintiff's Receipt Of Uninsured Motorist Benefits, John L. Antracoli Jan 1986

California's Collateral Source Rule And Plaintiff's Receipt Of Uninsured Motorist Benefits, John L. Antracoli

UC Law Journal

The collateral source rule ("Rule") has been a source of controversy in the courts, legislatures, and among commentators. The Rule provides that a tortfeasor cannot reduce an adverse judgment by the amount of collateral benefits received by the plaintiff. Critics of the Rule argue that it conflicts with the compensation function of tort law and contributes to increased insurance costs. Due to its controversial nature, courts have developed a number of exceptions to the Rule. An evolving exception to the Rule in California pertains to uninsured motorist benefits received pursuant to California Insurance Code section 11580.2. Two California courts of …

Go to article

Transition From Fetus To Infant: A Problem For Law Ethics, Albert R. Jonsen Jan 1986

Transition From Fetus To Infant: A Problem For Law Ethics, Albert R. Jonsen

UC Law Journal

No abstract provided.

Go to article

Forced Medical Treatment Of Pregnant Women: Compelling Each To Live As Seems Good To The Rest, Lawrence J. Nelson, Brian P. Buggy, Carol J. Weil Jan 1986

Forced Medical Treatment Of Pregnant Women: Compelling Each To Live As Seems Good To The Rest, Lawrence J. Nelson, Brian P. Buggy, Carol J. Weil

UC Law Journal

This Article addresses the question of when, if ever, it is ethically and legally permissible to compel a competent, pregnant woman to undergo medical treatment for the sake of her fetus. The Article begins with a discussion of the various clinical situations in which maternal-fetal conflict may arise and the perceptions of clinicians faced with a maternal refusal of treatment. It then explores the ethical questions raised if a physician were to compel a pregnant woman to undergo treatment for the benefit of her fetus. This discussion is followed by an investigation of the legal status of the fetus and …

Go to article

Infant Care Review Committees: An Effective Approach To The Baby Doe Dilemma, Robyn S. Shapiro, Richard Barthel Jan 1986

Infant Care Review Committees: An Effective Approach To The Baby Doe Dilemma, Robyn S. Shapiro, Richard Barthel

UC Law Journal

Uncertainties regarding the diagnosis, prognosis, and possible outcomes of treatment for impaired newborns present an array of legal and ethical dilemmas to those who must decide what care to provide for them. The recently enacted federal Child Abuse Amendments of 1984 and accompanying "Baby Doe" regulations, designed to protect against withholding medically indicated treatment, add further complexity to the decision-making process. This Article begins by examining the factors involved in medical decision-making for impaired newborns. It then discusses the implications of the Baby Doe regulations, focusing on three procedural mechanisms that could satisfy the requirements of the regulations. Finding drawbacks …

Go to article

Midwives And Home Birth: Social, Medical, And Legal Perspectives, Charles Wolfson Jan 1986

Midwives And Home Birth: Social, Medical, And Legal Perspectives, Charles Wolfson

UC Law Journal

Whether stemming from a desire to obtain more control over the birth process, an attempt to achieve financial savings, or simply a wish to create a supportive environment responsive to individual needs, home birth has attracted parents from a wide social spectrum. This Article first explores the advantages and disadvantages of home birth by focusing on obstetric practices, the hospital setting, and the attendant physician. It then examines the present state of the law regarding home birth and lay midwives, concluding that the applicable law is both divergent and uncertain. The Article then addresses the constitutional issue of whether the …

Go to article

Contracts Jurisprudence And Article Nine Of The Uniform Commercial Code: The Allowable Scope Of Future Advance And All Obligations Clauses In Commerical Security Agreements, Bruce A. Campbell Jan 1986

Contracts Jurisprudence And Article Nine Of The Uniform Commercial Code: The Allowable Scope Of Future Advance And All Obligations Clauses In Commerical Security Agreements, Bruce A. Campbell

UC Law Journal

Security agreements under Article Nine of the Uniform Commercial Code which contain a clause providing that all the debtor's obligations to the creditor are secured reate interpretive difficulties when a creditor claims that the clause secures an obligation other than one incurred at the time the agreement was entered. Some courts and commentators influenced by Professor Grant Gilmore have applied a "same class-relatedness" test in interpreting such clauses to preclude a creditor's secured-status with regard to obligations of a different kind than that contemplated in the original agreement, while others interpret such clauses literally. This Article discusses the systemic assumptions …

Go to article

Hepatitis, Aids And The Blood Product Exemption From Strict Products Liability In California: A Reassessment, Pamela T. Westfall Jan 1986

Hepatitis, Aids And The Blood Product Exemption From Strict Products Liability In California: A Reassessment, Pamela T. Westfall

UC Law Journal

California Health & Safety Code section 1606 declares that all suppliers of blood and blood products provide a service and not a sale. Courts have construed this statute as precluding strict liability actions in cases involving contaminated transfusible blood and blood-derivative products. This Note analyzes the history behind the exemption of blood products from strict liability and discusses the ramifications of this exemption in the context of both hepatitis and AIDS contamination. The Note argues that, in keeping with the public policies underlying strict liability, the exemption should remain for suppliers of transfusible blood but should be eliminated for commercial …

Go to article

Dun & Bradstreet V. Greenmoss: Cutting Away The Protective Mantle Of Gertz, Michael Greene Jan 1986

Dun & Bradstreet V. Greenmoss: Cutting Away The Protective Mantle Of Gertz, Michael Greene

UC Law Journal

Since the 1964 decision in New York Times Co. v. Sullivan the Supreme Court has struggled to reconcile the first amendment guarantee of free expression and the societal interest in protecting individual reputation in defamation cases. This Comment criticizes the Court's recent effort in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., in which the Court declined to clarify the standard of liability established in Gertz v. Robert Welch and instead based its decision on a distinction between matters of public and private concern rejected in Gertz. The Comment argues that this distinction is justified by neither precedent nor policy …

Go to article

The Suspect As A Source Of Testimonial Evidence: A Comparison Of The English And American Approaches, Gordon Van Kessel Jan 1986

The Suspect As A Source Of Testimonial Evidence: A Comparison Of The English And American Approaches, Gordon Van Kessel

UC Law Journal

No abstract provided.

