California Law Research Articles

Criteria for placing older adults in public conservatorship: age as proxy for need.

This study was conducted on a sample of 589 adult public conservatees in Los Angeles County, California, to determine whether the process used to assign them into conservatorship is age-blind, as California law suggests. Findings indicate that age is not associated with the amount of time spent evaluating adults for conservatorship but that increasing age, rather than need, is associated with assignment into Probate conservatorship. The association of age with Probate conservatorship appears to result from the vagueness of the criteria for Probate conservatorship-unable to manage-resulting in the use of age as a proxy for need in the case of decisionally impaired older adults.

Rand's rebuttal: CJRA study results reflect court ADR usage—not perceptions

Alternatives to the High Cost of LitigationVolume 15, Issue 6 p. 79-80 Article Rand's rebuttal: CJRA study results reflect court ADR usage—not perceptions Dr. Deborah R. Hensler, Dr. Deborah R. Hensler Deborah R. Hensler is director of the Rand Institute for Civil Justice in Santa Monica, Calif., and professor of law and social science at the University of Southern California Law Center. She is a sustaining academic/public member of CPR and is a member of CPR's Judicial Project Advisory Council.Search for more papers by this author Dr. Deborah R. Hensler, Dr. Deborah R. Hensler Deborah R. Hensler is director of the Rand Institute for Civil Justice in Santa Monica, Calif., and professor of law and social science at the University of Southern California Law Center. She is a sustaining academic/public member of CPR and is a member of CPR's Judicial Project Advisory Council.Search for more papers by this author First published: 10 July 2009 https://doi.org/10.1002/alt.3810150604 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume15, Issue6June 1997Pages 79-80 RelatedInformation

Uncontested Seats and Electoral Competition for the U.S. House of Representatives Over Time

We examine how changes in the incidence of uncontested seats for the US House of Representatives over time reflect responses to partisan change, changes in electoral rules, and long-term secular changes in the American political system We use a multiple interrupted times series model to test the relationship between the number of uncontested House seats from 1912 to 1994 and the 1932 realignment, midterm elections, the rise of the Republican South, redistricting, the abolition of crossfiling laws in California, and the pronounced rise of the incumbency advantage since 1966 We test models explaining the number of uncontested House seats occupied by each party and the difference between the parties in the number of those seats. We find that the rise of the Republican South started in 1964 and the incidence of midterm elections contributed strongly to changes in the overall rate of uncontested House races.

Uncontested Seats and Electoral Competition for the U.S. House of Representatives Over Time

We examine how changes in the incidence of uncontested seats for the US House of Representatives over time reflect responses to partisan change, changes in electoral rules, and long-term secular changes in the American political system We use a multiple interrupted times series model to test the relationship between the number of uncontested House seats from 1912 to 1994 and the 1932 realignment, midterm elections, the rise of the Republican South, redistricting, the abolition of crossfiling laws in California, and the pronounced rise of the incumbency advantage since 1966 We test models explaining the number of uncontested House seats occupied by each party and the difference between the parties in the number of those seats. We find that the rise of the Republican South started in 1964 and the incidence of midterm elections contributed strongly to changes in the overall rate of uncontested House races.

Trade Without Law: Private-Order Institutions in Mexican California

Trade prospered in absence of law in California during the 1830s and 1840s. Merchants, through intermerchant trade and the partnerships they organized to buy goods abroad, played a central role in trade. This article examines the private-order institution that facilitated intermerchant trade. The hypothesis is that a particular type of private-order institution, a coalition, governed agency relations among merchants in California. Within the coalition, a reputation mechanism mitigated the commitment problem inherent in having individuals handle goods that they did not own by linking a merchant's past behavior and his future payoff. Evidence from the merchants' business correspondence supports the hypothesis. A game-theoretic model of a coalition is presented. The model provides insight into the punishment merchants imposed on cheaters, the expansion of the coalition in the 1830s, and its collapse around the time of the gold rush in 1848–1849

Privacy Survival Guide: How to Take Control of Your Personal Information

Privacy Survival Guide: How to Take Control of Your Personal Information

Law, Rights, and Local Labor Politics in California, 1901–1911: Reflections on Recent Labor Law Historiography

