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Articles 6901 - 6930 of 8903
Full-Text Articles in Law
The Scope Of Section 1985 (3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late, Taunya Lovell Banks
The Scope Of Section 1985 (3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late, Taunya Lovell Banks
UC Law Constitutional Quarterly
No abstract provided.
A Tribute To Justice Arthur J. Goldberg, Stanley Mosk
A Tribute To Justice Arthur J. Goldberg, Stanley Mosk
UC Law Constitutional Quarterly
No abstract provided.
The Supreme Court Reaches Out And Touches Someone--Fatally, Arthur J. Goldberg
The Supreme Court Reaches Out And Touches Someone--Fatally, Arthur J. Goldberg
UC Law Constitutional Quarterly
No abstract provided.
The Establishment Clause And Religion-Based Categories: Taking Entanglement Seriously, Bruce Nevin Shortt
The Establishment Clause And Religion-Based Categories: Taking Entanglement Seriously, Bruce Nevin Shortt
UC Law Constitutional Quarterly
No abstract provided.
The Public Forum Doctrine And Haig V. Agee, John E. Bolmer Ii
The Public Forum Doctrine And Haig V. Agee, John E. Bolmer Ii
UC Law Constitutional Quarterly
No abstract provided.
The Transformation Of The Attorney-Client Privilege: In Search Of An Ideological Reconciliation Of Individualism, The Adversary System, And The Corporate Client's Sec Disclosure Obligations, Michel Rosenfeld
UC Law Journal
The attorney-client privilege recently has undergone significant social, political, and ideological changes. This Article examines inherent tensions in the legal system as they are reflected in the attorney-client privilege-disaccord between individual rights and the good of society, the analogy between the corporation and the individual, and the conflict between the individual's right to privacy and mandatory public disclosure laws imposed on corporations. The Article questions whether the privilege will continue to provide meaningful protection to the attorney-client relationship within the modern legal system, and concludes that, to achieve this goal, courts should use a more flexible and adaptable approach to …
The Effect Of The Endangered Species Act On Housing Construction, Katharine Rosenberry
The Effect Of The Endangered Species Act On Housing Construction, Katharine Rosenberry
UC Law Journal
Section 7 of the Endangered Species Act provides that federal agencies ensure that their actions do not jeopardize the continued existence of designated endangered plants or animals or their critical habitats. Although federal agencies are involved to some degree in over twenty-five percent of new housing starts in the United States, the courts have not yet determined the degree of federal involvement in the construction of housing units that will suffice to invoke the protection of the Endangered Species Act. This Article traces the history of the regulatory efforts by Congress to protect scarce plants and animals. After examining the …
Negligent Infliction Of Emotional Distress: Coherence Emerging From Chaos, Virginia E. Nolan, Edmund Ursin
Negligent Infliction Of Emotional Distress: Coherence Emerging From Chaos, Virginia E. Nolan, Edmund Ursin
UC Law Journal
California courts, long leaders in the development of tort law, recently have decided a series of cases in the area of negligent infliction of emotional distress. The California law governing recovery for negligently inflicted emotional distress, as expressed in Dillon v. Legg, Justus v. Atchison, and Molien v. Kaiser Foundation Hospitals, however, has engendered great confusion in the legal community. This Article analyzes these California Supreme Court decisions and their effect on the decisions of the lower California courts. The Article then examines the policy questions underlying these decisions and suggests that the arbitrariness and complexity of California's emotional distress …
Military Triers Of Fact: A Needless Deprivation Of Constitutional Protections, Gary Michael Heil
Military Triers Of Fact: A Needless Deprivation Of Constitutional Protections, Gary Michael Heil
UC Law Journal
In Burch . Louisiana and Ballew v. Georgia, the Supreme Court defined the protections guaranteed by the right to jury trial granted by the sikth amendment. The jury size and voting requirements imposed by the constitution, however, have not been extended to criminal prosecutions under the Uniform Code of Military Justice. This Comment discusses the reasons given by the military courts for denying these protections to servicemen. The Comment then analyzes the appropriateness of these decisions in light of Supreme Court and military court precedents as well as the way in which military triers of fact are conditioned to perform …
The Public Trust Doctrine And California Water Law: National Audubon Society V. Department Of Water And Power, Martha Guy
UC Law Journal
Conflicting demands on dwindling surface water supplies in California have led to frequent challenges of state decisions to grant diversions of water that impair or destroy ecological, recreational, or other instream uses of surface waters. This Comment examines the fundamental problems of surface water allocation in California and addresses the possibility of incorporating the public trust doctrine into the current water law system. The Comment then evaluates a recent attempt to apply the public trust doctrine in National Audubon Society v. Department of Water and Power. The Comment concludes by offering an alternative means to public trust protection of California's …
The California State Courts And Consumer Class Actions For Antitrust Violations, Jonathan P. Hayden
The California State Courts And Consumer Class Actions For Antitrust Violations, Jonathan P. Hayden
UC Law Journal
California Antitrust laws, in contrast to the federal antitrust laws, permit recovery by a broad range of consumer plaintiffs. This Comment examines several important differences between the federal and the California antitrust remedies and contrasts the indirect purchaser damages recoveries afforded by each. The Comment then discusses removal and preemption problems arising from the increased use of the California courts for indirect purchaser class actions. The Comment concludes that the two antitrust schemes can be reconciled by the state courts.
