UC Law Constitutional Quarterly

Volume 1
1973-74

Inaugural issue

Introduction by Tom C. Clark

ARTICLES

The Question of Impeachment by Arthur J. Goldberg

The Working Balance of the American Political Departments by Charles L. Black, Jr. 

The Executive Power in State and Federal Constitutions by William F. Swindler

The Bar and Watergate: Conversation with Chesterfield Smith

Newmen's Privilege by Federal Legislation: Within Congressional Power by Robert G. Dixon, Jr.  

The Constitution and Liberated Community Property in California -- Some Constitutional Issues and Problems under the Newly Enacted Dymally Bill by Jack F. Bonanno

A Data Bank on Constitutional Rights by Ann Fagan Ginger

NOTES

Battle of the Heavyweights: In This Corner Environmental Rights and in the Far Corner Free Travel Rights by Susan F. Dewey

United States v. Robinson, Gustafson v. Florida, and United States v. Calandra: Death Knell of the Exclusionary Rule by Douglas A. Voorsanger

The Constitutional Controversy of a Juvenile's Right to Bail in Juvenile Preadjudication Proceedings by Allene K. Richardson Hill

The Extent of the Border by Robert W. Sutis

Roe v. Wade: What Rights the Biological Father? by Elizabeth Hughes Georgius

United States v. Fuller: Just Compensation under Attack       by John F. Herlihy

Legislative Apportionment: The Contents of Pandora's box and Beyond by Robert F. Eimers

Volume 2
1974-1975

Issue 1

ARTICLES

Statistical Decision Theory and the Selection of Grand Jurors: Testing Discrimination in a Single Panel by Peter W. Sperlich

Remedies for School Segregation: A Limit on the Equity Power of the Federal Courts? by Charles A. Dell'Ario  

The Rule of Reasonableness in Constitutional Adjudication: Toward the End of Irresponsible Judicial Review and the Establishment of a Viable Theory of the Equal Protection Clause by Jeffrey M. Shaman

NOTES

Class Struggle in the Suburbs: Exclusionary Zoning against the Poor by Michael M. Burns

California Bankers Association v. Shultz: An Attack on the Bank Secrecy Act by L. Gene Sanford

The Value of the Copyright Clause in Construction of Copyright Law by Thomas Boggs Richards

Border Searches Revisited: The Constitutional Propriety of Fixed and Temporary Checkpoint Searches by Ken Keller

The Case against Impoundment by Richard Adley Salomon

Issue 2

ARTICLES

An Early View of Executive Powers and Privilege: The Trial of Smith and Ogden by Robert J. Reinstein

Milliken v. Bradley: The Meaning of the Constitution in School Desegregation Cases by Norman C. Amaker

Western Constitutionalism and African Nationbuilding: The Anglophonic East African Experience by Fletcher N. Baldwin Jr. 

Judicial Protection of the Constitution in Latin America by David S. Clark

Self-Limitation by the United Kingdom Parliament by O. Hood Phillips

NOTES

Notice and Due Process in Federal Class Actions: A Requiem for Revised Rule 23 by Duane W. Reno

Due Process Considerations in Grievance Arbitration Proceedings by Alan Carlson

Military Due Process and Election of Court-Martial Panels: An Illogical Gap in Fundamental Protection by Peter L. Colt

Electronic Surveillance, Title III, and the Requirement of Necessity by Daniel F. Cook

Kings' Garden Inc. v. FCC: Loosening the Political Hands of Caesar by Patricia Stern Green

Issue 3

ARTICLES

The Rich Get Richer and the Poor Get Taxes: Toward a Democratic Theory of Tax Reform by Harrop A. Freeman and Timothy J. Baland 

The Constitutional Framework and the Current Political Crisis in India by Fed P. Nanda 

Constitutional Prohibitions of Cruel, Inhumane or Unnecessary Death, Injury or Suffering During Law Enforcement Process by Jordan J. Paust 

NOTES

Cloak and Ledger: Is CIA Funding Constitutional? by Douglas P. Elliott  

Executive Agreements and the Intent behind the Treaty Power by Peter L. Fitzgerald 

Constitutional Right of Privacy and Investigative Consumer Reports: Little Brother is Watching You by Marsha Morrow McLaughlin and Suzanne Vaupel 

The Public's Right to Know: Pell v. Procunier and Saxbe v. Washington Post Co. by Lawrence K. Rockwell 

Issue 4

ARTICLES

Cutting the Gordian Knot: State Action and Self-Help Repossession by Lawrence A. Alexander 

Village of Belle Terre v. Boraas: Property Rights, Personal Rights and the Liberal Regime by William V. Frame and Thomas J. Scorza 

Standing Armies and Armed Citizens: An Historical Analysis of the Second Amendment by Roy G. Weatherup 

American Citizenship after Afroyim and Bellei: Continuing Controversy by David F. Schwartz 

Resident Aliens and the Right to Work: The Quest for Equal Protection by Simona F. Rosales 

NOTES

Due Process in Sentencing: A Right to Rebut the Presentence Report by Robert Andrew Harkness

Constitutional Issues in the Settlement of Property Claims Against Foreign States by Julie Bomke Bannerman 

Parens Patriae in Antitrust: A Blessing for the Consumer or an Affront to the Fourteenth Amendment? by Patricia E. Cole 

Nielsen v. the Regents: Children as Pawns or Persons by Barbara J. Konkle 

Gordon v. Justice Court: Defendant's Right to a Competent Tribunal by Lynda D. Nelson 

Volume 3
1975-1976

Issue 1

ARTICLES

Tribute to Justice Douglas, A Commentary by Arthur J. Goldberg

Mr. Justice Douglas: One Man's Opinions Commentary by William O. Douglas

Credentials of State Delegations to the U.N. General Assembly: A New Approach to Effectuation of Self-Determination for Southern Africa by Edward McWhinney

