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Full-Text Articles in Law
Gag Orders On Criminal Defendants, Ellen O. Pfaff
Gag Orders On Criminal Defendants, Ellen O. Pfaff
UC Law Journal
A gag order on a criminal defendant infringes the accused's first amendment rights in the name of his sixth amendment freedoms. The author examines the possible justifications for such an infringement of the accused's rights in free speech. The note also addresses the substantive and procedural safeguards necessary before a gag order can be issued to proscribe the speech of the defendant.
Albermarle Paper Company V. Moody: The Aftermath Of Griggs And The Death Of Employee Testing, James G. Johnson
Albermarle Paper Company V. Moody: The Aftermath Of Griggs And The Death Of Employee Testing, James G. Johnson
UC Law Journal
The Supreme Court in Albemarle held that the company's employee testing practices violated Title VII of the Civil Rights Act of 1964. In its decision, the Court gave great deference to the Equal Employment Opportunity Commission's Guidelines on Employee Selection Procedures. The author argues that the effect of the decision is to mandate strict compliance with the guidelines' specific and complex procedures on test validation. In so mandating, the author contends, the Court has signaled an end to the use of employee testing as an aid in hiring and promotion decisions.
Federal Grand Juries V. Attorney Independence And The Attorney-Client Privilege, Matthew Zwerling
Federal Grand Juries V. Attorney Independence And The Attorney-Client Privilege, Matthew Zwerling
UC Law Journal
The author describes the recent misuse of federal grand juries, focusing on the consequent threat to the independence of the bar, and urges courts to protect vigorously the attorney-client privilege from prosecutorial manipulation.
Making The Constable Culpable: A Proposal To Improve The Exclusionary Rule, Alys Rae Boker, Carol A. Corrigan
Making The Constable Culpable: A Proposal To Improve The Exclusionary Rule, Alys Rae Boker, Carol A. Corrigan
UC Law Journal
Responding to the shortcomings of the exclusionary rule, the authors propose the creation of an agency to impose sanctions on police who violate the fourth amendment, and they argue that an administrative remedy would be an effective substitute for the existing rule.
Expanding The Products Liability Of Successor Corporations, James A. Barringer
Expanding The Products Liability Of Successor Corporations, James A. Barringer
UC Law Journal
Under present law, a purchaser of the assets of a manufacturer is able to avoid liability for the defective products of its predecessor if the sale is properly structured. Such avoidance of products liability can occur even when the successor continues to manufacture and market the identical product. This result is at odds with the public policies underlying products liability law. In order to reflect those policies in asset sales, the author suggests that the corporate law rules governing the assumption of predecessor liability be supplemented by a new rule akin to vicarious liability.
Struggling With California's Kidnapping To Commit Robbery Provision, Bruce D. Bickel
Struggling With California's Kidnapping To Commit Robbery Provision, Bruce D. Bickel
UC Law Journal
Section 209 of the California Penal Code prescribes the aggravated kidnapping offense of "kidnapping to commit robbery." In People v. Daniels, the California Supreme Court reconsidered the legislative intent underlying section 209 and promulgated a new judicial interpretation of "kidnapping to commit robbery." Whether an act constitutes this offense is now determined by a judicially developed two-prong test. This note analyzes the Daniels decision, criticizes the two-prong test for its deviations from the rationale expressed in Daniels, and proposes an alternative method of determining whether an act constitutes kidnapping for robbery.
Teacher Dismissals Under Section 13447 Of The California Education Code, Nancy Ozsogomonyan
Teacher Dismissals Under Section 13447 Of The California Education Code, Nancy Ozsogomonyan
UC Law Journal
To cope with declining enrollment and unremitting financial problems, California school districts are increasingly forced to opt for large-scale teacher dismissals. The majority of these dismissals are invalidated because of failure to implement properly the complicated and ambiguous requirements of section 13447. This note analyzes the statute and its application by the courts, examines the difficulties of compliance, and proposes interpretative and legislative changes which would result in a more clearly defined standard for implementation and a more workable law.
The Refrigerator Of Bernard Buffet, John Henry Merryman
The Refrigerator Of Bernard Buffet, John Henry Merryman
UC Law Journal
What remedies are available to an artist whose creation, a decorated refrigerator, is dismantled by its purchaser and sold panel by panel? Professor Merryman discusses this and other legal problems that artists face, analyzes the application to these problems of the civil law concept of the artist's moral right, and discusses the possible adaptation of such a right to the American legal system.
Unesco-Centered Management Of International Conflict Over Cultural Property, James A. R. Nafziger
Unesco-Centered Management Of International Conflict Over Cultural Property, James A. R. Nafziger
UC Law Journal
One dispute arising out of the 1967 Arab-Israeli war centered on Israeli archaeological excavations in occupied Jerusalem. UNESCO's response to this problem was to attempt to prohibit any excavations in Jerusalem. The author analyzes UNESCO's response and suggests that supervision, not prohibition, should have been the thrust of UNESCO's involvement.
