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Articles 6571 - 6600 of 8910

Full-Text Articles in Law

Rajneeshpuram: Religion Incorporated, Janice L. Sperow Jan 1985

Rajneeshpuram: Religion Incorporated, Janice L. Sperow

UC Law Journal

In 1981, the Indian guru Bhagwan Shree Rajneesh and his followers, acting through their religious corporations, purchased 64,229 acres in rural Oregon. On this land they hope to realize their "religious vision" by creating a unique religious community dedicated to the teachings of Rajneeshism. The Rajneeshees have attained that dream by incorporating two thousand of those acres as Rajneeshpuram, an Oregon municipality. The one thing that potentially can obstruct this dream is the establishment clause of the first amendment. Because the land ownership scheme and corporate holdings in Rajneeshpuram place the City in the actual control of an organized religion, …

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California's Going And Comming Rule In Workers' Compensation: A New Model For Consistency, Henry Slowik Jan 1985

California's Going And Comming Rule In Workers' Compensation: A New Model For Consistency, Henry Slowik

UC Law Journal

Discerning a comprehensive rationale for the exceptions to California's "going and coming" rule has been difficult due to the ad hoc judicial creation of these exceptions. The going and coming rule denies workers' compensation benefits to employees injured while traveling to and from work. Courts reason that the employment relationship is suspended during the employee's commute and, therefore, that workers' compensation is not available. On a case by case basis, California's courts have created exceptions to this rule and allowed compensation in certain suits for injuries occurring during an employee's commute. Failure to provide a single rationale for the exceptions …

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Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential, Joan Steinman Jan 1985

Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential, Joan Steinman

UC Law Journal

The United States Supreme Court has been shaping the concept of the public trial in recent years. In so doing, the Court has expanded public access to judicial proceedings and records. At the same time, parties have increasingly sought to litigate pseudonymously in an effort to keep their identities confidential. Litigants often wish to remain anonymous when the matters at issue are particularly private, stigmatizing, or so unpopular that the risk of retaliation is present. Additionally, public law litigators have attempted to expand the use of pseudonyms from the realm of sensitive private disputes to public interest controversies involving unpopular …

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Calculating Fees Of Special Masters, David I. Levine Jan 1985

Calculating Fees Of Special Masters, David I. Levine

UC Law Journal

Special masters have been widely used in all phases of complex litigation, particularly in institutional reform cases. Too little attention, however, has been given to the question of how the fees of special masters should be fixed. This Article briefly reviews the history of the compensation of masters in England and in state courts. The Article then focuses on the regulation of masters' fees in the federal courts, with particular attention to the appropriateness of the standards used in institutional reform litigation. The Article suggests modifications to those standards to achieve better balance between the needs of special masters for …

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Discovery Of The Nontestifying Expert Witness' Identity Under The Federal Rules Of Civil Procedure: You Can't Tell The Players Without A Program, Douglas Alan Emerick Jan 1985

Discovery Of The Nontestifying Expert Witness' Identity Under The Federal Rules Of Civil Procedure: You Can't Tell The Players Without A Program, Douglas Alan Emerick

UC Law Journal

The Federal Rules of Civil Procedure contain express instructions regarding the discoverability of expert witnesses. The Rules, however, lack any specific guidelines regarding the discoverability of the identity of nontestifying experts, indicating only that such discovery can be obtained upon a "proper showing." The various circuit courts of appeal that have considered the meaning of this phrase have arrived at contrary positions concerning its meaning. Thus, although this information is often valuable or even critical to the preparation of a lawsuit, no uniform guidelines presently exist by which courts and parties can determine whether the identity of nontestifying experts can …

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San Jose Revisted: A Proposal For Negotiated Modification Of Public Sector Bargaining Agreements Rejected Under Chapter 9 Of The Bankruptcy Code, Barry Winograd Jan 1985

San Jose Revisted: A Proposal For Negotiated Modification Of Public Sector Bargaining Agreements Rejected Under Chapter 9 Of The Bankruptcy Code, Barry Winograd

UC Law Journal

In June 1983, the San Jose Unified School District filed for bankruptcy under Chapter 9 of the federal Bankruptcy Code. In conjunction with this filing, the school district unilaterally withheld bargained-for wage increases and subsequently obtained a bankruptcy court order permitting it to reject entirely its union collective bargaining agreements. Ultimate settlement in the San Jose case saved the school district an estimated four million dollars over its prebankruptcy contractual obligations. This Article reviews the development of the law regarding bargaining agreement rejection in public and private sector Chapter 9 proceedings. The Article presents an analytical framework for reconciling the …

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Preferred Provider Organizations And Provider Contracting: New Analyses Under The Sherman Act, Christine Gasparovich Jan 1985

Preferred Provider Organizations And Provider Contracting: New Analyses Under The Sherman Act, Christine Gasparovich

