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Articles 7141 - 7170 of 8892

Full-Text Articles in Law

Attorney Discipline For Offensive Personality In California, Robert C. Black Jan 1980

Attorney Discipline For Offensive Personality In California, Robert C. Black

UC Law Journal

This Article examines California Business and Professions Code section 6068(f), which somewhat archaically provides that an attorney shall "abstain from all offensive personality .... ", and finds that this rather obscure statute has potentially profound ramifications for all attorneys practicing in the state. The author extrapolates a functional definition of the term "offensive personality" and constructs a number of hypothetical situations illustrating that conduct prohibited by the offensive personality statute is potentially broader than past application indicates. Finally, the Article undertakes an analysis of the free speech and due process implications of section 6068(f), concluding that the statute would be …

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Royal Globe Insurance Co. V. Superior Court: Right To Direct Suit Against An Insurer By A Third Party Claimant, Joan Marion Price Jan 1980

Royal Globe Insurance Co. V. Superior Court: Right To Direct Suit Against An Insurer By A Third Party Claimant, Joan Marion Price

UC Law Journal

In 1979, in Royal Globe Insurance Co. v. Superior Court, the California Supreme Court, relying on provisions of the Unfair Practices Act in the California Insurance Code, approved the institution of a direct action by third party claimants injured by insurers' unfair claims settlement practices. This Note assesses the validity of the Royal Globe decision by examining judicially declared bad-faith tort doctrine and tracing the history and purposes of the Unfair Practices Act. The Note concludes that the ruling in Royal Globe does not comport with the literal meaning or intent behind the Unfair Practices Act. Finally, the Note discusses …

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At The Whim Of The Sovereign: Aboriginal Title Reconsidered, Nell Jessup Newton Jan 1980

At The Whim Of The Sovereign: Aboriginal Title Reconsidered, Nell Jessup Newton

UC Law Journal

Under the rule of Tee-Hit-Ton IndAms v. United States, announced by the United States Supreme Court in 1955, aboriginal title of Native Americans to their aboriginal land is not a property right whose confiscation requires compensation under the fifth amendment taking clause. The purpose of this Article is to critically analyze the Tee-Hit-Ton case, which has stood for nearly twenty-five years without serious scrutiny. The author first explores and critiques the legal foundations for the decision. After this criticism, the author enumerates and discusses the inherent dangers of the decision to Native American rights. By addressing the substantive fallacies of …

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The Indian Child Welfare Act Of 1978: A Critical Analysis, Russel Lawrence Barsh Jan 1980

The Indian Child Welfare Act Of 1978: A Critical Analysis, Russel Lawrence Barsh

UC Law Journal

In response to an increasing frequency of often unwarranted removals of Indian children from their homes, resulting in a continuing breakup of Indian families, Congress enacted the Indian Child Welfare Act of 1978. The Act was intended to diminish the problem by, among other things, modifying child removal procedures and by providing for greater tribal involvement m the proceedings and placements. This Article analyzes the effectiveness of the Act in achieving the intended goals. After summarizing the significant provisions, the author concludes that because of ambiguous language and confusing provisions, the Act creates more problems than it solves, with the …

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Rediscovering The Rooker Doctrine: Section 1983, Res Judicata And The Federal Courts, Williamson B. C. Chang Jan 1980

Rediscovering The Rooker Doctrine: Section 1983, Res Judicata And The Federal Courts, Williamson B. C. Chang

UC Law Journal

During the past decade, the Supreme Court has placed limits on access to the federal courts. Its effort, in part, has been mandated by the competing concerns of federal and state sovereignty. In this Article, the author discusses the Supreme Court's efforts in this area and argues for application of the jurisdictional principle expressed in Rooker . Fidelity Trust. The Rooker doctrine, based on the statutes governing federal jurisdiction, states that the lower federal courts have no appellate jurisdiction over state courts. Operating whenever the res judicata rules of a state would bar a second action, Rooker should be the …

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Benign Sex Discrimination: Its Troubles And Their Cure, Leo Kanowitz Jan 1980

Benign Sex Discrimination: Its Troubles And Their Cure, Leo Kanowitz

UC Law Journal

In recent cases, the United States Supreme Court has increasingly limited the circumstances under which it would approve, as benign sex discrimination, laws that purport to favor one sex over the other as a means of redressing the present effects of past sex discrimination. Yet the Court has not entirely rejected the benign discrimination doctrine which, in its modem form, was first announced in Kahn v. Shewn. Professor Kanowitz urges the total repudiation of the doctrine for two reasons: 1) it ignores the history of pervasive de jure sex discrimination against men; and 2) laws that purport to grant women …

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Encouraging Solar Energy Development Through Federal And California Tax Incentives, John H. Minan, William H. Lawrence Jan 1980

Encouraging Solar Energy Development Through Federal And California Tax Incentives, John H. Minan, William H. Lawrence

UC Law Journal

No abstract provided.

