Journal articles: 'Courts, california'

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Rosenthal, Michael P. "The Constitutionality of Involuntary Civil Commitment of Opiate Addicts." Journal of Drug Issues 18, no. 4 (October 1988): 641–61. http://dx.doi.org/10.1177/002204268801800409.

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This paper deals with the constitutionality of involuntary treatment of opiate addicts. Although the first laws permitting involuntary treatment of opiate addicts were enacted in the second half of the nineteenth century, addicts were not committed in large numbers until California and New York enacted new civil commitment legislation in the 1960s. Inevitably, the courts were called upon to decide if involuntary treatment was constitutional. Both the California and New York courts decided that it was. These decisions were heavily influenced by statements made by the United States Supreme Court in Robinson v. California. The Robinson case did not actually involve the constitutionality of involuntary treatment; it involved the question of whether it was constitutional for a state to make addiction a crime. Nevertheless, the Supreme Court declared (in a dictum) that a state might establish a program of compulsory treatment for opiate addicts either to discourage violation of its criminal laws against narcotic trafficking or to safeguard the general health or welfare of its inhabitants. Presumably because the Robinson case did not involve the constitutionality of involuntary treatment of opiate addicts, the Supreme Court did not go into that question as deeply as it might have. The California and New York courts, in turn, relied too much on this dictum and did not delve deeply into the question. The New York courts did a better job than the California courts, but their work too was not as good as it should have been.

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Gottlieb, Jessica J., Ethan L. Hutt, and Benjamin M. Superfine. "Causal Stories inVergara v. California." Educational Policy 34, no. 4 (September 26, 2018): 559–93. http://dx.doi.org/10.1177/0895904818802110.

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In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution’s requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of students. This article analyzes those narratives utilizing the trial court transcripts and judicial opinions in Vergara v. California. We find that despite reaching divergent rulings, the trial and appellate courts provided highly typified accounts of the case—ones that emphasized individual agency and dismissed or deemphasized the importance of the social and political context of schooling. These findings are important for understanding how complex policy debates become transformed within legal proceedings and for understanding the capacity of courts to engage complex evidence and narratives—a major issue given that courts remain an important venue for school reform.

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Paoletti, Dennis, and Clifford Ham. "Lessons learned that impact acoustics from the California Courts Program." Journal of the Acoustical Society of America 151, no. 4 (April 2022): A271. http://dx.doi.org/10.1121/10.0011302.

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Architect Clifford Ham served as the Project Director and Principal Architect for the Judicial Council of California Administrative Office of the Courts. He was responsible for overseeing more than 450 court facilities throughout California. Projects ranged from renovations and small single court buildings in remote locations to new multistory (31 and 71 multiple purpose courtrooms) in dense major urban areas. As an architect, with courtroom design experience, he was able to efficaciously support all aspects of design, engineering, and specialty consulting. Throughout the process, projects were implemented to effectively meet the needs of various stakeholders. California Trial Court Facilities Standards, covering all aspects of architectural design and engineering, had been developed when the program began in 2006, with minor revisions leading up to the new 2020 edition. Revisions gained from first-hand experience emphasized changes in the guiding principles and updated technical areas which influenced the design and cost of courthouses. This presentation will review the discuss significant aspects of the overall courts program with specific emphasis on acoustics. Case study examples will present some interesting subtleties in the planning and design process that should be realized to avoid costly follow-up repair solutions after occupancy.

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Weill, Wendi F. "California Courts encourage early ADR use." Alternatives to the High Cost of Litigation 12, no. 9 (September 1994): 116–20. http://dx.doi.org/10.1002/alt.3810120908.

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Bleemer, Russ. "California courts face tough arbitration questions." Alternatives to the High Cost of Litigation 24, no. 10 (2006): 171–73. http://dx.doi.org/10.1002/alt.20153.

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Kim, Robert. "Under the Law: How is your community depicted in the curriculum? Who decides?" Phi Delta Kappan 102, no. 5 (January 26, 2021): 63–64. http://dx.doi.org/10.1177/0031721721992571.

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A case in California reaffirms that courts are reluctant to intervene when families are concerned about school curricula. In CAPEEM v. Torlakson, parents of Hindu children complained that the state’s history and social science standards are framework discriminated against them by inaccurately and disparingingly representing their faith. Bob Kim describes the plaintiffs’ arguments, the case’s journey through the courts, and how the court’s ruling against the plaintiffs relates to other cases involving objections to school curricula.

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Rogers, Alan. "State Constitutionalism and the Death Penalty." Journal of Policy History 20, no. 1 (January 2008): 143–56. http://dx.doi.org/10.1353/jph.0.0011.

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Concerned that the United States Supreme Court's abolition of the death penalty in Furman v. Georgia (1972) would not be sustained, abolitionists turned to state supreme courts. Through their efforts, two states succeeded in realizing that goal: California, briefly, and Massachusetts, where the death penalty remains unconstitutional.

