Law Commons^™

Retail Price Maintenance For Liquor: Does The Twenty-First Amendment Preclude A Free Trade Market, Rosemary Hart

UC Law Constitutional Quarterly

No abstract provided.

Osha And The Sixth Amendment: When Is A Civil Penalty Criminal In Effect, Michael H. Levin

UC Law Constitutional Quarterly

No abstract provided.

Judicial Immunity And Sovereignty, Robert F. Nagel

UC Law Constitutional Quarterly

No abstract provided.

Turning Over The Reins: The Abolition Of The Mandatory Appellate Jurisdiction Of The Supreme Court, John M. Simpson

UC Law Constitutional Quarterly

No abstract provided.

The Personal Manager In California: Riding The Horns Of The Licensing Dilemma, David F. Charles

UC Law SF Communications and Entertainment Journal

No abstract provided.

Timber Capital Gains--The Option Rule Of Section 631(B), Philip F. Postlewaite

UC Law Journal

Section 631(b) of the Internal Revenue Code qualifies for capital gains treatment income derived from the disposition of timber by an owner who thereafter retains an economic interest in the timber. The Ninth Circuit Court of Appeals has interpreted the disposal requirement of this section as requiring a binding bilateral contractual arrangement between the parties in a timber cutting contract. This interpretation precludes timber cutting option agreements from qualifying for capital gains treatment under section 631(b). The author of this Article argues that the Ninth Circuits holding on tis point is in error and should be changed.

Compulsory Judicial Arbitration In California: Reducing The Delay And Expense Of Resolving Uncomplicated Civil Disputes, R. J. Heher

UC Law Journal

In general, judicial arbitration involves the transfer of pending civil cases from the court to a volunteer attorney or panel of attorneys who determine the facts and the law according to relaxed rules of evidence and procedure. After reviewing six judicial arbitration plans, both voluntary and compulsory, the author concludes that there are strong measurable medications that judicial arbitration is faster and less expensive and is as fair as traditional civil litigation. The author argues that compulsory judicial arbitration is superior to the voluntary form and that California superior courts in the absence of legislation should adopt compulsory judicial arbitration …

The Right Of Eccentricity, Nicholas Heldt

UC Law Journal

Evolving principles of constitutional law prohibited state control of harmless behavior in O'Connor v. Donaldson. To prevent harm, a state may regulate or punish dangerous behavior, but the police power cannot accommodate control of harmless behavior. The Note examines the constitutional foundation for this limit upon the police power.

Covenants And Equitable Servitudes In California, Randall K. Steverson

UC Law Journal

In California, covenants running with the land are governed by two separate statutory provisions, Civil Code sections 1462 and 1468. If a covenant fails to run under the provisions of either section, it may still be enforced as an equitable servitude. This Note examines the interface of the statutory provisions with each other and with equitable servitudes.

Vested Rights, Estoppel, And The Land Development Process, Richard B. Cunningham, David H. Kremer

UC Law Journal

In the field of land use planning the vested rights issue arises whenever a new law or regulatory procedure has the potential to interfere with the completion of a land development project already planned or being constructed. While development practices and land use controls have changed dramatically in recent years, the vested rights doctrine has changed little since the passage of comprehensive zoning ordinances more than fifty years ago. In this Article the authors survey the legal theories underlying the doctrine and the case law applying it. In conclusion they propose a reformulation of the vested rights rules that conforms …

Lugosi V. Universal Pictures: Descent Of The Right Of Publicity, Jon B. Eisenberg

UC Law Journal

The "right of publicity" provides celebrities with exclusive rights to the pecuniary value in their names and likenesses. A case presently before the California Supreme Court, Lugosi v. Universal Pictures, raises the question of whether this right should survive the death of a celebrity and descend to heirs. This Note examines the descent issue and concludes that the right of publicity should be descendible for a limited term of years.