In a 1987 essay on labor and the American constitutional order, Leon Fink observed that, in “American labor history the law has yet to be fully explored.” Fink's observation is less true today than when he made it some ten years ago; indeed, even as the essay appeared, a number of historians, legal scholars, and political scientists were already beginning to construct new interpretations of American labor history by focusing on the complex and often decisive impact of the law and legal discourse on labor strategy, politics, and ideology. Although Fink's wide-ranging essay surveyed labor's encounters with the Constitution from the antebellum period to the post-World War II era, he concentrated on the late nineteenth and early twentieth centuries, a period in which organized labor moved away from a broad politics of reform toward a more conservative, apolitical trade unionism. Fink notes that it was during this period of “‘exceptionalist’ drift” – when the developmental trajectory of the American labor movement be gan to diverge from its European counterparts – that “legal issues took on their most determining historical role.”

Comparing absentee and precinct voters: A view over time

This paper examines the trend in absentee voting over the last 30 years in California. With the liberalization of absentee voting laws and practices, an increase in the numbers of absentee voters quickly followed. Absentee voters have already demonstrated their ability to influence the outcomes of local elections. An open question is what will become of absentee voters in the future. If they are the model for “voting at home,” and if technological advances allow such, then the behavior of current absentee voters may be indicative of the future electorate. The increasing trend of voters opting for absentee ballots is analyzed by using GLS on a random-effects time-series cross-section model with county-level data. The focus is on identifying structural factors such as changing voter demographics that have influenced the decision of voters to cast absentee ballots. Thirty-three recent statewide elections in California are the basis for this analysis, covering the statewide primary and general elections from November 1962 through November 1994. We find that the impact of demographics and time trends on absentee voting differ between general and primary elections. In addition, we find that a 1977 liberalization law in California had the effect of accelerating the usage of the absentee format. Finally, we conclude that absentee and precinct voting are substitutes in general elections but complements in primary elections.

Allocation of loss and application of insurer settlements— new developments in California law

The issues of allocation of loss and application of insurer settlements are ripening for determination in the environmental insurance coverage context. As more and more cases proceed to trial, the allocation questions come into focus. This article first considers the principles of loss allocation which are properly drawn from the pronouncements of the California Supreme Court in Montrose, and other relevant and recent cases, and applies those principles to a hypothetical claim. The article then sets forth a framework for summary judgment by proposing to utilize the insured's own assumptions for the largest possible dollar claims for damages and the smallest possible range of potential years of allocation. Finally, the article considers the effect of settlements by other insurers that were previously defendants in a coverage case.

The Martinsville Seven: Race, Rape, and Capital Punishment.

Journal Article The Martinsville Seven: Race, Rape, and Capital Punishment. By Eric W. Rise. (Charlottesville: University Press of Virginia, 1995. xii, 216 pp. $27.95, ISBN 0-8139-1567-8.) Get access Michal R. Belknap Michal R. Belknap California Western School of Law and University of California, San Diego, California Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 83, Issue 1, June 1996, Page 269, https://doi.org/10.2307/2945594 Published: 01 June 1996

Asking Age and Identification May Decrease Minors' Access to Tobacco

Background.Many merchant education programs entail efforts to increase cashiers' requests for minors' age and/or identification (proving themselves old enough to purchase cigarettes) as a means of decreasing minors' access to tobacco. However, whether such questions are actually associated with decreased sales to minors has never been investigated. We present the first investigation of the role of such questions in sales of tobacco to minors.Methods.Thirty-six minors, representing equal numbers of girls, boys, whites, blacks, and Latinos and of 10-, 14-, and 16-year-olds, each attempted to purchase cigarettes once in each of 72 stores, for a total of 2,567 purchase attempts. The frequency of asking the children their age and/or for identification (ID) was analyzed along with the role of these questions in subsequent sales.Results.The data revealed that requesting age/ID was rare (occurring 17% of the time) despite the laws in California requiring clerks to do so. When age was asked, however, minors were refused cigarettes 95.8% of the time, and when ID was requested, they were refused cigarettes 99.0% of the time. Asking for ID may be more strongly associated with decreased sales than asking age. For example, for 16-year-olds, asking age decreased sales from 57.2% (when no questions were asked) to 8.5% of the time, and asking ID decreased sales to 2.4% of the time.Conclusions.These data provide empirical support for the widespread belief that the success of interventions with retailers can be improved by enhancing efforts to increase merchants' requests for children's ID.