The Influence of Sitting and Retired Justices on Presidential Supreme Court Nominations by Henry J. Abraham and Bruce Allen Murphy

Voir Dire: How Should it Be Conducted to Ensure That Our Juries are Representative and Impartial by Jon Van Dyke

Inviolability of Privacy Belonging to a Citizen's Political Loyalties by Mark D. Rosenbaum

Deciding Federal Law Issues in Civil Proceedings: State Versus Federal Trial Courts by Leo Kanowitz

NOTES

Judicial Review of Military Administrative Decisions by John Michael Haggerty

Racial Desegregation in Louisiana: One Drop of Black Blood Makes a Negro by Kenneth A. Davis

Informational Privacy: Constitutional Challenges to the Collection and Dissemination of Personal Information by Government Agencies by Lawrence J. Leigh

Electronic Visual Surveillance and the Fourth Amendment: the Arrival of Big Brother by David P. Hodges

The Constitutional Implications of the Mayaguez Incident by Michael F. Kelley

Issue 2

ARTICLES

Parens Patriae Treatment: Legal Punishment in Disguise by Lee Coleman and Trudy Soloman

Disturbing Trends in the Law of Defamation: a Publishing Attorney's Opinion by Victor A. Kovner

Warren Court Critics: Where Are They Now That We Need Them by Isidore Silver

One Man-One Vote: In Pursuit of an Elusive Idea by Roland E. Walker, Jr.

NOTES

Warth v. Seiden: The Substantial Probability Test by Donna Petre Styne and Catherine Miller Van Aken

Due Process v. Defense Counsel's Unilateral Waiver of the Defendant's Right to Testify by Seth Dawson

Triangulating the Limits on the Tort of Invasion of Privacy: The Development of the Remedy in Light of the Expansion of Constitutional Privilege by Michael P. Lehmann

Donaldson, Dangerousness, and the Right to Treatment by George M. Grant

Issue 3

ARTICLES

Constitutional American Foreign Policy, A Commentary by Arthur J. Goldberg

Chief Justices I Never Knew by William H. Rehnquist

Constitution and the American Indian: Past and Prologue, The Commentary by Jerry Muskrat

Constitutional Faith, A Commentary by Anthony Lewis

Our California Constitutions: Retrospections In This Bicentennial Year by Leon Thomas David

NOTES

Constitutional Status of Commercial Expression by Elaine Bayus

So You Want to Move to the Suburbs: Policy Formulation and the Constitutionality of Municipal Growth-Restricting Plans by Richard D. Hoffman

Federal Trade Commission Today: The New Improved Improvements Act by Leslie Tyler

Issue 4

ARTICLES

A Moment of Truth on Racially Based Admissions by Larry M. Lavinsky

Bakke v. The Regents of the University of California by Jon Van Dyke

Constitution and the Moral Order by William H. Bennett

Law, Morality, and Thoreau by Philip H. Rhinelander

Bennett on the Moral Order by Edmund L. Pincoffs

On the Constitution and the Moral Order by Edwin J. Delattre

Constitution and the Moral Order - Professor Bennett's Response to Comments by William J. Bennett

Civil Disobedience: The Problem of Selective Obedience to Law by Steven R. Schlesinger

Judicial Review, James Bradley Thayer, and the Reasonable Doubt Test by Sanford Byron Gabin

Density Bonus Zoning to Provide Low and Moderate Cost Housing by Gregory Mellon Fox and Barbara Rosenfeld Davis

NOTES

United States v. Marchetti and Alfred A. Knopf, Inc. v. Colby: Secrecy 2; First Amendment 0 by David H. Ryan

Volume 4
1976-1977

Issue 1

ARTICLES

Death and Transfiguration of the State Action Doctrine- Moose Lodge v. Irvis to Runyon v. McCrary by Leslie Friedman Goldstein

Equal Access and the First Amendment: The Debate Behind "Speech or Debate"  by Deborah A. Coleman

Rights and Remedies in the Federal District Courts of Mexico and the United States by Carl E. Schwarz

NOTES

The Constitutional Right to Know by David Michael Ivester

Will the Victor be Denied the Spoils? Constitutional Challenges to Patronage Dismissals by Marita K. Marshall

Gag Orders on the Press: A Due Process Defense to Contempt Citations by Richard Harris

Issue 2

ARTICLES

The Supreme Court and the Constitutional Rights of Prisoners: a Reappraisal by Emily Calhoun

The Place for Judicial Activism on the Part of a State's Highest Court by James Duke Cameron

The Demise of the Implied Federal Preemption Doctrine by Robert S. Catz and Howard B. Lenard

NOTES

The Village of Arlington Heights: Equal Protection in the Suburban Zone by Robert J. Lotero

Porno Non Est Pro Bono Publico: Obscenity as a Public Nuisance in California by Roger Oglesby

Young v. American Mini Theatres, Inc.: Creating Levels of Protected Speech by Cynthia D. Stevenin

Seduction in Wonderland:The Need for a Seller's Fiduciary Duty Toward Children by Sidney M. Wolinsky

Issue 3

ARTICLES

Serrano II: Equal Access to School Resources and Fiscal Neutrality - A View From Washington State by Michael E. Andrews

Serrano II - A Case of Missed Opportunities? by James W. Briggs and Donovan M. Main

The Ambiguity of Serrano: Two Concepts of Wealth Neutrality by Lee S. Friedman

Serrano v. Priest: A Cultural Perspective by Frank W. Lutz

Principled Serrano Reform by Stephen D. Sugarman

NOTES

Bivens and its Progeny: The Scope of a Constitutional Cause of Action for Torts Committed by Government Officials by Michael P. Lehmann

