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Articles 6631 - 6660 of 8910

Full-Text Articles in Law

Carson V. Here's Johnny Portable Toilets, Inc.: Plumbing The Depths Of The Right Of Publicity, Carrie Goldstein Jan 1984

Carson V. Here's Johnny Portable Toilets, Inc.: Plumbing The Depths Of The Right Of Publicity, Carrie Goldstein

UC Law SF Communications and Entertainment Journal

The scope and definition of the right of publicity is currently in a state of confusion, and courts continue to interpret the right in a variety of ways. This note asserts that given too broad an interpretation, the right of publicity may impair first amendment freedoms. The author discusses the early cases developing the right of publicity and then examines the recent expansion of this right by the court in Carson v. Here's Johnny Portable Toilets, Inc. Distinguishing Carson from the earlier cases, the author argues that this broad expansion of the right of publicity is both unwarranted and undesirable. …

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In Praise Of State Courts: Confessions Of A Federal Judge, J. Skelly Wright Jan 1984

In Praise Of State Courts: Confessions Of A Federal Judge, J. Skelly Wright

UC Law Constitutional Quarterly

No abstract provided.

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The Three-Systems Ladder Of First Amendment Values: Two Rungs And A Black Hole, James G. Pope Jan 1984

The Three-Systems Ladder Of First Amendment Values: Two Rungs And A Black Hole, James G. Pope

UC Law Constitutional Quarterly

No abstract provided.

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A Comment On Chief Justice Burger's Proposal For A Temporary Panel To Resolve Intercircuit Conflicts, William Alsup, Tracy L. Salisbury Jan 1984

A Comment On Chief Justice Burger's Proposal For A Temporary Panel To Resolve Intercircuit Conflicts, William Alsup, Tracy L. Salisbury

UC Law Constitutional Quarterly

No abstract provided.

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Plyler V. Doe: Illegal Aliens And The Misguided Search For Equal Protection, Scott David Livingston Jan 1984

Plyler V. Doe: Illegal Aliens And The Misguided Search For Equal Protection, Scott David Livingston

UC Law Constitutional Quarterly

No abstract provided.

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Has The Contract Clause Counter-Revolution Halted--Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan B. Baker Jan 1984

Has The Contract Clause Counter-Revolution Halted--Rhetoric, Rights, And Markets In Constitutional Analysis, Jonathan B. Baker

UC Law Constitutional Quarterly

No abstract provided.

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The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein Jan 1984

The Impact Of Kolender V. Lawson On Law Enforcement And Minority Groups, Dan Stormer, Paul Bernstein

UC Law Constitutional Quarterly

No abstract provided.

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Equal Protection And The Passive Enforcement System Of Draft Registration: Selective Service Or Selective Prosecution--United States V. Wayte, Rennika H. Thoon Jan 1984

Equal Protection And The Passive Enforcement System Of Draft Registration: Selective Service Or Selective Prosecution--United States V. Wayte, Rennika H. Thoon

UC Law Constitutional Quarterly

No abstract provided.

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A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate Jan 1984

A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate

Faculty Scholarship

No abstract provided.

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Chief Justice Traynor And The Law Of Taxation, Adrian A. Kragen Jan 1984

Chief Justice Traynor And The Law Of Taxation, Adrian A. Kragen

UC Law Journal

Some of Chief Justice Traynor's foremost contributions were in the law of taxation. Early in his legal career he had a significant impact on the tax law of California as a professor and as an instrumental force in the drafting and enactment of several tax statutes. His contributions to the law of taxation continued after his appointment to the California Supreme Court. This Article first describes Justice Traynor's contributions to tax law prior to his appointment to the supreme court. It then analyzes some of the majority opinions he wrote that were particularly important in the development of California tax …

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The Supreme Court And First Amendment Rights Of Students In The Public School Classroom: A Proposed Model Of Analysis, Brian A. Freeman Jan 1984

The Supreme Court And First Amendment Rights Of Students In The Public School Classroom: A Proposed Model Of Analysis, Brian A. Freeman

UC Law Constitutional Quarterly

No abstract provided.

