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Full-Text Articles in Law
From Garden Apartments To Cattle To Pistachio Groves: Regulating Tax Shelters In California, Brian R. Van Camp
From Garden Apartments To Cattle To Pistachio Groves: Regulating Tax Shelters In California, Brian R. Van Camp
McGeorge Law Review
Because the number of investors purchasing tax sheltered investment programs has increased so significantly in recent years, California has begun to more closely scrutinize the sale of these interests. Since such programs qualify as securities, they are governed by the Corporate Securities Law of California, which requires that a permit be obtained from the Commissioner of Corporations certifying that the public offering is fair, just, and equitable. In this article Brian Van Camp, California's Commissioner of Corporations, reviews the administration of the laws and regulations governing the various tax shelter investments and points out the kinds of factors which the …
California Appellate Court Reform--A Second Look, Seth M. Hufstedler
California Appellate Court Reform--A Second Look, Seth M. Hufstedler
McGeorge Law Review
Most commentators familiar with the administrative pressures placed upon the appellate process in California, due to the massive number of cases appealed from trial court determinations, are in agreement that substantial reform of the appellate system, in one manner or another, is of practical necessity. A debate, however, has arisen with respect to the precise form such revision ought to assume. In 1972, a special committee of the California State Bar, chaired by Mr. Hufstedler, proposed comprehensive restructuring of the appellate system. That proposal suggested, inter alia, that appellate review be divided between cases appealed for a "review for correctness" …
Editorial Board, University Of The Pacific; Mcgeorge School Of Law
Editorial Board, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
The Uniform Residential Landlord And Tenant Act: Effect Of Adoption On California Law, David W. Van Horne
The Uniform Residential Landlord And Tenant Act: Effect Of Adoption On California Law, David W. Van Horne
McGeorge Law Review
In response to the current criticism of the inequity and inefficiency characteristic of landlord-tenant law, the National Conference of Commissioners on Uniform State Laws has proposed, and the California Legislature is presently considering, a Uniform Residential Landlord and Tenant Act. This comment examines by means of comparison with existing California law the effect which adoption of this Act would have on landlord-tenant relations in California. The author concludes that the Uniform Act, if adopted, would not make any significant substantive changes in California landlord-tenant law; rather it would promote clarity and understanding of the law with the result being a …
Welfare Reform: California Meets The Challenge, Ronald A. Zumbrun, Raymond M. Momboisse, John H. Findley
Welfare Reform: California Meets The Challenge, Ronald A. Zumbrun, Raymond M. Momboisse, John H. Findley
McGeorge Law Review
California's welfare reform program, which included the Welfare Reform Act of 1971, constituted one of the most comprehensive and far-reaching, as well as controversial, social reforms in the history of the State. In its July 1972 issue the Pacific Law Journal published an article, authored by Senator Anthony Beilenson and Larry Agran, which presented the viewpoint of those opposed to many of the major provisions of the welfare reform program. The following article presents the viewpoint of those supporting that program. The authors were intimately involved in the planning, legislative negotiations, implementation, and litigation relating to the welfare reform program. …
Newsman's Privilege: A Survey Of The Law In California, Nicholas G. Tinling
Newsman's Privilege: A Survey Of The Law In California, Nicholas G. Tinling
McGeorge Law Review
Recent incidents of newsmen being imprisoned for refusing to disclose confidential news sources before courts and grand juries have focused attention on the conflict between the public need for evidence and the public interest in a free press, unhampered by governmental interference. The "newsman's privilege," i.e., a privilege to refuse to disclose a confidential news source, is the means for resolving this conflict. This comment examines the arguments for and against the need for a testimonial privilege, the existence and limits of common law and constitutional privileges, and the California statutory privilege afforded by Evidence Code Section 1070. The author …
The Landmark Abortion Decisions: Justifiable Termination Or Miscarriage Of Justice?--Proposals For Legislative Response, Arthur G. Scotland
The Landmark Abortion Decisions: Justifiable Termination Or Miscarriage Of Justice?--Proposals For Legislative Response, Arthur G. Scotland
McGeorge Law Review
In 1967 the California Legislature enacted the Therapeutic Abortion Act. Although the Act was considered a liberalization of prior law, it retained significant limitations on the circumstances under which abortion was permitted. Recent United States and California Supreme Court decisions have invalidated major provisions of the Act and have specified guidelines for permissible restrictions on the abortion procedure. The author presents a comprehensive analysis of the current status of California abortion law and proposes legislation which conforms to the guidelines set forth in the aforementioned opinions.