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Felthous, Alan R. "The Ever Confusing Jurisprudence of the Psychotherapist's Duty to Protect." Journal of Psychiatry & Law 17, no. 4 (December 1989): 575–94. http://dx.doi.org/10.1177/009318538901700403.

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When the duty to protect of Tarasoff was imposed upon psychotherapists by the Supreme Court of California, therapists in other states wondered whether or not other courts would adopt the legal reasoning and apply the Tarasoff Principle to them. Resulting court decisions have been much more complex and contradictory than this early question would suggest. Even the legal underpinnings of the Tarasoff Principle, where it has been adopted, are diverse: it is as amorphous and plastic as any principle can be, molded so differently by various courts. This updated review argues that the trend toward diversity and inconsistency has become greater with the increase in Tarasoff-like cases in recent years, beclouding any real moral value that may be present. Given the conflicting social values involved in this kind of public policy, it is best crafted in statutory law, not by the courts.

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Wright, Kathleen K., and Stewart S. Karlinsky. "Taxes versus Fees: Lead Paint and LLCs." ATA Journal of Legal Tax Research 5, no. 1 (January 1, 2007): 57–78. http://dx.doi.org/10.2308/jltr.2007.5.1.57.

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This paper discusses the rather blurred distinction between fees and taxes, particularly for states like California where enactment of a tax requires a two-thirds vote while fees can be enacted with a simple majority. We discuss the California Supreme Court decision in Sinclair Paint wherein the Court adopted a broad definition of a fee. Many taxpayers feared that this would open the flood gates for enactment of fee legislation both in California and nationwide. We examine recent legislative and judicial trends in enactment of fee legislation and court interpretations following Sinclair Paint. The data shows that the Legislature is actively pursuing all types of fee legislation as budget dollars do not stretch far enough to cover program expenditures. Courts are continuing the Sinclair Paint trend of broadly defining fees. The result seems to be an ever increasing fee burden on businesses and taxpayers.

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Shear, Leslie Ellen. "CHILDREN'S LAWYERS IN CALIFORNIA FAMILY LAW COURTS." Family Court Review 34, no. 2 (March 15, 2005): 256–302. http://dx.doi.org/10.1111/j.174-1617.1996.tb00419.x.

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Superfine, Benjamin Michael, Regina R. Umpstead, David Mayrowetz, Sarah Winchell Lenhoff, and Ben Pogodzinski. "Science and Politics in Friedrichs v. California Teachers Association." Educational Policy 32, no. 2 (November 20, 2017): 211–33. http://dx.doi.org/10.1177/0895904817741545.

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In March 2017, the Supreme Court decided Friedrichs v. California Teachers Association and upheld the constitutionality of agency fees for nonunion teachers. We examine how Friedrichs reflects a host of issues grouped around a patchwork of ideological commitments regarding teachers unions and public-sector unions more generally, partisan politics, and empirically oriented claims about the impact of teachers unions on students’ educational opportunities. We particularly argue that the case reflects a tension between judicial, scientific, and democratic decision-making, and that courts and reformers should be sensitive to this tension as they consider similar cases moving forward.

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Castro Souza, Cássio Bruno. "Transnational judicial dialogue and worker protection in the gig economy." Revista Chilena de Derecho del Trabajo y de la Seguridad Social 14, no. 28 (December 31, 2023): 1–32. http://dx.doi.org/10.5354/0719-7551.2023.64956.

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Can transnational judicial dialogue be an efficient mechanism to protect workers’ labor rights in the gig economy? As long as digital platforms operate transnationally, the negative externalities generated by them —especially regarding compliance with labor regulatory standards— become common problems in the countries of a given region. The aim of the research is to answer this problem, and in order to do so a broad literature review and a study of the cases Uber Technologies Inc. v. Heller, Dynamex Operations West, Inc. v. Superior Court and case Uber B.V. and others v Aslam and others, judged by the Supreme Court of Canada, the Supreme Court of California, and the Supreme Court of the United Kingdom, were conducted respectively. A literature review and deductive method were used.It has been found that transnational judicial dialogue can enhance the persuasiveness, authority, and legitimacy of individual judicial decisions rendered in national courts, especially in Brazilian Labor Courts, as well as serve as an instance of collective deliberation to address common problems.

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Berrick, Jill Duerr, Jonathan Dickens, Tarja Pösö, and Marit Skivenes. "International Perspectives on Child-responsive Courts." International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 251–77. http://dx.doi.org/10.1163/15718182-02602011.

