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UC Law Journal

Journal

1981

Articles 1 - 30 of 53

Full-Text Articles in Law

Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird Jan 1981

Sleight Of Handwriting: The Holographic Will In California, Gail Boreman Bird

UC Law Journal

No abstract provided.


Ibew V. Foust: A Hint Of Negligence In The Duty Of Fair Representation, Joshua Robert Steinhauer Jan 1981

Ibew V. Foust: A Hint Of Negligence In The Duty Of Fair Representation, Joshua Robert Steinhauer

UC Law Journal

No abstract provided.


Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry Jan 1981

Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry

UC Law Journal

No abstract provided.


Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr. Jan 1981

Mandatory Retirement Of Airline Pilots: An Analysis Of The Faa's Age 60 Retirement Rule, R. Michael Kasperzak Jr.

UC Law Journal

The Federal Aviation Administration's Age 60 Rule compels passenger airline pilots to retire at the age of sixty regardless of health or ability to continue flying. This Comment explores various aspects of the application of the Rule to pilots who fly commercial aircraft. The Comment first reviews the history of the Rule. The Comment then examines legal challenges to the Rule and legislative attempts to modify it. Finally, the Comment concludes that the Rule should be revoked in light of advances in medical and aeronautical technology.


The Constitutionality Of Business Regulation In The Burger Court: Revival And Restraint, Scott M. Reznick Jan 1981

The Constitutionality Of Business Regulation In The Burger Court: Revival And Restraint, Scott M. Reznick

UC Law Journal

Historically, the Supreme Court has followed one or another extreme view of the constitutionality of business regulation. This Article categorizes and reviews the Burger Court's significant business regulation decisions according to an analysis of the market economy functions served by the regulation in question. The Article demonstrates that the Burger Court, unlike its predecessors, has employed several standards of review. The Article concludes that the Burger Court has developed a manageable and relatively consistent analytical methodology, rooted in prevailing political economic values, to establish its view of the constitutional relationship between private property and the public welfare.


Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso Jan 1981

Appeals In Federal Courts By Prosecuting Entities Other Than The United States: The Plain Meaning Rule Revisited, R. Randall Kelso, C. Kevin Kelso

UC Law Journal

In Arizona ;. Manypenny, the United States Supreme Court held that the federal appeals statute, 28 United States Code section 1291, permits appeals by a state prosecutor in federal court if such appeals are authorized by state law. This Article examines the need for an integrated theory of statutory interpretation to resolve the issue of whether states and territories have a right to appeal in federal court. The Article then addresses the broader issue raised by Manypenny: when should the plain meaning rule be applied and a statutes plain meaning adopted? The Article concludes by offering a comprehensive scheme of …


The Federal Antitrust Laws And Radius Clauses In Shopping Center Leases, Adrienne J. Marsh Jan 1981

The Federal Antitrust Laws And Radius Clauses In Shopping Center Leases, Adrienne J. Marsh

UC Law Journal

No abstract provided.


The Principle Of Equal Protection, Michael J. Perry Jan 1981

The Principle Of Equal Protection, Michael J. Perry

UC Law Journal

No abstract provided.


The Strengths And Weaknesses Of The Mcdonnell Douglas Formula In Jury Actions Under The Adea, Mark I. Schickman Jan 1981

The Strengths And Weaknesses Of The Mcdonnell Douglas Formula In Jury Actions Under The Adea, Mark I. Schickman

UC Law Journal

No abstract provided.


The Class Action Suit Under The Age Discrimination In Employment Act: Current Status, Controversies, And Suggested Clarifications, James D. Lipschultz Jan 1981

The Class Action Suit Under The Age Discrimination In Employment Act: Current Status, Controversies, And Suggested Clarifications, James D. Lipschultz

UC Law Journal

No abstract provided.


The Deviating Ship, Steven F. Friedell Jan 1981

The Deviating Ship, Steven F. Friedell

UC Law Journal

No abstract provided.


The 1979 Amendments To The Speedy Trial Act: Death Of The Planning Process, Robert L. Misner Jan 1981

The 1979 Amendments To The Speedy Trial Act: Death Of The Planning Process, Robert L. Misner

UC Law Journal

No abstract provided.


The California Constitution And The California Supreme Court In Conflict Over The Harmless Error Rule, Angus M. Macleod Jan 1981

The California Constitution And The California Supreme Court In Conflict Over The Harmless Error Rule, Angus M. Macleod

UC Law Journal

No abstract provided.