Introduction: Why Do We Care About Art?, Albert Elsen
Introduction: Why Do We Care About Art?, Albert Elsen
UC Law Journal
In his introduction to this symposium on art and the law, Professor Elsen casts an art historian's glance over the contributions of our authors.
Controlling The Artful Con: Authentication And Regulation, Leonard D. Duboff
Controlling The Artful Con: Authentication And Regulation, Leonard D. Duboff
UC Law Journal
The author discusses forgeries of art works, examines methods of detection, and analyzes existing legislation designed to protect art purchasers. He offers proposals which would further protect art customers and reduce the incidence of art fraud.
International Law And The Protection Of Cultural Property In Armed Conflicts, Stanislaw E. Nahlik
International Law And The Protection Of Cultural Property In Armed Conflicts, Stanislaw E. Nahlik
UC Law Journal
Unnoticed victims of any war are the future generations deprived of the opportunity to view artworks needlessly destroyed in the conflict Focusing on the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, Professor Nahlik discusses the protection which international law gives to works of art.
Legislative Models Of Protection Of Cultural Property, Halina Niec
Legislative Models Of Protection Of Cultural Property, Halina Niec
UC Law Journal
Nations have adopted a variety of measures designed to preserve objects that are part of their cultural heritage. Professor Niec surveys the statutes enacted in several countries and compares their advantages and disadvantages.
Insuring Museum Exhibitions, Irving Pfeffer
Insuring Museum Exhibitions, Irving Pfeffer
UC Law Journal
The author presents evidence indicating that museum insurance rates have been grossly excessive and could be reduced by competition and greater risk management awareness. Commercial insurance substitutes, such as government indemnity schemes and reciprocal agreements between museums, are also discussed as means of reducing costs for major international exhibitions.
The Euphronios Krater At The Metropolitan Museum: A Question Of Provenance, Ashton Hawkins
The Euphronios Krater At The Metropolitan Museum: A Question Of Provenance, Ashton Hawkins
UC Law Journal
Subsequent to the purchase in 1972 of a rare vase by The Metropolitan Museum of Art, a controversy arose concerning its origin. Criticism of the museum centered on allegations that the vase had recently been illegally excavated in and removed from Italy. The museum maintained throughout the controversy that the vase had been privately owned for over fifty years. The author examines both sides of the dispute and concludes that the museum's finding of private ownership, originally made at the time of purchase, is still correct.
State Arts Councils: Some Items For A New Agenda, Monroe E. Price
State Arts Councils: Some Items For A New Agenda, Monroe E. Price
UC Law Journal
Advocating an active role for the state in promoting the arts, Professor Price surveys current government involvement in the arts and suggests numerous provocative innovations.
The Antitrust Implications Of Network Television Programming, Karen J. Kubin
The Antitrust Implications Of Network Television Programming, Karen J. Kubin
UC Law Journal
The three major television networks are the targets of antitrust suits brought by the Justice Department to challenge program procurement practices under sections 1 and 2 of the Sherman Act. The author examines the challenged network practice against the framework of the antitrust laws, explores the applicability of the antitrust laws to television as a regulated industry, and assesses the possible outcome of the suits on the merits.
The Primary Duty Rule In Admiralty, David Gray Carlson
The Primary Duty Rule In Admiralty, David Gray Carlson
UC Law Journal
Comparative negligence rather than common law contributory negligence has been the law in admiralty personal injury actions since before the turn of the century. The federal courts, however, have been entertaining the possibility of a major exception called the primary duty rule, whereby plaintiffs negligence, if it is also a breach of an employment duty, is a complete defense to a Jones Act and unseaworthiness action. The author examines the precedents for this exception and concludes that the existence of the primary duty rule is justified by neither history nor logic.
The Grand Jury: Representative Or Elite, Jon Van Dyke
The Grand Jury: Representative Or Elite, Jon Van Dyke
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.
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.
California Taxpayers' Suits: Suing State Officers Under Section 526a Of The Code Of Civil Procedure, Steven Mains
California Taxpayers' Suits: Suing State Officers Under Section 526a Of The Code Of Civil Procedure, Steven Mains
UC Law Journal
No abstract provided.
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.
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.
Public Utility Debt Securities: A Transaction Exempt From The Usury Law, Richard D. Gravelle, Ira R. Alderson Jr.
Public Utility Debt Securities: A Transaction Exempt From The Usury Law, Richard D. Gravelle, Ira R. Alderson Jr.
UC Law Journal
The California Public Utilities Commission was recently presented with applications from two public utilities requesting approval of bond offerings carrying an interest rate greater than that prescribed by California's usury laws. The authors comment on the solutions proposed by the utilities to prevent application of the usury laws to their offerings, and discuss the Commission's ruling that the offerings were not subject to the proscriptions of the usury laws.
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.
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 …
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.