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Articles 7261 - 7290 of 8892

Full-Text Articles in Law

The California Land Conservation Act Of 1965 And The Fight To Save California's Prime Agricultural Lands, John B. Dean Jan 1979

The California Land Conservation Act Of 1965 And The Fight To Save California's Prime Agricultural Lands, John B. Dean

UC Law Journal

The Williamson Act, enacted in 1965 in response to continuing urbanization of agricultural land, utilizes preferential property taxation and voluntary, owner-initiated contracts with the local legislative body. This Note analyzes the Williamson Act in detail, and then evaluates the impact of the Act on the preservation of productive agricultural lands in three counties: Contra Costa, Alameda, and Santa Clara. The Note concludes that the Williamson Act program should be limited to prime agricultural lands, rather than nonurban lands generally, and property tax incentives to owners of such prime agricultural lands should be substantially increased. Further, the Note recommends the implementation …

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The Modern Concept Of Duty: Hoyem V. Manhattan Beach City School District And School District Liability For Injuries To Truants, Matthew A. Hodel Jan 1979

The Modern Concept Of Duty: Hoyem V. Manhattan Beach City School District And School District Liability For Injuries To Truants, Matthew A. Hodel

UC Law Journal

Modern courts have dramatically expanded and simplified the concept of duty in tort law. In the Hoyem decision, the California Supreme Court continued these trends by imposing liability for off-campus injuries to truants. The author examines the case and its position in the mainstream of California negligence law. He argues that the overly flexible nature of duty has, in this instance, led to judicial confrontation of issues best suited to legislative resolution.

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Probate Reform In California, Russell Niles Jan 1979

Probate Reform In California, Russell Niles

UC Law Journal

The characteristics and attitudes of today's society bear little resemblance to 19th century society. Nevertheless, California's probate system still relies on what is essentially a 19th century statute. The author compares several substantive provisions of the California Probate Code to corresponding provisions in the Uniform Probate Code. He argues that California's statutory system is outmoded and concludes that the Probate Code is in need of thorough re-evaluation and revision.

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Sun 'N Sand, Inc. V. United California Bank: A New Approach To The Problem Of Drawer V. Collecting Bank, Jonathan Paul Williams Jan 1979

Sun 'N Sand, Inc. V. United California Bank: A New Approach To The Problem Of Drawer V. Collecting Bank, Jonathan Paul Williams

UC Law Journal

The California Supreme Court in Sun "n Sand held that the drawer of a check may utilize the warranties on presentment found in U.C.C. §§ 3-417 and 4-207 to maintain a direct action against a collecting bank to recover the amount of a forged or materially altered check charged against the drawer's account. This Note criticizes the court's characterization of the drawer as an "other payor" and shows how the court's ruling, intended to avoid a multiplicity of lawsuits, may not only have the opposite result but will also place the collecting bank at a disadvantage in defending a suit …

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It's A Bird, It's A Plane, It's The Faa: Government Liability For Negligent Airworthiness Certification, Lawrence Yale Iser Jan 1979

It's A Bird, It's A Plane, It's The Faa: Government Liability For Negligent Airworthiness Certification, Lawrence Yale Iser

UC Law Journal

Recent aviation disaster litigation has focused attention on the liability of the federal government for negligent airworthiness certification. The author traces the arguments for and against imposing this liability, and concludes that where FAA negligence is the proximate cause of an aviation disaster, the government can and should be held liable.

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Wellenkamp V. Bank Of America: A Victory For The Consumer, David Greenclay Crane Jan 1979

Wellenkamp V. Bank Of America: A Victory For The Consumer, David Greenclay Crane

UC Law Journal

The California Supreme Court's recent decision in Wellenkamp is considered by many to be one of the most significant rulings in the last decade to affect real property. The court effectively removed the due-on-sale clause from residential financing agreements, generating wide approval from consumers and borrowers. This Note argues, however, that the current benefits of Welenkamp will pale in comparison to its unfortunate side effects. The author concludes with a call for legislative intervention to preserve the fixed rate mortgage.

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Evaluating Vertical Mergers Under Section 7 Of The Clayton Act, Lawrence P. Postol Jan 1979

Evaluating Vertical Mergers Under Section 7 Of The Clayton Act, Lawrence P. Postol

UC Law Journal

Analyzing mergers between firms in a customer-supplier relationship under section 7 of the Clayton Act requires identification of anticompetitive effects pertinent to that relationship. This Article examines the chief analytical tools which the courts have developed in this area, providing needed clarification in a complex field and highlighting areas of continuing uncertainty.

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Stre(A)Tching The 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act, Edward Francis Cotter Jr. Jan 1979

Stre(A)Tching The 1972 Amendments To The Longshoremen's And Harbor Workers' Compensation Act, Edward Francis Cotter Jr.

UC Law Journal

In 1972 the Longshoremen's and Harbor Workers' Compensation Act was given a major overhaul. The contours of the amendments are still being discovered. One area which has been scrutinized closely is the longshoreman's personal injury action against the vessel owner. Even though the amendments created an exclusive remedy against the vessel owner based on negligence, an ingenious court has allowed a longshoreman to sue a vessel owner on a products liability theory. This Note examines the validity of that court's decision.

