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Articles 6661 - 6690 of 8910

Full-Text Articles in Law

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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Domestic Relations Cases In Federal Court: Toward A Principled Exercise Of Jurisdiction, Barbara Ann Atwood Jan 1984

Domestic Relations Cases In Federal Court: Toward A Principled Exercise Of Jurisdiction, Barbara Ann Atwood

UC Law Journal

The federal courts have long viewed domestic relations litigation as beyond their competence, even though such cases often meet the statutory prerequisites for federal subject matter jurisdiction. While the Supreme Court has never squarely endorsed a broad jurisdictional exception for domestic relations cases, such a doctrine has been created and followed by the lower courts and, as such, is poorly defined and unevenly applied. This Article traces the development of the domestic relations "exception" from its ambiguous origins in early Supreme Court dicta to the uncontained doctrine presently endorsed by the lower courts. The Article first analyzes the pertinent Supreme …

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Illinois Brick And The Deterrence Of Antitrust Violations--An Economic Analysis, Gregory J. Werden, Marius Schwartz Jan 1984

Illinois Brick And The Deterrence Of Antitrust Violations--An Economic Analysis, Gregory J. Werden, Marius Schwartz

UC Law Journal

In Illinois Brick Co. v. Illinois, the Supreme Court held that, except in special circumstances, only direct purchasers may recover treble damages under section 4 of the Clayton Act for the effect of a price-fixing conspiracy throughout a vertical supply chain. The wisdom of the Court's decision was questioned at the time by the three dissenting Justices, has been hotly debated in the scholarly literature, and currently is being considered by Congress. This Article focuses on one of the most important issues raised in the debate-whether, as the Court appears to have concluded, assigning the exclusive right to recover damages …

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When A Permissive Intervenor Impairs The Plaintiff's Control, David C. Capell Jan 1984

When A Permissive Intervenor Impairs The Plaintiff's Control, David C. Capell

UC Law Journal

The Federal Rules of Civil Procedure give the plaintiff considerable power over the lawsuit and facilitate joinder and intervention. These policies can give rise to a jurisdictional conflict. This Note explores one such hypothetical case: when a federal court grants a motion for permissive intervention in a diversity action, and the plaintiff later seeks to permissively join a party who is adverse to, and shares citizenship with, the already admitted permissive intervenor. The Note first addresses the original plaintiffs power to manage the suit and the procedural and jurisdictional limitations on such power with respect to joining additional parties and …

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Excess Capacity, Louis B. Schwartz Jan 1984

Excess Capacity, Louis B. Schwartz

UC Law Journal

No abstract provided.

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Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall Jan 1984

Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall

UC Law Journal

The late Chief Justice Roger Traynor's illustrious career as a law professor and justice of the California Supreme Court spanned more than fifty years. During that career, he significantly influenced the law of California and many other jurisdictions. This Article introduces a series of three Articles examining Justice Traynor's impact on particular areas of law. The Article briefly reviews Justice Traynor's background, his education, and his career as a law professor and state supreme court justice. The Article then suggests some of the reasons for the esteem in which Justice Traynor's work is held and concludes with a tribute to …

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Chief Justice Traynor And Choice Of Law Theory, Herma Hill Kay Jan 1984

Chief Justice Traynor And Choice Of Law Theory, Herma Hill Kay

UC Law Journal

Chief Justice Traynor broke new ground in many areas of conflict of laws; his influence was greatest, however, in the development of choice of law theory. Several writers have noted Justice Traynor's reliance in this area on Professor Brainerd Currie's governmental interest analysis. This Article discusses Justice Traynor's contribution to choice of law theory. The Article first examines the early development of his approach as exhibited in his first five choice of law opinions. It then discusses Professor Currie's governmental interest analysis theory and the impact it had on Justice Traynor's views. The Article recounts the collaboration between Traynor and …

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Chief Justice Traynor And Criminal Law, Jerome Hall Jan 1984

Chief Justice Traynor And Criminal Law, Jerome Hall

UC Law Journal

Chief Justice Traynor was preeminent as a judge in part because he was also a legal scholar. The qualities that distinguished his method become clear upon careful analysis of the opinions he authored. This Article explores his opinions in several areas of criminal law to illustrate those qualities. The Article first examines Justice Traynor's thorough approach when deciding whether to change the law, illustrating that approach with a famous case on false pretenses. It then discusses the development, through a series of opinions, of Justice Traynor's views on felony murder. The Article discusses the reasons behind his opinion allowing the …

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Appellate Review Of Judicial Disqualification Decisions In The Federal Courts, Karen Nelson Moore Jan 1984