Pass In Review: Due Process And Judicial Scrutiny Of Classification Decisions Of The Selective Service System, Donald L. Doernberg
Pass In Review: Due Process And Judicial Scrutiny Of Classification Decisions Of The Selective Service System, Donald L. Doernberg
UC Law Journal
American courts, faced with public resistance to conscription, have long attempted to strike a balance between the government's interest in compelling military service and the citizen's interest in resisting it. This Article traces the development of judicial review of administrative decisions in the conscription process. The Article first examines three historical periods in the development of standards of review. The Article then suggests that the requirement that the Selective Service System state reasons for the denial of a registrant's deferment request should not be based on the need to facilitate administrative decisions and judicial review, but on the registrant's right …
The Definition And Division Of Marital Property In California: Towards Parity And Simplicity, Carol S. Bruch
The Definition And Division Of Marital Property In California: Towards Parity And Simplicity, Carol S. Bruch
UC Law Journal
Divisions of community property have become increasingly complex under California law. This Article examines the issues posed in typical divorce and probate cases and compares the relative post-divorce financial positions of men and women. The Article concludes that the California system is in serious need of reform, and suggests changes for legislative consideration.
Forging The New Water Law: Public Regulation Of Proprietary Groundwater Rights, Antonio Rossmann, Michael J. Steel
Forging The New Water Law: Public Regulation Of Proprietary Groundwater Rights, Antonio Rossmann, Michael J. Steel
UC Law Journal
Until recently, Anglo-American law has neither identified nor protected public values in the management of water resources, but has restricted its application to the resolution of disputes between "proprietary" water right holders. This Article describes and evaluates the legal and policy bases of Inyo County's recently adopted program of local groundwater planning and management. After examining the evolution of proprietary groundwater law, the Article describes the contemporary Owens Valley dispute and the alternative of state-supervised groundwater regulation. The Article concludes that local control is both prudent and proper.
Racial Bias And The Right To An Impartial Jury: A Standard For Allowing Voir Dire Inquiry, Nancy Lewis Alvarez
Racial Bias And The Right To An Impartial Jury: A Standard For Allowing Voir Dire Inquiry, Nancy Lewis Alvarez
UC Law Journal
The criminal defendant's right to inquire into the possible racial and ethnic prejudices of prospective jurors during voir dire examination has been restricted by the Supreme Court. This Comment traces the development of the Court's reasoning with regard to this right through the analyses of four seminal Supreme Court cases. The focus of this Comment is on the most recent pronouncement of the Supreme Court in this area, Rosales-Lopez v. United States. After discussing the implications of the Court's opinion in Rosales- Lopez, the Comment concludes that a constitutional standard protecting the right of all criminal defendants to direct questions …
Radical Reform: Same Song, Second Verse, John P. Frank
Radical Reform: Same Song, Second Verse, John P. Frank
UC Law Journal
This Commentary examines several proposals designed to promote efficiency in judicial administration.