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California Civil Code Section 3264 And The Ghost Of The Equitable Lien, Paul D. Gutierrez Jan 1979

California Civil Code Section 3264 And The Ghost Of The Equitable Lien, Paul D. Gutierrez

UC Law Journal

Construction lenders in California have long been haunted by the judicially created equitable lien, by which contractors and materialmen have been permitted to gain security for unpaid work while evading established statutory procedures. Civil Code section 3264 is the most recent statute enacted by the California Legislature in its effort to quash the equitable lien; nonetheless, claimants persist in attempting to resurrect this nonstatutory remedy, and the trial courts have proven reluctant to move forcefully against it. The author contends that the mandate of Civil Code section 3264 is sufficiently unambiguous to require that the California courts bury the spectre …

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The Effect Of Future Orientation On The American Reformation Of English Judicial Method, James H. Hardisty Jan 1979

The Effect Of Future Orientation On The American Reformation Of English Judicial Method, James H. Hardisty

UC Law Journal

The role undertaken by the American judiciary differs in many respects from the role originally adopted from the English. Using studies from the social sciences, Professor Hardisty finds that many of the dissimilarities are rooted in the differing values held by English and American societies. He examines the ways in which these value dissimilarities are reflected in English and American judicial methods.

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The Fifth Amendment And The Guilty Plea: An Incompatible Association, Vivian Deborah Wilson Jan 1979

The Fifth Amendment And The Guilty Plea: An Incompatible Association, Vivian Deborah Wilson

UC Law Journal

The author examines the anomaly of a court system which protects the fifth amendment rights of an accused during custodial interrogation, only to sacrifice those rights through accepting a negotiated plea of guilty at trial.

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Prior Consistent Statements: Rule 801(D)(1)(B) Of The Federal Rules Of Evidence, Critique And Proposal, Michael H. Graham Jan 1979

Prior Consistent Statements: Rule 801(D)(1)(B) Of The Federal Rules Of Evidence, Critique And Proposal, Michael H. Graham

UC Law Journal

The rules that govern admissibility at trial of a prior consistent statement have developed piecemeal over the past several centuries. At present, these rules are in disarray, with confusion over their construction and application plaguing courts at all levels. This Article examines the concepts that govern this exceedingly complex area, with a view to developing a systematic framework within which to determine the admissibility of prior consistent statements.

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The Constitutionality Of Introducing Evaluative Laboratory Reports Against Criminal Defendants, Edward J. Imwinkelried Jan 1979

The Constitutionality Of Introducing Evaluative Laboratory Reports Against Criminal Defendants, Edward J. Imwinkelried

UC Law Journal

The use of scientific evidence in criminal prosecutions has increased dramatically in recent years. Much of this evidence, which is routinely admitted against criminal defendants, consists of analyses performed by forensic laboratories on substances identified with criminal activity. A recent report released by the Law Enforcement Assistance Administration, however, indicates a high incidence of error in forensic analyses conducted by police laboratories. In this Article, the author examines the implications that the LEAA report holds for the admissibility of forensic analyses against criminal defendants. The author concludes that the introduction against a defendant of evaluative laboratory reports without the opportunity …

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Former Civil Code Section 3369: A Study In Judicial Interpretation, Wesley J. Howard Jan 1979

Former Civil Code Section 3369: A Study In Judicial Interpretation, Wesley J. Howard

UC Law Journal

California's unfair competition statute was enacted in 1933. It took nearly thirty years before the statute was interpreted in accordance with its "plain" meaning. Attorneys still suffer from a lack of understanding as to how this law is used in California by the Attorney General, District Attorney and other public and private consumer advocates. This Note traces the history of the statute, with suggestions as to future use of the versatile consumer protection tool.

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Design Professionals--Recognizing A Duty To Inform, Richard M. Shapiro Jan 1979

Design Professionals--Recognizing A Duty To Inform, Richard M. Shapiro

UC Law Journal

This Note explores the possibility of extending a duty to inform, similar to that now imposed upon physicians, to architects and engineers. The author discusses the nature of design services and the legal and policy bases for recognition of the proposed duty as a form of negligence. Finally, the Note examines the problems of proof associated with the prosecution of a claim for a failure to inform.

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Discarding The Doctrine Of Supervisory Domination: New Solutions To An Old Conflict Of Interest, Lynn Cox, Peter Martin Nelson Jan 1979

Discarding The Doctrine Of Supervisory Domination: New Solutions To An Old Conflict Of Interest, Lynn Cox, Peter Martin Nelson

UC Law Journal

The doctrine of supervisory domination evolved from the National Labor Relations Act's specific prohibition against employer domination of unions. Currently, however, employers themselves assert that unions are dominated by supervisors in attempts to defeat the certification of unions as collective bargaining representatives of their employees. The authors of this Note argue that because the doctrine of supervisory domination is meaningful only in relation to employer domination of unions, it should be abandoned, and attention refocused on the doctrine's progenitor - actual supervisory domination. Drawing on existing case law and statutory provisions, the authors introduce proposals designed to protect both employers …

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Law Books And Legal Publishing In America, 1760-1840, Jenni Parrish Jan 1979

Law Books And Legal Publishing In America, 1760-1840, Jenni Parrish

Faculty Scholarship

No abstract provided.