UC Law Journal

In response to concern regarding escalating health care costs, "cost-containment" programs, such as Preferred Provider Organizations ("PPOs"), have experienced rapid growth. A PPO is a direct, prepaid health care purchasing arrangement between a particular employer or insurer and a health care provider. The increase in PPOs has been accompanied by substantial litigation and intense antitrust scrutiny. This Note examines whether the fixed-fee component of the PPO violates the Sherman Act. The Note discusses several foundational cases and then examines current litigation over fixed-fee arrangements under Sherman Act sections 1 and 2. The Note determines that an accurate characterization of the …

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Liberalizing Summary Adjudication: A Proposal, Stuart R. Pollak Jan 1985

Liberalizing Summary Adjudication: A Proposal, Stuart R. Pollak

UC Law Journal

Despite their advantages, summary judgments are not granted frequently enough in state court proceedings. Denial of summary judgment motions may be due to overly stringent appellate standards, the reluctance of trial judges to be reversed, and insufficient supporting papers for such motions. The allocation of the burden of producing evidence in connection with a summary judgment motion is a fundamental aspect of the summary adjudication procedure which, however, seems to have gone unquestioned. The Commentary examines the effect that the allocation of the burden of proof has on the likelihood of success on a motion for summary judgment. The author …

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Calculating Fees Of Special Masters, David I. Levine Jan 1985

Calculating Fees Of Special Masters, David I. Levine

Faculty Scholarship

No abstract provided.

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Tribute To Talbert B. Fowler, Jr., Jenni Parrish Jan 1985

Tribute To Talbert B. Fowler, Jr., Jenni Parrish

Faculty Scholarship

No abstract provided.

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The Invention Of The Municipal Corporation: A Case Study In Legal Change, Joan C. Williams Jan 1985

The Invention Of The Municipal Corporation: A Case Study In Legal Change, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Public Policy Limitations On Cohabitation Agreements: Unruly Horse Or Circus Pony?, H.G. Prince Jan 1985

Public Policy Limitations On Cohabitation Agreements: Unruly Horse Or Circus Pony?, H.G. Prince

Faculty Scholarship

No abstract provided.

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Kidnapping: A Modern Definition, John L. Diamond Jan 1985

Kidnapping: A Modern Definition, John L. Diamond

Faculty Scholarship

No abstract provided.

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Ethical Dilemmas Facing Today's Lawyer, Geoffrey C. Hazard Jr. Jan 1985

Ethical Dilemmas Facing Today's Lawyer, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

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Indigenous Peoples, Land Claims And Control Of Mineral Development: Australian And U.S. Legal Systems Compared, John D. Leshy Jan 1985

Indigenous Peoples, Land Claims And Control Of Mineral Development: Australian And U.S. Legal Systems Compared, John D. Leshy

Faculty Scholarship

No abstract provided.

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Trust Termination: Unborn, Living, And Dead Hands–Too Many Fingers In The Trust Pie, Gail Boreman Bird Jan 1985

Trust Termination: Unborn, Living, And Dead Hands–Too Many Fingers In The Trust Pie, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

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The Proposed Repeal Of The Financial Interest And Syndication Rules: Network Domination Or Public Interest Representation, Evie L. Klintzer Jan 1984

The Proposed Repeal Of The Financial Interest And Syndication Rules: Network Domination Or Public Interest Representation, Evie L. Klintzer

UC Law SF Communications and Entertainment Journal

In 1970, the Federal Communications Commission (FCC) adopted the Financial Interest and Syndication Rules (FISR) and the Prime Time Access Rule to increase programming diversity and permit independent producers greater access to prime time viewing hours. Now, fourteen years later, the FCC is seeking repeal of the FISR and deregulation of network affiliation in the syndication of independently produced programs. The author carefully examines the changes occurring in the television industry since the adoption of the FISR and the arguments favoring and opposing the proposed repeal, concluding that the FISR should be retained.

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International Distribution And Sales Agency Agreements, Andre M. Saltoun Jan 1984

International Distribution And Sales Agency Agreements, Andre M. Saltoun

UC Law SF International Law Review

No abstract provided.

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Astronauts And A Unique Jurisprudence: A Treaty For Spacekind, George S. Robinson Jan 1984

Astronauts And A Unique Jurisprudence: A Treaty For Spacekind, George S. Robinson

UC Law SF International Law Review

No abstract provided.

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An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer Jan 1984

An Overview Of Sex Discrimination In Amateur Athletics, Jeffrey K. Riffer

UC Law SF Communications and Entertainment Journal

Sex-based discrimination in interscholastic sports has recently been challenged by both male and female athletes. The courts have reached conflicting decisions as to whether such discrimination should be allowed and, if so, under what circumstances. The author analyzes the constitutional and statutory bases of these decisions. The author argues that this area remains in confusion because many of these decisions inadequately consider the issues involved or are based on stereotypical views of male and female athletic ability.