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Policy-Oriented World Power Process, Julius Stone Jan 1984

Policy-Oriented World Power Process, Julius Stone

UC Law SF International Law Review

This material is a reprint of Chapter 4 of Professor Stone's latest book, Visions of World Order. Between State Power and Human Justice. In this book, Professor Stone analyzes the "factual substratum" out of which international law arises or ought to arise and how this factual substratum is relevant to discussions of international justice and international law itself. In the chapter reprinted here, Professor Stone discusses the work of Professor Myres McDougal. MeDougal, according to Stone, focuses on the policy-oriented approach of national decision-makers participating in the "World Power Process." Because the policy ostensibly being pursued is the furthering of …

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Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams Jan 1984

Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams

UC Law SF International Law Review

United States pesticide manufacturers are exporting increasingly large amounts of pesticides which are banned or restricted for use in the United States. The use of these pesticides presents dire health and environmental consequences in the developing countries which import the pesticides. Current United States policy dealing with the problems raised by pesticide export stresses notification of recipient countries when such pesticides are exported. This Note contends that the notification policy is fundamentally flawed in that developing countries cannot make use of the information provided by the notification process. The Note suggests that a new policy of direct regulation is needed …

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Federalism And Supreme Court Review Of Expansive State Court Decisions: A Response To Unfortunate Impressions, David A. Schlueter Jan 1984

Federalism And Supreme Court Review Of Expansive State Court Decisions: A Response To Unfortunate Impressions, David A. Schlueter

UC Law Constitutional Quarterly

No abstract provided.

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The Emerging Good Faith Exception To The Miranda Rule--A Critique, Martin R. Gardner Jan 1984

The Emerging Good Faith Exception To The Miranda Rule--A Critique, Martin R. Gardner

UC Law Journal

Several Justices of the United States Supreme Court have espoused a "good faith" exception to the fourth amendment exclusionary rule. The exception would permit the use at trial of evidence obtained by government agents who reasonably, but mistakenly, believed they were conducting a legal search and seizure. The Court has broached the subject of an analogous good faith exception for evidence obtained in violation of the fifth amendment privilege against self-incrimination. Several Justices have suggested that a violation of "Miranda rights" during police interrogation of a criminal suspect should not necessarily prevent the resulting evidence from being used at the …

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Regulation Of Attorney Debt Collectors--The Role Of The Ftc And The Bar, Wayne K. Lewis Jan 1984

Regulation Of Attorney Debt Collectors--The Role Of The Ftc And The Bar, Wayne K. Lewis

UC Law Journal

In response to the pervasive abuses associated with debt collection practices. Congress in 1977 enacted the first comprehensive federal debt collection statute, the Fair Debt Collection Practices Act (FDCPA), prohibiting a broad range of practices, establishing a private cause of action for the injured consumer, and providing for administrative enforcement primarily by the Federal Trade Commission (FTC). The FDCPA specifically exempts attorneys collecting debts on behalf of and in the name of a client from its broad definition of "debt collector." Because an increasing number of attorneys are engaging in debt collection as a significant part of their work, it …

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The Limits Of Advocacy: A Proposal For The Tort Of Malicious Defense In Civil Litigation, Jonathan K. Van Patten, Robert E. Willard Jan 1984

The Limits Of Advocacy: A Proposal For The Tort Of Malicious Defense In Civil Litigation, Jonathan K. Van Patten, Robert E. Willard

UC Law Journal

Courts in most American jurisdictions have long imposed civil liability on plaintiffs who misuse court processes by asserting malicious or abusive claims. In contrast, no jurisdiction has explicitly recognized tort liability for corresponding actions by defendants. This disparity is anomalous in the light of defendants' increasing tendency to deny claims they know are valid in order to harass plaintiffs, to delay litigation, or to force an unfair settlement. Plaintiffs effectively are left with no remedy if a defendant decides to use judicial processes for such collateral purposes. In addition, the resulting protracted litigation clogs already overburdened courts. This Article argues …

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Buyers Of Used Goods And The Problems Of Hidden Security Interests: A New Proposal To Modify Section 9-307 Of The Uniform Commercial Code, Linda J. Peltier Jan 1984

Buyers Of Used Goods And The Problems Of Hidden Security Interests: A New Proposal To Modify Section 9-307 Of The Uniform Commercial Code, Linda J. Peltier

UC Law Journal

The Uniform Commercial Code protects a buyer in ordinary course of business from claims by third parties with security interests in the goods purchased, but only when the security interest was created by the buyer's immediate seller. Thus, buyers of used goods are not protected from assertions of security interests created by earlier owners. Up to now, only the courts have dealt with this problem, and they have done so on an ad hoc basis. This Article attempts to provide a comprehensive solution. It examines the problem, evaluates the competing interests of the buyer and the secured creditor, and proposes …

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Justice Mathew O. Tobriner--A Man Of Uncommon Grace, Rose Elizabeth Bird Jan 1984

Justice Mathew O. Tobriner--A Man Of Uncommon Grace, Rose Elizabeth Bird

UC Law Constitutional Quarterly

No abstract provided.