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Child friendly justice and access to justice for children are explicit concerns for the European Union, the Committee on the Rights of the Child, the Council of Europe and the Child Rights International Network. This study examines court systems as child-responsive by eliciting the views of judicial decision makers on child protection cases (n = 1,479) in four legal systems (England, Finland, Norway and the USA (represented by California)), based on an online survey. In this paper, we asked judicial officials who have the authority to make care order decisions how they view the child-friendliness of the courts. We presented them with six statements representing standard features of child responsive courts. Findings show that there is considerable room for improving both structure and practice of the court proceedings, for example the use of child friendly language and child-sensitive time frames. There were variations across states, and some variation across type of decision maker. Implications for the development of education and training about the opportunities for children’s engagement are considered.

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Lammers, John C. "The Accommodation of Chinese Immigrants in Early California Courts." Sociological Perspectives 31, no. 4 (October 1988): 446–65. http://dx.doi.org/10.2307/1388970.

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Most histories today emphasize the overwhelming antagonism toward Chinese immigrants in the initial period of California history. Citing press accounts, congressional testimony, and the diaries of the time, historians have noted that anti-Chinese sentiments rested upon a host of social, political, and economic differences. These culminated in agitation on the part of the white working classes for the expulsion of the Chinese. When the Chinese were finally excluded by federal law in 1882, they had been subjected to a wide variety of racist laws, including taxation, prohibition of testimony, discriminatory employment practices, and inhuman treatment in communities, courts, and jails. But the earliest period of Chinese presence in California—especially in the legal sphere—was marked by notable incidents of tolerance and accommodation that have been largely overlooked. This article examines these instances of legal tolerance of Chinese immigrants. An explanation based on the development of frontiers is presented.

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Powers, Jeanne M., and Kathryn P. Chapman. "Protecting Teachers or Protecting Children? Media Representations of Vergara v. California." International Journal of Sociology of Education 6, no. 2 (June 25, 2017): 163. http://dx.doi.org/10.17583/rise.2017.2328.

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Over the past five years, the laws governing teachers’ employment have been at the center of legal and political conflicts in state courts and elections across the United States. Vergara v. California challenged five California state statutes that provide employment protections for teachers. Drawing on the theory of political spectacle, we conducted a media content analysis of 42 print news media articles published prior to the court’s decision in June 2014. Two aspects of political spectacle, the use of metaphor and the illusion of rationality were the most salient and deployed in ways that were more closely aligned with the student plaintiffs’ claims than the statutes’ defenders. We conclude by highlighting how the framing of these and other similar stories may shape subsequent debates about public education in the United States.

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16

Lehner, Larry. "MEDIATION PARENT EDUCATION PROGRAMS IN THE CALIFORNIA FAMILY COURTS." Family Court Review 30, no. 2 (March 15, 2005): 207–16. http://dx.doi.org/10.1111/j.174-1617.1992.tb01046.x.

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Ricci, Isolina, Charlene E. Depner, and Karen V. Cannata. "PROFILE: CHILD CUSTODY MEDIATION SERVICES IN CALIFORNIA SUPERIOR COURTS." Family Court Review 30, no. 2 (March 15, 2005): 229–42. http://dx.doi.org/10.1111/j.174-1617.1992.tb01048.x.

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18

Hough, Bonnie Rose. "Description of California courts' programs for self-represented litigants." International Journal of the Legal Profession 11, no. 3 (November 2004): 305–34. http://dx.doi.org/10.1080/09695950500036626.

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19

McClain, Charles. "Of Medicine, Race, and American Law: The Bubonic Plague Outbreak of 1900." Law & Social Inquiry 13, no. 03 (1988): 447–513. http://dx.doi.org/10.1111/j.1747-4469.1988.tb01126.x.

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In March of 1900 several cases of bubonic plague were discovered in San Francisco's Chinatom. In response the health authorities, at the instance of the Surgeon General of the United States, sought to implement a series of extraordinarily coercive measures aimed at the city's Asian inhabitants. The measures provoked an uproar among the Chinese, and they determined to challenge them in the federal Circuit Court for the Northern District of California. This essay, based on extensive research in court records, the archives of the U.S. Public Health Service, and press accounts in English and Chinese, documents the complex events that gave rise to the cases of Wong Wai v. Williamson and Jew Ho v. Williamson and the cases themselves as they unfolded in the courts. The cases raised new and dificult questions of fact and of law and tested as few other cases have before or since a court's capacity to act as arbiter between individual rights (and the rights of an ostracized minority at that) and the public interest in a period of acute health emergency.

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RICH, BEN A. "The Tyranny of Judicial Formalism: Oral Directives and the Clear and Convincing Evidence Standard." Cambridge Quarterly of Healthcare Ethics 11, no. 3 (May 17, 2002): 292–302. http://dx.doi.org/10.1017/s0963180102113119.

