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Full-Text Articles in Law

The Treatment Of Sexual Impairment Injuries Under Worker's Compensation Laws, Jack Dittoe Jan 1979

The Treatment Of Sexual Impairment Injuries Under Worker's Compensation Laws, Jack Dittoe

UC Law Journal

Work-related injuries that have the sole effect of permanently impairing employees' ability to engage in sex or beget children rarely cause any loss of earning capacity. Therefore, permanent disability compensation benefits are not awarded. In addition, workers are precluded from maintaining tort suits because the compensation acts provide the exclusive remedy. This Note, with special emphasis on California law, examines the treatment of sexual impairment injuries under workers' compensation laws and analyzes approaches taken by various states. The author discusses possible changes that would ameliorate the harshness of the current scheme and advocates the providing of an additional tort remedy …

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Employment Protection And Gender Dysphoria: Legal Definitions Of Unequal Treatment On The Basis Of Sex And Disability, Stuart A. Wein, Cynthia Lark Remmers Jan 1979

Employment Protection And Gender Dysphoria: Legal Definitions Of Unequal Treatment On The Basis Of Sex And Disability, Stuart A. Wein, Cynthia Lark Remmers

UC Law Journal

Transsexuality, also known as gender dysphoria syndrome, has only recently been recognized as a legitimate medical entity that may be treated by reassignment surgery and psychological therapy. This Article traces the development of this recognition by the medical profession and outlines the social and legal issues still facing transsexuals, focusing on employment discrimination. State and federal decisions based on sex discrimination statutes have proven unsatisfactory to protect transsexuals. The authors contend that sex discrimination statutes should be interpreted to protect transsexuals and suggest two alternative approaches, based on constitutional theories and statutes designed to protect handicapped individuals, that may better …

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Sexual Autonomy And The Constitutional Right To Privacy: A Case Study In Human Rights And The Unwritten Constitution, David A. J. Richards Jan 1979

Sexual Autonomy And The Constitutional Right To Privacy: A Case Study In Human Rights And The Unwritten Constitution, David A. J. Richards

UC Law Journal

The author examines the jurisprudential foundations of the constitutional right of privacy to explain how the idea of human rights justifies the application of such a right of privacy to consenting adult homosexual acts.

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Legal Homophobia And The Christian Church, Ellen M. Barrett Jan 1979

Legal Homophobia And The Christian Church, Ellen M. Barrett

UC Law Journal

This Article analyzes some of the religious roots of legal homophobia in England and on the Continent, notes the interrelationship of religious and secular prohibitions against homosexual activity, and concludes that we will see continued Church involvement in laws concerning homosexual behavior.

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Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera Jan 1979

Our Straight-Laced Judges: The Legal Position Of Homosexual Persons In The United States, Rhonda R. Rivera

UC Law Journal

This. survey of the homosexual person's status in American society reveals judicial attitudes towards homosexual individuals through examining cases dealing with most aspects of modem society, from equal employment and family-related issues to the criminalization of homosexual behavior.

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The Constitutional Rights Of Sexual Minorities: A Crisis Of The Male/Female Dichotomy, Mary C. Dunlap Jan 1979

The Constitutional Rights Of Sexual Minorities: A Crisis Of The Male/Female Dichotomy, Mary C. Dunlap

UC Law Journal

The United States legal system presently defines every person as either male or female by reference to the genital anatomy of that person. Categorization of the individual by sex, however, carries several explicit and implicit legal consequences. In this Article, the author examines the implications of this two-sex presumption for the constitutional claims of sexual minorities. The author concludes that a vigorous and expansive reexamination of the two-sex presumption is urgently needed.

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Shaffer V. Heitner: Holding, Implications, Forebodings, Stefan A. Riesenfeld Jan 1979

Shaffer V. Heitner: Holding, Implications, Forebodings, Stefan A. Riesenfeld

UC Law Journal

The landmark decision of Shaffer v. Heitner spelled out important constitutional limitations on the exercise of quasi-in-rem jurisdiction, but has nonetheless generated doubts and perplexity in its judicial aftermath. The author argues that the ultimate importance of Shaffer may relate less to its specific holdings regarding quasi-in-rem jurisdiction than to its broader perspective of attributing a constitutional dimension to the classical doctrine of the more convenient forum.