The Omnibus Hearing: A Proposal For California Criminal Pretrial Motion Procedure, James F. Geary
The Omnibus Hearing: A Proposal For California Criminal Pretrial Motion Procedure, James F. Geary
McGeorge Law Review
Beginning in the early 1960's the United States Supreme Court expanded the rights of criminal defendants. To protect these rights, courts and state legislatures had to create a supporting procedure, often expressed in terms of pretrial motions. This in turn has contributed to the excessive delays and complexity of criminal trials. To solve this problem and still protect the rights of defendants, several jurisdictions have attempted an omnibus hearing which requires that all pretrial motions be made at one time. The author assesses the merits of these pretrial motion projects in light of existing California law. He also identifies the …
Exemplary Damages In Medical Malpractice Actions: California's Requirement For Posting Of A Cost Bond By Plaintiff, Gary L. Vinson
Exemplary Damages In Medical Malpractice Actions: California's Requirement For Posting Of A Cost Bond By Plaintiff, Gary L. Vinson
McGeorge Law Review
In recent years there has been a growing concern with what has come to be called in California a medical "malpractice crisis." In 1972 the California Legislature passed Senate Bill 941 amending Section 1029.6 of the Code of Civil Procedure to allow a defendant in a medical malpractice action to move for an ex parte order requiring the plaintiff to post security of not less than $2,500 in order to pursue a cause for exemplary damages. This legislation was aimed at the problem arising as a result of the California policy of prohibiting medical malpractice insurance from covering exemplary damages. …
Custody Rights Of Unwed Fathers, Julie D. Belvel
Custody Rights Of Unwed Fathers, Julie D. Belvel
McGeorge Law Review
California Civil Code Sections 220 and 224 give the mother of an illegitimate child total right to custody and control over that child and no right to custody and control to the father of such child. Furthermore, if there is some reason for the mother to relinquish her custody and control of the illegitimate child, the father is still given no preference over third parties as to custody and control. In this comment the author examines the development of the common law behind the California statutes which gave the mother preference as to custody, discusses the policies behind the specific …
Table Of Contents--Issue 1, University Of The Pacific; Mcgeorge School Of Law
Table Of Contents--Issue 1, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Faculty Pages, University Of The Pacific; Mcgeorge School Of Law
Faculty Pages, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Title Page, University Of The Pacific; Mcgeorge School Of Law
Title Page, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
The Yearly Two Foot Shelf: Suggestions For Changing Our Reviewing Court Procedures, Jack Leavitt
The Yearly Two Foot Shelf: Suggestions For Changing Our Reviewing Court Procedures, Jack Leavitt
McGeorge Law Review
As the number of cases appealed to our reviewing courts continues-to multiply annually, the judicial process has become increasingly overburdened and the necessity for appellate court reform has become more apparent. Responding to that need, the State Bar of California appointed a special committee to study the problem and make recommendations for reform of the appellate court system. In this article, Mr. Leavitt analyzes the problems facing the appellate courts and some of the solutions proposed by the State Bar Committee. The author also presents and discusses his own recommendations for change, which emphasize streamlining appellate court procedures rather than …
Equitable Limitations On The Power To Amend The Article Of Incorporation, Michael J. Halloran
Equitable Limitations On The Power To Amend The Article Of Incorporation, Michael J. Halloran
McGeorge Law Review
Once a corporation is organized, a change in its needs may require an amendment of its articles of incorporation. While the statutory powers to effect such an amendment are broad, they are governed by equitable limitations. In this article, Mr. Halloran presents and analyzes California's test for granting equitable relief, which he characterizes as a balancing of fairness factors. The author then concludes that in view of applicable case law and Department of Corporations administrative proceedings, in which the equitable factors have been successfully applied, statutory revision in this area is unnecessary at this time.