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The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb Jan 1984

The Seven-Year Itch: California Labor Code Section 2855, Jonathan Blaufarb

UC Law SF Communications and Entertainment Journal

California Labor Code section 2855 applies a seven-year limit to the enforceability of personal service contracts. This note discusses section 2855 as it applies to the unique contractual practices of the entertainment industry, particularly the industry's use of mid-term contractual extensions and agreements. The author analyzes the courts' application of section 2855 in two representative cases and concludes that greater statutory guidance is needed in order for the courts to better interpret section 2855. The author suggests that an interpretive provision be added to section 2855 to create a "rebuttable presumption" that a personal service contract which is renegotiated mid-term …

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Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson Jan 1984

Mother Knows Best: Reconciling Parental Consent With Minors' Rights In Shields V. Gross, Charmaine Jefferson

UC Law SF Communications and Entertainment Journal

The author analyzes the possibility that New York courts have eliminated a minor's common law right to disaffirm contracts under some circumstances. Sections 50 and 51 of New York's Civil Rights Law require the consent of a minor's parent or guardian for use of the minor's name, portrait, or picture. A parent's or guardian's consent may preclude the minor from later disaffirming a contract for the use of his or her name or photograph. The author suggests possible changes in legislation to protect the minor, as well as alternative legal approaches to prevent the use of photographs to which the …

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Extraterritorial Discovery: Extension Of Jurisdiction By The Eleventh Circuit, Geoffrey Spellberg Jan 1984

Extraterritorial Discovery: Extension Of Jurisdiction By The Eleventh Circuit, Geoffrey Spellberg

UC Law SF International Law Review

A problem which frequently arises in connection with international litigation concerns the assertion of jurisdiction by a court over a person, or res located in a foreign state. Extension of jurisdiction by United States courts to foreign enterprises has typically been manifested by discovery orders compelling document production. Foreign states have attempted to block this extension of jurisdiction by enacting nondisclosure statutes which subject violators to criminal liability for compliance with United States discovery orders. This Note examines the analysis developed by United States courts to determine the propriety of enforcing discovery orders that may subject a party to liability …

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Introduction: The Legal Aspects Of Inhabited Space Stations, I. H. Ph. Diederiks-Verschoor Jan 1984

Introduction: The Legal Aspects Of Inhabited Space Stations, I. H. Ph. Diederiks-Verschoor

UC Law SF International Law Review

No abstract provided.

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Foreign Certificates Of Deposit: Securities Or Banking Transactions After Wolf V. Banco Nacional De Mexico, S.A., Dana W. Fox Jan 1984

Foreign Certificates Of Deposit: Securities Or Banking Transactions After Wolf V. Banco Nacional De Mexico, S.A., Dana W. Fox

UC Law SF International Law Review

A certificate of deposit has features which invite its characterization' as both a commercial banking and an investment banking instrument. This dual characterization raises a question as to whether the federal banking or securities laws properly apply to regulate the issue of such certificates. This Note reviews the implications of extending the coverage of the federal securities laws to the issuance of a certificate of deposit by a foreign bank to a United States citizen. The discussion centers upon Wof v. Banco Nacional de Mexico, A.,4. and incorporates the recent result in that case, analyzing its likely effect upon the …

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Elaborating The Legal Status Of Astronauts, V. S. Vereschetin Jan 1984

Elaborating The Legal Status Of Astronauts, V. S. Vereschetin

UC Law SF International Law Review

No abstract provided.

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The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker Jan 1984

The Prime Time Access Rule: Six Commandments For Inept Regulation, Thomas G. Krattenmaker

UC Law SF Communications and Entertainment Journal

The Federal Communications Commission's Prime Time Access Rule (PTAR) forbids television stations affiliated with the major networks from broadcasting certain programs during certain hours if the programs were produced for one of the major networks. The author examines the reasons PTAR is favored by the networks but concludes that PTAR should be repealed since it does not further any goals of network regulation, disregards viewer welfare, and clashes with anticensorship policies. The author suggests that regulatory inaction will increase competition among the networks for viewers, eventually forcing the networks themselves to push for PTAR's repeal.

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Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer Jan 1984

Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer

UC Law SF Communications and Entertainment Journal

Political unrest in many regions of the world presents dangers to journalists, and thereby threatens the free flow of information. UNESCO's proposal to license international correspondents in order to help insure their safe conduct has met with strong criticism from the American press. This commentary examines several human rights instruments and their limited enforceability and suggests that there may be other viable options, including treaties and internal codes of ethics, that would stem the trend of violence against reporters.

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Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz Jan 1984

Diversification And Regulated Industries - What's Next For The Telephone Holding Companies, Louis B. Schwartz

UC Law SF Communications and Entertainment Journal

Should regulated businesses be allowed to diversify into nonregulated areas? And if so, should the ratepayers be required to absorb the losses if these "investment opportunities" turn sour? Examining the landmark AT&T Divestiture Decree, the author argues that recent decisions regarding the permissible scope of outside operations have gone too far afield. By overemphasizing the potential benefits of competition, while underemphasizing important considerations of management psychology, the author feels unlimited diversification operates to everyone's detriment. The author concludes that the present guidelines are unworkable and offers some guiding principles for future decisions.

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United States Tax Developments During 1983 That Can Affect International Transactions, Frederick R. Chilton Jr. Jan 1984

United States Tax Developments During 1983 That Can Affect International Transactions, Frederick R. Chilton Jr.

UC Law SF International Law Review

No abstract provided.

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