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Articles 6781 - 6810 of 8903
Full-Text Articles in Law
The New Supreme Court Commentators: The Principled, The Political, And The Philosophical, Laurence E. Wiseman
The New Supreme Court Commentators: The Principled, The Political, And The Philosophical, Laurence E. Wiseman
UC Law Constitutional Quarterly
No abstract provided.
Political Campaign Expenditure Limitations And The Unconstitutional Condition Doctrine, Marlene Arnold Nicholson
Political Campaign Expenditure Limitations And The Unconstitutional Condition Doctrine, Marlene Arnold Nicholson
UC Law Constitutional Quarterly
No abstract provided.
Broadcasters' Rights: Whether To Air Independent Political Action Committee Advertisements, William C. Oldaker, Donald S. Picard
Broadcasters' Rights: Whether To Air Independent Political Action Committee Advertisements, William C. Oldaker, Donald S. Picard
UC Law Constitutional Quarterly
No abstract provided.
The Balanced Budget/Tax Limitation Amendment, David Dreier, William Craig Stubblebine
The Balanced Budget/Tax Limitation Amendment, David Dreier, William Craig Stubblebine
UC Law Constitutional Quarterly
No abstract provided.
Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer
Ballot Propositions: The Challenge Of Direct Democracy To State Constitutional Jurisprudence, James M. Fischer
UC Law Constitutional Quarterly
No abstract provided.
Eliminating The Defect In Design Strict Products Liability Theory, John L. Diamond
Eliminating The Defect In Design Strict Products Liability Theory, John L. Diamond
UC Law Journal
The twenty years since the introduction of the concept of strict products Liability have been marked by an analytic struggle within the courts as to what standards should govern the imposition of such liability in design defect cases. The struggle, which has focused on the effort to define "design defect" by incorporating both warranty and negligence theories, is reflected in section 402A of the Restatement (Second) of Torts. After examining the origins of strict products liability theory, this Article traces judicial efforts to deal with the theory and section 402A in California, New Jersey and Pennsylvania. The Article argues that …
The Relevance Of Statistics To Prove Discrimination: A Typology, Julia Lamber, Barbara Reskin, Terry Dworkin
The Relevance Of Statistics To Prove Discrimination: A Typology, Julia Lamber, Barbara Reskin, Terry Dworkin
UC Law Journal
Substantial confusion exists among lawyers, litigants and the courts about how to identify and prove discrimination. The difficulty is primarily a result of the absence of a definition of discrimination in the federal civil rights statutes, and uncertainty as to what social policies the anti-discrimination statutes seek to accommodate. This Article provides an approach for identifying and proving discrimination through the use of statistical evidence. The Article begins by classifying discrimination cases into five basic types, based on the nature of the harm involved in each type of case. The Article then describes the potential uses of statistical evidence by …
The Guaranteed Student Loan Program: Do Lenders' Risks Exceed Their Rewards, Timothy D. Naegele
The Guaranteed Student Loan Program: Do Lenders' Risks Exceed Their Rewards, Timothy D. Naegele
UC Law Journal
With the troubled economic conditions and skyrocketing educational costs of the 1970's and 1980's, an increasing number of students have come to rely on the federally insured Guaranteed Student Loan Program established in 1965. A concommitant effect of this greater student dependence has been the greater dependence of post-secondary schools on the availability of such loan monies to establish and maintain enrollment levels. The key to the GSLP is the willingness of private lenders to participate in the program. Such willingness is dependent on a balancing of the lenders' risk and their expected rate of return from their GSLP investment. …
Nlra Preemption Of State Wrongful Discharge Claims, Alan J. Haus
Nlra Preemption Of State Wrongful Discharge Claims, Alan J. Haus
UC Law Journal
The potential federal preemption of state law causes of action for wrongful discharge brought by unionized employees has puzzled the courts in several states. This Comment argues that since few of these actions implicate NLRB jurisdiction, the major line of labor law preemption cases is not relevant to the problem. The Comment then argues for the application of cases from the less frequently litigated areas of labor law preemption. The Comment concludes that wrongful discharge actions which protect interests authorized by the NLRA should be preempted, while those state claims which protect interests not related to the NLRA should be …
Proposed Revision Of I.R.C. 1563(A)(2): A New Definition For Brother-Sister Controlled Groups, Barbara Hunt Moldave
Proposed Revision Of I.R.C. 1563(A)(2): A New Definition For Brother-Sister Controlled Groups, Barbara Hunt Moldave
UC Law Journal
A brother-sister controlled group exists where the stock of two or more corporations is held in sufficient quantity by the same small group of shareholders such that the corporations can be operated as a single unit. The controlled group is then taxed as a single corporation. This Comment argues that the current definition of a controlled group found in I.R.C. § 1563(a)(2) is overinclusive in some respects, and underinclusive in others. The Comment discusses the problems raised by the current statute, and concludes with a proposal for a new statute aimed at resolving these deficiencies.
