California Western School of Law

Williams, John D.

English

Mitigating Evidence After Deere: Will a Defendant Proceeding In Propria Persona Be Required to Present Mitigating Evidence During the Penalty Phase of a Capital Trial?

Schafer, Bernard K., Major, U.S.A.F.

Solid, Hazardous, and Radioactive Wastes in Outer Space: Present Controls and Suggested Changes

Law Review, California Western

California Western Law Review 
Volume 25 Number 1 Article 1 
1988 
Table of Contents 
California Western Law Review 
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Recommended Citation 
Law Review, California Western (1988) "Table of Contents," California Western Law Review: Vol. 25 : No. 1 
, Article 1. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol25/iss1/1 
This Prefatory Matter is brought to you for free and open access by CWSL Scholarly Commons. It has been 
accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For 
more information, please contact alm@cwsl.edu. 
CALIFORNIA WESTERN LAW REVIEW
VOLUME 25 1988-1989 NUMBER 1
CONTENTS
ARTICLES
THE PROVERBIAL CATCH-22: THE UNCONSTITUTIONALITY OF
SECTION FIVE OF THE IMMIGRATION MARRIAGE FRAUD
AMENDMENTS OF 1986 ............... Jesse L Santana 1
CUMIS, CONFLICTS AND THE CIVIL CODE: SECTION 2860
CHANGES LITTLE ................. Sampson A. Brown
& John L. Romaker 45
OPINION OF A SCHOLAR
A COMMENTARY ON INBAU AND MANAK'S "MIRANDA V.
ARIzoNA-Is IT WORTH THE COST? (A SAMPLE SURVEY
WITH COMMENTARY OF THE EXPENDITURE OF COURT
TIME AND EFFORT)" .. ............... Matthew Lippman 87
COMMENTS
DISC, DAT AND FAIR USE: TIME TO
RECONSIDER? . . . . . . . . . . . . . . . . . . . . . Therese A. Ehlke 97
PROTECTING THE OPPORTUNITY INTEREST OF THE UNWED
FATHERS OF NEWBORN INFANTS PLACED FOR ADOPTION:
DOES CALIFORNIA'S STATUTE Go FAR ENOUGH? . . . . . . .
............................ William G. Phelps 123
THE BAIL REFORM ACT OF 1984 AND WITNESS
COERCION .................... Tim J. Vanden Heuvel 149
NOTE
NATIONAL MINERAL POLICY: A CRITICAL NEED FOR
PUBLIC AWARENESS (CALIFORNIA COASTAL COMMISSION
V. GRANITE ROCK Co.) ............... Carl D. Savely 173
BOOKS IN BRIEF ........................................ 207
BOOKS RECEIVED ...................................... 213
0 1988 by California Western School of Law
Cite as 25 CAL. W.L. REV. 000 (1989)
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Lippman, Matthew

OPINION OF A SCHOLAR - A Commentary on Inbau and Manak\u27s  Miranda v. Arizona -- Is It Worth the Cost? (A Sample Survey, with Commentary, of the Expenditure of Court Time and Effort)