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Alienage And Public Employment: The Need For An Intermediate Standard In Equal Protection, Steven J. Casad Jan 1980

Alienage And Public Employment: The Need For An Intermediate Standard In Equal Protection, Steven J. Casad

UC Law Journal

No abstract provided.

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Narrowing California's Vicarious Standing Policy: Fourth Amendment Rights Of Criminal Defendants And Their Victims, Teresa Diane Chuh Jan 1980

Narrowing California's Vicarious Standing Policy: Fourth Amendment Rights Of Criminal Defendants And Their Victims, Teresa Diane Chuh

UC Law Journal

No abstract provided.

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Prevention Of Unfair Business Practices In California: A Proposal For Effective Regulation, Rod Divelbiss Jan 1980

Prevention Of Unfair Business Practices In California: A Proposal For Effective Regulation, Rod Divelbiss

UC Law Journal

No abstract provided.

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Alien Land Laws: Constitutional Limitations On State Power To Regulate, James Alan Huizinga Jan 1980

Alien Land Laws: Constitutional Limitations On State Power To Regulate, James Alan Huizinga

UC Law Journal

No abstract provided.

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California Penal Code Section 647(E): A Constitutional Analysis Of The Law Of Vagrancy, Lois M. Keenan Jan 1980

California Penal Code Section 647(E): A Constitutional Analysis Of The Law Of Vagrancy, Lois M. Keenan

UC Law Journal

No abstract provided.

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Parker V. Randolph: The Right Of Confrontation And The Interlocking Confessions Doctrine, Harvey John Lung Jan 1980

Parker V. Randolph: The Right Of Confrontation And The Interlocking Confessions Doctrine, Harvey John Lung

UC Law Journal

No abstract provided.

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Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan Jan 1980

Innovation In The Law Of Warranty: The Burden Of Reform, Timothy J. Sullivan

UC Law Journal

No abstract provided.

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Rule 10b-5 In The Balance: An Analysis Of The Supreme Court's Policy Perspective, Roy L. Brooks Jan 1980

Rule 10b-5 In The Balance: An Analysis Of The Supreme Court's Policy Perspective, Roy L. Brooks

UC Law Journal

No abstract provided.

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Director Good Faith Marches On: A California Analysis Of Director Termination Of Shareholder Derivative Suits Under Burks V. Lasker, Richard Victor Zolezzi Jan 1980

Director Good Faith Marches On: A California Analysis Of Director Termination Of Shareholder Derivative Suits Under Burks V. Lasker, Richard Victor Zolezzi

UC Law Journal

No abstract provided.

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Placing Pro Bono Publico In The National Legal Services Strategy, Mark N. Aaronson, Charles F. Palmer Jan 1980

Placing Pro Bono Publico In The National Legal Services Strategy, Mark N. Aaronson, Charles F. Palmer

Faculty Scholarship

No abstract provided.

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The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman Jan 1979

The Chips Are Down: Legal Implications Of Alleged Japanese Unfair Practices In The United States Semiconductor Industry, Nancy L. Siegel, Noah Sherman

UC Law SF International Law Review

The authors discuss alleged Japanese trade secret violations in the semiconductor industry and various protective mechanisms available to United States industry on domestic and international levels. They propose a possible remedy, for the violations alleged, within a general framework of protections against unfair trade practices.

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Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui Jan 1979

Index Of Selected Bilateral Treaties: United States And Japan, Jacqueline Jauregui

UC Law SF International Law Review

This note contains, for the practitioner's use, an index of most bilateral treaties between the United States and Japan. This index is intended to aid attorneys in the complex area of treaty law between the United States and Japan.