The Struggle of Blacks For Equal Educational Opportunity: An Overview by Glynda Leanette Flentroy

Consent, Not Morality, As The Proper Limitation On Sexual Privacy by Carleton H.A. Taber

Issue 4

ARTICLES

Symposium: A Tribute to Chief Justice Donald. R. Wright by Raymond J. Sullivan

Symposium: A Tribute to Chief Justice Donald. R. Wright by Marvin J. Anderson

Symposium: A Tribute to Chief Justice Donald. R. Wright by Louis H. Burke

Symposium: A Tribute to Chief Justice Donald. R. Wright by Thomas Ehrlich

Symposium: A Tribute to Chief Justice Donald. R. Wright by Shirley M. Hufstedler

Symposium: A Tribute to Chief Justice Donald. R. Wright by Ralph N. Kleps

Symposium: A Tribute to Chief Justice Donald. R. Wright by Stanley Mosk

Symposium: A Tribute to Chief Justice Donald. R. Wright by Dorothy W. Nelson

Symposium: A Tribute to Chief Justice Donald. R. Wright by A. Alan Post

Symposium: A Tribute to Chief Justice Donald. R. Wright by John A. Sutro

Symposium: A Tribute to Chief Justice Donald. R. Wright by Mathew O. Tobriner

Los Angeles v. San Fernando: Ground Water Management in the Grand Tradition by Victor E. Gleason

People v. Rutherford: Reversible Error Standards for Prosecutorial Suppression of Evidence by William M. Goodman

Towards the Preservation of Personal Privacy: Chief Justice Wright's Opinions on Search and Seizure and the Right of Privacy by Kenneth L. Jesmore

People v. Taylor: Collateral Estoppel in Criminal Cases -- Key Principles and Policies by William C. Owens, Jr.

People v. Olivas: The Concept of Personal Liberty as a Fundamental Interest in Equal Protection Analysis by Robert V. Vallandigham, Jr.

Chief Justice Wright and the Third Party Beneficiary Problem by James E. Crawford

Taking Wright Seriously: Of Judicial Discretion, Jurisprudents, and the Chief Justice by John Bilyeu Oakley

Prosecutorial Discovery and the Privilege against Self-Incrimination: Accommodation or Capitulation by Gordon Van Kessel

NOTES

Establishment Clause Neutrality and the Reasonable Accommodation Requirement by David E. Wheeler

The Family Viewing Hour: An Assault on the First Amendment by Andrea Jane Grefe

Volume 5
1977-1978

Issue 1 & 2

ARTICLES

The Death Penalty for Rape by Arthur J. Goldberg

Reflections on Shaffer v. Heitner by Jospeh P. Zammit

Municipal Bonds and the Contract Clause: Looking Beyond United States Trust Company v. New Jersey by Thomas R. Hurst

Constitutional Review: Supreme Court, 1976-77 Term (Part One) by Michael P. Lehmann and Mary C. Eklund 

Constitutional Review: Supreme Court, 1976-77 Term (Part Two) by Michael P. Lehmann and Mary C. Eklund

Governance of the Elephant: Constitutional Theory on the Overland Trail by John Phillip Reid

The Antagonism Between Freedom of Speech and Seditious Libel by June Eichbaum

Undocumented Aliens and the Constitution: Limitations on State Action Denying Undocumented Children Access to Public Education by Robert F. Kane and Felix Velarde-Munoz

NOTES

Retail Price Maintenance for Liquor: Does the Twenty-First Amendment Preclude a Free Trade Market? by Rosemary Hart

Ray v. Atlantic Richfield: A Case for Preemption by Patricia J. Neel

Issue 3

ARTICLES

On Judicial Policymaking and Constitutional Change: Another Look at the Original Intent Theory of Constitutional Interpretation by Jean Alfange, Jr.

Selected Constitutional Issues Related to Growth Management in the State of Hawaii by Carl M. Selinger, Jon Van Dyke, Riki Amano, Ken Takenaka, and Robert Young 

NOTES

Congressional Prerogatives, the Constitution and a National Court of Appeals by Kevin L. Domecus

Issue 4

ARTICLES

The Bill of Attainder Doctrine: A Survey of Decisional Law by Michael P. Lehmann

OSHA and the Sixth Amendment: When Is a "Civil" Penalty Criminal in Effect by Michael H. Levin

Volume 6
1978-1979

Issue 1

ARTICLES

Foreward-The Supreme Court, October 1977 Term by Bernard Schwartz

Constitutional Review: Supreme Court, October 1977 Term by Marc H. Greenberg, Jeanne La Borde Scholz, Anne Hiaring, and Rosemay Hart 

Judicial Immunity and Sovereignty by Robert F. Nagel

Prosecutorial Discretion, Pleas Bargaining and the Supreme Court's Opinion in Bordenkircher v. Hayes by William T. Pizzi

Turning Over the Reins: The Abolition of the Mandatory Appellate Jurisdiction of the Supreme Court by John M. Simpson

NOTES

Marshall v. Pacific Union Conference of Seventh-Day Adventists: Expanding the Application of Excessive Entanglement by Carmen Breneisse

Book Review: The Douglas Opinions by Vern Countryman by Roger K. Newman

Issue 2

ARTICLES

Government by Judiciary: What Price Legitimacy Symposium by Louis Lusky

Raoul Berger's Fourteenth Amendment--Abuse by Contraction vs. Abuse by Expansion by Wallace Mendelson

Appendix to the Opinion of the Court by K.C. Cerny

Equal Justice under Law or Justice At Any Cost--The Judicial Role Revisited: Reflections on Government by Judiciary: The Transformation of the Fourteenth Amendment Symposium by Henry J. Abraham

The Elusive Search for Values in Constitutional Interpretation by Arthur S. Miller

