Law Commons^™

Clean Up Your Act, Alan Ramo

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No abstract provided.

Advancing Tolerance And Equality Using State Constitutions: Are The Boy Scouts Prepared?, Rachel A. Van Cleave

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The traditional United States Supreme Court analysis for determining whether a group may exclude people from membership on the basis of sexual orientation involves a series of either/or choices. For example, in the context of the exclusion of homosexuals by the Boy Scouts of America, one issue is whether the Boy Scouts is a "public accommodation.' Another issue is whether homosexuals constitute a protected class. This Article argues that independent state constitutional analysis of this issue provides an opportunity to avoid the narrowing effects of the traditional dichotomies, and that courts should directly consider the interests of the parties. In …

Asian Law Journal Symposium On Labor And Immigration, Hina Shah

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No abstract provided.

Sovereignty And Ecology: An Introduction To The Issue, Paul Stanton Kibel

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No abstract provided.

Disclosing Personal Data In Real Estate Deals, Roger Bernhardt

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This article discusses disclosure in real estate transactions. In California, residential sales and lease contracts must contain large-print notice as to how to obtain information about registered sex offenders. At the same time, Civil Code 1710.2 restricts disclosure of AIDS.

The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner

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No abstract provided.

The Role Of United States Federal Courts In Extradition Matters: The Rule Of Non-Inquiry, Preventive Detention And Comparative Legal Analysis, Rachel A. Van Cleave

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This paper argues that applying the rule of non-inquiry to the issue of whether the requested person has been charged is analytically incorrect where the relevant treaty defines as extraditable persons who have been charged or convicted of certain offenses, thus requiring a judicial determination as to whether the person requested has been charged as part of the initial inquiry into extraditability. By contrast, the rule of non-inquiry is typically used to reject arguments of persons who are otherwise extraditable. This issue has not received much analysis perhaps because federal courts are reluctant to look beyond an arrest warrant issued …

Evolution Of International Law: Thailand's Experience At The Threshold Of The Third Millennium, Sompong Sucharitkul

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In the ensuing pages, an endeavor will be made to ascertain the actual existence, if any, of "perspectives" which can be said to be typically "Asian" in the perception of international law. The exercise will be based on historical facts tending to indicate that "A part of Asia had escaped grosso modo the work of direct European domination." The question to be examined is whether the evolution of contemporary international law presents any specific challenges for one of the oldest Kingdoms of the world, THAILAND or SIAM, as we know it today, and as the European had preferred to call …

Must Jury Instructions Clearly Explain The Consequences Of Jury's Failure To Reach A Unanimous Verdict As To Either Life Imprisonment Or Death?, Rachel A. Van Cleave

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No abstract provided.

Introduction To The Northern Kentucky Law Review Products Liability Symposium 1999, David Franklyn

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Introduction to the Northern Kentucky Law Review Products Liability Symposium 1999.

The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David Franklyn

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In this Article, I argue that trademark licensors should be subjected to liability under the apparent manufacturer doctrine in two situations: (1) when a licensor induces consumers to believe the licensor manufactured the product, or (2) when a licensor induces consumers to believe that the licensor controlled the standards or specifications for manufacturing the product. Under either prong of the proposed test, a plaintiff would be required to show that a reasonable consumer of the licensed product would have relied on the trademark in the requisite manner. Once the plaintiff makes this showing, courts would then presume that the actual …

Using Federal Property Rights Laws For Environmental Justice, Colin Crawford

Publications

The late Ralph Santiago Abascal, who worked for years out of California Rural Legal Services and became one of the most admired legal service attorneys of his generation, was co-counsel in a celebrated environmental justice victory, El Pueblo Para Aqua y Aire Limpio v. County of Kings. El Pueblo successfully blocked the proposed siting of a hazardous waste incinerator by holding that the project's proponents had not translated the public review documents into Spanish in a majority monolingual Spanish-speaking community. Despite this victory, however, Abascal later observed, "The handful of reported environmental justice cases that have raised civil rights claims …