Appellate Review Of Judicial Disqualification Decisions In The Federal Courts, Karen Nelson Moore

UC Law Journal

Litigants in federal district courts more often are asking judges to disqualify themselves from cases on grounds of bias, prejudice, or personal interest in a lawsuit. Whether an appellate court should immediately review an interlocutory decision concerning judicial disqualification depends on the balance between two types of policies. The policies of efficiency of appellate review and respect for the trial court require the appellate court to delay review until the lower court reaches a final judgment. However, the judicial disqualification decision may affect the judgment so fundamentally that immediate review is necessary. The correct resolution of this issue is currently …

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Curbing Injurious Pac Support Through 2 U.S.C. 441d, Mitchell L. Gaynor Jan 1984

Curbing Injurious Pac Support Through 2 U.S.C. 441d, Mitchell L. Gaynor

UC Law Journal

A political candidate's campaign can be harmed if a political action committee (PAC) over which the candidate has no control sponsors a negative advertising campaign directed against her opponent. Such PAC support may backfire if the voters believe that the candidate is the source of the negative communication. In 1976 Congress enacted 2 U.S.C. § 441d in an apparent attempt to reduce the danger of such injurious PAC support. This statute imposed identification requirements on political statements concerning candidates. This Note first examines the reasons for the rapid development of PACs in the last fifteen years. The Note then considers …

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Merger Actions For Damages, Herbert Hovenkamp Jan 1984

Merger Actions For Damages, Herbert Hovenkamp

UC Law Journal

Courts today permit private damages actions for illegal mergers under section 7 of the Clayton Act. An unrestricted private right to damages under section 7, however, creates the risk of deterring socially useful mergers. This Article analyzes the efficiency defense as a means of limiting private actions and concludes that this defense is impracticable because the efficiency and market power effects of a merger are virtually impossible to quantify. The Article then proposes a broadened and strengthened version of the "antitrust injury" doctrine formulated by the Supreme Court in .Brunswick to restrict private actions: if the complaint alleges injury resulting …

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Chief Justice Warren And 1984, Bernard Schwartz Jan 1984

Chief Justice Warren And 1984, Bernard Schwartz

UC Law Journal

George Orwell's 1984 predicts a society dominated by a totalitarian government. Chief Justice Earl Warren was primarily responsible for a jurisprudence that would not countenance the kind of society envisaged in 1984. This Commentary traces the significant criminal procedure decisions of the Warren Court that helped to ensure that Orwel's chilling prediction would remain only fiction. It first focuses on decisions that advanced fourth amendment privacy protections. It next examines the Warren Court's concern for protecting the rights of the criminal defendant and for curbing illegal and oppressive police conduct. The Commentary then notes that as modern methods of electronic …

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In The Shadow Of 1984: National Identification Systems, Computer-Matching, And Privacy In The United States, John Shattuck Jan 1984

In The Shadow Of 1984: National Identification Systems, Computer-Matching, And Privacy In The United States, John Shattuck

UC Law Journal

The politics and technology represented in George Orivell's 1984 reduced to zero any expectation of privacy. This Commentary discusses several recent political and technological trends that appear to be driving toward the same result. For example, Congress has been considering a proposal to establish a computerized national identification system to restrict immigration into the United States. This Commentary argues that such a system could become a major instrument for tracking and controlling the private lives of millions of citizens. In another type of privacy invasion, computer-matching, the federal government combines personal data from unrelated computer tapes to conduct government investigations. …

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Groundwater Rights On Public Land In California, W. Douglas Kari Jan 1984

Groundwater Rights On Public Land In California, W. Douglas Kari

UC Law Journal

Public land-land owned by the federal government, administered by the Bureau of Land Management, and still open to settlement, sale, or other disposition--constitutes a significant portion of California. Most of this land is in the California Desert where use of the land depends upon a supply of water. Groundwater is an important source of water in the desert, but the federal and state statutory and common law regulating groundwater use on public land in California are complex. This Note attempts to clarify those authorities, first discussing the federal government's right to reserve water wells for certain purposes on public land. …

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Advatages And Limitations Of Current Employee Ownership Assistance Acts To Workers Facing A Plant Closure, Virginia L. Duquet Jan 1984

Advatages And Limitations Of Current Employee Ownership Assistance Acts To Workers Facing A Plant Closure, Virginia L. Duquet

UC Law Journal

In an attempt to prevent the problems created by a plant closure, many states have enacted employee ownership assistance acts (EOAAs) to assist the transfer of ownership of the enterprise to the employees and thus avoid a plant closure. This Note analyzes the benefits and limitations of several recently enacted EOAAs and discusses whether they respond adequately to the plant closure problem. The Note concludes that this legislation is vital to the buyout process. EOAAs, however, cannot effectively encourage employee buyouts unless they contain adequate implementation guidelines and notification requirements. Finally, the Note suggests how such legislation could be improved …