Raoul Berger's Fourteenth Amendment: A History or Ahistorical Symposium by Stanley I. Kutler

Scope of Judicial Review: An Ongoing Debate by Raoul Berger

ERA: The Task Ahead by Leo Kanowitz

NOTES

Comment: Out of the Closet, Out of a Job: Due Process in Teacher Disqualification by Jeanne La Borde Scholz 

Issue 3

ARTICLES

Equal Protection in Special Admission Programs: Forward from Bakke by Julius Stone 

Contracts Under Grants-In-Aid--An Aspect of United States Federal-State-Local Relations by John Whelan and John M. Smith

Methods for the Analysis of Jury Panel Selections: Testing for Discrimination in a Series of Panels by Peter W. Sperlich and Martin L. Jaspovich

Justice Potter Stewart on Racial Equality: What it Means to be a Moderate by Gayle Binion 

Federal Pre-emption and the "Right" of Undocumented Alien Children to a Public Education: A Partial Reply by Robert S. Catz and Howard B. Lenard 

NOTES

Sunlight in the County Jail: Houchins v. KQED, Inc. and Constitutional Protection for Newsgathering by Roberta L. Cairney

Issue 4

ARTICLES

All Sail and No Anchor--Judicial Review under the California Constitution by George Deukmejian and Clifford K. Thompson, Jr. 

In Accordance with a Constitutional Plan: Procedural Due Process and Zoning Decisions by James R. Kahn 

NOTES

Conservationship of Roulet: Civil Commitment and Due Process in California by Deborah B. Klipstein and Daryl J. Weinroth

Reflections on the Golden Spike: A Look at the Bankruptcy Reform Act and Railroad Reorganization by David P. Graybeal

Judicial Review and Comparative Politics: An Explanation for the Extensiveness of American Judicial Review Offered from the Perspective of Comparative Government by John Peter Giraudo  

Book Review: Constitutional Government in America by C. Herman Pritchett

Volume 7
1979-1980

Issue 1

ARTICLES

The Concept of Extra-Constitutional Executive Power in Domestic Affairs by George Winterton

The New Spanish Constitution, Comments and Full Text by George E. Glos 

NOTES

Give Me a Home Where No Salesman Phone: Telephone Solicitation and the First Amendment by Susan Burnett Luten

The Resurrection of the Right-Privilege Distinction? A Critical Look at Maher v. Roe and Bordenkircher v. Hayes by Richard L. Rubin

Due Process Considerations in Hospital Staff Privileges Cases by Barbara Cray

Issue 2

ARTICLES

Foreword: Evaluating the Work of the New Libertarian Supreme Court by John E. Nowak

Supreme Court Review: 1978-79 Term by Berndt I. Brauer 

The Continuing Debate over Tuition Tax Credits by Howard O. Hunter

Issue 3

ARTICLES

The First Amendment and the Public's "Right to Know" by David M. O'Brien

Press-Court Relations: Can They Be Improved? by Alfred T. Goodwin 

California Cities and the Constitution of 1879: General Laws and Municipal Affairs by Leon Thomas David 

NOTES

Mental Patients' Rights to Refuse Drugs: Involuntary Medication As Cruel and Unusual Punishment by Elizabeth Symonds 

The Special Master in School Desegregation Cases: The Evolution of Roles in the Reformation of Public Institutions Through Litigation by Geoffrey F. Aronow 

The Right of Privacy: A Black View of Griswold v. Connecticut by Morgan D.S. Prickett 

In Re Governorship: Curbing Mike Curb-Constitutionally by David B. Lloyd 

Issue 4

ARTICLES

Judge J. Skelly Wright: Thirty Years-Introduction

Chief Judge J. Skelly Wright Symposium by William J. Brennan Jr.

Tribute to Chief Judge J. Skelly Wright by Arthur J. Goldberg 

Colleagues's Tribute to Chief Judge J. Skelly Wright by David L. Bazelon

Chief Judge Skelly Wright: Some Words of Appreciation by Elbert P. Tuttle 

J. Skelly Wright by Thomas C. Grey

Judge Wright and the First Amendment by John P. Frank 

Great Executive Hand of Criminal Justice: The Crime problem and the Activist Judge by Martin Lyon Levine

The Unusual Odyssey of J. Skelly Wright by Michale S. Bernick 

NOTES

Nonpartisan Speech in the Police Department: The Aftermath of Pickering by Kevin Michael Finck

Warrantless Automobile Searches and Telephonic Search Warrants: Should the Automobile Exception be Redrawn? by John Heisse 

In Re Marriage of Stenquist: Equal Protection for the Disability Pension Recipient in California Community Property Law by Stephen Traverse

Volume 8
1980-1981

Issue 1

ARTICLES

The Eagle's Mile by James Dickey

The First Amendment and its Protections by Arthur J. Goldberg

The California Supreme Court Hearings--A Tragedy That Should and Could Have Been Avoided by James Duke Cameron 

The Effects of Invalidating a Law on the Grounds of Equal Protection by Richard Marshall Abrams 

Dworkin's Theory of Constitutional Law by Robert P. Churchill 

Justice Rehnquist: First Amendment Speech in the Labor Context by Robert C. Lind, Jr. 