Environmental assessment for wastewater reclamation and reuse projects

The purpose of an environmental review and assessment is to incorporate environmental considerations into the planning process. Prior to the selection of a specific project alternative, a thorough and unbiased analysis of the environmental impacts of every reasonable project alternative should be made. It is intended that environmental concerns be considered on an equal basis with engineering feasibility, economics, and social considerations in wastewater reclamation and reuse. This paper discusses the “procedural” and “substantive” provisions of environmental law in the United States; National Environmental Policy Act (NEPA), and more specifically the law in California; California Environmental Quality Act (CEQA). The procedural aspects require the preparation of an environmental document such as an environmental impact statement (EIS) or an environmental impact report (EIR) and the substantive provisions require mitigation of harmful environmental impacts. Suggested outlines of the content of an EIS and an EIR are provided. Specific impacts associated with wastewater reclamation projects such as groundwater impacts and growth inducing impacts are discussed. This paper is intended to be a useful tool for the planning of any wastewater reclamation and reuse project. Two examples are given for this purpose.

An obligation to provide abortion services: what happens when physicians refuse?

Access to abortion services in the United States continues to decline. It does so not because of significant changes in legislation or court rulings but because fewer and fewer physicians wish to perform abortions and because most states now have "conscientious objection" legislation that makes it easy for physicians to refuse to do so. We argue in this paper that physicians have an obligation to perform all socially sanctioned medical services, including abortions, and thus that the burden of justification lies upon those who wish to be excused from that obligation. That is, such persons should have to show how requiring them to perform abortions would represent a serious threat to their fundamental moral or religious beliefs. We use current California law as an example of legislation that does not take physicians' obligations into account and thus allows them too easily to declare conscientious objection.

The impact of health maintenance organization care authorization policy on an emergency department before California's new managed care law.

To examine the effect on patient care of HMO-mandated calls for authorization prior to ED evaluation. The study examined this phenomenon prior to implementation of a California law that discourages such calls. Concurrent data were collected for patients who presented to the ED and who had authorization calls made to their HMOs prior to their ED evaluations during the period September through December 1994. Data collected included: 1) the number of authorization calls made, 2) the frequency that ED care was deemed unnecessary by the HMO, 3) the outcomes of patients denied authorization, and 4) the time and personnel involved in completing calls. Follow-up phone calls were made to patients who left the ED after the HMO denied authorization for payment. The total ED census was 19,935 patient visits for the four-month period. Authorization calls were made for 4,642 (23%) of the ED visits. There were 545 patients (12%) in this group who had authorization denied and only 29 (5%) chose to remain in the ED for continued evaluation. The total time required to complete a call ranged from 20 minutes to 2.6 hours. Authorization calls and denials caused the following problems: 1) patients for whom calls were made were subject to delays in ED care; 2) at least seven patients referred to HMO clinics were referred back to the ED because the patient was too sick to receive clinic care; 3) patients were inconsistently asked to sign an against-medical-advice form when they chose to leave with unstable conditions; and 4) high-risk patients denied authorization included patients with final diagnoses of ectopic pregnancy, acute myocardial infarction, pulmonary embolus, respiratory failure, and sepsis. Calls for payment authorization prior to ED patient evaluation delay patient care and place some patients' health and safety in jeopardy.

Identification of dynamic properties of isolated structures

This paper develops an identification scheme to investigate the dynamic behaviour of isolated structures in which laminated rubber bearings are used. A linear model is used for the superstructure while a bilinear hysteretic model is chosen for the isolation system. The modal parameters of the superstructure are estimated on the basis of an iterative identification algorithm and are employed to identify the parameter values of the isolation system. The essence of this study is the application of the Masing criterion by which hysteretic loops of bearings may be characterized through the skeleton curve. The multivalue restoring force is then transformed into a single-value function so that the ordinary identification process can be carried out with only minimal computational effort beyond that required for the identification of a linear system. Numerical examples include the four-storey Foothill Communities Law and Justice Center in California and show the feasibility of the proposed technique for identifying the hysteretic isolation system.

