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Articles 7201 - 7230 of 8892
Full-Text Articles in Law
The Concept Of Extra-Constitutional Executive Power In Domestic Affairs, George Winterton
The Concept Of Extra-Constitutional Executive Power In Domestic Affairs, George Winterton
UC Law Constitutional Quarterly
No abstract provided.
The New Spanish Constitution, Comments And Full Text, George E. Glos
The New Spanish Constitution, Comments And Full Text, George E. Glos
UC Law Constitutional Quarterly
No abstract provided.
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
Foreign Investment In Paraguay: An Analysis Of Incentives Under Law No. 550, Michael D. Schley
UC Law SF International Law Review
No abstract provided.
Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham
Japanese Postwar Attitudes Towards International Trade And Investment, Hobart Mck Birmingham
UC Law SF International Law Review
In 1977 the United States' bilateral trade deficit with Japan was over 8 billion dollars, roughly forty percent of the United States' overall trade deficit for that year. In this introductory article, the author examines the nationalistic orientation of the business government alliance established during the Meiji Era, the government validation process and the five steps of the post-war capital liberalization program. The article concludes with a brief analysis of prospects for the future.
Marketing And Antitrust In Japan, John O. Haley
Marketing And Antitrust In Japan, John O. Haley
UC Law SF International Law Review
In a recent series of cases the Japanese Fair Trade Commission has adopted a strict illegality approach and held one of the more typical manufacturer-imposed market channelling arrangements to constitute an unfair business practice in violation of article 19 of the Japanese Antimonopoly and Fair Trade Law. This article assesses these cases and their implications in the context of Japanese antitrust regulation of marketing.
Comment: Out Of The Closet, Out Of A Job: Due Process In Teacher Disqualification, Jeanne La Borde Scholz
Comment: Out Of The Closet, Out Of A Job: Due Process In Teacher Disqualification, Jeanne La Borde Scholz
UC Law Constitutional Quarterly
No abstract provided.
Resurrection Of The Right-Privilege Distinction--A Critical Look At Maher V. Roe And Bordenkircher V. Hayes, The, Richard L. Rubin
Resurrection Of The Right-Privilege Distinction--A Critical Look At Maher V. Roe And Bordenkircher V. Hayes, The, Richard L. Rubin
UC Law Constitutional Quarterly
No abstract provided.
Due Process Considerations In Hospital Staff Privileges Cases, Barbara Cray
Due Process Considerations In Hospital Staff Privileges Cases, Barbara Cray
UC Law Constitutional Quarterly
No abstract provided.
City Of Chicago V. Wilson And Constitutional Protection For Personal Appearance: Cross-Dressing As An Element Of Sexual Identity, Laura Richards Craft, Matthew A. Hodel
City Of Chicago V. Wilson And Constitutional Protection For Personal Appearance: Cross-Dressing As An Element Of Sexual Identity, Laura Richards Craft, Matthew A. Hodel
UC Law Journal
This recent Illinois Supreme Court case most clearly impacts on transsexuals who cross-dress, but its treatment of appearance rights in general has serious implications for a broad cross-section of society. The authors place the case in the historical context of prior appearance litigation and examine its implications for similar litigation in the future. Special attention is paid to the way in which restrictions on personal appearance can operate to oppress minorities of all types.
Punitive Damages And The Intoxicated Driver: An Approach To Taylor V. Superior Court, Santiago Fernandez
Punitive Damages And The Intoxicated Driver: An Approach To Taylor V. Superior Court, Santiago Fernandez
UC Law Journal
This Note examines the applicability of punitive damages to California cases involving intoxicated drivers. Particular attention is paid to the concept of malice as required for the allowance of punitive awards under California Civil Code section 3294, and the adoption of an alternative standard for defining malice under the statute is suggested. The Note concludes that as a matter of public policy, and as a means of deterring intoxicated drivers, punitive damages should be allowed when the facts of a case demonstrate a conscious disregard on the part of the defendant for the safety of others.