Preemption Of Reconcilable State Regulation: Federal Benefit Schemes V. State Marital Property Law, James A. Riddle
Preemption Of Reconcilable State Regulation: Federal Benefit Schemes V. State Marital Property Law, James A. Riddle
UC Law Journal
Federal preemption analysis determines the validity of state regulation that arguably conflicts with federal regulation. This Comment examines recent application of federal preemption analysis by the United States Supreme Court in Hirquierdo v. Hisquierdo, McCarty v. McCarty and Ridgway v. Ridgway. Because these decisions involve state marital property law and various federal benefit schemes, they illustrate the Burger Court's approach to the federal preemption of largely unrelated state regulation. The Comment concludes that where the goals of state and federal regulation differ. orthodox preemption doctrine should be modified to include an assessment of the relative importance of the state and …
The Williams Act After Rico: Has The Balance Tipped In Favor Of Incumbent Mangement, William C. Tyson, Andrew A. August
The Williams Act After Rico: Has The Balance Tipped In Favor Of Incumbent Mangement, William C. Tyson, Andrew A. August
UC Law Journal
In 1968, Congress passed the Williams Act primarily to regulate two favored methods of corporate takeovers-substantial stock acquisitions and tender offers. By the early 1980s, attorneys representing target corporations had discovered a potent supplement to the Williams Act--the Racketeer Influenced and Corrupt Organizations Act (RICO), which was enacted in 1970. Corporate attorneys have interpreted RICO's provisions to give tender offer targets an express right to sue under RICO for certain violations of the Williams Act. This Article explores the problems raised by the policy conflict that emerges from this use of Williams Act violations when stating a cause of action …
Conscious Parallelism: The Business Judgment Defense In A Summary Judgment Context, Emil John Kotalik Jr.
Conscious Parallelism: The Business Judgment Defense In A Summary Judgment Context, Emil John Kotalik Jr.
UC Law Journal
The Sherman Act's prohibition of conspiracy in restraint of trade has posed the perennial problem of distinguishing between independent action and anticompetitive agreement. The difficulty of this task is accentuated when plaintiffs' evidence of "consciously parallel" business behavior is met by business justifications for that parallel conduct in defendants' summary judgment motions. This Note begins by discussing the basic principles of Sherman Act conspiracy and inferential proof of concerted action in a summary judgment context, addressing the various standards governing the doctrine of conscious parallelism and focusing on the development, application, and limitation of the business judgment defense. The Note …
Judicial Review Of Antitrust Consent Decrees: Reconciling Judicial Responsibility With Executive Discretion, James C. Noonan
Judicial Review Of Antitrust Consent Decrees: Reconciling Judicial Responsibility With Executive Discretion, James C. Noonan
UC Law Journal
For nearly eighty years the Department of Justice has disposed of civil antitrust suits through settlement negotiations followed by entry of a consent decree. Though not expressly authorized by statute, the Supreme Court has affirmed the use of this powerful enforcement tool. In 1974, Congress enacted the Antitrust Procedures and Penalties Act (APPA), which includes a provision that district court judges must determine if a proposed consent decree is "in the public interest" before entering it. This Note analyzes the standards applied by the courts in their review of consent decrees before the enactment of the APPA. the congressional intent …
Unconscionability Redefined: California Imposes New Duties On Commercial Parties Using Form Contracts, Trudy Nobles Sargent
Unconscionability Redefined: California Imposes New Duties On Commercial Parties Using Form Contracts, Trudy Nobles Sargent
UC Law Journal
Standardized form contracts, while generally beneficial to the business community, have led courts to develop various theories under which they can refuse to enforce the terms of such contracts when enforcement would lead to harsh results. The broadest of these theories is unconscionability. Relying on this theory, the California Court of Appeal in A & M Produce Co. v. FMC Corporation refused to enforce a disclaimer of warranties and an exclusion of consequential damages contained in an agricultural equipment sales contract. This holding is controversial because it invalidated exculpatory clauses contained in a contract between two commercial entities, clauses that …
Irs Third-Party Administrative Summonses Vs. The Right To Privacy: The Case Of Barter Exchanges, Lauren Watson
Irs Third-Party Administrative Summonses Vs. The Right To Privacy: The Case Of Barter Exchanges, Lauren Watson
UC Law Journal
Pursuant to its tax-collecting duty, the Internal Revenue Service (IRS) has the power to issue summonses requiring taxpayers and third parties to appear and produce books, papers, records, and documents. Internal Revenue Code section 7609 contains protective notice and intervention provisions that protect the privacy of named target taxpayers. Summonses that do not identify the target taxpayer, however, are subject only to the less vigorous John Doe summons requirements. Barter exchanges have become a recent target of IRS John Doe summonses, creating problems for barter exchange members and other unnamed taxpayer targets. This Note examines the summons power of the …