NOTES

Which Equal Protection Standard for Medical Malpractice Legislation by Gail Harper

The Pension Expectation as Constitutional Property by Peter M. Rehon 

Issue 2

ARTICLES

The Supreme Court and State Regulation of the Legal Profession by Robert J. Martineau 

Homosexual Public Employees: Utilizing Section 1983 to Remedy Discrimination by Penny M. Clark 

A Critique of the Abortion Funding Decisions: On Private Rights in the Public Sector by Leslie Friedman Goldstein

NOTES

Stanley Forman Reed: Perspectives on a Judicial Epitaph by Morgan D.S. Prickett 

The Price-Anderson Act: A Constitutional Meltdown of Tort Liability by Berndt Igno Brauer 

Due Process and Deportation: A Critical Examination of the Plenary Power and the Fundamental Fairness Doctrine by Ray D. Gardner

The Proud Pre-eminence by Herbert Hovenkamp

Issue 3

ARTICLES

Introduction by Richard B. Cunningham

Potential Immunity of Land Use Control Systems From Civil Rights and Antitrust Liability by Fred Bosselman and Joel Bonder

Land Use Takings: The Compensation Issue by Daniel R. Mandelker 

Inverse Condemnation as a Remedy for "Regulatory Takings" by Roger A. Cunningham 

Exclusionary Land Use Controls and the Taking Issue by Robert R. Wright

NOTES

Citadels of Privilege: Exclusionary Land Use Regulations and the Presumption of Constitutional Validity by Annette B. Kolis 

The Military Justice System and the Right to Trial by Jury: Size and Voting Requirements of the General Courts-Martial for Service Connected Civilian Offenses by Frank J. Chmelik 

Discovery and Administrative Due Process: A Balance Between an Accused's Right to Discovery and Administrative Efficiency by Marilyn J. Friedman

Issue 4

ARTICLES

Erosion of Official Immunity of Personnel Supervisors in the Public Sector by C. Akin Blitz 

Shifting Burdens in Criminal Law: A Burden on Due Process by Vivian Deborah Wilson 

The Supreme Court's "Intermediate" Equal Protection Decisions: Five Imperfect Models of Constitutional Equality by Jeffrey H. Blattner

NOTES

Constitutional Judicial Tenure Legislation?-The Words May Be New, But the Song Sounds the Same by C. Randolph Fishburn 

Federal Refugee Resettlement Policy: Asserting the States' Tenth Amendment Defense by David N. Knudson

Book Review: Commentaries on the Laws of England by William Blackstone by Robert Lee Stone

Volume 9
1981-1982

Issue 1

COMMENTARY

Reliance on State Constitutions-Away From a Reactionary Approach by Ronald K.L. Collins 

ARTICLES

American Influence on Israel's Jurisprudence of Free Speech by Pnina Lahav 

Please Bargaining and the Supreme Court: The Limits of Due Process and Substantive Justice by Kevin J. O'Brien 

"Other People's Faiths": The Scientology Litigation and the Justiciability of Religious Fraud by Marjorie Heins 

NOTES

Defense Witness Immunity by Michael R. Boone 

Hopson v. Kreps: Bowhead Whales, Alaskan Eskimos, and the Political Question Doctrine by Sally A. Roberts 

Issue 2

ARTICLES

The Constitution, the Supreme Court, and Creativity by Jeffrey M. Shaman 

The Judicial Process in Equal Protection Cases by James W. Torke 

Self-Incrimination in Civil Litigation: The Evolution of California's Judicially Created Immunities from Murphy v. Waterfront Commission by Thomas K. Buck 

California's Constitutional Right to Privacy: The Development of the Protection of Private Life by Robert S. Gerstein 

NOTES

Liberty from Transfer Trauma: A Fundamental Life and Liberty Interest by Colette I. Hughes 

BOOK REVIEW

Democratic Dictatorship: The Emergent Constitution of Control by Arthur S. Miller by William Ray Forrester 

Issue 3

DEDICATION

A Tribute to Justice Abe Fortas by Arthur J. Goldberg 

ARTICLES

Restructuring the Monroe Doctrine: Current Litigation Under Section 1983 by Susan G. Kupfer 

Private Enforcement of Federal Statutes: The Role of Section 1983 Remedy by Paul Wartelle and Jeffrey Hadley Louden 

Parratt v. Taylor: Opening and Closing the Door on Section 1983 by Leon Friedman

The Scope of Section 1985(3) in Light of Great American Federal Savings and Loan Association v. Novotny: Too Little Too Late? by Tanya Lovell Banks 

Book Review by Jonathan M. Hyman 

NOTES

California's Nuclear Power Regulations: Federal Preemption? by Dan M. Berkovitz 

Not a Closed Case: The Wisconsin Open Presidential Primary by Betty Hansen Richardson 

The Crumbling Wall Between Church and State: Attorney General Supervision of Religious Corporations in California by Erin M. Ryan 

Issue 4

ARTICLES

Is the President Bound by the Supreme Law of the Land? - Foreign Affairs and National Security Reexamined by Jordan J. Paust 

Constitution, Congress, and Court: On the Theory, Law, and Politics of Appellate Jurisdiction of the United States Supreme Court by Leland E. Beck 

The Constitutional Limitations on State Choice of Law: Due Process by Ralph U. Whitten 

Gender Equality and Judicial Federalism: The Role of State Appellate Courts by G. Alan Tarr and Mary Cornelia Porter 

NOTES

Jurisdiction Meets the Press: First Amendment Considerations in Jurisdictional Analysis by Karen Havilan 

Book Review: A Lawyer Looks at the Equal Rights Amendment by Rex E. Lee by Drucilla Stender Ramey 

Volume 10
1982-1983

Issue 1

ARTICLES

A Tribute to Justice Arthur J. Goldberg by Justice Stanley Mosk 

The Supreme Court Reaches Out And Touches Someone--Fatally by Arthur J. Goldberg 

Title VI and the Intent/Impact Debate: A Critical Look at "Coextensiveness" by Rosemary C. Salomone 

From Incompetent Imperialism to Principled Prudence: The Role of the Courts in Restoring "the State" by Stanley C. Brubaker 

The Establishment Clause and Religion-Based Categories: Taking Entanglement Seriously by Bruce Nevin Shortt 