California Western Law Review 
Volume 25 Number 1 Article 9 
1988 
Books in Brief 
California Western Law Review 
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Recommended Citation 
Law Review, California Western (1988) "Books in Brief," California Western Law Review: Vol. 25 : No. 1 , 
Article 9. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol25/iss1/9 
This Prefatory Matter is brought to you for free and open access by CWSL Scholarly Commons. It has been 
accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For 
more information, please contact alm@cwsl.edu. 
BOOKS IN BRIEF
CALIFORNIA EVIDENTIARY FOUNDATIONS. By Edward J. Im-
winkelried, Richard C. Wydick and James E. Hogan. Char-
lottesville, Virginia: The Michie Company, 1988. Pp. 501.
$55.00.
Reviewed by Janeen Kerper*
For California practitioners, California Evidentiary Founda-
tions is a welcome expansion of an earlier work which, as a
teacher of trial practice, I have frequently recommended to law
students and young trial lawyers.
Evidentiary Foundations by Edward J. Imwinkelried, was first
published by the Michie Company in 1980. The earlier work con-
tains an excellent general discussion of both the legal and practi-
cal rules pertaining to laying foundations and analyzes the differ-
ences in presentation between direct and cross-examinations. The
reader is then given a step by step explanation of the doctrines
and the elements of numerous specific foundations, each followed
by a sample foundation consisting of a series of questions and an-
swers drawn from true-to-life trial situations.
The sample foundations are really the heart of the book and
most useful to the young practitioner who, although familiar with
evidentiary doctrine, may still be grappling with such basic issues
as what to ask and how to formulate the question in order to sur-
vive an objection in a court of law. The detailed sample founda-
tions provide the young practitioner with a working format for
drafting an intelligent series of foundational questions in a wide
variety of settings. The foundations illustrated range from the
common-place; such as business records and authentication of dia-
grams and photographs, to the less common foundations; such as
the voir dire of a child witness, proof that a witness has failed a
polygraph examination, and authentications of X-rays.
Although very thorough in the foundations covered, one of the
weaknesses of the earlier work was that the list of foundations was
not exhaustive. Most notable of the omissions were those relating
to constitutional privileges and the exclusionary rules. This defect
* Professor of Law and Director of Trial Advocacy, California Western School of
Law.
1
Law Review: Books in Brief
Published by CWSL Scholarly Commons, 2015
CALIFORNIA WESTERN LAW REVIEW
is happily remedied in the new work which for the benefit of Cali-
fornia practitioners contains an exhaustive explanation of illustra-
tions of U.S. Consitutional and California rules pertaining to
search and seizure, confessions and admissions, and pretrial and
in-court identifications.
While Evidentiary Foundations was written for a general audi-
ence, California Evidentiary Foundations is specifically tailored
for the California trial lawyer. Thus, each section contains cita-
tions to and discussions of applicable California Evidence Code
sections and pertinent California case authority, as well as refer-
ences to secondary authority and texts written particulary for Cal-
ifornia attorneys.
The discussions are of sufficient depth to be of assistance to
even the sophisticated practitioner, and the new work preserves
and expands on the great strength of its predecessor with well-
drafted examples, giving both the experienced and inexperienced
trial lawyer excellent models on how to introduce or exclude criti-
cal evidence. The work should be considered a "must" for the ref-
erence desk of every California trial lawyer.
CIVIL LIABILITY IN CRIMINAL JUSTICE. By H.E. Barrineau, III.
Cincinnati, Ohio: Anderson Publishing Company, 1987. Pp. 97.
No price given.
Civil Liability in Criminal Justice discusses the civil liability of
criminal justice practitioners. Local government entities can be
held civilly liable for the conduct of police and jail personnel.
Sheriffs, police chiefs and mid-level supervisors can also be held
personally liable for the misconduct of their subordinates. The ba-
sis for such liability is promulgated in 42 United States Code, sec-
tion 1983. The author details current causes of action and pro-
vides a summary of available defenses.
The author concludes by suggesting some remedial principles
which criminal justice practitioners should follow to protect the
themselves against section 1983 liability. In short, the author tells
the criminal justice system to "professionalize [itself] in the truest
sense." The book is written in clear, simple English, and in its
brevity, covers each point sufficiently and with adequate authority.
DWELLING ON THE THRESHOLD: CRITICAL ESSAYS ON MODERN
LEGAL THOUGHT. By Allan C. Hutchinson. Agincourt, Ontario,
Canada: The Carswell Company Limited, 1988. Pp. 352.
$49.00.
The author has revised several previously published essays
which, along with new material, provide an opportunity to view
[Vol. 25
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California Western Law Review, Vol. 25 [2015], No. 1, Art. 9
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BOOKS IN BRIEF
traditional jurisprudential questions in a new, creative fashion.
The reader is immediately introduced to the author's unusual style
