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Articles 7531 - 7560 of 8885
Full-Text Articles in Law
The Grand Jury: Representative Or Elite, Jon Van Dyke
The Grand Jury: Representative Or Elite, Jon Van Dyke
UC Law Journal
No abstract provided.
The Pseudo-Foreign Corporation In California, John Hugh Newman
The Pseudo-Foreign Corporation In California, John Hugh Newman
UC Law Journal
No abstract provided.
Insurance For Punitive Damages: A Reevaluation, Elizabeth Ann Obler
Insurance For Punitive Damages: A Reevaluation, Elizabeth Ann Obler
UC Law Journal
No abstract provided.
Judicial Review Of Military Administrative Decisions, John Michael Haggerty
Judicial Review Of Military Administrative Decisions, John Michael Haggerty
UC Law Constitutional Quarterly
No abstract provided.
Racial Designation In Louisana: One Drop Of Black Blood Makes A Negro, Kenneth A. Davis
Racial Designation In Louisana: One Drop Of Black Blood Makes A Negro, Kenneth A. Davis
UC Law Constitutional Quarterly
No abstract provided.
Informational Privacy: Constitutional Challenges To The Collection And Dissemination Of Personal Information By Government Agencies, Lawrence J. Leigh
Informational Privacy: Constitutional Challenges To The Collection And Dissemination Of Personal Information By Government Agencies, Lawrence J. Leigh
UC Law Constitutional Quarterly
No abstract provided.
Due Process V. Defense Counsel's Unilateral Waiver Of The Defendant's Right To Testify, Seth Dawson
Due Process V. Defense Counsel's Unilateral Waiver Of The Defendant's Right To Testify, Seth Dawson
UC Law Constitutional Quarterly
No abstract provided.
A Moment Of Truth On Racially Based Admissions, Larry M. Lavinsky
A Moment Of Truth On Racially Based Admissions, Larry M. Lavinsky
UC Law Constitutional Quarterly
No abstract provided.
The Constitution And The Moral Order, William J. Bennett
The Constitution And The Moral Order, William J. Bennett
UC Law Constitutional Quarterly
No abstract provided.
Law, Morality, And Thoreau, Philip H. Rhinelander
Law, Morality, And Thoreau, Philip H. Rhinelander
UC Law Constitutional Quarterly
No abstract provided.
Clara Shortridge Foltz: Pioneer In The Law, Mortimer D. Schwartz, Susan L. Brandt, Patience Milrod
Clara Shortridge Foltz: Pioneer In The Law, Mortimer D. Schwartz, Susan L. Brandt, Patience Milrod
UC Law Journal
Clara Foltz, Hastings's first female student (but only after a legal battle), had a distinguished career fighting for the rights of indigent criminal defendants and of women: she was instrumental in securing passage of the bills which established the California public defender system and which permitted women to practice law in California. Until now, Clara Foltz's contributions have never been adequately acknowledged. The authors' article gives her overdue recognition.
Quadra V. Superior Court Of The City And County Of San Francisco: A Challenge To The Composition Of The San Francisco Grand Jury, Jon Van Dyke, Sidney M. Wolinsky
Quadra V. Superior Court Of The City And County Of San Francisco: A Challenge To The Composition Of The San Francisco Grand Jury, Jon Van Dyke, Sidney M. Wolinsky
UC Law Journal
Quadra v. Superior Court involves a challenge to the procedures used in the selection of San Francisco's investigative grand jury. The Hastings Law Journal has reprinted plaintiffs' memoranda, which argue that such procedures should be governed by the standards applicable to indicting grand juries.
Roe V. Workman's Compensation Appeals Board: Something Fishy In California Workers' Compensation Law, Michael E. Zacharia
Roe V. Workman's Compensation Appeals Board: Something Fishy In California Workers' Compensation Law, Michael E. Zacharia
UC Law Journal
In California an injured employee receives workers compensation from his employer and can also bring an action for damages against a third party tortfeasor. The Labor Code provides the employer with subrogation rights in order to avoid double recovery by the employee. In Roe v. WCAB, the California Supreme Court held that concurrent employer negligence will bar his credit rights and that the WCAB has jurisdiction to determine the issue of employer negligence. This note traces pre-Roe appellate decisions and then analyzes and criticizes the Roe opinion. Finally, the author proposes an alternative solution utilizing certain comparative negligence principles announced …
Involuntariness And Other Contemporary Problems Under Section 16(B) Of The Securities And Exchange Act Of 1934, Stephen K. C. Mau
Involuntariness And Other Contemporary Problems Under Section 16(B) Of The Securities And Exchange Act Of 1934, Stephen K. C. Mau
UC Law Journal
In recent years, the Supreme Court has sought to clarify the application of section 16(b) of the Securities and Exchange Act of 1934. While the Court intended to relieve some of the confusion that lower court interpretations had generated, the effect has been to leave the provision with many ambiguities and inconsistencies. The author examines remaining difficulties in the interpretation of the provision and suggests possible methods by which they may be resolved.
United States V. Butenko: Executive Authority To Conduct Warrantless Wiretaps For Foreign Security Purposes, Bonnie J. Pollard
United States V. Butenko: Executive Authority To Conduct Warrantless Wiretaps For Foreign Security Purposes, Bonnie J. Pollard
UC Law Journal
In United States v. Butenko, the Court of Appeals for the Third Circuit held that the executive branch is not required to obtain a warrant before conducting wiretapping for foreign security purposes. This note examines the court's opinion and contrasts it to the case of United States v. United States District Court in which the Supreme Court held that warrants must be obtained for domestic security surveillance.