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A decision by the Supreme Court of California in the case Conservatorship of Wendland, issued in August 2001, forces us once again to confront the all-too-common situation in which an individual has, on multiple occasions, expressed strongly held personal convictions about life-sustaining interventions but failed to incorporate those convictions into a formal advance directive. Many courts have recognized that lay citizens do not consistently resort to written legal formalities in their day-to-day lives, and reasonable accommodation must be made to this fundamental fact about human nature. However, a small but apparently growing minority of courts adamantly insist on either formal written directives or prescience and prophetic precision on the part of the patient before a surrogate can direct the withdrawal of life-sustaining treatment. The chronology of cases that comprise this minority position in American medical jurisprudence raise important ethical issues.

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Thoennes, Nancy. "AN EVALUATION OF CHILD PROTECTION MEDIATION IN FIVE CALIFORNIA COURTS." Family Court Review 35, no. 2 (March 15, 2005): 184–95. http://dx.doi.org/10.1111/j.174-1617.1997.tb00458.x.

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Butler, Brooke. "Women Who Kill Men: California Courts, Gender, and the Press." Psychology of Women Quarterly 35, no. 1 (March 2011): 170. http://dx.doi.org/10.1177/0361684310388743.

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23

Hanna, Cheryl. "Women Who Kill Men: California Courts, Gender, and the Press." American Journal of Legal History 50, no. 4 (October 2010): 460–62. http://dx.doi.org/10.1093/ajlh/50.4.460.

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Pryby, Christopher. "Forensic Border Searches After Carpenter Require Probable Cause and a Warrant." Michigan Law Review, no. 118.3 (2019): 507. http://dx.doi.org/10.36644/mlr.118.3.forensic.

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Under the border search doctrine, courts have upheld the federal government's practice of searching people and their possessions upon entry into or exit from the United States, without any requirement of suspicion, as reasonable under the Fourth Amendment. Since the advent of electronic devices with large storage capacities, courts have grappled with whether this definition of reasonableness continues to apply. So far, courts have consistently characterized “nonforensic” border inspections of electronic devices (for example, paging through photos on a phone) as “routine” searches that, like inspecting luggage brought across international lines, require no suspicion. But there is a circuit split over what suspicion the government needs to conduct “forensic” searches that copy data for later inspection. This Note argues that the recent Supreme Court decision in Carpenter v. United States recognized a new balance of privacy rights at the border. Starting in United States v. Jones and continuing through Riley v. California and Carpenter, the Court has developed a theory of data privacy aimed at forestalling the government’s creation of a high-tech panopticon. This new theory, in the context of electronic searches at the border, requires that the balance of government and individual interests be struck in favor of the individual. Probable cause and a warrant, not merely reasonable suspicion, are necessary for a forensic search.

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Hanemann, Michael, and Michael Young. "Water rights reform and water marketing: Australia vs the US West." Oxford Review of Economic Policy 36, no. 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.

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Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority inherent in appropriative water rights and it sidelined issues of third-party impacts. Another difference was the tight control of irrigation institutions by state governments and the national government’s willingness to intervene in state and local water management. Australian water reform was wrapped in politics. When there were successes, this is because the politics were managed adroitly; when political challenges proved insurmountable, reform stalled.

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Coleman, Carl H., and Tracy E. Miller. "Stemming the Tide: Assisted Suicide and the Constitution." Journal of Law, Medicine & Ethics 23, no. 4 (1995): 389–97. http://dx.doi.org/10.1111/j.1748-720x.1995.tb01384.x.

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On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right.

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DeMitchell, Todd A. "Teacher Bilingual Instruction and Educational Malpractice: California Teachers Association v. Davis." International Journal of Educational Reform 9, no. 3 (July 2000): 272–78. http://dx.doi.org/10.1177/105678790000900312.

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Week, Lauren. "Cultural Resources, Conquest, and Courts: How State Court Approaches to Statutory Interpretation Diminish Indigenous Cultural Resources Protections in California, Hawai‘i, and Washington." Michigan Journal of Environmental & Administrative Law, no. 12.1 (2022): 103. http://dx.doi.org/10.36640/mjeal.12.1.cultural.

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Critical Race Theory identifies two of the United States’ original sins: slavery and conquest; yet, while the former is well known, the latter is simultaneously obvious and unknown, creating a disconnect between the history of violent conquest to the disparities that continue to afflict indigenous communities today. This lack of understanding and acknowledgement also permeates the federal courts—an issue extensively documented by Critical Race Theory and federal Indian law academics. Yet, limited scholarship has interrogated if and how state judicial systems may parallel the failures of federal benches. This Note examines the “hidden,” yet enduring impact of conquest by applying Critical Race Theory perspectives to cultural resources protection, as safeguarded (or hindered) by state court interpretations of both historic preservation laws and environmental review processes. Specifically, this research focuses on the state judicial systems of California, Hawai‘i, and Washington—predominantly liberal and social justice-oriented political arenas with large indigenous populations—to investigate if and how state court approaches to statutory interpretation affect the protection, preservation, and tangible and intangible rights to land of Native Americans, Alaskans, Hawaiians, and other Pacific Islanders. As the Western United States’ “liberal sisters,” do California, Hawai‘i, and Washington’s politics foster judicial interpretations favorable to indigenous communities? Or, conversely, do liberal legislative and popular appeals to civil rights and environmental protection fail to facilitate judicial respect for Native knowledge and sovereignty? By applying a Critical Race Theory lens, this Note reveals that even in liberal enclaves, state courts uphold interpretations rooted in white supremacy and settler colonialism that diminish indigenous cultural resources protections and thereby perpetuate modern day conquest.

