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Articles 7621 - 7650 of 8885
Full-Text Articles in Law
Nielsen V. The Regents: Children As Pawns Or Persons, Barbara J. Konkle
Nielsen V. The Regents: Children As Pawns Or Persons, Barbara J. Konkle
UC Law Constitutional Quarterly
No abstract provided.
Gordon V. Justice Court: Defendant's Right To A Competent Tribunal, Lynda D. Nelson
Gordon V. Justice Court: Defendant's Right To A Competent Tribunal, Lynda D. Nelson
UC Law Constitutional Quarterly
No abstract provided.
Jury Service Is A Fundamental Right, Jon M. Van Dyke
Jury Service Is A Fundamental Right, Jon M. Van Dyke
UC Law Constitutional Quarterly
No abstract provided.
Implications Of Watergate: Some Proposals For Cutting The Presidency Down To Size, Arthur Selwyn Miller
Implications Of Watergate: Some Proposals For Cutting The Presidency Down To Size, Arthur Selwyn Miller
UC Law Constitutional Quarterly
No abstract provided.
The Value Of The Copyright Clause In Construction Of Copyright Law, Thomas Boggs Richards
The Value Of The Copyright Clause In Construction Of Copyright Law, Thomas Boggs Richards
UC Law Constitutional Quarterly
No abstract provided.
The Emporium Case: Title Vii Rights And The Collective Bargaining Process, Robert M. Cassel
The Emporium Case: Title Vii Rights And The Collective Bargaining Process, Robert M. Cassel
UC Law Journal
No abstract provided.
Diplomas, Degrees, And Discrimination, Richard L. Francis
Diplomas, Degrees, And Discrimination, Richard L. Francis
UC Law Journal
No abstract provided.
The Revolving Door: The Effect Of Employment Discrimination Against Ex-Prisoners, Kay Kohler
The Revolving Door: The Effect Of Employment Discrimination Against Ex-Prisoners, Kay Kohler
UC Law Journal
No abstract provided.
A Common Law Action For The Abusively Discharged Employee, Daniel A. Mathews
A Common Law Action For The Abusively Discharged Employee, Daniel A. Mathews
UC Law Journal
No abstract provided.
Disclosure Of Presentence Reports In Federal Court: Due Process And Judicial Discretion, William F. Gary
Disclosure Of Presentence Reports In Federal Court: Due Process And Judicial Discretion, William F. Gary
UC Law Journal
No abstract provided.
Interest Analysis And Conflicts Between Statutes Of Limitation, Gary L. Milhollin
Interest Analysis And Conflicts Between Statutes Of Limitation, Gary L. Milhollin
UC Law Journal
Statutes of limitation express a variety of interests which a court should consider when applying an interest analysis to a conflict between such statutes. The author delineates the interests which these statutes promote, and he analyzes the complications which result when a forum statute prescribes the borrowing of another state's limitation period.
The Application Of Labor And Antitrust Laws To Physician Unions: The Need For A Re-Evaluation Of Traditional Concepts In A Radically Changing Field, Charles B. Craver
The Application Of Labor And Antitrust Laws To Physician Unions: The Need For A Re-Evaluation Of Traditional Concepts In A Radically Changing Field, Charles B. Craver
UC Law Journal
The author asserts that when health care institutions exercise significant control over the work performed by staff physicians, employment relationships are involved. Consequently, the author contends. physician organizations representing employee-doctors should be protected by applicable labor relations legislation.
Martinez V. Socoma Companies: Problems In Determining Contract Beneficiaries' Rights, Kay S. Bruce
Martinez V. Socoma Companies: Problems In Determining Contract Beneficiaries' Rights, Kay S. Bruce
UC Law Journal
For centuries courts have faced theoretical, doctrinal, and practical difficulties in determining whether a third person may enforce a contract made by others for his benefit. Attempts by courts and scholars to formulate tests for determining third party rights have in most instances created as many problems as they have solved. The decision of the California Supreme Court in Martinez v. Socoma Companies not only exemplifies the myriad problems encountered by courts in determining third party beneficiary rights but also pointedly demonstrates the need for more workable decisionmaking criteria in this area of contract law.
Recent Standing Cases And A Possible Alternative Approach, Nicholas L. Lucich Jr.
Recent Standing Cases And A Possible Alternative Approach, Nicholas L. Lucich Jr.
UC Law Journal
Two recent United States Supreme Court cases on standing, Schlesinger v. Reservists Committee to Stop the War and United States v. Richardson, emphasize that a plaintiff does not have standing unless he has suffered a tangible and concrete injury. This note analyzes these cases and argues that the requirement of a concrete injury is inappropriate when a plaintiff challenges a violation of a statute or constitutional provision which was designed specifically to protect against intangible harm. The author suggests alternative standing guidelines which could help resolve this problem and other uncertainties in the law of standing.
Uniform Commercial Code Section 9-313: Time For Adoption In California, Monica R. Salusky
Uniform Commercial Code Section 9-313: Time For Adoption In California, Monica R. Salusky
UC Law Journal
In 1972 Article 9 of the Uniform Commercial Code was revised by its drafters. Included in this revision was a completely new version of section 9-313, the Code provision relating to fixtures. California accepted most of the modifications but declined to adopt section 9-313. The wisdom of the California decision is discussed by the author, who concludes that adoption of section 9-313 would have a salutary effect on the confused law of fixtures in California.
California Corporations Code Section 25530(B): Government Agency Suit Versus The Private Class Action, Steven L. Sumnick
California Corporations Code Section 25530(B): Government Agency Suit Versus The Private Class Action, Steven L. Sumnick
UC Law Journal
A growing number of governmental agencies are being given the power to seek relief for private individuals when violations of civil liability provisions of statutes have occurred. This note analyzes such a power as vested in the California commissioner of corporations by the 1968 California securities law, with particular emphasis given to determining the appropriate judicial course of action when both a government action and a private class action compete to obtain private relief.