NOTES

The Public Forum Doctrine and Haig v. Agee by John E. Bolmer, II 

Issue 2

ARTICLES

Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity by Michael E. Solimine and James L. Walker 

The Supremacy Clause and State Economic Controls: The Antitrust Maze by Michael Conant 

The Right of the People to Keep and Bear Arms: The Common Law Tradition by Joyce Lee Malcolm 

The New Supreme Court Commentators: The Principled, the Political, and the Philosophical by Laurence E. Wiseman 

NOTES

California Teachers Association v. Riles: California Sets a New Standard for Public Aid to Parochial Schools by Carol A. Opotow 

Book Review: Earl Warren - A Public Life by G. Edward White

Issue 3

ARTICLES

Political Finance and the American Political Parties by David Adamany       

Campaign Finance Reform in California by Robert Girard                         

Political Campaign Expenditure Limitations and the Unconstitutional Condition Doctrine by Marlene Arnold Nicholson                        

Broadcasters' Rights: Whether to Air Independent Political Action Committee Advertisements by William C. Oldaker and Donald S. Picard                    

Money in Politics: Judicial Roadblocks to Campaign Finance Reform by John S. Shockley                           

The Future of Election Reform by Herbert E. Alexander            

Campaign Finance, Communications and the First Amendment by Bob Packwood                      

NOTES

Independent Expenditures: Can Survey Research Establish a Link to Declining Citizen Confidence in Government by Dawn Tae Thorsness        

Issue 4

ARTICLES

Proposed Balanced Budget/Tax Limitation Constitutional Amendment: No Balance, No Limits by Peter W. Rodino, Jr.                          

The Balanced Budget/Tax Limitation Amendment by David Dreier and William Craig Stubblebine                 

Whose Federalism-The Burger Court's Treatment of State Civil Liberties Judgments by Robert C. Welsh            

NOTES

Defining the State as State: Is a Nonprofit Corporation under Contract with a State to Perform an Integral Government Function Entitled to Immunity from the Fair Labor Standards Act under National League of Cities by Steven K. Derian             

Volume 11
1983-1984

Issue 1

ARTICLES

A Tribute to Justice Arthur J. Goldberg by Justice Stanley Mosk 

The Supreme Court Reaches Out And Touches Someone--Fatally by Arthur J. Goldberg 

Title VI and the Intent/Impact Debate: A Critical Look at "Coextensiveness" by Rosemary C. Salomone 

From Incompetent Imperialism to Principled Prudence: The Role of the Courts in Restoring "the State" by Stanley C. Brubaker 

The Establishment Clause and Religion-Based Categories: Taking Entanglement Seriously by Bruce Nevin Shortt 

NOTES

The Public Forum Doctrine and Haig v. Agee by John E. Bolmer, II 

Issue 2

ARTICLES

Constitutional Litigation in Federal and State Courts: An Empirical Analysis of Judicial Parity by Michael E. Solimine and James L. Walker 

The Supremacy Clause and State Economic Controls: The Antitrust Maze by Michael Conant 

The Right of the People to Keep and Bear Arms: The Common Law Tradition by Joyce Lee Malcolm 

The New Supreme Court Commentators: The Principled, the Political, and the Philosophical by Laurence E. Wiseman 

NOTES

California Teachers Association v. Riles: California Sets a New Standard for Public Aid to Parochial Schools by Carol A. Opotow 

Book Review: Earl Warren - A Public Life by G. Edward White

Issue 3

ARTICLES

Political Finance and the American Political Parties by David Adamany       

Campaign Finance Reform in California by Robert Girard                         

Political Campaign Expenditure Limitations and the Unconstitutional Condition Doctrine by Marlene Arnold Nicholson                        

Broadcasters' Rights: Whether to Air Independent Political Action Committee Advertisements by William C. Oldaker and Donald S. Picard                    

Money in Politics: Judicial Roadblocks to Campaign Finance Reform by John S. Shockley                           

The Future of Election Reform by Herbert E. Alexander            

Campaign Finance, Communications and the First Amendment by Bob Packwood                      

NOTES

Independent Expenditures: Can Survey Research Establish a Link to Declining Citizen Confidence in Government by Dawn Tae Thorsness        

Issue 4

ARTICLES

Proposed Balanced Budget/Tax Limitation Constitutional Amendment: No Balance, No Limits by Peter W. Rodino, Jr.                          

The Balanced Budget/Tax Limitation Amendment by David Dreier and William Craig Stubblebine                 

Whose Federalism-The Burger Court's Treatment of State Civil Liberties Judgments by Robert C. Welsh            

NOTES

Defining the State as State: Is a Nonprofit Corporation under Contract with a State to Perform an Integral Government Function Entitled to Immunity from the Fair Labor Standards Act under National League of Cities by Steven K. Derian             

Volume 12
1984-1985

Issue 1

ARTICLES

The Supreme Court and First Amendment Rights of Students in the Public School Classroom: A Proposed Model of Analysis by Brian A. Freeman                   

Has the Contract Clause Counter-Revolution Halted Rhetoric, Rights, and Markets in Constitutional Analysis by Jonathan B. Baker                             

The Impact of Kolender v. Lawson on Law Enforcement and Minority Groups by Dan Stormer                  

NOTES

In re Estate of Wilson: Constitutional and Trust Law Tests for Validity of Gender-Restricted Scholarship Trusts by Loren E. Hillberg               

Equal Protection and the Passive Enforcement System of Draft Registration: Selective Service or Selective Prosecution -- United States v. Wayte by Rennika H. Thoon     

Issue 2

ARTICLES

A Tribute to Russell N. Sullivan by Ray Forrester                       

Earl Warren as a Judge by Bernard Schwartz      

Provisional Review: an Exploratory Essay on an Alternative Form of Judicial Review by Paul R. Dimond

The Penal Dimensions of Punitive Damages by Jeffery W. Grass              

NOTES

Looking for Mr. Bobb: Equal Protection and Gender-Based Discrimination in Bobb v. Municipal Court by Karen A. Wells                              

The Virginia Take-Over-Bid Disclosure Act after Edgar v. Mite Corp. by Bradford J. Shafer     

Issue 3

ARTICLES

Three Faces of Stanley Mosk by Otto M. Kaus                  

Quotable Stanley Mosk by Joseph A. Wapner                  

Stanley Mosk, Bakke, and the Davis Commencement by Edward L. Barrett, Jr.                 