Environmental assessment for wastewater reclamation and reuse projects

The purpose of an environmental review and assessment is to incorporate environmental considerations into the planning process. Prior to the selection of a specific project alternative, a thorough and unbiased analysis of the environmental impacts of every reasonable project alternative should be made. It is intended that environmental concerns be considered on an equal basis with engineering feasibility, economics, and social considerations in wastewater reclamation and reuse. This paper discusses the “procedural” and “substantive” provisions of environmental law in the United States; National Environmental Policy Act (NEPA), and more specifically the law in California; California Environmental Quality Act (CEQA). The procedural aspects require the preparation of an environmental document such as an environmental impact statement (EIS) or an environmental impact report (EIR) and the substantive provisions require mitigation of harmful environmental impacts. Suggested outlines of the content of an EIS and an EIR are provided. Specific impacts associated with wastewater reclamation projects such as groundwater impacts and growth inducing impacts are discussed. This paper is intended to be a useful tool for the planning of any wastewater reclamation and reuse project. Two examples are given for this purpose.

The rise and fall? Of mental stress claims in the USA

Abstract Occupation-related mental stress has been associated with significant loss in terms of diminished productivity, higher absenteeism, and increased workers' compensation claims. The Liberty Mutual Group workers' compensation data were analysed for the years 1984-93 for mental stress-related claims. This represented over 7 million claims, over 17000 of which were identified as mental stress-related. The proportion of all stress claims was estimated for each year. The proportion by gender, age and occupation (job classification code and occupation name) was also described. Stress claims increased during the late 1980s, peaking in 1991, accounting for 0.48% of all claims and 1.69% of all claims costs, and has declined since. Even at its peak, mental stress claims were not a major portion of workers' compensation losses. However, they are expensive. The average costs of a stress claim in 1993 was about $13000. The state of California accounts for 60% of the claims reported to Liberty Mutual over this 10-year period. In 1993 women accounted for 51% of the stress claims and about 30% of all claims. The mean age of workers with stress claims was 39.3 years, with most stress claims from 30 to 34 year-olds. High-risk occupations and industries include banks, insurance companies, general labourers, management, salespersons, and drivers. The current decline in stress claims can largely be explained by a combination of changes in unemployment, increasing litigation, and changes in law in California and other states that made more stringent the requirements whereby a mental stress claim can be considered work-related. While the data presented are helpful for comparing stress claims to all claims reported to Liberty Mutual and for identifying high-risk occupations and industries, because of the uniqueness of the stress claim selection algorithm and the uncertainties with cost estimates, the cost figures are not directly comparable to other claims reporting systems.

Hepatitis B virus serology in pregnant women: transmittal of results from obstetricians to pediatricians in California.

From late 1992 to early 1993, in order to assess the knowledge, attitudes and practice patterns of California obstetricians regarding hepatitis B virus screening of pregnant women and how maternal hepatitis B virus serologies are communicated by obstetricians to pediatricians, we mailed questionnaires to a random sample of 801 California obstetricians and 1030 California pediatricians. Response rates were 65.7% (526) for obstetricians and 71% (732) for pediatricians. Although 99.8% of the surveyed obstetricians indicated that they routinely screened all pregnant women for hepatitis B virus, their knowledge of the correct screening tests to order and their interpretation was mixed. Only 56.3% (95% confidence interval, 51.2 to 61.2) were aware of the California law and approximately 12% did not understand that it mandated universal screening of pregnant women. There was a great difference of opinion between obstetricians and pediatricians regarding how to communicate hepatitis B virus serology results on the mother. Forty-nine percent of obstetricians report that they always request the nurse to inform the pediatrician (48.6%), 51.2% always verbally inform the pediatrician, 39.1% always place an order in the mother's chart and 5.7% always send a letter to the pediatrician. In contrast only 12.9% of pediatricians responded that they always received maternal hepatitis B virus serology results from the obstetrical or nursery nurse, only 2.6% always received a verbal communication from the obstetrician, 14.1% always retrieved it from a written report in the mother's chart and 4.2% reported that they always received a letter from the obstetrician. A uniform system should be adopted to ensure efficient transmission of maternal hepatitis B serology results from obstetricians to pediatricians to ensure prompt treatment to prevent vertical transmission of hepatitis B.