The Communications Satellite Corporation: Toward A Workable Telecommunications Policy, Jordan Richard Kerner
The Communications Satellite Corporation: Toward A Workable Telecommunications Policy, Jordan Richard Kerner
UC Law Journal
In an effort to continue the United States' technological leadership in the field of international communications, Congress in 1962 granted a statutory monopoly to the Communications Satellite Corporation. This note presents a general background to the legislative history of the 1962 Satellite Act; a description of the corporation's development in its first 10 years and of its relationship to the international organization Intelsat; and an analysis of the pending 1975 amendments to the original act. The note also suggests specific modifications of the proposed amendments and a new approach to public communications policy in general.
The Thirst For Population Control: Water Hookup Moratoria And The Duty To Augment Supply, Richard M. Golden
The Thirst For Population Control: Water Hookup Moratoria And The Duty To Augment Supply, Richard M. Golden
UC Law Journal
The California Water Code authorizes a water distributor to refuse to connect new water service connections during periods of water shortage. This note analyzes the provisions of the Water Code to determine when and for how long such a refusal is justified. The author suggests that a duty to augment the water supply is implicit in the statutes and that the satisfaction of this duty by an exhaustion of all powers, including the power to conserve water by rationing, is a requirement for the continuation of a water hookup moratorium.
Integrative Jurisprudence, Jerome Hall
Integrative Jurisprudence, Jerome Hall
UC Law Journal
In this article, Professor Hall describes the ways in which he proceeded to construct a philosophy of law "for our times." He finds partial truths and also fallacies in the dominating legal philosophies-legal positivism, natural law, and sociology of law. He delineates the salient features of his "integrative jurisprudence" in which the basic concept is "law-as-action."
Banned In Boston--And Birmingham And Boise And...: Due Process In The Debarment And Suspension Of Government Contractors, John Montague Steadman
Banned In Boston--And Birmingham And Boise And...: Due Process In The Debarment And Suspension Of Government Contractors, John Montague Steadman
UC Law Journal
Fourteen years ago the Administrative Conference studied the process of federal government debarment and suspension of government contractors. In this article Professor Steadman traces the checkered career of the recommendations emerging from the study and concludes that subsequent reforms have not gone far enough.
The Right To Treatment For Mentally Ill Juveniles In California, Jane Elizabeth Lovell
The Right To Treatment For Mentally Ill Juveniles In California, Jane Elizabeth Lovell
UC Law Journal
The "right to treatment" has been recognized in cases involving adult mental patients and incarcerated juveniles. This note explores the special problems raised by mentally ill juvenile court wards, for whom existing public facilities are inadequate. The author demonstrates that denial of treatment owing to lack of existing facilities violates these juveniles' statutory and constitutional rights, and suggests some practical solutions to the problem.
Johansen V. California State Automobile Association: Has California Adopted Strict Liability For An Insurer's Failure To Settle, Mark Goodall
UC Law Journal
Under the case law culminating in Johansen v. California State Automobile Association, it is virtually impossible for an insurance carrier to reject a demand to settle within the policy limits and avoid liability for any excess judgment. The author explains this unannounced policy of strict liability and proposes a method of dealing with the problems created by such increased plaintiff leverage.
A Child's Due Process Right To Counsel In Divorce Custody Proceedings, Maurice K. C. Wilcox
A Child's Due Process Right To Counsel In Divorce Custody Proceedings, Maurice K. C. Wilcox
UC Law Journal
Children have traditionally been denied separate counsel in divorce custody proceedings. The author discusses the constitutionality of this denial in the light of procedural due process guarantees announced by the Supreme Court. The note concludes that counsel is both necessary and justified either in the context of disputed custody or on a finding that the award has been reached without adequate consideration of the child's interests.
Civil Jury Trial: The Case For Reasoned Iconoclasm, Mary Kay Kane
Civil Jury Trial: The Case For Reasoned Iconoclasm, Mary Kay Kane
UC Law Journal
No abstract provided.
Dividing The Elephant: The Separation Of Mess And Joint Stock Property On The Overland Trail, John Phillip Reid
Dividing The Elephant: The Separation Of Mess And Joint Stock Property On The Overland Trail, John Phillip Reid
UC Law Journal
No abstract provided.
Rondeau V. Mosinee Paper Corporation And Implied Private Rights Of Action, Greg Stepanicich
Rondeau V. Mosinee Paper Corporation And Implied Private Rights Of Action, Greg Stepanicich
UC Law Journal
No abstract provided.
Ring Around The Collar--Chain Around Her Neck: A Proposal To Monitor Sex Role Stereotyping In Television Advertising, David M. Axelrad
Ring Around The Collar--Chain Around Her Neck: A Proposal To Monitor Sex Role Stereotyping In Television Advertising, David M. Axelrad
UC Law Journal
No abstract provided.
The Uniform Parentage Act: What It Will Mean For The Putative Father In California, Diane C. Wilson
The Uniform Parentage Act: What It Will Mean For The Putative Father In California, Diane C. Wilson
UC Law Journal
No abstract provided.
Wetlands Protection Under The Corps Of Engineers' New Dredge And Fill Jurisdiction, Dick Ratliff
Wetlands Protection Under The Corps Of Engineers' New Dredge And Fill Jurisdiction, Dick Ratliff
UC Law Journal
No abstract provided.
Irs Access To Bank Records; Proposed Modifications In Administrative Subpoena Procedure, Lynn Katherine Thompson
Irs Access To Bank Records; Proposed Modifications In Administrative Subpoena Procedure, Lynn Katherine Thompson
UC Law Journal
No abstract provided.
Judicial Review Of Informal Agency Action: A Case Study Of Shareholder Proposal No-Action Letters, Howard L. Vickery Iii
Judicial Review Of Informal Agency Action: A Case Study Of Shareholder Proposal No-Action Letters, Howard L. Vickery Iii
UC Law Journal
No abstract provided.