Early Visions of Justice by Richard M. Mosk                       

Stanley Mosk: A Federalist for the 1980's by Arthur J. Goldberg                              

Life, Liberty, and the Right to Navigate: Justice Mosk and the Public Trust by Jan Stevens                          

Anatomy of a Mosk Opinion by Eric Goldman

NOTES

Taking Issue in California's Legal Services Trust Account Program by Mary O'Byrne Sinibaldi                      

Defining the Limits of Free Exercise: The Religion Clause Defenses in United States v. Moon by Debra A. Silverman      

Issue 4

ARTICLES

The Unconstitutionality of Equal Access Policies and Legislation Allowing Organized Student-Initiated Religious Activities in the Public High Schools: A Proposal for a Unitary First Amendment Forum Analysis by Ruti Teitel                     

Constricting Federal Habeas Corpus: From Great Writ to Exceptional Remedy by Yale L. Rosenberg                      

State Sovereignty and Federal Court Power: The Eleventh Amendment after Pennhurst v. Halderman by Erwin Chemerinsky       

NOTES            

Dronenburg v. Zech: Strict Construction or Abdication of Judicial Responsibility by Howard L. Pearlman         

Volume 13
1985-1986

Issue 1

ARTICLES

Status of Apartheid under International Law, The Commentary by Arthur J. Goldberg

Nonoriginalist Constitutional Rights and the Problem of Judicial Finality by Daniel O. Conkle 

Injury for Standing Purposes When Constitutional Rights are Violated: Common Law Public Value Adjudication at Work by William Burnham

NOTES

Fishing for Evidence: The Expansive Warrantless Search Powers of Fish and Game Wardens by Michael T. O'Connor 

Preservation of Material Evidence in California: Does Hitch Survive Trombetta by Charles P. Maher 

Issue 2

DEDICATION

In Memory of Justice Potter Stewart by George H. W. Bush

ARTICLES

On the Power of Balance: A Remembrance of Justice Potter Stewart by Ellen Borgersen 

Gramm-Rudman and the Capacity of Congress to Control the Future by Paul W. Kahn 

Congressional Authority to Regulate the Use of Nuclear Weapons by Allan Ides 

"Phoenix Rising" and the Federalism Analysis by David M. Skover 

NOTES

Required Reports and the Privilege Against Self-Incrimination: A Substantive View of the Claim by Silence by Jess Askew III

The Constitutional Right of a Police Officer to Make Political Contributions by Gregg Crane 

The Twenty-First Amendment and the Commerce Clause: What Rationale Supports Bacchus Imports? by Eric T. Freeman

Federalism and Supreme Court Review: Is Article V an Exception to the Independent and Adequate State Grounds Doctrine? by David W. Thill 

Issue 3

COLLOQUY

A Case Against Automatic Disbarment by Abraham Abramovksy

ARTICLES 

Automatic Disbarment: A Convicted Felon's Just Desserts by Michael A. Gentile and Sarah Diane McShea 

Nix v. Whiteside: The Lawyer's Role in Response to Perjury by James R. McCall 

Scrutinizing Lawyer Advertising and Solicitation Rules Under Commercial Speech and Antitrust Doctrine by Judith L. Maute

COMMENTARY

On Prosecutorial Ethics by Carol A. Corrigan  

NOTES

Legal Ethics, Client Perjury and the Privilege Against Self-Incrimination by Thomas S. Donovan 

Constitutional Problems with Late Motions to Disqualify Criminal Defense Counsel: A Proposed Solution by Judith Tury

Issue 4

SURVEY

State High Courts, State Constitutions, and Individual Rights Litigation Since 1980: A Judicial Survey by Ronald K.L. Collins, Peter J. Galie, and John Kincaid 

ARTICLES

The Emperor Gideon Has No Clothes: The Empty Promise of the Constitutional Right to Effective Assistance of Counsel by Richard Klein 

Applying the Parratt/Hudson Doctrine: Defining the Scope of the Logan Established State Procedure Exception and Determining the Adequacy of State Postdeprivation Remedies by Karen M. Blum

NOTES

Municipal Liability under City of Oklahoma City v. Tuttle: Federalism, Due Process, and the Implications of a Restricted Section 1983 Remedy by Renee I. Wolf

California Workfare Legislation and the Right of Privacy by Michyle A. LaPedis 

COMMENTS

Successive Prosecutions and the Continuing Criminal Enterprise: The Double Jeopardy Analysis in Garrett v. United States by Richard Finacom 

Phillips Petroleum Company v. Shutts, Procedural Due Process, and Absent Class Plaintiffs: Minimum Contacts Is Out-Is Individual Notice In? by Bob Wenbourne 

Volume 14
1986-1987

Issue 1

LECTURE

Preserving the System: The Role of Judges by Anthony Lewis 

COMMENTARY

The Rehnquist Court by Arthur J. Goldberg

Debating Conviction Against Conviction - Constitutional Considerations on the Sanctuary Movement by Ruti G. Teitel 

ARTICLES

Separate But Equal: The Low Road Reconsidered by Donald E. Lively 

Private Remedies for Constitutional Wrongs - A Matter of Perspective, Priority, and Process by Daniel L. Rotenberg 

