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Articles 6541 - 6570 of 8913
Full-Text Articles in Law
The Virginia Take-Over-Bid Disclosure Act After Edgar V. Mite Corp., Bradford J. Shafer
The Virginia Take-Over-Bid Disclosure Act After Edgar V. Mite Corp., Bradford J. Shafer
UC Law Constitutional Quarterly
No abstract provided.
A Tribute To Justice Stanley Mosk, Hastings Constitutional Law Quarterly
A Tribute To Justice Stanley Mosk, Hastings Constitutional Law Quarterly
UC Law Constitutional Quarterly
No abstract provided.
The Quotable Stanley Mosk, Joseph A. Wapner
The Quotable Stanley Mosk, Joseph A. Wapner
UC Law Constitutional Quarterly
No abstract provided.
Stanley Mosk, Bakke, And The Davis Commencement, Edward L. Barrett Jr.
Stanley Mosk, Bakke, And The Davis Commencement, Edward L. Barrett Jr.
UC Law Constitutional Quarterly
No abstract provided.
Early Visions Of Justice, Richard M. Mosk
Early Visions Of Justice, Richard M. Mosk
UC Law Constitutional Quarterly
No abstract provided.
Life, Liberty, And The Right To Navigate: Justice Mosk And The Public Trust, Jan Stevens
Life, Liberty, And The Right To Navigate: Justice Mosk And The Public Trust, Jan Stevens
UC Law Constitutional Quarterly
No abstract provided.
The Taking Issue In California's Legal Services Trust Account Program, Mary O'Byrne Sinibaldi
The Taking Issue In California's Legal Services Trust Account Program, Mary O'Byrne Sinibaldi
UC Law Constitutional Quarterly
No abstract provided.
Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg
Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg
UC Law Constitutional Quarterly
No abstract provided.
Injury For Standing Purposes When Constitutional Rights Are Violated: Common Law Public Value Adjudication At Work, William Burnham
Injury For Standing Purposes When Constitutional Rights Are Violated: Common Law Public Value Adjudication At Work, William Burnham
UC Law Constitutional Quarterly
No abstract provided.
Reassessing The Theoretical Underpinnings Of Accomplice Liability: New Solutions To An Old Problem, Joshua Dressler
Reassessing The Theoretical Underpinnings Of Accomplice Liability: New Solutions To An Old Problem, Joshua Dressler
UC Law Journal
It is widely accepted that accomplices to crime are to be judged and punished as if they had actually performed the acts that constitute the offense committed by the perpetrator. Those who render even minor encouragement or trivial assistance to a perpetrator may be punished to the same degree as the perpetrator. Therefore, accomplice accountability deviates from the traditional rules of criminal liability. This Article reviews the history of accomplice liability law, demonstrates its inconsistency with the traditional role of causation in criminal law, and discusses utilitarian and moral criticisms of suggested rationales for that inconsistency. The Article then suggests …
The Status Of Apartheid Under International Law, Arthur J. Goldberg
The Status Of Apartheid Under International Law, Arthur J. Goldberg
UC Law Constitutional Quarterly
No abstract provided.
Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman
Foreign Investment Law: Encouragement Versus Restraint--Mexico, Cuba, And The Caribbean Basin Initiative, Sula Fiszman
UC Law SF International Law Review
Third World nations have been attempting to balance foreign investment needs with the desire to both control economic development and retain the benefits of this development within their borders. Mexico and Cuba have recently enacted or revised their foreign investment laws. The Article examines these laws in detail and determines what balance these nations have struck between development and control and what compromises have been made. The Article then examines the Caribbean Basin Initiative to see what balance the United States, a capital exporter, finds optimal and to examine how the United States trade and investment laws differ both legally …
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
The Extraterritorial Application Of The Antitrust Laws Of The United States, James P. Kleinberg
UC Law SF International Law Review
No abstract provided.
