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Articles 7981 - 8010 of 8885
Full-Text Articles in Law
The Law Must Reflect The New Image Of Women, Martha W. Griffiths
The Law Must Reflect The New Image Of Women, Martha W. Griffiths
UC Law Journal
No abstract provided.
Help-Wanted Advertising--Everywoman's Barrier, Elizabeth Boyer
Help-Wanted Advertising--Everywoman's Barrier, Elizabeth Boyer
UC Law Journal
No abstract provided.
And Then There Were Two, Marija Matich Hughes
How Much Of A Partnership Is Marriage, Isabella H. Grant
How Much Of A Partnership Is Marriage, Isabella H. Grant
UC Law Journal
No abstract provided.
Marital Violence: The Legal Solutions, Elizabeth Truninger
Marital Violence: The Legal Solutions, Elizabeth Truninger
UC Law Journal
No abstract provided.
Union Liability For Sex Discrimination, Donald F. Fischbach
Union Liability For Sex Discrimination, Donald F. Fischbach
UC Law Journal
No abstract provided.
Abortions For Poor And Nonwhite Women: A Denial Of Equal Protection, Alan Charles, Susan Alexander
Abortions For Poor And Nonwhite Women: A Denial Of Equal Protection, Alan Charles, Susan Alexander
UC Law Journal
No abstract provided.
The Reach Toward England--Hawaii's Long-Arm Jurisdiction, Warren Price Iii
The Reach Toward England--Hawaii's Long-Arm Jurisdiction, Warren Price Iii
UC Law Journal
Duple Motor Bodies Ltd. v. Hollingsworth afforded the Ninth Circuit an opportunity to apply the Hawaii long-arm statute in a products liability action brought in federal court by an Hawaiian plaintiff against a corporate defendant domiciled in England. The majority upheld the district court's in personam jurisdiction over the defendant, in a decision sharply criticized by a dissenting judge for its asserted overextension of the minimum contacts concept and disregard of convenience factors.
The Ninth Circuit Abandons M'Naghten, Stephen A. Mcfeely
The Ninth Circuit Abandons M'Naghten, Stephen A. Mcfeely
UC Law Journal
United States v. Wade was an en banc hearing in which the Ninth Circuit decided, by a one-vote majority, to discard the antique M'Naghten insanity test in favor of the "substantial capacity" test formulated by the American Law Institute. The dissenting judges expressed deep concern that the new test would greatly increase acquittals by reason of insanity-a serious problem in view of the current lack of federal post-acquittal commitment legislation.
A Criminal Antitrust Prosecution Of Both Partner And Partnership--The Entity Theory And Double Jeopardy, Lee A. Chilcote
A Criminal Antitrust Prosecution Of Both Partner And Partnership--The Entity Theory And Double Jeopardy, Lee A. Chilcote
UC Law Journal
In Western Laundry & Linen Co. v. United States the Ninth Circuit addressed itself to the defendant's contention that the district court had imposed double punishment by fining him and the partnership of which he was a member following criminal convictions for violations of the Sherman Act. In an opinion that seemed to leave several problems unresolved, the majority rejected the claim of double punishment.
Selective Service Appellate Practice--Expansion Of Judicial Review, Stephen H. Pettigrew
Selective Service Appellate Practice--Expansion Of Judicial Review, Stephen H. Pettigrew
UC Law Journal
United States v. Atherton involved a local draft board's denial, on erroneous legal grounds, of a registrant's application to be classified as a conscientious objector. The Selective Service Appeals Board affirmed the local board's decision without comment. The Ninth Circuit reversed the administrative classification decision despite the apparent existence of a basis in fact in the record for doubting the sincerity of the registrant's conscientious opposition to military service.
Habeas Corpus To Secure Release From Military Service--Retroactive Application Of Gutknecht V. United States, James R. Thompson
Habeas Corpus To Secure Release From Military Service--Retroactive Application Of Gutknecht V. United States, James R. Thompson
UC Law Journal
In Andre v. Resor the United States District Court for the Northern District of California granted the habeas petition of an Army enlisted man whose induction had been accelerated pursuant to the delinquency regulations held invalid by the Supreme Court in Gutknecht v. United States. The Andre decision-the first to apply Gutknecht retroactively in a civil habeas corpus proceeding-is now on appeal.
Title To Accrued Vacation Pay: The Bankrupt's Or The Trustee's In Bankruptcy, Lee A. Chilcote
Title To Accrued Vacation Pay: The Bankrupt's Or The Trustee's In Bankruptcy, Lee A. Chilcote
UC Law Journal
In Frederick v. Lines, subsequently affirmed in a memorandum decision by the Supreme Court, the Ninth Circuit determined that title to a bankrupts accrued vacation pay significantly affects the bankrupt's ability to make an unencumbered fresh start, and therefore should not vest in the trustee.
The Amendment Of Rule 3: The Ninth Circuit's New Rule For Screening Oral Argument, Fredrick Siegrist
The Amendment Of Rule 3: The Ninth Circuit's New Rule For Screening Oral Argument, Fredrick Siegrist
UC Law Journal
This Note forecasts the practical operation and effects of the Ninth Circuit's newest and potentially most effective docket-control procedure- a "screening" rule which enables the court to dispose of numerous appeals without hearing oral argument.
Developing Jurisdictional Standards For State Taxation Of Multistate Corporate Net Income, Berndt Lohr-Schmidt
Developing Jurisdictional Standards For State Taxation Of Multistate Corporate Net Income, Berndt Lohr-Schmidt
UC Law Journal
No abstract provided.
