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Full-Text Articles in Law

Presence And Absence In Lochner: Making Rights Real, Eileen A. Scallen Dec 1995

Presence And Absence In Lochner: Making Rights Real, Eileen A. Scallen

UC Law Constitutional Quarterly

No abstract provided.


Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey Jan 1995

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

UC Law Journal

The state and federal courts largely exercise concurrent jurisdiction over most criminal law matters. Consequently, most discussions of federalization of crime involve the theoretical question of what crimes should or should not be federalized. Professor Blakey argues that an answer to this question can easily be found in the Constitution.

In his Article, Professor Blakey contends that the true focus of the discussion should not be on "federalization." Rather, he maintains, a meaningful evaluation of the federal system of criminal justice should question whether the system is responding to the antisocial behavior that leads to crime. The author believes we …


Advanced Micro Devices V. Intel Corp. And Judicial Review Of Commercial Arbitration Awards: When Does A Remedy Exceed Arbitral Powers, Jessica T. Martin Jan 1995

Advanced Micro Devices V. Intel Corp. And Judicial Review Of Commercial Arbitration Awards: When Does A Remedy Exceed Arbitral Powers, Jessica T. Martin

UC Law Journal

Commercial arbitration boasts the advantages of flexibility, efficiency, and finality. In an effort to make decisions by arbitrators binding and final, legislators have provided only limited grounds for judicial review of arbitral awards. However, arbitral choice of remedy has proven to be fertile ground for attempted judicial activism. A recent example is the California Court of Appeal's decision in Advanced Micro Devices v. Intel Corp., which was subsequently reversed by the California Supreme Court. An analysis of judicial decisions regarding how arbitrators may fashion relief reveals imprecise standards that have proven to be contradictory and unworkable.

This Note explores the …


Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas Jan 1995

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …


Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark N. Aaronson Jan 1995

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark N. Aaronson

Faculty Scholarship

No abstract provided.


Of Markets And Media: The First Amendment, The New Mass Media And The Political Components Of Culture, Ashutosh Bhagwat Jan 1995

Of Markets And Media: The First Amendment, The New Mass Media And The Political Components Of Culture, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.


Restrictions On Non-Citizens' Access To Public Benefits: Flawed Premise, Unnecessary Response, Richard A. Boswell Jan 1995

Restrictions On Non-Citizens' Access To Public Benefits: Flawed Premise, Unnecessary Response, Richard A. Boswell

Faculty Scholarship

No abstract provided.


Economic Incentives And Nonpoint Source Pollution: A Case Study Of California's Grasslands Region, Brian E. Gray, Chelsea H. Congdon, Terry F. Young Jan 1995

Economic Incentives And Nonpoint Source Pollution: A Case Study Of California's Grasslands Region, Brian E. Gray, Chelsea H. Congdon, Terry F. Young

Faculty Scholarship

No abstract provided.


Law, Morals, And Ethics, Geoffrey C. Hazard Jr. Jan 1995

Law, Morals, And Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Introduction, Mary Kay Kane Jan 1995

Introduction, Mary Kay Kane

Faculty Scholarship

No abstract provided.


A Preliminary Inquiry Into The Transcendence Of Value Creation, Frederick Lambert Jan 1995

A Preliminary Inquiry Into The Transcendence Of Value Creation, Frederick Lambert

Faculty Scholarship

No abstract provided.


Challenges To Environmental Law, John D. Leshy Jan 1995

Challenges To Environmental Law, John D. Leshy

Faculty Scholarship

No abstract provided.


Natural Resources Policy In The Clinton Administration: A Mid-Course Evaluation From Inside, John D. Leshy Jan 1995

Natural Resources Policy In The Clinton Administration: A Mid-Course Evaluation From Inside, John D. Leshy

Faculty Scholarship

No abstract provided.


Class Actions As Instruments Of Change: Reflections On Davis V. City And County Of San Francisco, Shauna Marshall Jan 1995

Class Actions As Instruments Of Change: Reflections On Davis V. City And County Of San Francisco, Shauna Marshall

Faculty Scholarship

No abstract provided.


In Memoriam: Professor Warren Shattuck, Leo P. Martinez Jan 1995

In Memoriam: Professor Warren Shattuck, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Babies, Bathwater, And Law Reviews, Leo P. Martinez Jan 1995

Babies, Bathwater, And Law Reviews, Leo P. Martinez

Faculty Scholarship

No abstract provided.


Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Ugo Mattei Jan 1995

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Ugo Mattei

Faculty Scholarship

No abstract provided.


The Comparative Law And Economics Of Penalty Clauses In Contract, Ugo Mattei Jan 1995

The Comparative Law And Economics Of Penalty Clauses In Contract, Ugo Mattei

Faculty Scholarship

No abstract provided.


Greater Representation For California Consumers–Fluid Recovery, Consumer Trust Funds, And Representative Actions, James R. Mccall, Patricia Sturdevant, Laura Kaplan, Gail Hillebrand Jan 1995

Greater Representation For California Consumers–Fluid Recovery, Consumer Trust Funds, And Representative Actions, James R. Mccall, Patricia Sturdevant, Laura Kaplan, Gail Hillebrand

Faculty Scholarship

No abstract provided.


Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen Jan 1995

Probability And Proof In State V. Skipper: An Internet Exchange, Roger C. Park, Ronald J. Allen

Faculty Scholarship

No abstract provided.


The Federal Judicial Center And The Administration Of Justice In The Federal Courts, William W. Schwarzer Jan 1995

The Federal Judicial Center And The Administration Of Justice In The Federal Courts, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer Jan 1995

Let's Try A Small Claims Calendar For The U.S. Courts, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer Jan 1995

Settlement Of Mass Tort Class Actions: Order Out Of Chaos, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Seeing The Elephant, C. Keith Wingate Jan 1995

Seeing The Elephant, C. Keith Wingate

Faculty Scholarship

No abstract provided.


Bay In Peril, Jane Kay Jan 1995

Bay In Peril, Jane Kay

UC Law Environmental Journal

No abstract provided.


Summary And Analysis, David Fullerton Jan 1995

Summary And Analysis, David Fullerton

UC Law Environmental Journal

No abstract provided.


Introductory Remarks, John E. Mccosker Jan 1995

Introductory Remarks, John E. Mccosker

UC Law Environmental Journal

No abstract provided.


Water Markets And The Cost Of Improving Water Quality In The San Francisco Bay/Delta Estuary, David Sunding, David Zilberman, Neal Macdougall Jan 1995

Water Markets And The Cost Of Improving Water Quality In The San Francisco Bay/Delta Estuary, David Sunding, David Zilberman, Neal Macdougall

UC Law Environmental Journal

No abstract provided.


Autumn, Rainer Maria Rilke Jan 1995

Autumn, Rainer Maria Rilke

UC Law Environmental Journal

No abstract provided.


Economic Incentives And Nonpoint Source Pollution, Chelsea H. Congdon, Terry F. Young, Brian E. Gray Jan 1995

Economic Incentives And Nonpoint Source Pollution, Chelsea H. Congdon, Terry F. Young, Brian E. Gray

UC Law Environmental Journal

No abstract provided.