Statutory Limitations On Corporate Spending In Ballot Measure Campaigns: The Case For Constitutionality, Matthew J. Geyer
Statutory Limitations On Corporate Spending In Ballot Measure Campaigns: The Case For Constitutionality, Matthew J. Geyer
UC Law Journal
Recent studies have demonstrated that massive one-sided spending in opposition to ballot measures has been highly successful in defeating such proposals. Supreme Court decisions have cast serious doubt on the constitutionality of statutes designed to curb this dominating influence by limiting corporate spending in ballot measure campaigns. This Note surveys the theoretical bases for upholding these statutes against first amendment challenge. After considering the view that any infringement on first amendment rights is justified by a compelling state interest, the Note discusses the view that restrictions on corporate political speech entail no infringement of the speaker's first amendment rights. The …
Antilapse Statutes Are Blunt Instruments: A Blueprint For Reform, Susan F. French
Antilapse Statutes Are Blunt Instruments: A Blueprint For Reform, Susan F. French
UC Law Journal
Antilapse statutes provide for the testamentary passing of property to issue, heirs, or devisees of will beneficiaries who predecease the testator. In fortynine states, legislatures have drafted such statutes to carry out the testator's probable intent regarding gifts that would otherwise lapse and pass to the testator's residuary or to intestate takers. Courts tend to apply antilapse statutes mechanically, and the results do not always reflect what the average testator would intend. Antilapse statutes perpetuate a testators preference for members of one generation into the next generation, even when the testator would have wanted to treat members of the more …
A Tribute To Russell N. Sullivan, Ray Forrester
A Tribute To Russell N. Sullivan, Ray Forrester
UC Law Constitutional Quarterly
No abstract provided.
The Penal Dimensions Of Punitive Damages, Jeffery W. Grass
The Penal Dimensions Of Punitive Damages, Jeffery W. Grass
UC Law Constitutional Quarterly
No abstract provided.
The Three Faces Of Stanley Mosk, Otto M. Kaus
The Three Faces Of Stanley Mosk, Otto M. Kaus
UC Law Constitutional Quarterly
No abstract provided.
The Anatomy Of A Mosk Opinion, Eric Goldman
The Anatomy Of A Mosk Opinion, Eric Goldman
UC Law Constitutional Quarterly
No abstract provided.
Dronenburg V. Zech: Strict Construction Or Abdication Of Judicial Responsibility, Howard L. Pearlman
Dronenburg V. Zech: Strict Construction Or Abdication Of Judicial Responsibility, Howard L. Pearlman
UC Law Constitutional Quarterly
No abstract provided.
Fishing For Evidence: The Expansive Warrantless Search Powers Of Fish And Game Wardens, Michael T. O'Connor
Fishing For Evidence: The Expansive Warrantless Search Powers Of Fish And Game Wardens, Michael T. O'Connor
UC Law Constitutional Quarterly
No abstract provided.
Preservation Of Material Evidence In California: Does Hitch Survive Trombetta, Charles P. Maher
Preservation Of Material Evidence In California: Does Hitch Survive Trombetta, Charles P. Maher
UC Law Constitutional Quarterly
No abstract provided.
Tender Offer Defensive Tactics: A Proposal For Reform, Mary Siegel
Tender Offer Defensive Tactics: A Proposal For Reform, Mary Siegel
UC Law Journal
The increasing use of tender offers as an accepted method of expanding businesses has resulted in a proliferation of creative and effective tactics that enable corporate management to defend against the takeover of the corporation. A conflict of interest arises, however, when target management must both fight the offer and satisfy its fiduciary duty of loyalty to its shareholders. This Commentary reviews and evaluates current state regulation of tender offer defensive tactics and concludes that this judicial regulation is deficient. It then discusses and rejects existing proposals advanced for curing this deficiency. Finally, the author proposes that the state legislatures …
The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon Elizabeth Rush
The Warren And Burger Courts On State, Parent, And Child Conflict Resolution: A Comparative Analysis And Proposed Methodology, Sharon Elizabeth Rush
UC Law Journal
Developing a framework for analyzing children's rights issues is difficult due to the inherent tension between individual freedom and the traditional role of the family in society. The United States Supreme Court has failed to use a consistent framework in resolving conflicts among the child, parent, and the state. Because increasingly complex and controversial children's rights issues are arising, a consistent framework must be developed to assist courts adjudicating these conflicts. This Article proposes a methodology for resolving state-parent- child conflicts. This methodology reduces each state-parent-child conflict to either a state-parent or a state-child controversy. Under this framework, children are …
Ending The Floating Check Game: The Policy Arguments For Delayed Availability Reform, Emma Coleman Jordan
Ending The Floating Check Game: The Policy Arguments For Delayed Availability Reform, Emma Coleman Jordan