Disqualification Of Corporate Counsel In Derivative Actions: Jacuzzi And The Inadequacy Of Dual Representation, S. Kendall Patton
Disqualification Of Corporate Counsel In Derivative Actions: Jacuzzi And The Inadequacy Of Dual Representation, S. Kendall Patton
UC Law Journal
The author examines the trend in federal courts and in other state jurisdictions disallowing dual representation in shareholder derivative suits. The Note discusses practical and ethical problems involved where the same attorney represents potentially conflicting interests and urges that the California Court of Appeal decision in Jacuzzi v. Jacuzzi Brothers be overruled insofar as it permits the same attorney to represent both the corporation and director and officer defendants in derivative litigation prior to an adjudication that an actual conflict exists.
Assessment Of Civil Monetary Penalties For Water Pollution: A Proposal For Shifting The Burden Of Proof Regarding Damages, Diane Price Taylor
Assessment Of Civil Monetary Penalties For Water Pollution: A Proposal For Shifting The Burden Of Proof Regarding Damages, Diane Price Taylor
UC Law Journal
The increasing use of civil monetary penalties as an enforcement device in environmental legislation has presented the problem of assessing the appropriate amount to be imposed in individual cases. Under many penalty statutes, this task is delegated to the courts with no assessment guidance provided for other than a maximum penalty figure. The author examines the evidentiary burden of proof problems raised by such statutes in the water quality control area, with a focus on California Water Code section 13385, the state counterpart to the federal Clean Water Act civil penalty provision, 33 U.S.C. § 1319(d).
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
Compulsory Licensing Of Musical Compositions For Phonorecords Under The Copyright Act Of 1976, Paul S. Rosenlund
UC Law Journal
Compulsory licensing is a system by which the copyright owners of most music are required to license their music to others for recording purposes. Under present and prior law, the royalty rate to be paid under compulsory licenses is specified by statute. Although the parties to a license are free to negotiate both the terms and royalty rates of the license, the terms are in fact dictated by the recording industry and the statutory royalty rate is never exceeded. The author analyzes the events that have created this situation and recommends that the statutory royalty rate be greatly increased so …
The Choice Between Adjudicating And Rulemaking For Formulating And Implementing Energy Policy, Richard J. Pierce Jr.
The Choice Between Adjudicating And Rulemaking For Formulating And Implementing Energy Policy, Richard J. Pierce Jr.
UC Law Journal
As the magnitude of the energy problem confronting the United States has increased over the last decade, federal regulatory agencies have assumed a greater role in regulating and supervising the energy industry. This Article addresses the advantages and disadvantages associated with the procedures used by federal agencies in both formulating and implementing energy policies. After examining the various procedures used, the author suggests criteria which legislators, agencies, and reviewing courts should consider in selecting procedures for future formulation and implementation of energy policies.
Partnership Bankruptcy Under The New Act, John W. Hanley Jr.
Partnership Bankruptcy Under The New Act, John W. Hanley Jr.
UC Law Journal
The Bankruptcy Reform Act of 1978 represents the most comprehensive revision of federal bankruptcy law in the last eighty years. This Article examines the likely impact of the Act on the administration of partnership bankruptcy. The author suggests that while the Act's simplification of procedures and terminology will streamline the administration of partnership bankruptcy and eliminate sources of costly dispute, these same reforms raise uncertainties that must be addressed before the partnership bankruptcy process will be entirely sound.
The Extent Of State Ownership Of Submerged Lands In California, William Arnone
The Extent Of State Ownership Of Submerged Lands In California, William Arnone
UC Law Journal
The California Attorney General's office is now contending in litigation that state title to the lands beneath non-tidal navigable waters extends landward to the ordinary high-water mark. This assertion is in direct opposition to previous case law and the terms of California Civil Code section 830. The author examines the new claim in the context of prevailing state and federal law and concludes that state title should be limited to the ordinary low-water mark.
Administrative Enforcement: An Evaluation Of The Securities And Exchange Commission's Use Of Injunctions And Other Enforcement Methods, Thomas L. Hazen
Administrative Enforcement: An Evaluation Of The Securities And Exchange Commission's Use Of Injunctions And Other Enforcement Methods, Thomas L. Hazen
UC Law Journal
The author evaluates the enforcement mechanisms employed by the Securities and Exchange Commission (SEC) in terms of both legal standards applied to SEC actions and the efficiency of current enforcement efforts. The potential for increasing effectiveness of SEC enforcement through expanded investigatory and adjudicatory powers at the administrative level and through decreased emphasis on injunctive relief is discussed. Finally, the author outlines the anticipated effects of recent developments in the field, including the Supreme Court decision in Parklane Hosiery Co. v. Shore and the approval by the American Law Institute of the proposed Federal Securities Code.