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Saito, Akira. "Relational analysis of the international commercial court and international arbitration to improve the legal environment for resolving international business disputes." Impact 2021, no. 3 (March 29, 2021): 46–48. http://dx.doi.org/10.21820/23987073.2021.3.46.

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Business is becoming more and more globalised, resulting in increased competitiveness, which drives down prices and provides a greater variety of choice for consumers. However, there are also challenges presented by the globalisation of businesses and international commercial courts across the globe exist to navigate these issues. Globalised businesses are subject to the legal judgements of the country in which they are based, as well as the legal judgements of the countries in which they operate. Therefore, the presence of international commercial courts is crucial for promoting the use of international arbitration and international alternative dispute resolutions (ADR), in which disputes are resolved outside of court. Professor Akira Saito, Graduate School of Law, Kobe University, Japan, is exploring the relationship between international commercial courts and international arbitration with the goal of improving the legal environment in different countries and resolving international business disputes. Discussions with his mentor, Professor Oliver Williamson, University of California, led Saito to this project, which is an interdisciplinary study of law that is seeking to develop the next generation of lawyers and business people with a well-rounded perspective of the legal system and the ability to utilise it in a manner that helps develop business activities.

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Byrne, Francine, Richard Schauffler, Lisa Lightman, Michael Finigan, and Shannon Carey. "California Drug Courts: A Methodology for Determining Costs and Avoided Costs." Journal of Psychoactive Drugs 36, sup2 (March 2004): 147–56. http://dx.doi.org/10.1080/02791072.2004.10400050.

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Strickland, Julia B., Scott M. Pearson, and Stephen J. Newman. "Summer class actions: U.S. and California Supreme Courts revisit arbitrability issues." Alternatives to the High Cost of Litigation 23, no. 8 (2005): 125–36. http://dx.doi.org/10.1002/alt.20087.

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Sonsteng-Person, Melanie, Lucero Herrera, Tia koonse, and Noah D. Zatz. "“Any Alternative Is Great If I’m Incarcerated”: A Case Study of Court-Ordered Community Service in Los Angeles County." Criminal Justice and Behavior 48, no. 1 (May 26, 2020): 32–53. http://dx.doi.org/10.1177/0093854820923373.

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California courts increasingly order community service for those convicted of nonviolent and minor misdemeanors or infractions, assigning unpaid work to be performed. While court-ordered community service has been used as an alternative to incarceration and the payment of fines, little is known about the monetary and personal costs for those completing it. A case study design is used to examine court-ordered community service performed in Southeast Los Angeles. Data were gathered from a quantitative dataset of 541 court files of those assigned to community service and 32 in-depth interviews with attorneys and court-ordered community service workers. While the quantitative data and Attorney interviews found that negative outcomes of community service can drive community service workers deeper into debt and result in new warrants that place defendants at risk for rearrest, individuals that completed community service appreciated the opportunity to pay off their criminal justice debts and stay out of jail.

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Miller, Larisa K. "The Decline of the Northern California Indian Association." California History 99, no. 3 (2022): 25–52. http://dx.doi.org/10.1525/ch.2022.99.3.25.

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Thousands of Indians in Northern California were landless, impoverished, and all but forgotten at the turn of the twentieth century. The Northern California Indian Association (NCIA), formed by Christian women in the Santa Clara Valley, sought to improve conditions for these people and spurred the federal government to provide them with land. After fifteen years of success and growth, in the 1910s the NCIA pivoted from supporting direct fieldwork among the Indians to establishing an Indian industrial school near Sacramento. A fire at the school in 1917 caused a devastating setback for the association. Despite having the financial health to survive this loss, the NCIA struggled to carry on. Decreasing membership numbers and an aging leadership indicated critical weaknesses in the organization. World War I and secularization exacerbated these structural problems. The NCIA viewed the emergence of a new organization, the Indian Board of Co-operation, founded by Frederick Collett and Beryl Bishop-Collett, as a significant threat. Frederick Collett accused NCIA members of subverting the fledgling board by maligning the Colletts among government Indian agents, attempting to prevent the board’s participation at the Panama–Pacific International Exposition, and urging the courts to remove a foster child from the Colletts’ care. With few voices advocating for the Indians of Northern California during this period, the NCIA succeeded in influencing government policy and shaping federal Indian policies and programs. The NCIA’s decline allowed a new organization to press for a new round of federal assistance while pushing state and local officials to take greater responsibility for California’s Indigenous peoples.