in chapter one, which begins with an illustrative dialogue between
strangers. The dialogue provides the vehicle which the author uses
to frame important jurisprudential questions in a way that piques
the reader's curiosity. This inventive style continues throughout
the book in chapters ranging from a mock movie script that
doubles as a book review, to a fictional court opinion which the
author uses to apply jurisprudential doctrine to everyday law. Un-
derlying this clever presentation is an unfettered, lucid analysis of
legal doctrine. In short, the author successfully fastens the narrow
gap between traditional methodologies and the modern politics of
law.
FOREIGN PLAINTIFFS IN PRODUCTS LIABILITY ACTIONS: THE DE-
FENSE OF FORUM NON CONVENIENS, by Warren Freedman.
Westport, Connecticut: Quorum Books, 1988. Pp. 162. $45.00.
Forum non conveniens is the power of a court under certain
circumstances to decline to exercise jurisdiction. It is a discretion-
ary power that courts may utilize-giving deference to the inter-
ests of the parties to the litigation and to the competing demands
of justice. The doctrine is said to reflect the need for the judicial
system to protect its courts and defendants against abuse or injus-
tice by plaintiffs searching for the most advantageous forum in
which to litigate their dispute.
This informative study provides a thorough examination of rele-
vant case law involving the doctrine of forum non conveniens.
Freedman begins by reviewing the historical development of the
doctrine. Next, he takes the reader through the doctrine's use with
appropriate case law in a variety of situations. Finally, the Bhopal,
India catastrophe is discussed in light of the doctrine.
The book is particularly useful in today's multinational manu-
facturing environment. American corporations are increasingly
facing product liability litigation instituted by foreign plaintiffs. In
order to greatly reduce potential exposure to liability, corporations
are transferring court proceedings to other jurisdictions, often
outside the United States, by successfully petitioning the courts
under the doctrine of forum non conveniens.
19881
3
Law Review: Books in Brief
Published by CWSL Scholarly Commons, 2015
CALIFORNIA WESTERN LAW REVIEW
Roe v. Wade: THE UNTOLD STORY OF THE LANDMARK SUPREME
COURT DECISION THAT MADE ABORTION LEGAL. By Marian
Faux. New York, New York: MacMilan Publishing Co., 1988.
Pp. 370. $22.50.
The author of this book examines all the critical players in the
Roe v. Wade decision, including the plaintiff, Norma McCorvey
(a.k.a. Jane Roe), and her attorneys, Linda Coffee and Sarah
Weddington. The book begins with how these attorneys got in-
volved in the abortion issue, and how they went about "finding" a
plaintiff to challenge the Texas abortion law.
The author examines the history of restrictive abortion laws and
notes the availability of abortion prior to the mid-nineteenth cen-
tury. The author then looks at the eventual enactment of many
abortion laws.
In addition to tracing the players' steps in the Roe case, the
author examines the political and religious forces, both pro-choice
and anti-abortion, in the country in the years prior to the Roe
decision.
The author discusses the support that the Roe attorneys re-
ceived; and Sarah Weddington's summer in 1971 when she wrote
the brief. A highlight of the book was when the author described
Ms. Weddington's arguments in front of the Supreme Court of
the United States-her second court appearance ever (her first
was when she argued Roe v. Wade in front of a three-judge court
for the Fifth Circuit).
Also interesting is the author's treatment of the deliberations of
the seven justices, and the Court's treatment of the issue. The case
was reargued with a full Court after Nixon appointed Justices
Lewis Powell and William Rehnquist to the Supreme Court.
The author concludes with the reaction to the decision by both
pro-choice groups, and anti-abortion groups. She also discusses
some post-Roe Court decisions.
WOMEN, CRIME, AND CRIMINAL JUSTICE. By Ralph Weisheit and
Sue Mahan. Cincinnati, Ohio: Anderson Publishing Co., 1988.
Pp. 190. No price given.
This book addresses three main issues: women as offenders,
women as victims, and women as criminal justice employees. The
authors quote several publications on female criminals, and inter-
pret data from studies conducted on local, national and worldwide
levels in an attempt to describe the modern female criminal and
female crime. Next, the authors discuss laws which most affect
women, and explain how the administration of justice is different
with women as opposed to men. The book addresses the life of
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California Western Law Review, Vol. 25 [2015], No. 1, Art. 9
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1988] BOOKS IN BRIEF 211
women in prison and how they are treated in mixed prisons as well
as prisons exclusively for women. Next, the book discusses four
crimes against women: incest, rape, battery, and harassment. The
authors discuss the victims, the offenders, and how society creates
the situation of the crime. Last, the book discusses occupations for
women in criminal justice, including: lawyer, judge, law professor,
police officer, prison guard and prison administrator. Throughout
the book, the authors emphasize the need to further study soci-
ety's influence on the different issues discussed.
5
Law Review: Books in Brief
Published by CWSL Scholarly Commons, 2015
6California Western Law Review, Vol. 25 [2015], No. 1, Art. 9
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Books in Brief

