Law Commons^™

Televising California's Death Penalty: Is There A Constitutional Right To Broadcast Executions, Jeff Angeja

UC Law Journal

Any discussion of capital punishment sparks heated debate regarding not only the merits of capital punishment, but also the humanity of particular modes of execution and the efficiency and justice of the last minute appeals process. The electronic media has added a further component to this debate: Is there a First Amendment right of access to the execution chamber that would allow the electronic media to videotape an execution for subsequent viewing? If current death penalty statutes remain in effect, then this perplexing issue may represent one of the most controversial death penalty issues.

This Note first examines the criteria …

A Reexamination Of The Non-Dischargeability Of Criminal Restitutive Obligations In Chapter 13 Bankruptcies, Ann Haberfelde

UC Law Journal

In 1990, the Supreme Court held that criminal restitution was dischargeable as a debt in a Chapter 13 bankruptcy proceeding. Congress subsequently amended the bankruptcy laws to exclude criminal restitution from the debts dischargeable in Chapter 13 proceedings.

This amendment represents the elevation of the states' interest in their criminal laws at the expense of the policies served by the bankruptcy laws. By tracing the origins of criminal restitution as a form of punishment, examining the development of bankruptcy discharge policy, and considering the interrelation of state and federal laws, this Note proposes a more equitable solution. Rather than viewing …

Violence At Our Border: Rights And Status Of Immigrant Victims Of Hate Crimes And Violence Along The Border Between The United States And Mexico, Michael J. Nunez

UC Law Journal

The mounting problems of abuse and neglect faced by illegal aliens crossing the border between the United States and Mexico have called into question the legal rights and the status of these undocumented immigrants. This Note examines how illegal aliens are treated by the American judicial system when asserting constitutional or civil rights claims. The Note begins by discussing the constitutional status of the illegal alien, and proceeds to argue that remedies such as state civil and criminal actions should be available to illegal alien victims of border violence.

In the context of border violence, the rights theoretically granted to …

Economic Rights In The United States And International Human Rights Law: Toward An Entirely New Strategy, Barbara Stark

UC Law Journal

By ratifying the International Covenant on Economic, Cultural and Social Rights, a government "commits itself to its best efforts to secure for its citizens the basic standards of material existence." The United States is the only major industrialized democracy that has not yet ratified the Covenant. Two reasons have been advanced to explain our nonadherence. First, economic rights are foreign to domestic conceptions of rights. Second, the concerns addressed in the Covenant are primarily within the jurisdiction of the states.

In 1990, Professor Philip Alston urged those seeking ratification to develop "an entirely new strategy." Professor Stark believes that there …

The Policy In Favor Of Settlement In An Adversary System, Stephen Mcg. Bundy

UC Law Journal

In recent years the settlement of pending civil cases has become an avowed goal of federal judicial administration. This Article considers whether this new policy favoring settlement is justified and how the policy ought to be implemented. The new policy differs from prior settlement preferences in rejecting the assumption, basic to the adversary system, that represented parties' decisions to continue litigation generally serve both the parties' and the public interest.

This Article examines the premises of the policy favoring settlement in light of recent changes in federal litigation. Professor Bundy considers the private interest arguments in favor of settlement and …

The Golden State Of Labor Preemption: The Circuit Courts Have Gone Too Far, Tod A. Cochran

UC Law Journal

The doctrine of preemption is widely considered to be the most confusing area in labor law. In 1986, the Supreme Court changed the preemption playing field with its holding in Golden State Transit Corporation v. City of Los Angeles. Golden State and the circuit court interpretations of it expand the degree to which state and local actions are preempted by the National Labor Relations Act (NLRA). This Note argues that many of the circuit decisions have misinterpreted the Golden State doctrine in ways that expressly disadvantage workers and frustrate the principles of the NLRA.

A coherent analytical framework has yet …

Electing The U.N. Secretary-General After The Cold War, Joakim E. Parker

UC Law Journal

This Note examines the rules governing the election of the United Nations Secretary-General. The rules, developed at the nascency of the Cold War, reflect an effort to accommodate superpower conflicts, and seem to contradict the broad principles that guided the development of the United Nations Charter.

This Note argues that the electoral rules are the catalyst for the regionalism, deadlock, and political maneuvering that plague elections of the Secretary-General. These problems, and the realities of a changing global political order, affirm the need to alter the electoral rules. The Note proposes a redefinition of each stage of the election, using …

Divided Justice: A Commentary On The Nomination And Confirmation Of Justice Thomas, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Left, The Right, And Certainty In Constitutional Law, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Fragments On The Deathwatch, Louise Harmon

Scholarly Works

No abstract provided.

The Continuing Availability Of Retaliatory Discharge And Other State Tort Causes Of Action To Employees Covered By Collective Bargaining Agreements, Peter Zablotsky

Scholarly Works

No abstract provided.

A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson

Scholarly Works

No abstract provided.

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver

Scholarly Works

No abstract provided.

Freedom From Reliance: A Contract Approach To Express Warranty, Sidney Kwestel

Scholarly Works

No abstract provided.

Tort Remedies For Victims Of Domestic Abuse, Douglas D. Scherer

Scholarly Works

This Article discusses the use of intentional tort actions by victims of domestic abuse who seek monetary damages. Part I discusses the phenomenon of domestic abuse, with emphasis on physical and emotional harm and factures that justify punitive and compensatory damage awards. Part II discusses the torts of battery, assault and intentional infliction of emotional distress, and the appropriateness of these actions in domestic abuse cases. Part III discusses the interspousal immunity doctrine and demonstrates the limited extent to which the doctrine bars domestic abuse tort actions. Finally Part IV discusses judicial acceptance of tort actions in domestic abuse cases. …

Louisiana Family Law, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Competition Law And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Bankruptcy-Based Discrimination, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.

Nurturing The Impulse For Justice, Lynne Henderson

Scholarly Works

No abstract provided.

Book Review. The Magic Mirror: Law In American History By Kermit L. Hall, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin

Articles by Maurer Faculty

No abstract provided.

Review Essay: Feminism, Lawyering, And Death Row, Joan W. Howarth

Scholarly Works

Representing men on death row is confounding, but not without reward. This lawyering work has taught me at least two lessons, the subjects of this essay. First, capital punishment--our attempt to use legal procedures to kill people fairly--is a feminist issue, or should be. Second, death row representation is too big a job for lawyers; we need to recruit poets. To develop these ideas, and perhaps to convince you without requiring you to undertake the same path to these conclusions, I am appropriating novelist Beverly Lowry's stunning new book, Crossed Over: A Murder, A Memoir. Crossed Over is the story …

Right To Return: A Closer Look, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Book Review: The Greater Yellowstone Ecosystem: Redefining America's Wilderness Heritage, By Robert B. Keiter And Mark S. Boyce (Eds)., Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Standing And Ripeness Revisited: The Supreme Court's "Hypothetical" Barriers, Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Getting The Whole Truth And Nothing But The Truth: The Limits Of Liability For Wrongful Adoption, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

State Constitutional Analyses Of Public School Finance Reform Cases: Myth Or Methodology?, Jonathan Banks

Vanderbilt Law Review

The public education system in the United States fails to educate economically disadvantaged children. Students from poor families are more likely to repeat grades,' to have below average basic academic skills, to drop out of school, and to forego attending college. These gaps in educational achievement translate into an inability to compete effectively in the employment market place. In an attempt to remedy these inequalities, plaintiffs have attacked the most obvious source of disparity: state school financing schemes.