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Scammon, Debra L., and Mary Jane Sheffet. "Market Share Liability: An Analysis since Sindell." Journal of Public Policy & Marketing 11, no. 1 (March 1992): 1–11. http://dx.doi.org/10.1177/074391569201100101.

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The market share liability (MSL) theory generated much concern among marketers when it was introduced in the Sindell case in California in 1980. In the twelve years since that decision, courts in several states have considered the applicability of MSL in a variety of situations and have refined the theory considerably. This paper surveys key cases since 1980 and concludes that MSL has been upheld only by a handful of states and only in cases involving diethylstilbestrol (DES). The issues raised in Sindell and the ways in which courts have dealt with these issues are examined, and a policy solution for the recurring problems is proposed.

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Cleary, Megan. "Malpractice & Negligence: State Supreme Courts Limit Therapists’ Duties to Third Parties." Journal of Law, Medicine & Ethics 27, no. 2 (June 1999): 204–5. http://dx.doi.org/10.1017/s1073110500012985.

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In recent years, the law in the area of recovered memories in child sexual abuse cases has developed rapidly. See J.K. Murray, “Repression, Memory & Suggestibility: A Call for Limitations on the Admissibility of Repressed Memory Testimony in Abuse Trials,” University of Colorado Law Review, 66 (1995): 477-522, at 479. Three cases have defined the scope of liability to third parties. The cases, decided within six months of each other, all involved lawsuits by third parties against therapists, based on treatment in which the patients recovered memories of sexual abuse. The New Hampshire Supreme Court, in Hungerford v. Jones, 722 A.2d 478 (N.H. 1998), allowed such a claim to survive, while the supreme courts in Iowa, in J.A.H. v. Wadle & Associates, 589 N.W.2d 256 (Iowa 1999), and California, in Eear v. Sills, 82 Cal. Rptr. 281 (1991), rejected lawsuits brought by nonpatients for professional liability.

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Burns, Stacy Lee, and Mark Peyrot. "Tough Love: Nurturing and Coercing Responsibility and Recovery in California Drug Courts." Social Problems 50, no. 3 (August 2003): 416–38. http://dx.doi.org/10.1525/sp.2003.50.3.416.

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Sonkin, Daniel J. "Clairvoyance vs. Common Sense: Therapist’s Duty to Warn and Protect." Violence and Victims 1, no. 1 (January 1986): 7–22. http://dx.doi.org/10.1891/0886-6708.1.1.7.

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This article addresses the issue of a therapist’s duty to warn and protect victims of domestic violence. In three different cases, California courts have found therapists liable for violent acts perpetrated by clients in their care. Based on the landmark Tarasoff case that mandated the therapist to report threats made by their clients regarding a specific victim, the courts have now extended the therapist’s duty to include the reporting of those clients they assess as dangerous but who have not made specific threats, as well as the protection of unintended victims of violence, such as children. Therapists are concerned that the courts are expecting them to be clairvoyant and that psychologists may not be able to predict dangerousness. This article will discuss these concerns in light of the current state of the art regarding the prediction of dangerousness and its relationship to domestic violence. The author suggests specific clinical interventions for victims and perpetrators of domestic violence.

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Seinfeld, Gil. "Climate Change Litigation in the Federal Courts: Jurisdictional Lessons from California v. BP." Michigan Law Review Online, no. 117 (2018): 25. http://dx.doi.org/10.36644/mlr.online.117.climate.

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On March 21 of this year, something unusual took place at a U.S. courthouse in San Francisco: a group of scientists and attorneys provided Federal District Judge William H. Alsup with a crash course in climate science. The five-hour tutorial was ordered by Judge Alsup in connection with a lawsuit that had been filed by the cities of Oakland and San Francisco (“the Cities”) against the world’s five largest producers of fossil fuels. The central issue in the case is whether the energy companies can be held liable for continuing to market fossil fuels long after they learned that such fuels contribute to climate change. As you might expect, the lawsuit has attracted a great deal of attention. There are billions of dollars at stake in this case alone, and if the Cities secure a favorable verdict, hordes of public and private plaintiffs will surely follow suit. The case thus carries the potential to reallocate some of the massive social costs associated with climate change.

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Bagley, Nicholas. "California v. Texas — Ending the Campaign to Undo the ACA in the Courts." New England Journal of Medicine 385, no. 8 (August 19, 2021): 673–75. http://dx.doi.org/10.1056/nejmp2110516.

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Bakken, Gordon Morris. "The Courts, the Legal Profession, and the Development of Law in Early California." California History 81, no. 3-4 (January 1, 2003): 74–95. http://dx.doi.org/10.2307/25161700.