NOTES

Marital Status Classifications: Protecting Homosexual and Heterosexual Cohabitors by Stacey Lynne Boyle 

Ten Dollar Attorney Fee Limitation and Preclusion of Judicial Review in the Veterans Administration by John K. Haggerty 

COMMENT

Shoemaker v. Handel: Alcohol and Drug Testing and the Pervasive Regulation Exception to the Fourth Amendment's Administrative Search Warrant Requirement by Robert H. Horn 

Issue 2

COMMENTARY

International Law and National Security by Arthur J. Goldberg 

COLLOQUY

Legislative Self-Constraint: A Reply to Professor Kahn by William D. Popkin 

RETROSPECT 

Oral history: Justice Bernard S. Jefferson by Bernard S. Jefferson and David Doyle 

ARTICLE

The Deference Dilemma: Judicial Responses to the Great Legislative Power Giveaway by Leslie E. Gerwin 

NOTES

California's Prayer Healing Dilemma by JoAnna A. Gekas 

The Envelope, Please: Problems and Proposals for Electronic Mail Surveillance by C. Leigh Haynes 

Criminal RICO Forfeitures and the Eighth Amendment: Sought Justice is Not Enough by Vernon M. Winters 

Issue 3

Preface by Warren E. Burger

ARTICLES

The Judicial Right and the Rhetoric of Restraint: A Defense of Judicial Activism in an Age of Conservative Judges by J. Skelly Wright 

The Contract Clause: A Return to the Original Understanding by Douglas W. Kmiec and John O. McGinnis 

Keeping the Constitutional Republic: Civic Virtue vs. Pornographic Attack by William A. Stanmeyer 

The Justiciability Myth and the Concept of Law by Wayne McCormack 

COMMENTARY

The Constitutional Position of American Local Government: Retrospect for the Burger Court and Prospect for the Rehnquist Court by M. David Gelfand 

NOTES

Language Minority Voting Rights and the English Language Amendment by Valerie A. Lexion 

Covert Wars and Presidential Power: Judicial Complicity in a Realignment of Constitutional Power by Leonard Steinberg 

The Final Frontier: A Proposed Legal Order for an American Space Settlement by Bradley D. Gallop 

Issue 4

ARTICLES

School Prayer and the Principle of Uncoerced Listening by Norman Vieira 

The "Safe Schools" Provision: Can a Nebulous Constitutional Right Be a Vehicle for Change? by Stuart Biegel

NOTES

Barker v. Morris and the Right to Confrontation by William S. Pitman 

COMMENTS

In re R.J. Reynolds Tobacco Co., Inc.: The "Common Sense" Distinction Between Commercial and Noncommercial Speech by Thomas H. Nienow 

Kuhlmeier v. Hazelwood School District: Application of the Prior Restraint and Public Forum Doctrines to the Free Expression Rights of High School Students by Bryce P. Goeking 

Volume 15
1987-1988

Issue 1

COMMENTARY

Death and the Supreme Court by Arthur J. Goldberg

ARTICLES

The Dissent of Theology: A Legal Analysis of the Curran Case by Michael Scott Feeley 

Decertfication of Police: An Alternative to Traditional Remedies for Police Misconduct by Roger Goldman and Steven Puro 

"Penumbra": The Roots of a Legal Metaphor by Burr Henly 

NOTES

Constitutional Issues Raised by Diplomatic Relations Between the United States and the Holy See by Maria Louisa Hekker 

Federal Reserved Water Rights in Wilderness Areas: A Progress Report on a Western Water Fight by Janice L. Weis

The California Campaign Spending Limits Act of 1988: A Constitutional Analysis by Gary P. Downs 

COMMENT

Arcara v. Cloud Books, Inc.: Locking Out Prostitution by Ina L. Potter 

Issue 2

RETROSPECT

Oral History: Justice Otto Kaus by Mark Pierce, Patricia Seitas, Kirk McAllister, and Matthew St. George 

ARTICLE

Black Men, Red Men, and the Constitution of 1787: A Bicentennial Apology From a Middle Templar by Louis F. Claiborne 

Offensive Use of the Insanity Defense: Imposing the Insanity Defense Over the Defendant's Objection by David S. Cohn

NOTE

From Tameny to Foley: Time for Constitutional Limitations on California's Employment at Will Doctrine? by Elisabeth C. Brandon 

Issue 3

COMMENTARY

Some Reflections on State Constitutions by Joseph R. Grodin 

ARTICLES

"Experience Must Be Our Only Guide": The State Constitutional Experience of the Framers of the Federal Constitution by Robert F. Williams 

False Prophet - Justice Brennan and the Theory of State Constitutional Law by Earl M. Maltz 

Church and State on the Frontier: The History of the Establishment Clauses in the Washington State Constitution by Robert F. Utter and Edward J. Larson 

NOTE

In re Quinlan Revisited: The Judicial Role in Protecting the Privacy Right of Dying Incompetents by Gary Underwood Scharff 

COMMENTS

Estate of Thornton v. Caldor, Inc.: Defining Sabbath Rights in the Workplace by Brian Beronneau 

Stein v. Plainwell Community Schools - The American Civil Religion and the Establishment Clause by Linn Van Meter-Drew

Issue 4

ARTICLES

The Powell-Stevens Debates on Federalism and Separation of Powers by Leslie Bender 

Why Do You Speak That Way? - Symbolic Expression Reconsidered by Howard M. Friedman 

The Costs of "Fee Speech" - Restrictions on the Use of Union Dues to Fund New Organizing by Jennifer Friesen  

COMMENTS

South Dakota v. Dole: A Study in Conditional Spending and Missed Opportunity by Jeffrey S. Koppelmaa 

California v. Brown: Against the Antisympathy Instruction by Julianne C. Sylva