Application Of The Exhaustion Rule In Selective Service Cases, J. Kendrick Kresse
Application Of The Exhaustion Rule In Selective Service Cases, J. Kendrick Kresse
UC Law Journal
Lockhart v. United States presented the question whether the defendant, who failed to take an administrative appeal from the local draft board's decision denying his conscientious objector application, should be foreclosed from challenging his classification in a subsequent criminal prosecution for draft refusal. The Ninth Circuit, sitting en banc, held that the exhaustion of remedies rule applied, notwithstanding the defendant's unawareness that bypassing the administrative appeal would deprive him of the right to raise a valid defense to the criminal prosecution.
Parens Patriae Action Under Section Four Of The Clayton Act, Darrel Knudtson
Parens Patriae Action Under Section Four Of The Clayton Act, Darrel Knudtson
UC Law Journal
Hawaii v. Standard Oil Co. presented a question of first impression: Whether a state, in its capacity as parens patriae, may maintain a private antitrust action under Section 4 of the Clayton Act to recover treble damages for injury to its general economy. Although Hawaii appears to be on solid ground in its assertion that it has an interest separate and distinct from its citizens, the Ninth Circuit held that injury to the general economy is too remote and indirect to give the state standing to sue and is not "injury to business or property" within the meaning of the …
The Widow's Election In California: Is She A Purchaser Or A Beneficiary, Mike Soumbeniotis
The Widow's Election In California: Is She A Purchaser Or A Beneficiary, Mike Soumbeniotis
UC Law Journal
In United States v. Gist the taxpayer's deceased husband had left a will directing that both his and his wife's shares of their community property be transferred to a trust, income from which was payable to the taxpayer for life, remainder to their children. The taxpayer claimed an amortization deduction for the cost basis of her life income interest on the theory that she had purchased this interest in exchange for the remainder interest in her share of the community property. The Ninth Circuit agreed, thereby perpetuating the confusion which abounds in applying contractual concepts of consideration throughout the law …
Indemnity Revisited: Insurance Of The Shifting Risk, Scott Conley, George Sayre
Indemnity Revisited: Insurance Of The Shifting Risk, Scott Conley, George Sayre
UC Law Journal
The expanding principle of indemnity has made it possible for tort-feasors to reallocate their risks and resulting liability. Discussing recent California decisions, the authors suggest the circumstances under which this concept may be applied.
The Commerce Requirement Of The Robinson-Patman Act, Peter W. Marshall
The Commerce Requirement Of The Robinson-Patman Act, Peter W. Marshall
UC Law Journal
No abstract provided.
A Private Right Of Action Under Section Five Of The Federal Trade Commission Act, Allan Bruce Currie
A Private Right Of Action Under Section Five Of The Federal Trade Commission Act, Allan Bruce Currie
UC Law Journal
No abstract provided.
The Intake Process In The Affluent County Juvenile Court, Elyce Zenoff Ferster, Thomas F. Courtless
The Intake Process In The Affluent County Juvenile Court, Elyce Zenoff Ferster, Thomas F. Courtless
UC Law Journal
Of all juveniles who are arrested, less than half appear before a judge; the rest are informally handled by juvenile intake workers. The authors describe the structure of the juvenile intake process, analyze the criteria used to determine which cases will be handled informally, and propose changes in the system.
The Territorial Principle In Criminal Law, Rollin M. Perkins
The Territorial Principle In Criminal Law, Rollin M. Perkins
UC Law Journal
Under the territorial theory of criminal jurisdiction, the nation on whose ground the crime was committed had jurisdiction of the offense. The author analyzes the historical development of this principle, its expansion by statute, and its possible application to space age problems.
New York's Expanding Empire In Tort Jurisdiction: Quo Vadis, Richard V. Carpenter
New York's Expanding Empire In Tort Jurisdiction: Quo Vadis, Richard V. Carpenter
UC Law Journal
In Miller v. Miller the New York Court of Appeals held that New York law applied in a case which had minimum contacts with the Empire State. In criticizing the decision, the author questions its constitutionality and suggests New York has gone too far in its total repudiation of the lex loci delicti rule.
Compensation And The California Guest Statute: Updating The Tangible Benefit And Motivation Tests, Daniel J. Kelly
Compensation And The California Guest Statute: Updating The Tangible Benefit And Motivation Tests, Daniel J. Kelly
UC Law Journal
The California Vehicle Guest Statute does not protect the driver of the car from ordinary negligence liability if his passenger has paid compensation for his transportation. The author analyzes the nature of the compensation and the necessity for a connection between the payment and the ride.
Consolidation And Transfer In The Federal Courts: 28 U.S.C. Section 1407 Viewed In Light Of Rule 42(A) And 28 U.S.C. Section 1404(A), Gregory R. Harris
Consolidation And Transfer In The Federal Courts: 28 U.S.C. Section 1407 Viewed In Light Of Rule 42(A) And 28 U.S.C. Section 1404(A), Gregory R. Harris
UC Law Journal
No abstract provided.
Limitations On The Applicability Of The Felony-Murder Rule In California, Joan Graham
Limitations On The Applicability Of The Felony-Murder Rule In California, Joan Graham
UC Law Journal
No abstract provided.
Retaliatory Eviction As A Defense To Unlawful Detainer--Alternative Approaches, Raymond G. Ellis
Retaliatory Eviction As A Defense To Unlawful Detainer--Alternative Approaches, Raymond G. Ellis
UC Law Journal
No abstract provided.
California Code Of Civil Procedure Section 731(A): Denial Of Private Injunctive Relief From Air Pollution, R. Vern Mcdade
California Code Of Civil Procedure Section 731(A): Denial Of Private Injunctive Relief From Air Pollution, R. Vern Mcdade
UC Law Journal
No abstract provided.
Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.
Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.
Faculty Scholarship
No abstract provided.