Editorial Board, University Of The Pacific; Mcgeorge School Of Law
Editorial Board, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Fraudulent Advertising: The Right Of A Public Attorney To Seek Restitution For Consumers, William R. Elliott Jr.
Fraudulent Advertising: The Right Of A Public Attorney To Seek Restitution For Consumers, William R. Elliott Jr.
McGeorge Law Review
The power of a public attorney to seek relief for consumers has expanded rapidly in recent years. This comment examines the standing of a public attorney to seek restitution for defrauded private parties in conjunction with an action to enjoin fraudulent advertising. The standing issue is first analyzed in a discussion of recent judicial decisions. The author then examines the legislative intent behind A.B. 1763, a 1972 amendment to the California Business and Professions Code, which, the author concludes, gives the public attorney standing to seek restitution for victims of fraudulent advertising.
Return Right For Former Owners Of Land Taken By Eminent Domain, Nathaniel Sterling
Return Right For Former Owners Of Land Taken By Eminent Domain, Nathaniel Sterling
McGeorge Law Review
Under present law, when a condemnor acquires property for a public use by condemnation, it acquires all the rights and incidents of ownership. If the condemnor thereafter fails to devote the property to the public use for which it was acquired or any other public use, it may transfer the property back to private ownership with no requirement that it provide preferential treatment to the former owner. This study reviews the law governing the condemnor's right to transfer property which was acquired for a public use to subsequent private ownership, and examines the issues and practical problems involved in developing …
Title Page, University Of The Pacific; Mcgeorge School Of Law
Title Page, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Consumer Protection: The Effect Of The Song-Beverly Consumer Warranty Act, Eileen K. Jenkins
Consumer Protection: The Effect Of The Song-Beverly Consumer Warranty Act, Eileen K. Jenkins
McGeorge Law Review
In recent years legislatures and courts throughout the country have manifested a growing concern for protection of consumer interests. California has been in the forefront of this growing concern. Until 1971 California consumers found protection in the warranty provisions of the Uniform Commercial Code and in the expanding doctrine of strict liability in tort for defective products. In 1970 the California Legislature passed the Song-Beverly Consumer Warranty Act which became effective in March of 1971. In 1971 the Legislature enacted amendments to this act which became effective in March 1972. This comment summarizes the nature and scope of the remedies …
Introduction Review Of Selected 1972 California Legislation, Robert D. Nelson
Introduction Review Of Selected 1972 California Legislation, Robert D. Nelson
McGeorge Law Review
No abstract provided.
Prospect For Regional Planning In California, Milton Marks, Stephen L. Taber
Prospect For Regional Planning In California, Milton Marks, Stephen L. Taber
McGeorge Law Review
Because the environment is being seriously threatened by overpopulation, overdevelopment, and pollution, there has been an increasing awareness of dhe need to control land usage through comprehensive regional planning. While California has failed to effectively respond to that need in the past, it appears that the Legislature is now moving in that direction and the establishment of at least some comprehensive regional planning agencies is imminent. In this article, the authors discuss various approaches to regional planning, problems of enforcement of regional plans, and alternatives available for controlling the regional planning process. The authors conclude dheir analysis by setting forth …
Attachment In California: Senate Bill 1048, The Interim Response To Randone, John P. Stayner
Attachment In California: Senate Bill 1048, The Interim Response To Randone, John P. Stayner
McGeorge Law Review
In 1971, California's long-standing prejudgment attachment procedures were held unconstitutional. The basis of this decision was that these remedies denied the debtor procedural due process by failing to provide him with notice of the attachment or an opportunity to contest it. The California Supreme Court also made it clear that the fact that attachment remedies reached necessities of life-without a hearing on the validity of the creditors claim was an additional ground for holding it unconstitutional. The Legislature responded to the court's criticisms by enacting a revised attachment procedure. This comment analyzes the court's opinion and tests the constitutionality of …
Table Of Contents, University Of The Pacific; Mcgeorge School Of Law
Table Of Contents, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Business Associations Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
Business Associations Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Administration Of Estates Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
Administration Of Estates Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Civil Procedure Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
Civil Procedure Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Crimes Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
Crimes Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Consumer Protection Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
Consumer Protection Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Criminal Procedure Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
Criminal Procedure Review Of Selected 1972 California Legislation, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.