Damages For Unlawful Strikes Under The Railway Labor Act, Dennis Alan Arouca Jan 1981

Damages For Unlawful Strikes Under The Railway Labor Act, Dennis Alan Arouca

UC Law Journal

No abstract provided.


The Battered Wife's Dilemma: To Kill Or To Be Killed, Loraine Patricia Eber Jan 1981

The Battered Wife's Dilemma: To Kill Or To Be Killed, Loraine Patricia Eber

UC Law Journal

No abstract provided.


Foreword, John L. Burton Jan 1981

Foreword, John L. Burton

UC Law Journal

No abstract provided.


Statistics As Evidence Of Age Discrimination, Gregory L. Harper Jan 1981

Statistics As Evidence Of Age Discrimination, Gregory L. Harper

UC Law Journal

No abstract provided.


Reflections On Conflict-Of-Laws Methodology, Donald T. Trautman Jan 1981

Reflections On Conflict-Of-Laws Methodology, Donald T. Trautman

UC Law Journal

No abstract provided.


Reflections On Conflict-Of-Laws Methodology, Peter Hay Jan 1981

Reflections On Conflict-Of-Laws Methodology, Peter Hay

UC Law Journal

No abstract provided.


Single-Family Zoning: Ramifications Of State Court Rejection Of Belle Terre On Use And Density Control, Linda M. Grady Jan 1981

Single-Family Zoning: Ramifications Of State Court Rejection Of Belle Terre On Use And Density Control, Linda M. Grady

UC Law Journal

No abstract provided.


Johns-Manville Products Corp. V. Superior Court: The Not-So-Exclusive Remedy Rule, Karl Olson Jan 1981

Johns-Manville Products Corp. V. Superior Court: The Not-So-Exclusive Remedy Rule, Karl Olson

UC Law Journal

Should a worker who is the victim of an intentional tort be able to sue his or her employer? In Johns-Manville Products Corp. v. Superior Court, the California Supreme Court held that, although workers' compensation is the exclusive remedy for initial injuries suffered by an asbestos worker whose employer allegedly concealed the dangers of his job, the employee could sue for aggravation of his injuries caused by the alleged fraudulent concealment of the disease and its cause. This Comment examines the exclusivity of the workers' compensation remedy in California. The Comment concludes that the Johns-Manville court should have allowed employees …


A Proposal To Revise The Forms Of California Summons, Barry A. Abbott, Agustin Medina Jr. Jan 1981

A Proposal To Revise The Forms Of California Summons, Barry A. Abbott, Agustin Medina Jr.

UC Law Journal

This Commentary examines the summons form currently in use in California and suggests that a more intelligible summons is necessary if legally unsophisticated individuals are to be made fully aware of the legal options and consequences that confront them.


Nlrb V. Yeshiva University: The Professional-Managerial Overlap, Susan Grody Jan 1981

Nlrb V. Yeshiva University: The Professional-Managerial Overlap, Susan Grody

UC Law Journal

No abstract provided.


In Memoriam Wiley W. Manuel, Raymond L. Sullivan Jan 1981

In Memoriam Wiley W. Manuel, Raymond L. Sullivan

UC Law Journal

No abstract provided.


Capital Gains And Losses--The Sale Or Exchange Requirement, Boris I. Bittker Jan 1981

Capital Gains And Losses--The Sale Or Exchange Requirement, Boris I. Bittker

UC Law Journal

No abstract provided.


Federal Regulation Of Discretionary Commodity Accounts, Rachel Brandenburg Baker Jan 1981

Federal Regulation Of Discretionary Commodity Accounts, Rachel Brandenburg Baker

UC Law Journal

No abstract provided.


Radiation Injury And The Atomic Veteran: Shifting The Burden Of Proof On Factual Causation, Allan Favish Jan 1981

Radiation Injury And The Atomic Veteran: Shifting The Burden Of Proof On Factual Causation, Allan Favish

UC Law Journal

No abstract provided.


Foreword, Claude Pepper Jan 1981

Foreword, Claude Pepper

UC Law Journal

No abstract provided.


Mere Party And The Magic Mirror: California's First Lower Federal Judicial Appointments, Kermit L. Hall Jan 1981

Mere Party And The Magic Mirror: California's First Lower Federal Judicial Appointments, Kermit L. Hall

UC Law Journal

No abstract provided.


A Balanced Approach To Affirmative Action Discovery In Title Vii Suits, Lynne Charlotte Hermle Jan 1981

A Balanced Approach To Affirmative Action Discovery In Title Vii Suits, Lynne Charlotte Hermle

UC Law Journal

No abstract provided.