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Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley Jan 1979

Computer Technology Trade Secrets: Protection In An International Setting, Victor Rowley

UC Law SF International Law Review

If a Japanese computer manufacturer induces a California competitor's former employee to disclose trade secrets in violation of a postemployment agreement, then a California corporation has substantive and jurisdictional grounds on which to build a case not only against the ex-employee but also against the Japanese manufacturer. Particularly involved on the issue of jurisdiction over the alien defendant is a 1977 New Hampshire District Court case that parallels this situation, Centronics Data Computer Corporation v. Mannesmann.

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The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock Jan 1979

The Effect In Choice Of Law Cases Of The Acquisition Of A New Domicile After The Commission Of A Tort Or The Making Of A Contract, Moffatt Hancock

UC Law SF International Law Review

A.post-transaction change of domicile by one of the parties to a law suit raises important questions which the court must answer in determining what law to apply to the transaction. The author examines and analyzes policy considerations in two types of cases: those in which the application of the law of the new domicile would favor the changing party and those in which it would work to his or her disadvantage.

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The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau Jan 1979

The French Exequatur Proceeding: The Exorbitant Jurisdictional Rules Of Articles 14 And 15 (Code Civil) As Obstacles To The Enforcement Of Foreign Judgments In France, Thomas E. Carbonneau

UC Law SF International Law Review

In this article, the author examines the jurisdictional problems encountered by a party attempting to enforce a foreign judgment in France against a French national or domiciliary. The author's application of the French law to a hypothetical case demonstrates that as a general rule, foreign judgments rendered against French nationals or domiciliaries by non-Common Market jurisdictions will not be enforceable in France.

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Questionable Payments By Foreign Subsidiaries: The Extraterritorial Jurisdictional Effect Of The Foreign Corrupt Practices Act Of 1977, Hubert Lenczowski Jan 1979

Questionable Payments By Foreign Subsidiaries: The Extraterritorial Jurisdictional Effect Of The Foreign Corrupt Practices Act Of 1977, Hubert Lenczowski

UC Law SF International Law Review

In an attempt to halt bribery of foreign officials by American businesses, the Foreign Corrupt Practices Act of 1977 imposes liability on United States corporations, but not on their foreign subsidiaries. This Note analyzes how the Act is given extraterritorial effect, and compares this effect with international applications of the United States antitrust laws. In conclusion the author explains that the Act's unprecedented effect.

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Sunlight In The County Jail: Houchins V. Kqed, Inc. And Constitutional Protection For Newsgathering, Roberta L. Cairney Jan 1979

Sunlight In The County Jail: Houchins V. Kqed, Inc. And Constitutional Protection For Newsgathering, Roberta L. Cairney

UC Law Constitutional Quarterly

No abstract provided.

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Federal Pre-Emption And The Right Of Undocumented Alien Children To A Public Education: A Partial Reply, Robert S. Catz, Howard B. Lenard Jan 1979

Federal Pre-Emption And The Right Of Undocumented Alien Children To A Public Education: A Partial Reply, Robert S. Catz, Howard B. Lenard

UC Law Constitutional Quarterly

No abstract provided.

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Contracts Under Grants-In-Aid--An Aspect Of United States Federal-State-Local Relations, John Whelan, John M. Smith Jan 1979

Contracts Under Grants-In-Aid--An Aspect Of United States Federal-State-Local Relations, John Whelan, John M. Smith

UC Law Constitutional Quarterly

No abstract provided.

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Equal Protection In Special Admissions Programs: Forward From Bakke, Julius Stone Jan 1979

Equal Protection In Special Admissions Programs: Forward From Bakke, Julius Stone

UC Law Constitutional Quarterly

No abstract provided.

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Methods For The Analysis Of Jury Panel Selections: Testing For Discrimination In A Series Of Panels, Peter W. Sperlich, Martin L. Jaspovice Jan 1979

Methods For The Analysis Of Jury Panel Selections: Testing For Discrimination In A Series Of Panels, Peter W. Sperlich, Martin L. Jaspovice

UC Law Constitutional Quarterly

No abstract provided.

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The Search For Media Ethics, Bernard Rubin Jan 1979

The Search For Media Ethics, Bernard Rubin

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Sports And The Law: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek Jan 1979

Sports And The Law: A Comprehensive Bibliography Of Law-Related Materials, Frank G. Houdek

UC Law SF Communications and Entertainment Journal

No abstract provided.

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