Status Quo Ante Remedies Under The Federal Service Labor-Management Relations Statute, Joseph William Bell
Status Quo Ante Remedies Under The Federal Service Labor-Management Relations Statute, Joseph William Bell
UC Law Journal
An important achievement of the Carter Administration was the enactment of the Civil Service Reform Act of 1978. Title VII of that act, headed "Federal Service Labor-Management Relations" (Statute), governs collective bargaining in the federal sector, which includes more than two million employees. Section 7118(a)(7) of the Statute requires the Federal Labor Relations Authority (Authority) to impose certain effective remedies that will achieve the purpose of the Act. This Note focuses on the Authority's use of status quo ante remedies for violations of section 7116(a)(5), which makes it an unfair labor practice for a government agency "to refuse to consult …
Voluntary Affirmative Action In The Private Sector--Are Seniority Overrides For Layoffs Permissible, Karen G. Kramer
Voluntary Affirmative Action In The Private Sector--Are Seniority Overrides For Layoffs Permissible, Karen G. Kramer
UC Law Journal
Affirmative action hiring and promotion programs are intended to provide minority workers the opportunity to enter or advance into positions traditionally closed to them by discrimination. However, minority employees hired under these programs generally have less seniority than white employees. Consequently, layoffs based solely on seniority are likely to disproportionately affect minorities and undermine the affirmative action hiring and promotion programs. An extention of private voluntary affirmative action to layoffs, through the implementation of "seniority overrides," would work to alleviate this inequity. This Note discusses whether private employers may voluntarily implement such seniority overrides to preserve the gains realized by …
Constitutional Challenges To Prison Overcrowding: The Scientific Evidence Of Harmful Effects, Terence P. Thornberry, Jack E. Call
Constitutional Challenges To Prison Overcrowding: The Scientific Evidence Of Harmful Effects, Terence P. Thornberry, Jack E. Call
UC Law Journal
In the past two decades American courts have decided numerous cases involving the constitutionality of prison and jail conditions. A number of prison cases have turned on the court's assessment of the constitutionality of narrow conditions, such as sanitation, fire safety, medical and mental health care, diet, exercise, or protection of inmates from assaults. This Article examines the harmful consequences of the more fundamental problem of prison overcrowding, working from the premise that consideration of the harmful effects of prison overcrowding and the constitutional implications of these effects is critical not just to inmates and courts, but also to prison …
Regulatory Reform: Assessing The California Plan, Marsha N. Cohen
Regulatory Reform: Assessing The California Plan, Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond
Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond
Faculty Scholarship
No abstract provided.
Management Powers And Duties Under California's Community Property Laws: Recommendations For Reform, Carol S. Bruch
Management Powers And Duties Under California's Community Property Laws: Recommendations For Reform, Carol S. Bruch
UC Law Journal
In 1975, California adopted a system of equal management of control of community property. Few changes were made, however, to enhance the likelihood that this theoretical equality would in fact be carried out. This Article examines the practical issues that arise under California's equal management and control provisions and recommends changes in those provisions that will ensure equality of rights and responsibilities in practice as well as in theory. Recognizing the societal interests served by the preservation of marriages and the need to prevent escalation of marital disputes, the Article also proposes remedies for spouses who wish to have property …
Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen
Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen
UC Law Journal
This Article examines whether the law forbidding division of certain federal pension benefits between divorcing spouses applies as well to the division of assets whose source- may be traced to federal pension benefits theretofore received. After an examination of the Hisquierdo and McCarty decisions and four California court of appeal cases, the Article concludes that preemption of division of received railroad retirement and social security benefits does not automatically follow from the decided cases. Recent legislation reversing the McCarty decision will largely eliminate preemption of division of received military retired pay. The author believes that Congress should extend the reach …
Shared Appreciation Mortgages, Ronald Friend
Shared Appreciation Mortgages, Ronald Friend
UC Law Journal
Alternative mortgage instruments have become the rule, rather than the exception, in modem real estate financing in both the commercial and residential sectors. The departure of modem financing techniques from the traditional form raises a host of legal and practical questions. This Article examines issues that arise in conjunction with shared appreciation mortgage financing, though the discussion is also applicable to other alternative mortgage instruments. Among the issues examined are those relating to usury, mortgagees' right of redemption, securities law, income taxes, restraints on alienation, debt vs. equity, redlining, and others.