California Lower Income Housing Policy: At Legislative And Judicial Crossroads, Dirk A. Fulton

UC Law Journal

California is experiencing an emerging lower income housing crisis which is aggravated by exclusionary land use regulations. This result occurs as California housing policy approaches a critical decisionmaking point before both the legislature and the judiciary. The author analyzes pending legislation, current statutes, and decisional law, including the recent Livermore case, regarding exclusionary land use regulations. The author concludes that continued resistance to inclusionary housing policy is intolerable and that the Livermore opinion can be applied so that lower income households are not denied equal access to affordable housing

Going Strong--A Hastings Tradition, Marvin J. Anderson, Sue Diamond Lifschiz

UC Law Journal

In this Article the authors pay tribute to the school's renowned Sixty-five Club, composed of famed legal scholars who have retired from other institutions and have made significant contributions during their second careers at Hastings. The Article traces the beginnings of the Club and highlights the accomplishments of its early members. The negative effects of mandatory retirement are discussed in the context of judicial and legislative treatment of the issue in recent years.

Legal Malpractice And Compulsory Client Protection, Benjamin Franklin Boyer, Gary Conner

UC Law Journal

The authors discuss the need for a compulsory professional liability insurance plan for attorneys as a means of protecting members of the public from legal malpractice. The proposed plan would be on a claims-made basis by a public corporation. The authors suggest that such a plan would complete the present professional responsibility scheme, while benefiting both the profession and the public. The authors state that a Professional Liability Fund may be imposed through the inherent power of the court over attorneys or through the police power of the state.

Accounting For Business Combinations Under The New California Corporations Code, Miguel De Capriles, John M. Brown

UC Law Journal

Two innovative features of the new California Corporations Code touch upon the subject of accounting for business combinations: the unprecedented weight given to the authoritative opinions of the accounting profession and the special treatment of "reorganization." The authors argue that, under the new code, it is not permissible as a rule to account for the assets or stock, acquired by the issue of shares in a business combination, in accordance with the pooling of interests method.

I.R.C. Section 119: Is Convenience Of The Employer A Valid Concept, Adrian A. Kragen, Klonda Speer

UC Law Journal

Present interpretations of the Convenience of the Employer Rule, Section 119 of the Internal Revenue Code, allows a special privilege tax advantage to some employees while denying an exclusion from income to others similarly situated. The authors urge elimination of Section 119 from the Code or, in the alternative, adoption of a new test designed to eliminate the current inequities.

"Knowledge" As A Mens Rea Requirement, Rollin M. Perkins

UC Law Journal

The term "knowledge" is used to represent the mens rea requirement of various crimes. The common law concept of that term included both guilty belief and guilty avoidance of knowledge. The Model Penal Code, however, does not provide for the latter common law concept. Noting this omission, the author proposes an amendment to the Code that would allow for satisfaction of the mens rea element of an offense on the basis of a deliberate avoidance of knowledge.

Jurisdictional Clauses In Consumer Transactions: A Multifaceted Problem Of Jurisdicion And Full Faith And Credit, Rudolf B. Schlesinger

UC Law Journal

A non-resident consumer confers jurisdiction on a creditor in a creditors' haven through a clause in their contract. The creditor obtains a default judgment in the haven which he attempts to execute in the consumer's highly protective home state. In this Article, Professor Schlesinger examines the federal due process, choice-of-law, and jurisdiction problems the creditor and consumer will face. He concludes that, even under the present state of the law, judgments based on such jurisdictional clauses are unlikely to be enforceable in the consumer's state.

Justice In The Slough Of Equality, Julius Stone

UC Law Journal

The problem of how best to resolve "reverse discrimination" questions under the equal protection clause is currently receiving much attention. The author closely examines the widely accepted belief that equality is the same thing as justice. He demonstrates that there is no a priori or empirical justification for this identification and rejects it as an analytical touchstone whose usefulness is over. Something more flexible must be created to help define the relationship between "equal treatment' and "justice." In his analysis of equal protection clause case law, he demonstrates that equality, as a criterion of justice, is too inflexible to be …

The Limits Of Judicial Creativity, Roger J. Traynor

UC Law Journal

As the volume of statutes promulgated by legislatures grows, judges have an increasingly difficult role as interpreters of these laws. The author examines this judicial responsibility and suggests the need to strike a balance between active judicial analysis and legislative innovation.

Sixty-Five Club Members' Biographical Summaries, Uc Hastings College Of The Law

UC Law Journal

No abstract provided.

