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Articles 7111 - 7140 of 8892
Full-Text Articles in Law
Chief Judge J. Skelly Wright, William J. Brennan Jr.
Chief Judge J. Skelly Wright, William J. Brennan Jr.
UC Law Constitutional Quarterly
No abstract provided.
Which Equal Protection Standard For Medical Malpractice Legislation, Gail Harper
Which Equal Protection Standard For Medical Malpractice Legislation, Gail Harper
UC Law Constitutional Quarterly
No abstract provided.
Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob
Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob
UC Law SF International Law Review
Public awareness concerning environmental matters has led to increased governmental interest and involvement. This article examines the forms and mechanisms of enforcement used by the various authorities in the United States and several Western European jurisdictions. The author concludes that stricter, more even enforcement is necessary if such laws are to be successful in improving the environment.
Dworkin's Theory Of Constitutional Law, Robert P. Churchill
Dworkin's Theory Of Constitutional Law, Robert P. Churchill
UC Law Constitutional Quarterly
No abstract provided.
A Balanced Approach To Employer-Employee Trade Secrets Disputes In California, Diane Louise Wear
A Balanced Approach To Employer-Employee Trade Secrets Disputes In California, Diane Louise Wear
UC Law Journal
The California courts frequently have determined the rights of parties to trade secrets disclosed by an employer to an employee. Nonetheless, despite this extensive litigation, the courts have not developed a cohesive body of case law, applying instead different proof requirements in customer list trade secrets cases than in other types of trade secrets cases. This Note analyzes these differing requirements, focusing particularly on list trade secrets to highlight the misinterpretation of the law in that area, and advocates the adoption of a uniform proof requirement applicable in all employer-employee trade secrets litigation which balances the competing interests of the …
Debtors' Name Or Identity Changes: Distributing Benefits And Burdens Under Article 9, Claude Michael Stern
Debtors' Name Or Identity Changes: Distributing Benefits And Burdens Under Article 9, Claude Michael Stern
UC Law Journal
Under Article 9 of the Uniform Commercial Code, the filing of a financing statement is often a prerequisite to a secured creditor obtaining a perfected security interest in a debtor's property. This Note explores the problem associated with the debtor's change of name or identity after the secured creditor has filed the financing statement under the original name or designation of the debtor. After discussing the uncertainty and confusion caused by the decisional law under the 1962 Code, the Note presents subsection 9-402(7) of the 1972 version of Article 9 as a reasonable and timely cure to problems caused by …
Offensive Assertion Of Collateral Estoppel By Persons Opting Out Of A Class Action, Roger Furman
Offensive Assertion Of Collateral Estoppel By Persons Opting Out Of A Class Action, Roger Furman
UC Law Journal
When an individual opts out of a federal class action, that person is shielded from the impact of a judgment adverse to the class. If the class wins, however, that individual might attempt to reap the benefits of a favorable class judgment by asserting collateral estoppel offensively in a later suit against the class opponent. Viewing the policies of collateral estoppel enunciated in Parklane Hosiery, Inc. v. Shore, the author reveals one exceptional situation in which the use of collateral estoppel by the opting out individual would foster these policies of economy and repose.
Statistics And The Law: Hypothesis Testing And Its Application To Title Vii Cases, Louis J. Braun
Statistics And The Law: Hypothesis Testing And Its Application To Title Vii Cases, Louis J. Braun
UC Law Journal
No abstract provided.
Pendent Jurisdiction Over Claims Arising Under Federal Law, William H. Theis
Pendent Jurisdiction Over Claims Arising Under Federal Law, William H. Theis
UC Law Journal
No abstract provided.
The Warrantless Automobile Search: Exception Without Justification, Vivian Deborah Wilson
The Warrantless Automobile Search: Exception Without Justification, Vivian Deborah Wilson
UC Law Journal
No abstract provided.
International Adjudication: Embassy Seizure–United States V. Iran, Joel R. Paul
International Adjudication: Embassy Seizure–United States V. Iran, Joel R. Paul
Faculty Scholarship
No abstract provided.
Reflections On Convenience Translations: A Reply To Professor Brooks, William K.S. Wang
Reflections On Convenience Translations: A Reply To Professor Brooks, William K.S. Wang
Faculty Scholarship
No abstract provided.