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Economic Sanctions Against South Africa?–Lessons From Rhodesia, Joel R. Paul Jan 1979

Economic Sanctions Against South Africa?–Lessons From Rhodesia, Joel R. Paul

Faculty Scholarship

No abstract provided.

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Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain Jan 1978

Export Licensing Of Advanced Technology To Communist Countries: Problems And Prospects, Vikram Aditya Gosain

UC Law SF International Law Review

The Export Administration Act of 1969 restricted efforts of United States industry to expand sales of non-strategic advanced technology goods to Communist countries. The author examines the significance of the Export Administration Amendments of 1977 and the procedure and criteria by which an export application is evaluated. The author suggests certain reforms which would help attain the goal of trade promotion.

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Individual Freedoms In Today's World; Laws And Reality, Wilhelm Karl Geck Jan 1978

Individual Freedoms In Today's World; Laws And Reality, Wilhelm Karl Geck

UC Law SF International Law Review

The author analyses the present world situation with regard to human rights both as found in the constitutional systems of the world's states, and as evidenced by reports of Amnesty International and Freedom House. The article was originally delivered as a lecture before the German Red Cross.

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Copyright Revision Act And Visual Artists, Hamish R. Sandison Jan 1978

Copyright Revision Act And Visual Artists, Hamish R. Sandison

UC Law SF Communications and Entertainment Journal

No abstract provided.

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The Impact Of Treaties On Commercial Space Operations, Martin Menter Jan 1978

The Impact Of Treaties On Commercial Space Operations, Martin Menter

UC Law SF International Law Review

The author believes that at some future date space stations to house communities will be erected. The subsistence of a space community will depend on fail-safe governing procedures. The author examines the role of treaties in regulating and validating activities within a space community.

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Constitutional Review: Supreme Court, 1976-77 Term, Michael P. Lehmann, Mary C. Eklund Jan 1978

Constitutional Review: Supreme Court, 1976-77 Term, Michael P. Lehmann, Mary C. Eklund

UC Law Constitutional Quarterly

No abstract provided.

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Ray V. Atlantic Richfield: A Case For Preemption, Patricia J. Neel Jan 1978

Ray V. Atlantic Richfield: A Case For Preemption, Patricia J. Neel

UC Law Constitutional Quarterly

No abstract provided.

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Reflections On Shaffer V. Heitner, Joseph P. Zammit Jan 1978

Reflections On Shaffer V. Heitner, Joseph P. Zammit

UC Law Constitutional Quarterly

No abstract provided.

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The Antagonism Between Freedom Of Speech And Seditious Libel, June Eichbaum Jan 1978

The Antagonism Between Freedom Of Speech And Seditious Libel, June Eichbaum

UC Law Constitutional Quarterly

No abstract provided.

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Undocumented Aliens And The Constitution: Limitation On State Action Denying Undocumented Children Access To Public Education, Robert F. Kane, Felix Velarde-Munoz Jan 1978

Undocumented Aliens And The Constitution: Limitation On State Action Denying Undocumented Children Access To Public Education, Robert F. Kane, Felix Velarde-Munoz

UC Law Constitutional Quarterly

No abstract provided.

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Governance Of The Elephant: Constitutional Theory On The Overland Trail, John Phillip Reid Jan 1978

Governance Of The Elephant: Constitutional Theory On The Overland Trail, John Phillip Reid

UC Law Constitutional Quarterly

No abstract provided.

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The Legal Status Of United States Corporations And Individuals In Taiwan If United States--Republic Of China Dipolmatic Relations Were Severed, Preston M. Torbert Jan 1978

The Legal Status Of United States Corporations And Individuals In Taiwan If United States--Republic Of China Dipolmatic Relations Were Severed, Preston M. Torbert

UC Law SF International Law Review

The author reviews the treaty rights afforded U.S. corporations and individuals operating in Taiwan under present agreements and compares them with rights afforded non-treaty countries doing business in Taiwan. The author's extensive examination reveals that, while present treaties appear to formally secure diplomatic relations, a severance thereof will not cause a great disruption of trade and investment between the U.S. and the Republic of China.

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The 1977 Ussr Constitution: A Document Of Social, National And International Consolidation, Andrew Sorokowski Jan 1978

The 1977 Ussr Constitution: A Document Of Social, National And International Consolidation, Andrew Sorokowski

UC Law SF International Law Review

Among the new features of the 1977 Soviet Constitution are provisions that strengthen the role of the Communist Party, redefine the powers of the Union Republics, and announce the foreign policy of the U.S.S.R. The author demonstrates that these principal features represent a consolidation of the U.S.S.R.'s power as a multinational party-state of world stature. Yet, this consolidation is a response to the centrifugal forces of social differentiation, non-Russian nationalism, and foreign Communist dissension, which threaten the ideal of Communist uniformity at home and abroad.

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