Substantive Policies And Procedural Decisions: An Approach To Certifying Rule 23(B)(3) Antitrust Class Actions, Matthew Lloyd Larrabee
Substantive Policies And Procedural Decisions: An Approach To Certifying Rule 23(B)(3) Antitrust Class Actions, Matthew Lloyd Larrabee
UC Law Journal
Certification of Rule 23(b)(3) antitrust class actions has consumed large amounts of legal energy, with confusing and conflicting results. This Note evaluates current judicial treatment of the predominance of common questions and superiority requirements of Rule 23(b)(3). Using cases involving conspiracies in restraint of trade and unlawful tie-in sales to highlight the impact of procedural decisions in this area on substantive antitrust policies, the author urges a flexible approach to certification that reflects these substantive policies. The Note concludes by briefly discussing legislative dissatisfaction with current class proceedings and by calling for the continued evolution of an active trial bench.
For Troubled Youth--Help, Not Jail, Stephen J. Skuris
For Troubled Youth--Help, Not Jail, Stephen J. Skuris
UC Law Journal
The present juvenile court system has proven ineffective in dealing with "status offenders." This Note examines the history and philosophy of the juvenile court system, the problems attendant to the court's jurisdiction over status offenders, and the trend toward elimination of this jurisdiction. The Note sets forth alternative methods of dealing with status offenders--the institution of voluntary social services and advisory arbitration-to supplant responsibility presently placed in the juvenile court system.
A Chicken In Every Pot, And Forty-One Channels For Every Television Set, William K.S. Wang
A Chicken In Every Pot, And Forty-One Channels For Every Television Set, William K.S. Wang
Faculty Scholarship
No abstract provided.
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Letter To Hon. John H. Shenefield, William W. Schwarzer
Letter To Hon. John H. Shenefield, William W. Schwarzer
Faculty Scholarship
No abstract provided.
Government By Judiciary: What Price Legitimacy, Louis Lusky
Government By Judiciary: What Price Legitimacy, Louis Lusky
UC Law Constitutional Quarterly
No abstract provided.
Equal Justice Under Law Or Justice At Any Cost--The Judicial Role Revisited: Reflections On Government By Judiciary: The Transformation Of The Fourteenth Amendment, Henry J. Abraham
UC Law Constitutional Quarterly
No abstract provided.
Justice Potter Stewart On Racial Equality: What It Means To Be A Moderate, Gayle Binion
Justice Potter Stewart On Racial Equality: What It Means To Be A Moderate, Gayle Binion
UC Law Constitutional Quarterly
No abstract provided.
Reflections On The Golden Spike: A Look At The Bankruptcy Reform Act And Railroad Reorganization, David P. Graybeal
Reflections On The Golden Spike: A Look At The Bankruptcy Reform Act And Railroad Reorganization, David P. Graybeal
UC Law Constitutional Quarterly
No abstract provided.
Give Me A Home Where No Salesmen Phone: Telephone Solicitation And The First Amendment, Susan Burnett Luten
Give Me A Home Where No Salesmen Phone: Telephone Solicitation And The First Amendment, Susan Burnett Luten
UC Law Constitutional Quarterly
No abstract provided.
A New Approach To Risk Coverage In The Motion Picture Industry: Short-Term Life Insurance, Heinz J. Pulverman, Alan J. Setlin
A New Approach To Risk Coverage In The Motion Picture Industry: Short-Term Life Insurance, Heinz J. Pulverman, Alan J. Setlin
UC Law SF Communications and Entertainment Journal
No abstract provided.
Preassignments Of Creators' Rights: An Adhesion Analysis, Paul Geller
Preassignments Of Creators' Rights: An Adhesion Analysis, Paul Geller
UC Law SF Communications and Entertainment Journal
No abstract provided.
Journalists And Tape Recorders: Does Participant Monitoring Invade Privacy, Kent R. Middleton
Journalists And Tape Recorders: Does Participant Monitoring Invade Privacy, Kent R. Middleton
UC Law SF Communications and Entertainment Journal
No abstract provided.