An Essay On Ending The Exclusionary Rule, Gary S. Goodpaster
An Essay On Ending The Exclusionary Rule, Gary S. Goodpaster
UC Law Journal
The exclusionary rule encompasses a complex system of rules and procedures that serves several constitutional functions. This Article explores these functions and reviews the major criticisms of the rule. The Article then evaluates two proposed alternatives to the rule: a good faith exception and administrative agency regulation of police conduct. The Article concludes that only administrative agency regulation could respond effectively to the criticisms of the rules and yet satisfy its many functions, but that practical difficulties make the adoption of this alternative very unlikely.
Reforming The Exclusionary Rule: An Analysis Of Two Proposed Amendments To The California Constitution, John K. Van De Kamp, Richard W. Gerry
Reforming The Exclusionary Rule: An Analysis Of Two Proposed Amendments To The California Constitution, John K. Van De Kamp, Richard W. Gerry
UC Law Journal
Evidence admissible in federal courts frequently is excluded under the California exclusionary rule, largely because of the state supreme court's willingness to invoke nonstatutory independent state grounds to exclude relevant evidence. In an attempt to reform the California rule, two measures were introduced during the 1981-82 regular session of the California legislature- Senate Constitutional Amendment 7 and Assembly Constitutional Amendment 31. After analyzing these two suggested amendments, this Article recommends the adoption of the Senate proposal, which would prevent California courts from excluding evidence in criminal proceedings and certain juvenile proceedings on nonstatutory independent state grounds.
Response To Paul N. Halvonik, John K. Van De Kamp, Richard W. Gerry
Response To Paul N. Halvonik, John K. Van De Kamp, Richard W. Gerry
UC Law Journal
No abstract provided.
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
UC Law Journal
An essential element of a conspiracy is a plurality of actors. When all alleged conspirators are agents of a single corporation, determining whether a plurality of actors is present poses several problems. This Article examines the plurality requirement of criminal conspiracy in the corporate setting. The Article concludes by proposing an analysis for the definition of corporate criminal conspiracy based on the substantive goals of criminal conspiracy law.
Edwards V. National Audubon Society, Inc: A Constitutional Privilege To Republish Defamation Should Be Rejected, Dennis J. Dobbels
Edwards V. National Audubon Society, Inc: A Constitutional Privilege To Republish Defamation Should Be Rejected, Dennis J. Dobbels
UC Law Journal
At common law, republication of a known falsehood is privileged as a fair report only when the calumny reported was made at an official proceeding or public meeting. In Edwards v. National Audubon Society, Inc., however, the Second Circuit recognized a first amendment privilege to republish newsworthy defamatory falsehoods regardless of the second publisher's subjective awareness of the statement's falsity. This Comment briefly examines the common law privilege of fair report, then analyzes the first amendment theory enunciated by the Supreme Court. The Comment concludes that, because the neutral reportage privilege created by Edwards gives insufficient weight to the state …
An Analysis Of Johns-Manville Products Corp. V. Superior Court: Recovery By An Employee Against An Employer For Fraudulent Conduct, Cynthia K. Thornton
An Analysis Of Johns-Manville Products Corp. V. Superior Court: Recovery By An Employee Against An Employer For Fraudulent Conduct, Cynthia K. Thornton
UC Law Journal
In Johns-Manville Products Corp. v. Superior Court, the California Supreme Court held that workers' compensation is an employee's exclusive remedy for fraud committed by an employer, directed at the employee, which results in physical injury to the employee. After examining the structure and legislative history of California's workers' compensation system, the Comment analyzes the Johns-Manville decision. The Comment then suggests alternative interpretations of the workers' compensation laws and concludes that employer fraud resulting in personal injury to an employee and arising in the course and scope of employment should be compensable both through workers' compensation and through the courts with …
Corporal Punishment In Public Schools: A Violation Of Substantive Due Process, Cynthia Denenholz Sweeney
Corporal Punishment In Public Schools: A Violation Of Substantive Due Process, Cynthia Denenholz Sweeney
UC Law Journal
Although the State has a legitimate, and perhaps compelling, interest in maintaining classroom discipline, classroom order can be maintained by less severe means. This Comment briefly reviews corporal punishment in the schools, early challenges to its use, and the applicability of the doctrine of substantive due process. Concluding that the student's interest in freedom from excessive corporal punishment is a basic American value, the Comment suggests that this interest be explicitly recognized as a fundamental right.