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Homosexual Organizations And The Right Of Association, Lawrence A. Wilson, Raphael Shannon Jan 1979

Homosexual Organizations And The Right Of Association, Lawrence A. Wilson, Raphael Shannon

UC Law Journal

This Article examines judicial and administrative responses to efforts by homosexuals to form organizations to further their interests. The authors conclude that the well-established right of association forbids state actions that seek to restrict attempts by homosexuals to organize, challenge oppressive laws, and otherwise obtain the benefits of association.

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Corporate Governance: Who Controls The Large Corporation, Thomas M. Jones Jan 1979

Corporate Governance: Who Controls The Large Corporation, Thomas M. Jones

UC Law Journal

A vital question, preliminary to any discussion of changes in the methods of corporate decisionmaking is: "Who controls the corporation?" This Article explores the theoretical analyses used to determine whether management or shareholders are the ultimate locus of control and discusses what pressures each exerts on the other in order to strengthen their relative positions of power.

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Foreword To The Corporate Social Resposibility Symposium: Reflections On Directions, William L. Cary, Harvey J. Goldschmid Jan 1979

Foreword To The Corporate Social Resposibility Symposium: Reflections On Directions, William L. Cary, Harvey J. Goldschmid

UC Law Journal

No abstract provided.

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Societal, Managerial, And Legal Perspectives On Corporate Social Responsibility--Product And Process, Edwin M. Epstein Jan 1979

Societal, Managerial, And Legal Perspectives On Corporate Social Responsibility--Product And Process, Edwin M. Epstein

UC Law Journal

The author analyzes corporate social responsibility in light of the particularly central historical and economic position of the business organization in American life. He examines the concept of business responsibility in terms of both corporate ends and the process of corporate governance and concludes that this concept will continually shift with changing societal expectations.

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Response: The Meaning Of Corporate Social Responsibility Variations On A Theme Of Edwin M. Epstein, Alfred F. Conard Jan 1979

Response: The Meaning Of Corporate Social Responsibility Variations On A Theme Of Edwin M. Epstein, Alfred F. Conard

UC Law Journal

The author discusses four meanings attributed to "corporate social responsibility" by the many people who use the term: (1) regulatory justification meaning, (2) regulatory compliance meaning, (3) regulatory leadership meaning, (4) reallocation meaning.

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A New Concept Of Corporations: A Contractual And Private Property Model, Robert Hessen Jan 1979

A New Concept Of Corporations: A Contractual And Private Property Model, Robert Hessen

UC Law Journal

"Social responsibility"--the doctrine that corporations are obligated to place public service ahead of private profit-rests on three premises: that corporations cannot exist without governmental permission and special privileges; that corporations are "artificial legal entities" and therefore not entitled to the same rights as individuals or other groups; and that giant publicly traded corporations are not private property because they are not personally managed by their owners. This Article challenges these premises, arguing that corporate features are created by contract; that the entity concept is illogical and unnecessary; and that giant corporations are private property because the officers are authorized agents …

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Response, Robert W. Hamilton Jan 1979

Response, Robert W. Hamilton

UC Law Journal

In his response to Dr. Hessen's article, Professor Hamilton questions whether the concession theory of corporateness is relevant to a discussion of corporate social responsibility.

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The Evolving Role Of The Director In Corporate Governance, Marshall L. Small Jan 1979

The Evolving Role Of The Director In Corporate Governance, Marshall L. Small

UC Law Journal

This Article addresses the changing role of the corporate director, focusing on the structure, composition, and responsibilities of boards of directors. Three noteworthy trends are examined: the increasing acceptance of the need for nonmanagement directors, the widespread use of board committees as a means of effective decisionmaking, and the increased attention to the due diligence requirement for individual directors. The author contends that these modern trends, while responding to contemporary concerns with corporate accountability, pose at least two fundamental questions. First, for whom should the director-particularly the nonmanagement director-act: the shareholders or society at large? Second, what responsibilities can we …

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Response: Some Thoughts On The Director's Evolving Role, Donald E. Schwartz Jan 1979

Response: Some Thoughts On The Director's Evolving Role, Donald E. Schwartz

UC Law Journal

Commenting on Marshall Small's Article, the author agrees that there is a need to develop a corporate framework to resolve the often conflicting claims of investors and others affected by corporate conduct. Professor Schwartz contends that while Professor Small's Article addresses the role of directors in assuring corporate compliance with the law, he neglects to examine other possible alternatives for monitoring the corporation's performance in the broader social spectrum. In this regard, Professor Schwartz advocates greater emphasis on the often-overlooked shareholder aspect of the corporate governance process. This Article concludes that the often overlooked shareholder aspect of the corporate governance …

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European Perspectives: A Foreword, Detlev F. Vagts Jan 1979

European Perspectives: A Foreword, Detlev F. Vagts

UC Law Journal

In his foreword to the European section of the symposium Professor Vagts takes exception to Professor Roth's proposal to vest corporate management in independent trustees. The Article concludes that independent trustees would not adequately represent the interests of the corporation's shareholders and suggests that control is better left within the internal managerial structure of the corporation.

