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Articles 7021 - 7050 of 8893
Full-Text Articles in Law
Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry
Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry
UC Law Journal
No abstract provided.
The Three Legged Stool: Women And Retirement (In)Security, Frances Leonard
The Three Legged Stool: Women And Retirement (In)Security, Frances Leonard
UC Law Journal
No abstract provided.
The Strengths And Weaknesses Of The Mcdonnell Douglas Formula In Jury Actions Under The Adea, Mark I. Schickman
The Strengths And Weaknesses Of The Mcdonnell Douglas Formula In Jury Actions Under The Adea, Mark I. Schickman
UC Law Journal
No abstract provided.
Age Discrimination In Employment And The Permissibility Of Occupation Age Restrictions, Marc Rosenblum
Age Discrimination In Employment And The Permissibility Of Occupation Age Restrictions, Marc Rosenblum
UC Law Journal
No abstract provided.
The Right Of The Older Worker To Accrue Pension Benefits: Problems Of Federal Law Exceptions And State Law Preemption, Benjamin W. Gale
The Right Of The Older Worker To Accrue Pension Benefits: Problems Of Federal Law Exceptions And State Law Preemption, Benjamin W. Gale
UC Law Journal
No abstract provided.
The Class Action Suit Under The Age Discrimination In Employment Act: Current Status, Controversies, And Suggested Clarifications, James D. Lipschultz
The Class Action Suit Under The Age Discrimination In Employment Act: Current Status, Controversies, And Suggested Clarifications, James D. Lipschultz
UC Law Journal
No abstract provided.
The Deviating Ship, Steven F. Friedell
Worthlessness, Debt-Equity, And Related Problems, William Natbony
Worthlessness, Debt-Equity, And Related Problems, William Natbony
UC Law Journal
No abstract provided.
Preventing The Manipulation Of Commodity Futures Markets: To Deliver Or Not To Deliver, M. Van Smith
Preventing The Manipulation Of Commodity Futures Markets: To Deliver Or Not To Deliver, M. Van Smith
UC Law Journal
No abstract provided.
Reflections On Conflict-Of-Laws Methodology: A Dialogue, Uc Hastings College Of The Law
Reflections On Conflict-Of-Laws Methodology: A Dialogue, Uc Hastings College Of The Law
UC Law Journal
No abstract provided.
Reflections On Conflict-Of-Laws Methodology, Donald T. Trautman
Reflections On Conflict-Of-Laws Methodology, Donald T. Trautman
UC Law Journal
No abstract provided.
Reflections On Conflict-Of-Laws Methodology, Peter Hay
Reflections On Conflict-Of-Laws Methodology, Peter Hay
UC Law Journal
No abstract provided.
Concluding Remarks, Robert A. Sedler
Concluding Remarks, Peter Hay
Single-Family Zoning: Ramifications Of State Court Rejection Of Belle Terre On Use And Density Control, Linda M. Grady
Single-Family Zoning: Ramifications Of State Court Rejection Of Belle Terre On Use And Density Control, Linda M. Grady
UC Law Journal
No abstract provided.
Open Secrets: Protecting The Identity Of The Cia's Intelligence Gatherers In A First Amendment Society, Meri West Maffet
Open Secrets: Protecting The Identity Of The Cia's Intelligence Gatherers In A First Amendment Society, Meri West Maffet
UC Law Journal
No abstract provided.
The Constitutionality Of Business Regulation In The Burger Court: Revival And Restraint, Scott M. Reznick
The Constitutionality Of Business Regulation In The Burger Court: Revival And Restraint, Scott M. Reznick
UC Law Journal
Historically, the Supreme Court has followed one or another extreme view of the constitutionality of business regulation. This Article categorizes and reviews the Burger Court's significant business regulation decisions according to an analysis of the market economy functions served by the regulation in question. The Article demonstrates that the Burger Court, unlike its predecessors, has employed several standards of review. The Article concludes that the Burger Court has developed a manageable and relatively consistent analytical methodology, rooted in prevailing political economic values, to establish its view of the constitutional relationship between private property and the public welfare.
Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso
Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso
UC Law Journal
In Arizona ;. Manypenny, the United States Supreme Court held that the federal appeals statute, 28 United States Code section 1291, permits appeals by a state prosecutor in federal court if such appeals are authorized by state law. This Article examines the need for an integrated theory of statutory interpretation to resolve the issue of whether states and territories have a right to appeal in federal court. The Article then addresses the broader issue raised by Manypenny: when should the plain meaning rule be applied and a statutes plain meaning adopted? The Article concludes by offering a comprehensive scheme of …
Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr.
Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr.
UC Law Journal
The Federal Aviation Administration's Age 60 Rule compels passenger airline pilots to retire at the age of sixty regardless of health or ability to continue flying. This Comment explores various aspects of the application of the Rule to pilots who fly commercial aircraft. The Comment first reviews the history of the Rule. The Comment then examines legal challenges to the Rule and legislative attempts to modify it. Finally, the Comment concludes that the Rule should be revoked in light of advances in medical and aeronautical technology.
