California Western law review最新文献

Judicial review of medical treatment programs. 医疗项目的司法审查。

California Western law review Pub Date : 2018-10-30 DOI: 10.31228/osf.io/ph6vr

H. Beresford

引用次数: 0

The Constitutionalization of Fatherhood 父权的宪法化

California Western law review Pub Date : 2018-08-15 DOI: 10.2139/SSRN.3232393

Dara E. Purvis

{"title":"The Constitutionalization of Fatherhood","authors":"Dara E. Purvis","doi":"10.2139/SSRN.3232393","DOIUrl":"https://doi.org/10.2139/SSRN.3232393","url":null,"abstract":"Beginning in the 1970s, the Supreme Court heard a series of challenges to family law statutes brought by unwed biological fathers, questioning the constitutionality of laws that treated unwed fathers differently than unwed mothers. The Court’s opinions created a starkly different constitutional status for unwed fathers than for unwed mothers, demanding additional actions and relationships before an unwed father was considered a constitutional father. Although state parentage statutes have progressed beyond their 1970s incarnations, the doctrine created in those family law cases continues to have impact far beyond family law. Transmission of citizenship in the context of immigration law and the inheritance rights of children of unwed parents whose fathers died without a will echo the reasoning of the family law cases, including two unwed father principles giving legal imprimatur to stereotypes about fathers. Across multiple areas of law, therefore, unwed fathers are not constitutional fathers. It is not enough, however, to simply revive past challenges to such statutes: individual criticisms of each line of cases have not prompted reconsideration of the cases purely on their own terms. This paper identifies a new approach, however, using modern precedents to provide a clearer theory of constitutionalizing fathers: Obergefell v. Hodges illustrates a methodology of analyzing claims that involve the unequal application of a fundamental right, and Sessions v. Morales-Santana provides the substantive rejection of gendered parental stereotypes that fills out Obergefell’s framework. The result is an unambiguous argument rooted in the Equal Protection Clause that will constitutionalize fathers across the law.","PeriodicalId":80858,"journal":{"name":"California Western law review","volume":"45 1","pages":"541"},"PeriodicalIF":0.0,"publicationDate":"2018-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76325465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Economic Rationality and Ethical Values in Design-Defect Analysis: The Trolley Problem and Autonomous Vehicles 设计缺陷分析中的经济合理性与伦理价值:电车问题与自动驾驶汽车

California Western law review Pub Date : 2018-01-15 DOI: 10.31228/osf.io/pr3ek

W. Wendel

{"title":"Economic Rationality and Ethical Values in Design-Defect Analysis: The Trolley Problem and Autonomous Vehicles","authors":"W. Wendel","doi":"10.31228/osf.io/pr3ek","DOIUrl":"https://doi.org/10.31228/osf.io/pr3ek","url":null,"abstract":"The trolley problem is a well-known thought experiment in moral philosophy, used to explore issues such as rights, deontological reasons, and intention and the doctrine of double effect. Recently it has featured prominently in popular discussions of decision making by autonomous vehicle systems. For example, a Mercedes-Benz executive stated that, if faced with the choice between running over a child that had unexpectedly darted into the road and steering suddenly, causing a rollover accident that would kill the driver, an automated Mercedes would opt to kill the child. This paper considers not the ethical issues raised by such dilemmas, but the liability of vehicle manufacturers for injuries that foreseeably result from the design of autonomous systems. Some of the recent commentary on the liability of autonomous vehicle manufacturers suggests unfamiliarity with modern products liability law, particularly the design-defect standard in the Third Restatement of Torts. A superficial understanding of products liability principles – for example, believing it is a regime of strict liability in any meaningful sense – can lead to serious errors in the application of this area of law to autonomous vehicles. It is also a mistake to believe that the economic approach to negligence liability, as developed by Posner and Calabresi, accurately characterizes modern products liability principles. Under the Third Restatement approach, a court or jury will consider whether a product embodies a reasonable balance of safety and utility, and “reasonable” can be interpreted in accordance with ordinary community ethical standards. Thus, some of the issues that are central to resolving trolley problems in moral philosophy may actually recur in design-defect litigation.","PeriodicalId":80858,"journal":{"name":"California Western law review","volume":"55 1","pages":"3"},"PeriodicalIF":0.0,"publicationDate":"2018-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45695742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Shaping the Disclosure Tort: A History of Scholars' Early Importance and Modern Impotence 塑造披露侵权:学者早期重要性与现代无能的历史