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Social Responsibility In European Company Law, Clive M. Schmitthoff Jan 1979

Social Responsibility In European Company Law, Clive M. Schmitthoff

UC Law Journal

The author examines the history of Western capitalism and suggests that we are moving into an era of regulated capitalism. The change in company law philosophy towards social responsibility is discussed in relation to directors, shareholders, employees, and the public at large. The author concludes that the private sector of industry will be fully maintained although under the auspices of social responsibility and regulation by the state.

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Corporate Social Responsibility: European Models, Gunter H. Roth Jan 1979

Corporate Social Responsibility: European Models, Gunter H. Roth

UC Law Journal

This Article examines the various modes proposed and adopted in Europe for imposing upon corporations a sense of responsibility for the public welfare. The author concludes that the most promising means for achieving this goal is to bestow upon independent trustees the power to manage the enterprise and to impose upon the corporation a system of social accounting that would provide the public with meaningful information concerning the corporation's activities.

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Interstate Libel And Choice Of Law: Proposals For The Future, Laurence M. Rose Jan 1979

Interstate Libel And Choice Of Law: Proposals For The Future, Laurence M. Rose

UC Law Journal

The Article attempts to clarify the choice-of-law question over which state's fault standard should apply to an allegedly libelous statement which was written, investigated, edited, or published in another state. Based upon the constitutional directive given in modem United States Supreme Court libel decisions, Professor Rose reasons that a choice-of-law rule requiring the application of the law of the place where the interstate media defendant's libelous acts have occurred must be established. Several methods of adopting the new rule are considered, including congressional implementation of a federal statute concerning interstate-libel choice-of-law.

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Report To The Joint Committee Of The California Legislature On Tort Liability On The Problems Associated With American Motorcycle Association V. Superior Court, John G. Fleming Jan 1979

Report To The Joint Committee Of The California Legislature On Tort Liability On The Problems Associated With American Motorcycle Association V. Superior Court, John G. Fleming

UC Law Journal

The California Legislature Joint Committee on Tort Liability was formed in response to complaints regarding the high cost of liability insurance and the assertion of insurers that the uncertainty of the tort liability system allows higher and more frequent recoveries for liability claims. Because of the controversy aroused by American Motorcycle Association v. Superior Court, the Committee requested Professor Fleming to prepare this report identifying and analyzing those areas that are properly the subject of legislative action and that remain unresolved in the opinion. The unedited Report is reprinted here with the permission of the Committee.

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King Solomon's Judgment Expressing Principles Of Discretion And Feedback In Legal Rules And Reasoning, Lawrence C. George Jan 1979

King Solomon's Judgment Expressing Principles Of Discretion And Feedback In Legal Rules And Reasoning, Lawrence C. George

UC Law Journal

The Anglo-American legal system requires rules of law that are expressed directly and concisely. As a result, the full content of some legal principles remains unstated, occasionally giving the directly stated rule the appearance of a paradox in its application. Professor George examines three examples of such apparent paradoxes, terming them "Loops," "Reversals," and "Hitches." He explores their use in providing understandable statements of law, in allowing the use of feedback in judicial decisions, and in providing a cover for the exercise of judicial discretion.

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Censoring The Law In California: Decertification Revisited, Julie Hayward Biggs Jan 1979

Censoring The Law In California: Decertification Revisited, Julie Hayward Biggs

UC Law Journal

Decertification, or deletion from publication, of appellate opinions by the California Supreme Court is not subject to any rule of court or procedure requiring notice of such requests to litigating or interested parties or groups. The author argues that the continued use of such unsanctioned procedure may have adverse effects on the rights and interests of subsequent litigants or of special interest groups, the doctrine of stare decisis, and the ethical constraints imposed on the judicial system by the adversarial tradition.