Bakken, Gordon Morris

The Promise of American History in Law

Belknap,, Michal R., Reviewer

BOOK REVIEW: The Plessy Case: A Legal-Historical Interpretation. By Charles A. Lofgren. Oxford University Press, 1987.

Belknap, Michal R.

California Western Law Review 
Volume 24 
Number 2 Bicentennial Constitutional and Legal 
History Symposium 
Article 1 
1988 
Bicentennial Constitutional and Legal History Symposium 
Michal R. Belknap 
Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr 
Recommended Citation 
Belknap, Michal R. (1988) "Bicentennial Constitutional and Legal History Symposium," California Western 
Law Review: Vol. 24 : No. 2 , Article 1. 
Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol24/iss2/1 
This Article is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for 
inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more 
information, please contact alm@cwsl.edu. 
CALIFORNIA WESTERN LAW REVIEW
VOLUME 24 1987-1988 NUMBER 2
BICENTENNIAL CONSTITUTIONAL AND
LEGAL HISTORY SYMPOSIUM
Introduction
MICHAL R. BELKNAP*
The noted constitutional historian Alfred Kelly once observed,
"[t]here is a fairly close relationship between the day-to-day
methodology of the judicial process and that of historical scholar-
ship."' When a court determines a rule of law to be applied in a
case "through an examination of a stream of judicial precedent
.. it plays the role of historian."'2 Noting that "[t]he Constitu-
tion itself is a product of the nation's past," Charles A. Miller
adds that "the Supreme Court, as the accepted interpreter of the
Constitution, has become a public interpreter of American politi-
cal history."3 Constitutional law scholar Mark Tushnet is well
aware of what the Court has done. Yet Tushnet, a man with his-
torical training, 4 and who has written history himself,5 recently
denounced "efforts to ground today's decisions in historians his-
tory," criticizing these as "fundamentally misguided because they
misunderstand the historical enterprise."'
* Professsor, California Western School of Law. B.A. 1965, U.C.L.A.; M.A. 1967,
Ph.D. 1973, University of Wisconsin, J.D. 1981, University of Texas.
1. Kelly, Clio and the Court: An Illicit Love Affair, 1965 Sup. CT. REV. 119, 121.
2. Id. at 121.
3. C. MILLER, THE SUPREME COURT AND THE USES OF HISTORY 6 (1969).
4. He holds an M.A. in history from Yale.
5. See, e.g., THE AMERICAN LAW OF SLAVERY 1810-1860 (1981); THE NAACP's
LEGAL STRATEGY AGAINST SEGREGATED EDUCATION, 1925-1950 (1987); DuBois and
Houston, The Politics of Equality in Constitutional Law: The Equal Protection Clause,
74 J. Am. HIsT. (1987).
6. Tushnet, Should Historians Accept the Supreme Court's Invitation, 15 ORGANI-
ZATION AM. HISTORIANS NEWSL. 12 (1987). Contra, Powell, Rules for Originalists, 73 VA.
L. REV 659, 659-61 (1987).
1
Belknap: Bicentennial Constitutional and Legal History Symposium
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CALIFORNIA WESTERN LAW REVIEW
As the comments of Tushnet, Miller, and Kelly reveal, there is
a close relationship between law and history. As they also suggest,
the nature of that relationship is debatable and the issue of what
it ought to be is a matter of considerable controversy. That is why
the California Western Law Review sponsored a symposium on
this subject7 and is publishing in this issue the papers and com-
ments presented there.
Two recent events make this examination of the relationship be-
tween law and history particularly timely. The first of these is the
1987 Bicentennial of the United States Constitution. The Bicen-
tennial inspired "an abundance of new historical scholarship on
legal and constitutional themes, an academic complement to the
less cerebral festivals, marches, and celebrations . . . throughout
the nation."8 The Bicentennial prompted lawyers and legal aca-
demics to join with professional historians in exploring the mean-
ing of the Constitution and the impact it has had on life in the
United States during the two hundred years since the Philadelphia
Convention of 1787.9 During 1987, it often seemed as if everyone
was talking and writing about the Constitution.'0 One important
consequence of the flood of scholarship and discussion unleashed
by the Bicentennial is "greater public consciousness of constitu-
tional issues and legal process, including the historical dimensions
of both.""
Like the Constitution's two hundredth birthday, the provocative
remarks of the Attorney General of the United States, Edwin
Meese III, have served to focus attention on the relationship be-
tween law and history. In a controversial 1985 speech to the
American Bar Association, Meese called for what he character-
ized as a "jurisprudence of original intent."' 2 Since then the At-