Go to article

Adultery, Law, And The State: A History, Jeremy D. Weinstein Jan 1986

Adultery, Law, And The State: A History, Jeremy D. Weinstein

UC Law Journal

No abstract provided.

Go to article

The Exclusionary Rule In The Public School Administrative Disciplinary Proceeding: Answering The Question After New Jersey V. T.L.O., Kathleen K. Bach Jan 1986

The Exclusionary Rule In The Public School Administrative Disciplinary Proceeding: Answering The Question After New Jersey V. T.L.O., Kathleen K. Bach

UC Law Journal

In New Jersey v. TL. 0. the Supreme Court confirmed the fourth amendment rights of students to be free from unreasonable searches and seizures in public schools but declined to address the propriety of any particular recourse for violations of these rights. This Note proposes that the exclusionary rule should apply in public school disciplinary proceedings in which the student's misconduct is chargeable as a crime and the proposed sanction is removal from school f'r ten days or more. The Note argues that the Court's recognition of students' constitutional rights as well as the rule's underlying rationales support its application …

Go to article

Marital Status Classifications: Protecting Homosexual And Heterosexual Cohabitors, Stacey Lynne Boyle Jan 1986

Marital Status Classifications: Protecting Homosexual And Heterosexual Cohabitors, Stacey Lynne Boyle

UC Law Constitutional Quarterly

No abstract provided.

Go to article

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus Jan 1986

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Go to article

Professor William J. Riegger–A Man Who Had A Gift With People, James R. Mccall Jan 1986

Professor William J. Riegger–A Man Who Had A Gift With People, James R. Mccall

Faculty Scholarship

No abstract provided.

Go to article

Nix V. Whiteside: The Lawyer's Role In Response To Perjury, James R. Mccall Jan 1986

Nix V. Whiteside: The Lawyer's Role In Response To Perjury, James R. Mccall

Faculty Scholarship

No abstract provided.

Go to article

The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman Jan 1986

The Battered Woman Syndrome And Self-Defense: A Legal And Empirical Dissent, David L. Faigman

Faculty Scholarship

No abstract provided.

Go to article

The Bad Faith-Harassment Exception To The Younger Doctrine: Exploring The Empty Universe, C. Keith Wingate Jan 1986

The Bad Faith-Harassment Exception To The Younger Doctrine: Exploring The Empty Universe, C. Keith Wingate

Faculty Scholarship

No abstract provided.

Go to article

The Case For Parallel Importation, Rory K. Little, Jamie S. Gorelick Jan 1986

The Case For Parallel Importation, Rory K. Little, Jamie S. Gorelick

Faculty Scholarship

No abstract provided.

Go to article

Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken Jan 1986

Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

Go to article

The Constitutional Vulnerability Of American Local Government: The Politics Of City Status In American Law, Joan C. Williams Jan 1986

The Constitutional Vulnerability Of American Local Government: The Politics Of City Status In American Law, Joan C. Williams

Faculty Scholarship

No abstract provided.

Go to article

The Tunnel Vision Of Legal Training, Joseph R. Grodin Jan 1986

The Tunnel Vision Of Legal Training, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Go to article

Rising Above Principle, Geoffrey C. Hazard Jr. Jan 1986

Rising Above Principle, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Go to article

The Revival Of Fact Pleading Under The Federal Rules Of Civil Procedure, Richard L. Marcus Jan 1986

The Revival Of Fact Pleading Under The Federal Rules Of Civil Procedure, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Go to article

The Hearsay Rule And The Stability Of Verdicts: A Response To Professor Nesson, Roger C. Park Jan 1986

The Hearsay Rule And The Stability Of Verdicts: A Response To Professor Nesson, Roger C. Park

Faculty Scholarship

No abstract provided.

Go to article

Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul Jan 1986

Images From Abroad: Making Direct Broadcasting By Satellites Safe For Sovereignty, Joel R. Paul

Faculty Scholarship

No abstract provided.

Go to article

Exclusionary Rules In France, Germany, And Italy, Walter Pakter Jan 1985

Exclusionary Rules In France, Germany, And Italy, Walter Pakter

UC Law SF International Law Review

This Article compares the use of exclusion to deal with evidence obtained through coerced confessions, statements made prior to administration of a "right to silence" warning and through illegal searches and seizures. Despite the existence of statutory penalties to deal with police misconduct in interrogations and searches, European legislatures and courts have turned to exclusion to respond to abuses in these areas. The author examines first the historical background and then recent statutes and decisions introducing exclusion. France has declined scholarly suggestions that irregular interrogations be sanctioned by exclusion. Germany introduced statutory exclusion in reaction to civil liberties abuses under …

Go to article

Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher Jan 1985

Deliberate Environmental Releases Of Genetically Modified Organisms: A Comparative Analysis Of British And United States Regulations, Michael V. Fancher

UC Law SF International Law Review

Today genetically engineered products are being designed for uses outside the contained environment of the laboratory. Because of fears over the possible consequences of releasing new organisms into the environment, both the United States and Great Britain are taking steps to try to ensure that such releases will be safe. This Note examines the regulatory schemes of those two countries and concludes that additional changes must still be made if comprehensive oversight of the field is to be achieved.

Go to article

First Prev Next Last