Determining Class Maintainability In California, Karen J. Kubin
Determining Class Maintainability In California, Karen J. Kubin
UC Law Journal
In City of San Jose v. Superior Court, the California Supreme Court incorporated the class certification provision of Rule 23(c)(1) of the Federal Rules of Civil Procedure into California class action practice. The author examines how -the federal courts have construed Rule 23(c) (1), analyzes the practical aspects and underlying policy issues of the class determination, and suggests a method of procedure for California trial courts in light of this recent supreme court directive.
Effective Criminal Appellate Advocacy: Seeking Reversal By Concurrent Collateral And Direct Attacks In The Appellate Court, Gerald Z. Marer
Effective Criminal Appellate Advocacy: Seeking Reversal By Concurrent Collateral And Direct Attacks In The Appellate Court, Gerald Z. Marer
UC Law Journal
A lawyer's duty on an appeal from a criminal conviction is to present every arguable issue contained in the record on appeal. Often, however, evidence exists outside the record which, if it had been presented, might have produced a result more favorable to the defendant. The author argues, therefore, that the duty of an appellate attorney should be expanded to include a duty to investigate the entire case and, when necessitated by such investigation, to initiate collateral proceedings in order to bring any newly found information before the court.
Deferral Of Employee Rights To Arbitration: An Evolving Dichotomy By The Burger Court, Christiane Hyde Citron
Deferral Of Employee Rights To Arbitration: An Evolving Dichotomy By The Burger Court, Christiane Hyde Citron
UC Law Journal
Recent Supreme Court decisions have re-examined the traditional judicial deference paid to the resolution of labor disputes by binding arbitration. Both Title VII and the danger of occupational safety hazards have raised the question of the finality of final arbitration. Emporium purportedly removed the hitherto inconsistent attitude toward arbitration in these settings by its extension of traditional deference to final arbitration of Title VII issues. Nonetheless, it did not resolve the procedural-substantive distinctions the Court created in its earlier cases. This article examines those distinctions and their implications for the arbitrator's position.
Alexander V. Gardner-Denver And Deferral To Labor Arbitration, Stephen E. Cone, Karen H. Henry
Alexander V. Gardner-Denver And Deferral To Labor Arbitration, Stephen E. Cone, Karen H. Henry
UC Law Journal
In Alexander v. Gardner-Denver Co., the Supreme Court held that an employee was entitled to a trial de novo on a Title VII discrimination claim which also had been submitted to final and binding labor arbitration. The note analyzes the Alexander decision after first surveying the history and extent of deferral to labor arbitration by the NLRB and the courts. The conclusion is reached that Alexander is best viewed as a Title VII case defining Title VII rights, and that the Alexander decision does not represent a rejection of the national labor policy favoring the arbitration of labor disputes.
Beyond Tucker V. Lassen: The Future Of The Due-On-Sale Clause In California, Bernie Wolf
Beyond Tucker V. Lassen: The Future Of The Due-On-Sale Clause In California, Bernie Wolf
UC Law Journal
In Tucker v. Lassen Savings & Loan Association, the California Supreme Court ruled that a lender may not automatically enforce a due-on-sale clause when a trustor-obligor enters into an installment sale contract with a third party. The author discusses the Tucker decision and its impact on the future use of the due-on-sale clause in California, arguing that the Tucker test has broad applicability.
Indian Tribal Trust Funds, Nell Jessup Newton
Indian Tribal Trust Funds, Nell Jessup Newton
UC Law Journal
The government manages most Indian tribal money, much of which is kept in the Treasury at very low annual rates of return or at no interest at all. The Court of Claims and the Indian Claims Commission, traditional forums for the adjudication of Indian grievances, have adopted a narrow statutory rather than common law standard for the government in its role of trustee of Indian funds. Manchester Band of Pomo Indians, Inc. v. United States, a recent federal court decision, has applied strict fiduciary standards to the government. The note argues that this approach is more equitable and that the …
Or Of The Press, Potter Stewart
Introduction--Is Freedom Of The Press A Redundancy: What Does It Add To Freedom Of Speech, Melville B. Nimmer
Introduction--Is Freedom Of The Press A Redundancy: What Does It Add To Freedom Of Speech, Melville B. Nimmer
UC Law Journal
No abstract provided.
Branzburg V. Hayes And The Developing Qualified Privilege For Newsmen, James C. Goodale
Branzburg V. Hayes And The Developing Qualified Privilege For Newsmen, James C. Goodale
UC Law Journal
No abstract provided.
Commercial Speech And Paid Access To The Press, P. Cameron Devore, Marshall J. Nelson
Commercial Speech And Paid Access To The Press, P. Cameron Devore, Marshall J. Nelson
UC Law Journal
No abstract provided.
From Times V. Sullivan To Gertz V. Welch: Ten Years Of Balancing Libel Law And The First Amendment, James J. Brosnahan
From Times V. Sullivan To Gertz V. Welch: Ten Years Of Balancing Libel Law And The First Amendment, James J. Brosnahan
UC Law Journal
No abstract provided.
Chaos On The Citizens Band--Regulatory Solutions For Spectrum Pollution, Mark J. Meltzer
Chaos On The Citizens Band--Regulatory Solutions For Spectrum Pollution, Mark J. Meltzer
UC Law Journal
No abstract provided.
Remarks Of William O. Douglas, William O. Douglas
Remarks Of William O. Douglas, William O. Douglas
UC Law Journal
No abstract provided.
The Right To Travel And Exclusionary Zoning, Thomas Steel
The Right To Travel And Exclusionary Zoning, Thomas Steel
UC Law Journal
No abstract provided.