Stencel Aero Engineering Corporation V. United States: An Expansion Of The Feres Doctrine To Include Military Contractors, Subcontractors, And Suppliers, Paul J. Dion

UC Law Journal

In Feres v. United States, military personnel were denied the right to sue the United States under the Federal Tort Claims Act for injuries sustained incident to military service. A case recently decided by the United States Supreme Court, Stencel Aero Engineering Corporation v. United States, expanded the scope of the Feres Doctrine to include third party government contractors and suppliers seeking indemnity from the United States on claims by active-duty service personnel. This Note examines the recent Stencel decision and considers the effect of this decision upon the indemnity claims of private parties sued as joint tortfeasors with the …

Obtaining Testimony Outside The United States: Problem For The California Practitioner, Nicholas C. Ulmer

UC Law Journal

The Note discusses the procedural and evidentiary problems faced by the California litigant who seeks to take testimony abroad. California Code of Civil Procedure section 2018 (b) is analyzed and shown to be needless constricting of international discovery. Finally, the Note apprises the improvements afforded the litigant by the recent Convention on Taking Evidence Abroad in Civil or Commercial Matters.

Religion, Law And Ethics--A Call For Dialogue, Jerome Hall

UC Law Journal

The interrelation of religion, ethics, and law raises a multiplicity of questions. Problems of professional and ethical responsibilities are the most obvious, but not necessarily the most profound; basic problems of theory in any interdisciplinary study tend to the most intractable. In Jerome Hall's introduction to this symposium, he calls for broadbased dialogue on the theoretical and practical problems presented by the topic, religion and the law. In conclusion, he expresses the hope that such dialogue will yield practical benefits for laymen as well as professionals in the clergy and the law.

Hindu Conceptions Of Law, Ludo Rocher

UC Law Journal

The author demonstrates through a historical survey of ancient texts, and the glosses of various pundits, that, although modern Hindu law is divorced from the holistic world view embodied by dharma, Hindu conceptions of law are derived from this encompassing term. Before the colonial period there was neither law nor religion; there was dharma.

The Chinese Conceptions Of Law: Confucian, Legalist, And Buddhist, Luke T. Lee, Whalen W. Lai

UC Law Journal

Concepts originating as religious principles have long had an impact on the structure and functioning of legal institutions in China. The authors isolate concepts from three major religious traditions and discuss their development, illustrating how they have had a lasting effect on the character of Chinese law.

Judaism As A Religious Legal System, Elliot Dorff

UC Law Journal

Judaism is a civilization as well as a religion and includes a well-developed legal system that is central to Jewish life. The author discusses the Jewish legal system and its distinctly religious character and discusses the practical effects that the Jewish religion has had on Jewish law.

The Interaction Of Religion And Law--A Post-Vatican Ii Roman Catholic Perspective, James F. Bresnahan

UC Law Journal

The work of the German theologian, Karl Roliner, cleared theological ground for the achievement of Vatican II and continues to have a significant intellectual influence on current Roman Catholic thought. In this Article, the author utilizes Roliner's thought as the basis for his own suggestion of a way of viewing the religion-law relationship from a contemporary Roman Catholic perspective.

Canon Law And The Common Law, William W. Bassett

UC Law Journal

The author has made this, as he says, book-sized topic into a compact sketch of the potential influence of the canon law and the common law. In other words, the Article suggests throughout that, indeed, the canon law jurisprudence of the Middle Ages has made more than mere scratchings in the tablets of common law tradition.

The author approaches his task by initially examining the canon law through the texts produced throughout the medieval period when canon law, which articulated the values and ideals of western Europe, was dominant. Then he addresses, more particularly, the contributions of the canonists to …

Marsiglio Of Padova: Father And Creator Of The Modern Legal System, Peter J. Riga

UC Law Journal

This 14th century philosopher extended the theories of Aristotle and Thomas Aquinas in proposing the divorce of secular law from religious rule. In his view, only human jurisdiction and human law are valid in dealing with the natural world. The author presents Marsiglio as the first truly modem formulator of positive law, and his work as the foundation of the modern secular state.