The Legislative-Adjudicative Distinction In California Land Use Regulation: A Suggested Response To Arnel Development Co. V. City Of Costa Mesa, Sara Reusch Levitan
The Legislative-Adjudicative Distinction In California Land Use Regulation: A Suggested Response To Arnel Development Co. V. City Of Costa Mesa, Sara Reusch Levitan
UC Law Journal
In Arnel Development Co. v. City of Costa Mesa, the California Supreme Court ruled that the label of a land use regulatory change determines whether it is legislative or adjudicative in character. Regardless of the size of the subject parcel or the number of landowners affected, a rezoning is legislative, while a permit or variance is adjudicative. This Comment describes California's land use regulatory system and explains the procedural consequences of the legislative-adjudicative distinction within that system after Arnel. The Comment concludes that reliance on the label of a change to determine its character results in inadequate procedural safeguards in …
Bell V. Industrial Vangas: The Employer-Manufacturer And The Dilemma Of Dual Capacity, Glen R. Olson
Bell V. Industrial Vangas: The Employer-Manufacturer And The Dilemma Of Dual Capacity, Glen R. Olson
UC Law Journal
This Comment considers the history of the exclusive remedy provision of the California workers' compensation system and analyzes the recent California Supreme Court decision of Bell v. Industrial Vangas, in which a new products liability exception to the exclusive remedy provision was declared. The result in Bell is seen as supporting the policies underlying products liability but overlooking the important policies underlying the workers' compensation system. The Comment concludes that the rights of injured workers and their employers would be better served by legislative changes in the workers' compensation system than by the proliferation of exceptions such as the one …
Application Of The Undue Burden Test To Mass Transportation: Parallel Or Pitfall, Winston Peters
Application Of The Undue Burden Test To Mass Transportation: Parallel Or Pitfall, Winston Peters
UC Law Journal
Although Congress has passed several statutes mandating equal access to mass transportation for the physically handicapped, mainline transit systems for the most part remain inaccessible to this group. This Comment analyzes the legislative history of section 504 of the Rehabilitation Act of 1973 and other federal statutes enacted to guarantee equal access to mass transportation, and discusses recent cases construing these provisions. The Comment concludes that modification of mainline transit systems need not constitute an "undue burden" as defined by the United States Supreme Court in Southeastern Community College v. Davis, and that local transit authorities have an affirmative obligation …
Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K. S. Wang
Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K. S. Wang
UC Law Journal
No abstract provided.
From Reynolds V. Sims To City Of Mobile V. Bolden: Have The White Suburbs Commandeered The Fifteenth Amendment, James U. Blacksher, Larry T. Menefee
From Reynolds V. Sims To City Of Mobile V. Bolden: Have The White Suburbs Commandeered The Fifteenth Amendment, James U. Blacksher, Larry T. Menefee
UC Law Journal
In 1964, the United States Supreme Court held that the fourteenth amendment requires state legislatures to apportion themselves by population. The new constitutional rule of one person, one vote set forth in Reynolds v. Sims was derived largely from decisions prohibiting racial discrimination in voting under the fifteenth amendment. In decisions following Reynolds, the Court recognized that the one-person, one-vote standard could be satisfied by creation of multimember districts or at-large voting plans that would be likely to disadvantage racial minorities. This Article traces the development of the problem of minority vote dilution and the Court's attempts to articulate standards …
The California Article 9 No-Deficiency Rule: Undermining The Secured Party's Security, Norma Garrett Formanek
The California Article 9 No-Deficiency Rule: Undermining The Secured Party's Security, Norma Garrett Formanek
UC Law Journal
In 1972, a California appellate court inAhdas Thrift Co. v. Horan held that a secured party was barred from recovering a deficiency judgment against the defaulting debtor if the secured party did not comply with section 9-504(3) of the Uniform Commercial Code, requiring notice of sale to the debtor and commercially reasonable conduct of the sale. This court-made rule has been followed by other California appellate courts but has not been reviewed by the California Supreme Court. This Comment first reviews the response of courts in other states to the UCC system of debtor remedies for secured party misbehavior. It …