California Western law review Pub Date : 2012-01-01 DOI: 10.2139/ssrn.2040888

J. Wilkerson

引用次数: 0

'Who are Those Guys?' The Results of a Survey Studying the Information Literacy of Incoming Law Students “那些家伙是谁?”法学新生信息素养调查结果分析

California Western law review Pub Date : 2007-07-31 DOI: 10.2139/SSRN.1004088

I. Gallacher

引用次数: 20

Confronting the Rights Deficit at Home: Is the Nation Prepared in the Aftermath of Katrina? Confronting the Myth of Efficiency 面对国内的权利赤字:国家准备好应对卡特里娜飓风的后果了吗?直面效率的神话

California Western law review Pub Date : 2006-01-01 DOI: 10.2139/ssrn.3344603

M. Medina

引用次数: 2

Searching for Narcotics in San Diego: Preliminary Findings from the San Diego Search Warrant Project 在圣地亚哥搜索毒品:圣地亚哥搜查令项目的初步调查结果

California Western law review Pub Date : 2000-10-12 DOI: 10.2139/SSRN.240970

L. Benner, Charles T. Samarkos

{"title":"Searching for Narcotics in San Diego: Preliminary Findings from the San Diego Search Warrant Project","authors":"L. Benner, Charles T. Samarkos","doi":"10.2139/SSRN.240970","DOIUrl":"https://doi.org/10.2139/SSRN.240970","url":null,"abstract":"The San Diego Search Warrant Project is undertaking one of the most in-depth studies of search warrant practices since the National Center for State Courts' classic study (Duizend, Sutton & Carter, The Search Warrant Process, 1984). In this article, we report the results of our study of narcotics search warrants. Examining more than 75 variables, we explore issues central to the integrity of the warrant process, analyze racial disparities among search warrant targets, and look at sources of probable cause, judge shopping, the effect of delayed execution upon success rates, and court dispositions. Some of the highlights are described briefly below. We found significant racial disparity with respect to those targeted by narcotics search warrants. The overwhelming majority of the searches involved minority residences. Only 14% of the narcotics warrants targeted White subjects. African Americans were four times more likely to be targeted by a search warrant for narcotics than Whites. Hispanics were twice as likely as Whites to be the subject of such a search. Controlling for type of drug, we found these disparities were related to search warrants for cocaine. By contrast, search warrants for methamphetamine targeted racial groups in roughly the same proportion as each group reportedly used that drug. However, less than one percent of the warrants for cocaine (both rock and powder) targeted Whites. Our study of probable cause affidavits revealed that police rely heavily upon anonymous tips and confidential informants. However, in contrast to the 1984 study, police routinely stated in these affidavits that they corroborated such tips by conducting a controlled buy. This remarkable finding is viewed with some caution, however, in light of our discovery that many affidavits were created by using a computer program containing boilerplate paragraphs which parrot technically correct statements of generic probable cause, including the description of a proper controlled buy. The danger such \"cookie cutter\" affidavits pose to the integrity of the search warrant process is discussed in the context of another anomaly - the phantom affidavit. In half of the cases involving confidential informants, the officer who signed the affidavit under oath did not have personal knowledge of the informant's background and activities, but simply relayed information (constituting double or triple hearsay) reported by another unsworn officer. The study documented that a small, select group of judges issued 75% of all narcotics search warrants. The success rates of the warrants issued by these judges varied widely. Less that half of all search warrants issued resulted in recovery of the drug sought. While 63% of the search warrants for methamphetamine were successful, only 28% of the warrants for rock cocaine retrieved their target. Weapons were found in only 14% of the searches. Where drugs were seized, all of the dispositions that could be traced resulted in guilty pleas, with ","PeriodicalId":80858,"journal":{"name":"California Western law review","volume":"36 1","pages":"3"},"PeriodicalIF":0.0,"publicationDate":"2000-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68187249","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4