Johns-Manville Products Corp. V. Superior Court: The Not-So-Exclusive Remedy Rule, Karl Olson
Johns-Manville Products Corp. V. Superior Court: The Not-So-Exclusive Remedy Rule, Karl Olson
UC Law Journal
Should a worker who is the victim of an intentional tort be able to sue his or her employer? In Johns-Manville Products Corp. v. Superior Court, the California Supreme Court held that, although workers' compensation is the exclusive remedy for initial injuries suffered by an asbestos worker whose employer allegedly concealed the dangers of his job, the employee could sue for aggravation of his injuries caused by the alleged fraudulent concealment of the disease and its cause. This Comment examines the exclusivity of the workers' compensation remedy in California. The Comment concludes that the Johns-Manville court should have allowed employees …
Molien V. Kaiser Foundation Hospitals: California Expands Liability For Negligently Inflicted Emotional Distress, Darryl Wane Tang
Molien V. Kaiser Foundation Hospitals: California Expands Liability For Negligently Inflicted Emotional Distress, Darryl Wane Tang
UC Law Journal
In Molien v. Kaiser Foundation Hospitals, the California Supreme Court held that a plaintiff could recover for negligently inflicted emotional distress despite an absence of physical injury. This Comment first reviews the historical development of the law of negligent infliction of emotional distress. The Comment then examines the decision in Molien, its scope, and its effect upon California law. After discussing each of the elements of the Molien rule, the Comment attempts to isolate the circumstances in which the rule will permit recovery.
Revocation Of A Revoking Codicil: The Renaissance Of Revival In California, Gail Boreman Bird
Revocation Of A Revoking Codicil: The Renaissance Of Revival In California, Gail Boreman Bird
UC Law Journal
Whether revocation of a later will revives an earlier will is a question that has perplexed courts and legislatures for centuries. This Article examines the law governing revocation and revival of wills. The Article first analyzes the development of these doctrines in California and notes that several inconsistencies have been judicially grafted onto the California statutes. To remove these inconsistencies, the Article recommends that the California statute be replaced by the rule proposed in the Uniform Probate Code.
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
Congressional Discretion Under The Property Clause, Eugene R. Gaetke
UC Law Journal
The Supreme Court has described Congress' power under the property clause of the Constitution as "without limitations." The implications of a congressional power that is limitless are troubling, particularly when Congress invokes the clause to regulate conduct on nonfederal land. This Article challenges the Court's statement that the property clause is limitless and suggests a balancing approach for determining the proper scope of congressional power under the property clause.
Impelled Perpetration Restated, Rollin M. Perkins
Impelled Perpetration Restated, Rollin M. Perkins
UC Law Journal
The doctrines of impelled perpetration-inexcusable choice, duress, necessity, and choice of evils-concern the excuse of acts committed under compulsion. This Article examines each of the doctrines of impelled perpetration and concludes that this field of law comprises situations so variable that specific rules and exceptions are of little use. Finally, the Article recommends the use of a reasonable person standard to excuse acts precipitated by a broader range of coercive conduct.
The Effect Of Geothermal Classification On The Use And Development Of Water: Conflicts Between State And Federal Laws, William C. Dresser
The Effect Of Geothermal Classification On The Use And Development Of Water: Conflicts Between State And Federal Laws, William C. Dresser
UC Law Journal
The classification of byproduct water is a significant legal problem presented by the development of geothermal power as an energy source. This Comment examines these classifications and discusses the conflicts in the ownership and use of geothermal byproduct water that arise from these classifications. To further the development of geothermal power and to protect the needs of the states, the Comment proposes that state law, rather than federal, govern the use and ownership of geothermal byproduct water.
Revocation Of A Revoking Codicil: The Renaissance Of Revival In California, Gail Boreman Bird
Revocation Of A Revoking Codicil: The Renaissance Of Revival In California, Gail Boreman Bird
Faculty Scholarship
No abstract provided.
Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird
Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird
Faculty Scholarship
No abstract provided.
Introduction (Symposium: Constitutional Issues In Land Use Regulation), Richard B. Cunningham
Introduction (Symposium: Constitutional Issues In Land Use Regulation), Richard B. Cunningham
Faculty Scholarship
No abstract provided.
Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Frank Houdek, James L. Gunderson
Theatrical Motion Pictures And The Law: A Comprehensive Bibliography Of Law-Related Materials, Frank Houdek, James L. Gunderson
UC Law SF Communications and Entertainment Journal
No abstract provided.
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
A Comparative Study Of Victim Compensation Procedures In France And The United States: A Modest Proposal, Patrick Campbell
UC Law SF International Law Review
This article examines victim compensation laws and compares the civil law approach, as exemplified by the French action civile, to the common law approach, as exemplified by the California statutory scheme. The author proposes a hybrid system as the best method of solving problems sought to be addressed by victim compensation laws.