UC Law Journal
Retail bank customers have increasingly encountered delays in gaining access to their deposits. Those delays result in part from antiquated processing of returned checks, which leads banks to delay releasing funds to avoid making payments on dishonored or fraudulent checks. Banks also profit from this delay by drawing interest on funds during the period of nonavailability. This Article examines the current controversy on delayed availability. The Article begins by describing the modem check collection system and the Federal Reserve Bank's involvement in check processing. After pointing out various inequities and inefficiencies in the current check collection system, the Article analyzes …
Trust Termination: Unborn, Living, And Dead Hands--Too Many Fingers In The Trust Pie, Gail Boreman Bird
Trust Termination: Unborn, Living, And Dead Hands--Too Many Fingers In The Trust Pie, Gail Boreman Bird
UC Law Journal
A private trust is a useful method of distributing family wealth. At its inception, its terms may be limited only by the imagination of the drafter. Situations unanticipated by the drafter of the trust may arise, however, and premature trust termination may be sought. This Commentary examines the judicial response to trust termination requests made by the settlor, trustee, or beneficiary, with particular emphasis on California decisional law. It identifies situations in which termination should be allowed and describes the major statutory reforms developed in jurisdictions other than California. The Commentary concludes with a proposal for modification of current California …
The California Agricultural Producer's Lien, Processing Company Insolvencies, And Federal Bankruptcy Law: An Evaluation And Alternative Methods Of Protecting Farmers, Dale Bratton
UC Law Journal
Business failures among agricultural products processing companies have caused financial losses to California farmers. While the California Legislature has provided the producer's lien in an attempt to make unpaid farmers secured creditors of processing companies, section 545(2) of the Bankruptcy Code invalidates such a lien in federal bankruptcy proceedings if the lien is not enforceable against bona fide purchasers under state law. This Note discusses the provisions of the California producer's lien statute, identifies five standards that federal courts have used in applying the bona fide purchaser test of section 545(2), and applies the five standards to the producer's lien. …
The Historical Origins, Founding, And Early Development Of Student-Edited Law Reviews, Michael L. Swygert, Jon W. Bruce
The Historical Origins, Founding, And Early Development Of Student-Edited Law Reviews, Michael L. Swygert, Jon W. Bruce
UC Law Journal
Most United States law schools publish a student-edited law review. These scholarly periodicals have achieved an influential position in the legal profession. The Article reviews the evolution of early forms of legal writing-doctrinal works and the more casual and informative legal journalism aimed at practitioners-that led to the founding of the first student-edited law reviews in the late nineteenth century. Contrary to popular belief, student efforts at Albany and Columbia predated the founding of the Harvard Law Review in 1887. The early law school reviews imitated the format, style, and content of the more influential commercial publications. These student-edited law …
Beyond Secrecy For Secrecy's Sake: Toward An Expanded Vision Of The Fourth Amendment Privacy Province, James J. Tomkovicz
Beyond Secrecy For Secrecy's Sake: Toward An Expanded Vision Of The Fourth Amendment Privacy Province, James J. Tomkovicz
UC Law Journal
For almost twenty years the Supreme Court has used the "reasonable expectation of privacy" formula in fourth amendment cases to decide the threshold question whether government activity amounted to a search. By predicating fourth amendment protection on a threat to the interest protected by that provision, the adoption of this formula marked a significant advance in fourth amendment analysis. The Court's description of that privacy interest, however, overly constricts fourth amendment protection by limiting it to cases in which one had a reasonable expectation of privacy. This analysis overlooks the purpose for protecting an interest in privacy: privacy is protected …
Punitive Damages In California: The Drunken Driver, Carl W. Chamberlin
Punitive Damages In California: The Drunken Driver, Carl W. Chamberlin
UC Law Journal
In an attempt to mitigate the carnage wrought by drunken drivers, many jurisdictions have imposed punitive damages against defendants who caused an accident while driving under the influence of alcohol. In Taylor v. Superior Court, the California Supreme Court allowed a claim for such damages on the ground that the defendant had exhibited a conscious disregard for the safety of others. The scope of the Taylor decision and the theoretical propriety of imposing punitive liability for unintentional harms, however, are not altogether clear. The Note examines the public policies of punishment and deterrence and the California conscious disregard standard. The …