torney General has taken the position that by failing to adhere
strictly to the words of the Constitution and the intentions of those
who drafted its various articles and amendments, the Supreme
7. The symposium was held at the California Western School of Law on November
21, 1987.
8. Scheiber, Introduction: The Bicentennial and the Rediscovery of Constitutional
History, 74 J. AM. HIST. 667 (1987).
9. Of the seventeen contributors to the JOURNAL OF AMERICAN HISTORY'S special
Bicentennial symposium issue, THE CONSTITUTION AND AMERICAN LIFE, one (Staughton
Lynd of Northern Ohio Legal Services) is a practicing attorney and four (Mark Tushnet of
Georgetown, Martha Minow of Harvard, Hendrik Haertog of Wisconsin, and Harry N.
Scheiber of the University of California at Berkeley) are law school professors.
10. See Introduction: The Judicial Power and the Constitution, 71 JIDICATURE 64
(1987).
I1. Scheiber, supra note 8, at 671.
12. Address by Attorney General Edwin Meese III before the American Bar Associ-
ation, Washington, D.C. (July 9, 1985).
[Vol. 24
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California Western Law Review, Vol. 24 [2015], No. 2, Art. 1
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INTRODUCTION
Court has exceeded its lawful authority. 13 Law professor H. Jef-
ferson Powell insists that the Framers never intended for the his-
tory of the writing and ratification of the Constitution to control
interpretation of the document,' 4 and historian Harry Scheiber
has dismissed Meese's doctrine of original intent as nothing more
than "Reagan era neo-conservativism . .. formulated in terms
designed to wrap policies of minimalism for the civilian sector of
government in the mantle of constitutional imperatives."1 5
The Attorney General's views are, however, in line with those
expressed earlier by another noted legal historian, Raoul Berger.' 6
They also accord with the position taken by former United States
Court of Appeals Judge Robert Bork,17 whose unsuccessful nomi-
nation to the Supreme Court during the bicentennial summer in-
tensified interest in the controversy over original intent.
"Whatever the merits of that doctrine, the debate over the federal
courts proper role has given a sharp new edge to public sensitivity
on matters relating to constitutional law and history."1 8
Yet, as Professor Powell has observed, "[c]ontemporary discus-
sion of the theory and methodology of constitutional interpretation
exhibits no general agreement on the proper role of history .... 19
Over the years, in interpreting the Constitution, the Supreme
Court has exploited the muse of history in various ways and for a
variety of purposes. In the pages that follow, William Wiecek
surveys these in "Clio as Hostage: The United States Supreme
Court and the Uses of History."2 Gordon Morris Bakken,
Charles A. Lofgren, and Francis N. Stites offer additional per-
spectives on that subject in a series of spirited critiques of
Wiecek's lead article.2
C.M.A. McCauliff explores the Supreme Court's use of history
in her "Consitutional Jurisprudence and Natural Law: Comple-
13. Shaman, Interpreting the Constitution" The Supreme Court's Proper and His-
toric Function, 71 JUDICATURE 80 (1987).
14. Powell, The Original Understanding of Original Intent, 98 HARV. L. REv. 885
(1985).
15. Scheiber, supra note 8, at 671.
16. See R. BERGER, GOVERNMENT BY JUDICIARY 363-64 (1977).
17. For an expression of former Judge Bork's views, see Bork, Neutral Principles
and Some First Amendment Problems, 47 IND. L.J. 1, 1-20 (1971). For an expression of
similar views by another conservative Republican jurist, see Wallace, Interpreting the Con-
stitution: The Case for Judicial Restraint, 71 JUDICATURE 81 (1987). For a perceptive
analysis of the merits and demertits of the "interpretivist" approach to constitutional adju-
dication, see Nelson, History and Neutrality in Constitutional Adjudication 72 VA. L.
REV. 1237 (1986).
18. Scheiber, supra note 8, at 670.
19. Powell, supra note 14, at 885.
20. See pages 227-268 infra.
21. See pages 269-286 infra.
19881
3
Belknap: Bicentennial Constitutional and Legal History Symposium
Published by CWSL Scholarly Commons, 2015
CALIFORNIA WESTERN LAW REVIEW
mentary or Rival Modes of Discourse?"22, a penetrating compara-
tive analysis of the jurisprudence of two justices who based their
opinions on history and two who grounded theirs in natural law.
McCauliff demonstrates that neither approach is inherently either
liberal nor conservative. History, she concludes, can be employed
to support legal conclusions that accord with any political point of
view.
That conclusion is perhaps not surprising, for as historian Paul
Murphy pointed out a number of years ago, "[h]istory to the legal