Divorce Mediation: Negotiating Agreements and Renegotiating Relationships

Mediation techniques have ancient roots, but divorce first emerged as a distinct practice only in the 1970s (Folberg & Taylor, 1984). The first law about divorce in the United States was implemented in 1981. At that time, California legislation mandated that all parents with contested child custody or visitation disputes must attempt before a custody hearing would be held. Since the enactment of the California law, the states of Arizona, Delaware, Florida, Kentucky, Maine, Nevada, North Carolina, Oregon, Utah, and Wisconsin all have adopted legislation mandating the of custody disputes in at least some of their jurisdictions (Hendricks, 1993-94). No law can mandate a resolution of disputes in mediation, because such a ruling would violate due process rights. Thus, mediation really is a mandatory attempt at mediation. In practice, this usually means that parents must attend at least one meeting with a mediator. In circumstances where one partner feels threatened by the other, each partner may meet with the mediator separately. Discretionary divorce programs, where parents may be ordered to attempt based on a judge's individualized rulings, have been implemented by law and/or local court rulings in numerous states in addition to those with mandatory programs. Voluntary is even more widespread, as the service has been made available and encouraged for parents who are willing to try this alternative (Hendricks, 1993-94). Hundreds of voluntary programs have been mounted privately, or in courts, social service agencies, or community centers. Twenty-five years ago, the concept of divorce did not exist. Today, has created major alterations in judicial practice, and it continues to be at the forefront of change in family law. This article briefly describes the nature of mediation, reviews some reasons for its rapid development, summarizes research evidence comparing the outcomes of and litigation, and highlights some controversies about (see also Emery, 1994). DEFINING DIVORCE MEDIATION In divorce mediation, divorcing or divorced parents meet together with an impartial third party who helps them to identify, discuss, and hopefully resolve disputes that result from divorce. There are numerous psychological, interpersonal, and practical areas of conflict in divorce, but mediators typically limit negotiations to the five major issues addressed in the law. Finances comprise three important legal matters, specifically property division, spousal support, and child support. The remaining two issues are traditionally known as matters of custody and visitation. The terms custody and visitation carry many negative connotations, particularly to noncustodial parents who object to the idea of visiting their children. At the same time, the terms carry few clear legal denotations. Thus, the legal terms have been replaced with new, more palatable phrases (e.g., parental responsibilities) in some jurisdictions and with more specific designations (e.g., parenting plans) in others. Whatever the terminology, the two central childrearing disputes in divorce are: (a) where the children will reside according to what schedule and b) how parents will share and/or divide both day-to-day decisions and broader authority over childrearing (e.g., religious training). The most frequently practiced form of divorce focuses only on childrearing disputes and sometimes is called custody (Myers, Gallas, Hanson, & Keilitz, 1988). Comprehensive divorce is a less common form of practice that includes the negotiation of financial as well as childrearing disputes. Custody is the primary focus of the present article because the rationales for mediating custody disputes are most compelling. REASONS FOR THE RAPID DEVELOPMENT OF DIVORCE MEDIATION There are a number of reasons why divorce has grown so rapidly in approximately two decades of existence. …

Mandatory Reporting of Loss of Consciousness or Confusion Due to Alcohol-Reply

In Reply. —Dr Drucker's letter highlights an interesting problem for some physicians. He calls attention to the potential dilemma that physicians face as they try to identify people with alcohol problems, given the legal requirement that California physicians report all patients who have had episodes of a loss of consciousness or episodes of confusion. In California, this report would be filed with the local health department, which in turn would report to the Department of Motor Vehicles. I would not encourage physicians to fail to discharge their legal responsibilities as defined by California law or other states with similar regulations, nor would I want to do anything that would discourage physicians in their attempt to identify patients who may have unrecognized alcohol-related problems. I would call the reader's attention to my article. The MAST is composed of 24 questions. Its length and the time it takes to administer it preclude