Unlawful Treatment Of The Handicapped By Federal Contractors And An Implied Private Cause Of Action: Shall Silence Reign, Harvey R. Boller
Unlawful Treatment Of The Handicapped By Federal Contractors And An Implied Private Cause Of Action: Shall Silence Reign, Harvey R. Boller
UC Law Journal
As part of the congressional mandate to integrate the handicapped into society, section 503 of the Rehabilitation Act of 1973 requires that federal contractors take affirmative action to employ handicapped individuals. Using the analytical framework provided by the Supreme Court in Cori v. Ash, this Article considers whether a private cause of action may properly be implied under that section. After criticizing recent cases that have restricted the implication of private remedies, the Article contends that neither the section's express administrative remedy nor the statute's contemporaneous legislative history should preclude a private right of action. Rather, the subsequent legislative history …
Handicapped Advocacy: Inherent Barriers And Partial Solutions In The Representation Of Disabled Children, David H. Neely
Handicapped Advocacy: Inherent Barriers And Partial Solutions In The Representation Of Disabled Children, David H. Neely
UC Law Journal
Handicapped children have long had difficulty in obtaining effective legal representation. This Article first identifies the factors that have rendered such representation complex and problematic, then enumerates several responsibilities that must be undertaken by an effective advocate in this field. These duties include the duty to consult with the client, his or her caretakers, and outside consultants; the duty to identify and resolve conflicts among clients or between the attorney and his or her clients; and the duty to negotiate actively with adversaries and concerned nonparties. The Article reviews current and proposed A.B.A. Codes of Professional Responsibility and concludes that …
A New Standard For Evaluating Conglomerate Joint Ventures Under Clayton Act Section 7 And A New Formula For The Potential-Competition Doctrine, Avarelle Silver
A New Standard For Evaluating Conglomerate Joint Ventures Under Clayton Act Section 7 And A New Formula For The Potential-Competition Doctrine, Avarelle Silver
UC Law Journal
The legality of a proposed conglomerate joint venture is presently judged under Clayton Act section 7 by the same standard that is applied to assess the legality of a challenged conglomerate merger. The standard, known as the potential-competition doctrine, primarily relies on calculations of firm concentration. This Comment argues that the doctrine inadequately addresses the issues posed by certain conglomerate joint ventures, distinguished by their exceptionally high costs and risks. The Comment proposes a new potential-competition formula distinctly designed for joint ventures. The new formula also takes into account the risk factors involved in the undertaking, the capital requirements, the …
Committee To Defend Reproductive Rights V. Myers: The Constitutionality Of Conditions On Public Benefits In California, Nancy Lynn Walker
Committee To Defend Reproductive Rights V. Myers: The Constitutionality Of Conditions On Public Benefits In California, Nancy Lynn Walker
UC Law Journal
In Committee to Defend Reproductive Rights v. Myers, the California Supreme Court struck down abortion funding restrictions because they conditioned receipt of Medi-Cal benefits on the waiver of a constitutional right. This Comment reviews both federal and California decisions discussing the constitutionality of such conditions placed on public benefit programs. Observing that the federal standards used to determine the validity of restrictions produce inconsistent results, the Comment compares these standards to the California test enunciated in Bagley v. Washington Townsho Hospital District. The Comment concludes that the Bagley test offers a more flexible and responsive analysis and should be applied …
An Analysis Of Haitian Requests For Political Asylum After Haitian Refugee Center V. Civiletti, Margaret J. Wynne
An Analysis Of Haitian Requests For Political Asylum After Haitian Refugee Center V. Civiletti, Margaret J. Wynne
UC Law Journal
To obtain political asylum in the United States, an alien must demonstrate a well-founded fear of persecution resulting from some political action. The requirement of political action has been narrowly defined by the courts to include actions that are considered political in the context of American culture; the alien's culture has been ignored by courts defining political action. This Comment examines the broader definition of political action suggested in dicta in Haitian Refugee Center v. Civiletti and discusses the application of this definition to Haitian refugees.
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
Faculty Scholarship
No abstract provided.
Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen
Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen
Faculty Scholarship
No abstract provided.