profession ... has a peculiarly functional quality as an aspect of
legal advocacy." 23 In "Clio on the Stand: The Promise and Perils
of Historical Review, ' 24 Peter Irons acknowledges this fact. He
goes on to argue, however, that historical scholarship is itself a
form of advocacy. Irons disagrees with those, such as Tushnet,25
who contend that historians should confine themselves to educat-
ing judges and the public and should not attempt to contribute
directly to contemporary litigation. While "troubled about the
fuzzy line between scholarship and advocacy, ' 26 he knows that
historical research can be used to right old legal wrongs; he has
employed it for that purpose himself. In his article, Irons discusses
his successful efforts to get federal courts to set aside convictions
arising out of the forced relocation of Americans of Japanese an-
cestry from the West Coast during World War Two. For him,
history is a source of evidence that a skillful advocate can exploit
to win a case. For interpretivist justices it is a lode of arguments
they can mine to support a particular interpretation of the
Constitution.
Michael Griffith and Chet Orloff view the relationship between
law and history quite differently than Irons. Their concern is with
collecting and preserving the historical materials (printed works,
manuscripts, artifacts, oral histories, paintings and photographs)
that reveal the development of our judicial institutions. Griffith,
who is the archivist for the United States District Court for the
Northern District of California, and Orloff, who serves as the ex-
ecutive director of the new Ninth Judicial Circuit Historical Soci-
ety, are part of a rapidly expanding effort to safeguard and make
accessible to attorneys, scholars, and the general public the mater-
ials that document the history of American law. As they point out
22. See pages 287-335 infra.
23. Murphy, Time to Reclaim: The Current Challenge of American Constitutional
History, 69 AM. HIsT. REV. 64, 77 (1963).
24. See pages 337-354 infra.
25. Tushnet, supra note 6, at 12-13.
26. Irons, Clio on the Stand: The Promise and Perils of Historical Review, 24 CAL
W.L. REV. 337 (1988).
[Vol. 24
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California Western Law Review, Vol. 24 [2015], No. 2, Art. 1
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INTRODUCTION
in "Historical Societies and Legal History,"27 in recent years nu-
merous state and federal courts have set up organizations that are
working in diverse ways to ensure the survival of our judicial heri-
tage and to increase awareness of the contributions to the develop-
ment of the United States made by lawyers and judges.
Orloff and Griffith view the relationship between law and his-
tory as a relatively simple one; for them the function of history is
simply to record what law and legal institutions have done in the
past. The other contributors to this symposium see the relationship
as more complex. They picture two disciplines that are alike in
many respects yet significantly different in others, interacting in
an extremely complex way with one another. Their articles and
comments may lead some readers to conclude that this interaction
has had coercive effects on both law and history. Yet the contribu-
tions to this symposium issue also indicate that, like an affair the
paramours cannot bear to end despite the pain it causes them, the
relationship is an amazingly durable one. The following pages of-
fer convincing evidence of both the persistence and the importance
of the controversial and often stormy association between law and
history.
27. See pages 335-361 infra.
1988]
5
Belknap: Bicentennial Constitutional and Legal History Symposium
Published by CWSL Scholarly Commons, 2015
6California Western Law Review, Vol. 24 [2015], No. 2, Art. 1
https://scholarlycommons.law.cwsl.edu/cwlr/vol24/iss2/1


Bicentennial Constitutional and Legal History Symposium

Wiecek, William M.

Clio As Hostage: The United States Supreme Court and the Uses of History

Grossman, Margaret Rosso

Brussaard, Wim

The Land Shuffle: Reallocation of Agricultural Land Under the Land Development Law in the Netherlands

California Western School of Law

Not a member yet

Mitigating Evidence After Deere: Will a Defendant Proceeding In Propria Persona Be Required to Present Mitigating Evidence During the Penalty Phase of a Capital Trial?

Solid, Hazardous, and Radioactive Wastes in Outer Space: Present Controls and Suggested Changes

Table of Contents

OPINION OF A SCHOLAR - A Commentary on Inbau and Manak\u27s Miranda v. Arizona -- Is It Worth the Cost? (A Sample Survey, with Commentary, of the Expenditure of Court Time and Effort)