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Fritz, Christian G. "A Nineteenth Century "Habeas Corpus Mill": The Chinese before the Federal Courts in California." American Journal of Legal History 32, no. 4 (October 1988): 347. http://dx.doi.org/10.2307/845742.

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Van Vleck, Va Nee L., and David Vera. "Cops and/or courts? A heterogeneous panel Granger-causality analysis of DUI in California." International Journal of Social Economics 44, no. 3 (March 6, 2017): 286–311. http://dx.doi.org/10.1108/ijse-06-2015-0163.

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Purpose The purpose of this paper is to examine the interaction of enforcement and adjudication for general deterrence of drunk-driving. The authors present a triangular feedback model between three domains: police, courts and drunk-driving events. The authors’ deductive approach imposes no structural assumptions beyond the core of general deterrence theory. Design/methodology/approach Using a largely untapped data set for California’s 58 counties from 1990 to 2010, the authors estimate a series of heterogeneous panel Granger non-causality tests. This empirically based evidence is re-organized per the proposed triangular feedback model to objectively categorize local criminal justice systems as active, responsive or reactive (with respect to drunk-driving). Findings Our results suggest that state-level analyses obscure useful variations that empirical panel methods can now handle. The authors provide evidence that research based on empirically derived groupings, rather than inductively based preconceptions, is key to understanding enforcement and compliance. The authors provide a less confounded picture of the relationship between drunk-driving enforcement and adjudication. Research limitations/implications Our study addresses one offense for a particular state in the USA. It is an exploratory analysis. This analytical and empirical approach is new. Practical implications Our approach imposes very few a priori assumptions and requires a minimum of data series to be executed. The method can be broadly applied to a range of topics and observational units. Social implications The authors aim to expand identification of local systems’ effectiveness (or not) and mechanisms of for general deterrence of drunk-driving. The offense is one that can be committed easily and unintentionally; it does not presume anomie. The authors address general communities, not anomalies. Knowing how enforcement and compliance operate is essential to an array of behavioral externalities. Originality/value This is a new empirically based approach for analyzing social systems. It is a marriage of new macroeconomic time-series techniques with an old question, most often addressed by microeconomic research. This study uses an underutilized data source to construct a unique panel data set.

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Tinker, John N., John Quiring, and Yvonne Pimentel. "Ethnic Bias in California Courts: A Case Study of Chicano and Anglo Felony Defendants." Sociological Inquiry 55, no. 1 (January 1985): 83–96. http://dx.doi.org/10.1111/j.1475-682x.1985.tb00852.x.

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Pisani, Donald J. "The Squatter and Natural Law in Nineteenth-Century America." Agricultural History 81, no. 4 (October 1, 2007): 443–63. http://dx.doi.org/10.1215/00021482-81.4.443.

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Abstract In the decade before the California Gold Rush, the popular idea that Americans held a natural right to land as a legacy of the American Revolution was enriched and expanded by such events as the Dorr Rebellion in Rhode Island, the Anti-Rent War in New York, the flood of Irish refugees into New York City, growing opposition to the expansion of slavery into new territories acquired during the war with Mexico, and the Revolution of 1848 in Europe. These events strengthened popular sovereignty and the notion that human beings had rights that transcended those defined by legislatures, courts, or even constitutions. They also promoted a new discussion of how values within the United States differed from those in Europe--where land was scarce and served as the foundation for aristocratic regimes and sharp class differences. The squatter was a ubiquitous figure on every frontier of the United States, but none more than California, where both town sites and agricultural land were covered by Mexican land grants that took decades to define and confirm. This article tells the story of how powerful forces in California undermined squatter rights--and the heritage of the American Revolution as well.

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Bush, Ellen M. "Access to Governors' Records: State Statutes and the Use of Executive Privilege." Journalism Quarterly 71, no. 1 (March 1994): 135–44. http://dx.doi.org/10.1177/107769909407100113.

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This study looks at open records laws in all fifty states to determine where governors' records are open. The study also examines state appellate case law regarding access to records and governors' use of executive privilege. Reasons behind the executive privilege theory and the advantages and disadvantages for the public are explored. Recent cases in California, Alaska, and Virginia indicate a change in the type of material governors seek to protect using executive privilege. State courts have protected factual material such as appointment files, schedules, and phone bills, rather than just deliberative material.

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Fore, Wyatt. "A Joyful Heart Is Good Medicine: Sexuality Conversion Bans in the Courts." Michigan Journal of Gender & Law, no. 21.2 (2014): 311. http://dx.doi.org/10.36641/mjgl.21.2.joyful.