National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel

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This Dialogue attempts to place the conflict between the principles of negative externalities and comparative advantage in a less theoretical context. To that end, the author examines the relationship between national incentives to protect natural resources and international trade rules that seek to restrict the use of natural resource subsidies. The author further evaluates the extent to which the international trade rules account for the problem of negative externalities, and the extent to which the rules recognize the potentially effective role that national incentive programs can play in correcting market failures. From this evaluation, the author concludes that the legitimacy …

How To Reduce Lead Exposures With One Simple Statute: The Experience Of Proposition 65, Clifford Rechtschaffen

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Human exposure to lead is one of the most serious environmental health threats today. Lead causes a variety of adverse health effects and is particularly harmful to children. Unfortunately, the current regulation of lead exposures is fragmented and often unsuccessful. California's Proposition 65, a right-to-know initiative, however, has achieved some noteworthy successes in reducing public exposures to lead. Proposition 65 has spurred faster and more significant lead reductions than federal law by prompting companies to reformulate products and change their manufacturing processes. This Article first discusses the hazards and uses of lead. The author next describes several instances that demonstrate …

Nineteenth-Century Orthodoxy, Richard B. Collins

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No abstract provided.

Dedication: Professor Albert E. Utton (1931-1998), David H. Getches

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No abstract provided.

Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein

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In approving settlements of derivative actions that include fees for plaintiff's attorney, courts typically announce that attorney's fees are approved if a substantial benefit is obtained. In fact, courts, particularly Delaware courts, approve settlements in shareholder derivative actions that included substantial fees for plaintiff's attorney, despite the absence of a corresponding benefit to the corporation. Frequently, the "benefit" obtained is a reform in corporate governance, which is of dubious value to the corporation. To deter frivolous litigation, courts should resist the temptation to approve these settlements just to dispose of the litigation. The paper concludes that fees should not be …

Three's A Crowd: Law, Literature, And Truth, Marianne Wesson

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No abstract provided.

Muddling Along With The Federal Wealth Transfer Tax: A Survey Of Practitioners And Law School Professors, Wayne M. Gazur

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Recent efforts to repeal the wealth transfer tax system have prompted enormous discussion. In this Article, the author presents the results of his survey of members of the American Bar Association Real Property, Probate and Law Section about this issue and other reforms which have been enacted or suggested.

Lies And Law, Robert F. Nagel

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No abstract provided.

A Central Filing System For Financing Statements, Arthur H. Travers Jr., John L. Mccabe

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No abstract provided.

Do They Practice What We Teach?: A Survey Of Practitioners And Estate Planning Professors, Wayne M. Gazur

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This article presents the results of a 1998 mail survey sent to members of the American Bar Association Real Property, Probate & Trust Law Section and to law professors teaching estate planning. The principal goal of the survey was to compare the opinions of practitioners and law professors concerning the importance of 31 estate planning issues and techniques. The survey also included an open-ended solicitation of issues deemed significant by the participant.

The survey found consistency between practitioner and professor responses with respect to techniques such as Crummey planning. Legal education appears to be effective in dealing with core principles. …

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

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No abstract provided.

Rethinking Statutory Antiwaiver Provisions Following The Lloyd's Of London Litigation, Mark J. Loewenstein

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In the Lloyd's of London cases, the United States Courts of Appeals upheld certain forum-selection clauses that effectually deprived investors of the protections of the federal securities laws as if the investors had expressly waived those protections. This article examines statutory antiwaiver provisions in light of the Lloyd's cases, exploring the effect those provisions have on the administration of the federal securities laws, and suggests that the law be amended to allow contractual waiver in certain circumstances.

Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter

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According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …

Tricky Magic: Blacks As Immigrants And The Paradox Of Foreignness, Lolita K. Buckner Inniss

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Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the "outsider." Many whites could look at the social position of blacks and feel that color formed an easy and reliable gauge for determining to what extent one was or was not American. Perhaps that is why one of the first epithets that many …

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

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No abstract provided.

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

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No abstract provided.

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

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No abstract provided.

No Vehicles In The Park, Pierre Schlag

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No abstract provided.