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Severabliity And The Realignment Of The Balance Of Power Over The Public Lands: The Federal Land Policy And Management Act Of 1976 After The Legislative Veto Decisions, Robert L. Glicksman Jan 1984

Severabliity And The Realignment Of The Balance Of Power Over The Public Lands: The Federal Land Policy And Management Act Of 1976 After The Legislative Veto Decisions, Robert L. Glicksman

UC Law Journal

A long-running dispute between the President and Congress concerns the power of Congress to overturn, without presidential participation, executive action that Congress deems inconsistent with a statutory delegation of power to the executive branch. The Federal Land Policy and Management Act (FLPMA) typifies the manner in which Congress has employed the legislative veto to control executive branch discretion. The delicate balance of power over the public lands delineated in FLPMA may have been upset by the Supreme Court's recent decision in Immigration and Naturalization Service v. Chadha. In Chadha the Court held that a one-house legislative veto provision in the …

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Establishment Clause Challenge To Mandatory Religious Accommodation In The Workplace, Marion K. Mcdonald Jan 1984

Establishment Clause Challenge To Mandatory Religious Accommodation In The Workplace, Marion K. Mcdonald

UC Law Journal

While statutes governing employer accommodation of employee religious practices have been challenged on constitutional grounds in the federal appellate courts, the Supreme Court has not yet determined whether religious accommodation in the workplace violates the establishment clause. The Supreme Court will have the opportunity to resolve this issue in Estate of Thornton v. Caldor, Inc. This case, which involves a Connecticut statute that prohibits an employer from requiring employees to work on their designated day of Sabbath, may significantly affect the future of the religious accommodation doctrine at both the state and federal levels. This Note examines the constitutionality of …

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Seven Deadly Sins Of Straining The Constitution Through A Pseudo-Scientific Sieve, Laurence H. Tribe Jan 1984

Seven Deadly Sins Of Straining The Constitution Through A Pseudo-Scientific Sieve, Laurence H. Tribe

UC Law Journal

In recent years the Supreme Court often has followed the modern trend and applied cost-benefit analysis to reach its decisions. Professor Tribe, the second annual Mathew 0. Tobriner Memorial Lecturer, criticized the use of this technocratic mode of analysis by a constitutional court. His critique focused on seven essential dangers of that mode of analysis: (1) The devaluation of process as an end in itself, (2) Ignoring the disparity in how alternative rules affect the rich and poor, (3) Focusing on the tangible effects of challenged governmental practices to the exclusion of intangibles, (4) Allowing case-by-case decisionmaking to obscure the …

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The Futility Of Antitrust Attacks On Tie-In Sales: An Economic And Legal Analysis, Henry N. Butler, W. J. Lane, Owen R. Phillips Jan 1984

The Futility Of Antitrust Attacks On Tie-In Sales: An Economic And Legal Analysis, Henry N. Butler, W. J. Lane, Owen R. Phillips

UC Law Journal

The Supreme Court's treatment of tying arrangements has long been based on an economic theory that tie-ins serve to extend existing monopoly power into new markets. Although this theory has been extensively criticized by economists, the Court has recently reaffirmed, by a narrow margin, the rule that tying arrangements are illegal per se. In light of the Court's persistent adherence to its foreclosure theory, this Article analyzes this antitrust issue from a new perspective. The authors assume that the Court's theory of the monopoly- extending capabilities of tying arrangements is sound. Then they proceed to undermine the Court's implicit assumption …

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Rethinking Exclusion–The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell Jan 1984

Rethinking Exclusion–The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell

Faculty Scholarship

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

Faculty Scholarship

No abstract provided.

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Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp Jan 1984

Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp

Faculty Scholarship

No abstract provided.

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Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine Jan 1984

Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine

Faculty Scholarship

No abstract provided.

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The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine Jan 1984

The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine

Faculty Scholarship

No abstract provided.

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Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus Jan 1984

Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus

Faculty Scholarship

No abstract provided.

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Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall Jan 1984

Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall

Faculty Scholarship

No abstract provided.

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Grading The Judge, William W. Schwarzer Jan 1984

Grading The Judge, William W. Schwarzer

Faculty Scholarship

No abstract provided.

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The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg Jan 1984

The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

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Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg Jan 1984

Children Of The Night: The Adequacy Of Statutory Treatment Of Juvenile Prostitution, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

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On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish Jan 1984

On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish

Faculty Scholarship

No abstract provided.

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