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City-Wide Prohibition Of Billboards: Police Power And The Freedom Of Speech, Sue Diamond Lifschiz Jan 1979

City-Wide Prohibition Of Billboards: Police Power And The Freedom Of Speech, Sue Diamond Lifschiz

UC Law Journal

This March, in Metromedia, Inc. v. City of San Diego, the California Supreme Court upheld San Diego's ordinance that eliminates all off-premise billboards throughout the city. This Note analyzes the constitutional issues involved in the exercise of the local police power to eliminate billboards. These issues include whether the promotion of aesthetic values is a legitimate police power objective; whether total prohibition of a lawful business throughout a community is a violation of due process; whether local ordinances that eliminate billboards without just compensation conflict with state and federal highway beautification statutes; and whether billboard prohibitions are a denial of …

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Reborn Federalism In Western Water Law: The New Melones Dam Decision, Roderick Walston Jan 1979

Reborn Federalism In Western Water Law: The New Melones Dam Decision, Roderick Walston

UC Law Journal

The Reclamation Act of 1902 delegated to the states the power to control the use of water developed by federal reclamation projects. In the years following the Act's enactment, however, a series of Supreme Court decisions gradually eroded this state power and culminated in the holding that the federal government has the exclusive right to control water developed by the projects. In the recent case of Caifornia v. United States, the Supreme Court restored a sense of federalism to western water law by reversing its prior decisions and recognizing once again the states' right to control the use of federally-developed …

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Wainwright V. Sykes: The Lower Federal Courts Respond, Saul B. Goodman, Jonathan B. Sallet Jan 1979

Wainwright V. Sykes: The Lower Federal Courts Respond, Saul B. Goodman, Jonathan B. Sallet

UC Law Journal

In 1977, the Supreme Court in Wainwright v. Sykes formulated a "causeand- prejudice" test for determining whether the failure of a state prisoner to raise a federal constitutional claim at trial in accordance with state procedures will foreclose federal habeas review. The Court, however, reserved for future resolution the precise definition of this test. In this Article, the authors examine the lower court decisions in the wake of Sykes that have grappled with the "cause-and-prejudice" test as well as the sources of authority that may help to define the terms. The authors conclude that "prejudice" has been interpreted as a …

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Teacher Layoffs In California: An Update, Nancy B. Ozsogomonyan Jan 1979

Teacher Layoffs In California: An Update, Nancy B. Ozsogomonyan

UC Law Journal

Declining school enrollments and funding problems continue to require teacher layoffs by California school districts. Such layoffs, however, long have been plagued by uncertain statutory requirements and conflicting judicial interpretations. The author reviews developments of the last three years, concluding that recent cases have answered a number of questions. Nevertheless, important unresolved procedural and interpretative issues still threaten to invalidate otherwise legal and necessary layoffs. The author proposes rationales for their legislative or judicial solutions.

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Mass Liability And Punitive Damages Overkill, Alan Schulkin Jan 1979

Mass Liability And Punitive Damages Overkill, Alan Schulkin

UC Law Journal

With huge punitive damage awards now available to plaintiffs in products liability and other mass disaster cases, the danger of multiple liability for the same act is great. This Note proposes a system to control punitive damages, assuring adequate punishment and deterrence while preventing economic destruction.

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Dependency And Termination Proceedings In California--Standards Of Proof, David V. Otterson Jan 1979

Dependency And Termination Proceedings In California--Standards Of Proof, David V. Otterson

UC Law Journal

Within recent years, a dispute has arisen in the courts of appeal over the proper standards of proof required to support a petition brought to invoke a court's dependency jurisdiction under Welfare and Institutions Code section 300 or to terminate parental rights pursuant to Civil Code section 232. After examining the source of the confusion surrounding the standards of proof in proceedings under those statutes, the Note explores the practical implications for the competing interests in these proceedings of applying the "clear and convincing evidence" standard and suggests that the "preponderance of the evidence" standard more adequately protects those competing …

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Mcconnell V. Merrill Lynch, Pierce, Fenner & Smith, Inc.: New Tests For Variable-Interest Loans, Vincent Keith Schubert Jan 1979

Mcconnell V. Merrill Lynch, Pierce, Fenner & Smith, Inc.: New Tests For Variable-Interest Loans, Vincent Keith Schubert

UC Law Journal

In a recent case the California Supreme Court had occasion to consider the effect of the California usury law in the control of a variable interest rate loan involving a non-exempt lender. The failure of the court to properly analyze the question of intent has led to the creation of a new exception to the traditional presumption of intent in usury cases. Dictum in McConnell has potentially increased the plaintiff-borrower's difficulty in proving his case and has created a possibility that the constitutional protection afforded by the usury law has been significantly reduced.

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