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Tinker Goes To The Theater: Student First Amendment Rights And High School Theatrical Productions In Seyfried V. Walton, Deborah A. Churton-Hale Jan 1984

Tinker Goes To The Theater: Student First Amendment Rights And High School Theatrical Productions In Seyfried V. Walton, Deborah A. Churton-Hale

UC Law Constitutional Quarterly

No abstract provided.

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Sporhase V. Nebraska Ex Rel. Douglas: A Call For New Approaches To Water Resource Management, Carl P. A. Nelson Jan 1984

Sporhase V. Nebraska Ex Rel. Douglas: A Call For New Approaches To Water Resource Management, Carl P. A. Nelson

UC Law Constitutional Quarterly

No abstract provided.

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The Sham Exception To The Noerr-Pennington Doctrine, Christina M. Spitzer Jan 1984

The Sham Exception To The Noerr-Pennington Doctrine, Christina M. Spitzer

UC Law Constitutional Quarterly

No abstract provided.

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Managing The Supreme Court's Workload, Arthur J. Goldberg Jan 1984

Managing The Supreme Court's Workload, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

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The Proposed Intercircuit Tribunal: Do We Need It--Will It Work, Arthur D. Hellman Jan 1984

The Proposed Intercircuit Tribunal: Do We Need It--Will It Work, Arthur D. Hellman

UC Law Constitutional Quarterly

No abstract provided.

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Increasing Uniformity And Capacity In The Federal Appellate System, Todd E. Thompson Jan 1984

Increasing Uniformity And Capacity In The Federal Appellate System, Todd E. Thompson

UC Law Constitutional Quarterly

No abstract provided.

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The First Amendment And Mandatory Courtroom Closure In Globe Newspaper Co. V. Superior Court: The Press' Right, The Child Rape Victim's Plight, Arthur S. Frumkin Jan 1984

The First Amendment And Mandatory Courtroom Closure In Globe Newspaper Co. V. Superior Court: The Press' Right, The Child Rape Victim's Plight, Arthur S. Frumkin

UC Law Constitutional Quarterly

No abstract provided.

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In Re Estate Of Wilson: Constitutional And Trust Law Tests For The Validity Of Gender-Restricted Scholarship Trusts, Loren E. Hillberg Jan 1984

In Re Estate Of Wilson: Constitutional And Trust Law Tests For The Validity Of Gender-Restricted Scholarship Trusts, Loren E. Hillberg

UC Law Constitutional Quarterly

No abstract provided.

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Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond Jan 1984

Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond

UC Law Journal

In its 1968 decision of Dillon . Legg, the California Supreme Court rejected the majority rule and permitted a bystander who had not been in the zone of physical danger to be compensated for negligent infliction of mental distress. The court held that the defendant owed a duty to allforseeable plaintiffs, and enunciated three guidelines to help courts measure forseeability. Sixteen years later, the meaning and wisdom of the Dillon decision are still debated. The Article first briefly reviews Dillon and its progeny, focusing on the courts' mechanical application of the Dillon guidelines and the inequitable distinctions that have resulted. …

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Blind Umpires--A Response To Professor Resnik, Steven Flanders Jan 1984

Blind Umpires--A Response To Professor Resnik, Steven Flanders

UC Law Journal

In a recent law review article, Professor Resnik issued a "proclamation of change"-an attack on judicial management of civil cases, both pretrial and post-trial, that asserts that the character of the judiciary has been fundamentally altered for the worse. Through use of two hypothetical models, Professor Resnik argued that new managerial responsibilities give judges greater power and, at the same time, undermine the traditional procedural safeguards against abuse of that power. This Commentary first demonstrates that Professor Resnik's models are seriously flawed and consequently do not support the broad-based attack that she makes throughout her article. After discussing why judicial …

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Collective Bargaining Under The Meyers-Milias-Brown Act--Should Local Public Employees Have The Right To Strike, Susan T. Sekler Jan 1984

Collective Bargaining Under The Meyers-Milias-Brown Act--Should Local Public Employees Have The Right To Strike, Susan T. Sekler

UC Law Journal

Public sector employment in California has expanded dramatically in recent years, with corresponding increases both in public employee union membership and in the number of public sector strikes. While the California Supreme Court has declined to resolve the issue of whether strikes by public employees are legal, the California Court of Appeal has adopted the common law rule and generally has prohibited strikes by public employees. The supreme court now faces another opportunity to resolve the issue in County Snlitatlon Disicit v. Los Angeles County Employees Association. This Note begins with an analysis of the Meyers-Milias-Brown Act, concluding that a …

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