The Special Master In School Desegregation Cases: The Evolution Of Roles In The Reformation Of Public Institutions Through Litigation, Geoffrey F. Aronow
The Special Master In School Desegregation Cases: The Evolution Of Roles In The Reformation Of Public Institutions Through Litigation, Geoffrey F. Aronow
UC Law Constitutional Quarterly
No abstract provided.
Judge J. Skelly Wright: Thirty Years--Introduction, Roger K. Newman
Judge J. Skelly Wright: Thirty Years--Introduction, Roger K. Newman
UC Law Constitutional Quarterly
No abstract provided.
In Re Marriage Of Stenquist: Equal Protection For The Disability Pension Recipient In California Community Property Law, Stephen Traverse
In Re Marriage Of Stenquist: Equal Protection For The Disability Pension Recipient In California Community Property Law, Stephen Traverse
UC Law Constitutional Quarterly
No abstract provided.
The California Supreme Court Hearings--A Tragedy That Should And Could Have Been Avoided, James Duke Cameron
The California Supreme Court Hearings--A Tragedy That Should And Could Have Been Avoided, James Duke Cameron
UC Law Constitutional Quarterly
No abstract provided.
Justice Rehnquist: First Amendment Speech In The Labor Context, Robert C. Lind Jr.
Justice Rehnquist: First Amendment Speech In The Labor Context, Robert C. Lind Jr.
UC Law Constitutional Quarterly
No abstract provided.
The Pension Expectation As Constitutional Property, Peter M. Rehon
The Pension Expectation As Constitutional Property, Peter M. Rehon
UC Law Constitutional Quarterly
No abstract provided.
Instituting Collective Bargaining At California's Universities And Colleges: The Outlines Of Heera, Reginald Alleyne
Instituting Collective Bargaining At California's Universities And Colleges: The Outlines Of Heera, Reginald Alleyne
UC Law Journal
The Higher Education Employer-Employee Relations Act (HEERA), which became effective July 1, 1979, empowers California's University and College employees to engage in collective bargaining. In this Article, the author examines the contours of HEERA, relates and contrasts the Act with earlier California public sector collective bargaining legislation and the National Labor Relations Act, and analyzes how basic labor-management relations law might impact on the implementation of HEERA in California.
Punitive Damages: Toward A Principled Approach, Jane Mallor, Barry Roberts
Punitive Damages: Toward A Principled Approach, Jane Mallor, Barry Roberts
UC Law Journal
Examining the policy considerations underlying the award of punitive damages, the authors conclude that, contrary to the views of punitive damage abolitionists, there are circumstances in which punitive damages are appropriate. The authors propose a reform in the procedures used to determine when puntive damages should be imposed and describe guidelines for assessing the amount of damages.
To Bury Mutuality, Not To Praise It: An Analysis Of Collateral Estoppel After Parklane Hosiery Co. V. Shore, Craig R. Callen, David D. Kadue
To Bury Mutuality, Not To Praise It: An Analysis Of Collateral Estoppel After Parklane Hosiery Co. V. Shore, Craig R. Callen, David D. Kadue
UC Law Journal
In Parklane Hosiery Co. v. Shore, the United States Supreme Court ap- -proved the offensive, unilateral use of collateral estoppel and prescribed some general guidelines for the discretionary application of collateral estoppel This Article closely examines the Parkrne case and the theory underlying the doctrine of collateral estoppel to propose not only an interpretation of the standards articulated by the Parklane Court, but also a mode of analysis by which courts can determine whether the offensive unilateral use of collateral estoppel is desirable in a particular case. The authors then apply this analysis to the results in a recent state …
A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson
A Brief History Of Distinctions In Criminal Culpability, Paul H. Robinson
UC Law Journal
The Model Penal Code identifies five levels of culpable states of mind significant to criminal liability. Professor Robinson reviews the evolution and refinement of those distinctions and considers current and future implications of viewing the Model Penal Code scheme as one stage in a continuing development.
Title Vii Of The Civil Service Reform Act Of 1978: A Perfect Order, Justin C. Smith, Craig Paul Wood
Title Vii Of The Civil Service Reform Act Of 1978: A Perfect Order, Justin C. Smith, Craig Paul Wood
UC Law Journal
Title VII of the Civil Service Reform Act of 1978 provides federal employees with significantly greater access to final and binding arbitration than they have ever known. The authors examine this new legislation against the backdrop of eighteen years of development under a series of executive orders, considering, in addition, arbitration procedures, standards of contract interpretation, and modes of review. The authors conclude that while Title VII serves management and labor interests equally well, it is in some respects flawed, and point to steps that may be taken to overcome those shortcomings.