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Led by California and New Jersey, states have begun to ban Sexual Orientation Change Efforts (SOCE) for minors. States have targeted SOCE, also called ‘gay conversion therapy,’ by regulating state licensure requirements for mental health professionals. Conservative legal groups have challenged these bans in federal court, alleging a variety of constitutional violations sounding in the First and Fourteenth Amendments. More specifically, these legal groups propose theories claiming that the bans infringe upon individuals’ freedom of speech, free exercise, and parental rights. In this Note, I survey the history of these bans, as well as court decisions that have rejected constitutional challenges to the laws. This Note then proposes and rejects another potential theory challenging the bans under the Due Process Clause’s right to privacy. Finally, this Note proposes that this new wave of state legislation reflects a wider shift in the LGBT community’s priorities, tactics, and messages.

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L., J. F. "JUNK SCIENCE JUNKED." Pediatrics 95, no. 3 (March 1, 1995): 388. http://dx.doi.org/10.1542/peds.95.3.388.

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It took a decade, but in a California courtroom this month science finally beat the plaintiffs' lawyers. The Ninth Circuit Court of Appeals dismissed the notorious Bendectin case. This was the lawsuit brought by the parents of two children who said their sons' birth defects were caused by the anti-morning sickness drug that the mothers took during their pregnancies. The dismissal is a giant step toward returning sanity to our out-of-control tort liability system. In a unanimous opinion filed on January 4, a three-judge panel ruled that the science offered up by the plaintiffs' experts was inadequate. The court pointed out that none of their findings had been published in scientific journals or offered up for peer review. The court didn't mince words. "Bendectin litigation has been pending in the courts for over a decade," Judge Alex Kozinski's scathing opinion reads, "yet the only review the plaintiffs' experts' work has received has been by judges and juries, and the only place their theories and studies have been published is in the pages of federal and state reporters." Or as we would put it, the aim of this case wasn't a search for truth and justice but a search for deep pockets.

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Sagatun, Inger J. "A Comparison of Child Abuse Cases in Juvenile, Family and Criminal Courts: The California Model." Juvenile and Family Court Journal 41, no. 1 (February 1990): 39–45. http://dx.doi.org/10.1111/j.1755-6988.1990.tb00667.x.

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Minard, Maureen. "Women Who Kill Men: California Courts, Gender, and the Press (Law in the American West)." Journal of Popular Culture 43, no. 3 (June 2010): 654–55. http://dx.doi.org/10.1111/j.1540-5931.2010.00762_6.x.

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Kim, Tae Hyun, and Eun Chul Kim. "The Study of Criteria to Judge a Platform Worker as an Employee Focused on the Domestic and International Judicial Cases." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 14, no. 2 (December 31, 2023): 39–74. http://dx.doi.org/10.34267/cbstl.2023.14.2.39.

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This study aims to examine domestic and international cases regarding the labor status of platform workers and explore policy implications for Korea. Recently, the number of platform workers has significantly increased due to technological advancements. Unlike traditional dependent labor, identifying the actual labor provision relationship of platform workers is challenging. Recognizing the worker status of platform workers is also difficult because they often provide forms of labor that do not meet traditional indicators of worker status. In particular, some users tend to misclassify actual workers as independent contractors to avoid the application of labor laws. There is a need to improve the system to protect platform workers who provide labor for others but are not currently protected by the law. Recently, courts in the United States and other countries have acknowledged the worker status of platform workers. It appears that countries recognize the need for legal protection of platform workers and are strengthening protection by introducing flexibility in determining worker status. In the United States, the California Supreme Court, in the Dynamex case, proposed the ʻABC testʼ as a new standard for determining worker status. The ABC test shifts the burden of proof in worker status cases to the employer, requiring them to prove that (A) the laborer is completely free from the employerʼs direction and supervision, both contractually and in practice, in the performance of the work; (B) the work is outside the ordinary course of the employerʼs business; and (C) the laborer is truly self-employed with a separate and independent business in the same field. The California Supreme Court has made it clear that if the employer cannot prove elements A, B, and C, the labor provider is considered an employee, potentially enhancing protections for platform workers. In Korea, the recent ruling by the Seoul High Court in 2023, recognizing the worker status of platform workers (Tada drivers), has garnered significant attention. Beyond the importance of this ruling for the protection of platform workers, failure to develop Koreaʼs worker concept jurisprudence in a more inclusive direction may render labor laws inadequate in safeguarding various new forms of platform labor and those who provide labor through artificial intelligence and algorithms. Indicators for worker determination and measures for protecting labor providers need to evolve to encompass various forms of labor provision, including platform labor. In this regard, it is noteworthy that courts worldwide are increasingly interpreting the worker test to extend protection to platform workers as recognized workers. While the Korean government is actively working to protect platform workers, there is an urgent need for legal protection for the growing number of platform workers. It is essential to study, review, and improve the system by drawing insights from foreign court cases to ensure comprehensive protection for platform workers.

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Journal articles on the topic 'Courts, california'

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