Germ Warfare In The Patent Courts, John W. Behringer
Germ Warfare In The Patent Courts, John W. Behringer
UC Law Journal
Industrial use of microorganisms has grown over the past few decades. In turn, inventors and discoverers of microorganisms have sought patents for their discoveries. Although the United States Patent and Trademark Office views microorganisms as unpatentable living matter, its position was successfully challenged in two cases recently decided by the Court of Customs and Patent Appeals. The first case involves a new bacterial species isolated from soil samples; the second concerns a bacterium created by DNA recombinant technology. This Article discusses and analyzes the issues presented by the two cases, which will be examined by the United States Supreme Court …
The Tax Consequences Of A Punitive Damages Award, Brock D. Phillips
The Tax Consequences Of A Punitive Damages Award, Brock D. Phillips
UC Law Journal
The growth of punitive damages awards has made the tax consequences of such awards increasingly important. This Note considers the legal and philosophical aspects of both the deduction of the award by the payor and the exclusion of the award from gross income by the recipient.
The Continuing Violation Theory Of Title Vii After United Air Lines, Inc. V. Evans, John Carty
The Continuing Violation Theory Of Title Vii After United Air Lines, Inc. V. Evans, John Carty
UC Law Journal
The "continuing violation theory" was created by plaintiffs' lawyers and was accepted by the lower federal courts from 1968-1977. The purpose of the theory is to allow courts in an employment discrimination action under Title VII of the Civil Rights Act of 1964 to maintain jurisdiction over discrimination taking place prior to the short charge-filing-period. The United States Supreme Court first addressed the validity of the theory in United Air Lines, Inc. v. Evans, decided May 31, 1977. This Note analyzes and clarifies the continuing violation theory, analyzes Evans, and determines the present viability of the theory in light of …
Policy Considerations In The Taxation Of B Reorganizations, John P. Steines
Policy Considerations In The Taxation Of B Reorganizations, John P. Steines
UC Law Journal
A stock-for-stock reorganization which qualifies under IRC section 368(a)(1)(B) accords tax-free treatment to all parties involved. The author examines two recent and related cases, Reeves v. Commissioner and Pierson v. United States, which provide the framework for analysis of the issues and policy considerations underlying the tax treatment of B reorganizations. The author considers the factors which determine the availability of B reorganization status, including the meaning of "solely for stock" and "plan of reorganization," the effect of creeping acquisitions, and the role of the step transaction doctrine.
Beyond Preemption: Accommodation Of The Nonemployee Spouse's Interest Under Erisa, Deene Goodlaw Solomon
Beyond Preemption: Accommodation Of The Nonemployee Spouse's Interest Under Erisa, Deene Goodlaw Solomon
UC Law Journal
State marital property laws often entitle a nonemployee spouse to share in employee retirement benefits earned during marriage. Under ERISA-regulated retirement plans, accommodation of that marital property interest in conformity with ERISA's regulatory goals is a complex and challenging task. After a brief overview of ERISA, the author suggests an accommodation scheme based upon the varying levels of benefit maturity which exist under employee retirement benefit plans. The author concludes with a discussion of the significant tax consequences, both for the spouses and the plan, attending division of marital property retirement benefits between the spouses.
Implementation Of An Industrial Siting Plan, William G. Murray Jr., Carl J. Seneker Ii
Implementation Of An Industrial Siting Plan, William G. Murray Jr., Carl J. Seneker Ii
UC Law Journal
The authors re-examine the problems of major-facility industrial siting with respect to environmental concerns and administrative delays and modify their proposal for a one-step siting agency originally discussed at 30 Hastings Law Journal 301 (1978).
The State Of The Negotiations On The Law Of The Sea, Arthur J. Goldberg
The State Of The Negotiations On The Law Of The Sea, Arthur J. Goldberg
UC Law Journal
The author reviews negotiations at The Law of the Sea Conference, offering his views as to the source of delays in arriving at a final treaty. The Article criticizes United State's legislative action which may impede compromise on the ownership of seabed minerals and concludes by urging a speedy resolution to this difficult political question.