Opinion

Harlow v. Carleson

  • 16 Cal. 3d 731
  • 129 Cal. Rptr. 298
  • 548 P.2d 698
  • 1976 Cal. LEXIS 254
Court
California Supreme Court
Filed
Apr 26, 1976
Status
Published
Author
Clark
On the bench
Richardson, Clark
Cited by
43 cases
Authority
More cited than 6.6%

The opinion

CLARK, J., Dissenting.

For the reasons perceptively given us by Chief Justice Gibson in his dissenting opinion in Laisne v. Cal. St. Bd. of Optometry (1942) 19 Cal.2d 831 [ 123 P.2d 457 ], by Justice Traynor in his concurring and dissenting opinion in Dare v. Bd. of Medical Examiners (1943) 21 Cal.2d 790 [ 136 P.2d 304 ] and his dissenting opinion in Moran v. Board of Medical Examiners (1948) 32 Cal.2d 301 [ 196 P.2d 20 ], and by Justice Burke in his concurring and dissenting opinion in Bixby v. Pierno (1971) 4 Cal.3d 130 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ] and his dissenting opinion in Strumsky v. San Diego County Employees Retirement Assn. (1974) 11 Cal.3d 28 [ 112 Cal.Rptr. 805 , 520 P.2d 29 ], I dissent.

California’s trial de novo review of administrative action should be reexamined. (E.g., Travis, Scope of “Independent Judgment” Review (1975) 63 Cal.L.Rev. 27; Note, Strumsky v. San Diego County Employees Retirement Association: Determining the Scope of Judicial Review of Administrative Decisions in California (1975) 26 Hastings L.J. 1465 ; Gardner & Greenberger, Judicial Review of Administrative Action and Responsible Government (1975) 63 Geo.L.J. 7; Forkosch, Judicial De Novo Review of Administrative Quasi-Judicial Fact Determinations (1974) 25 Hastings L.J. 963 ; Molinari, California Administrative Process: A Synthesis Updated (1970) 10 Santa Clara Law. 274; 4 Davis, Administrative Law Treatise (1958) § 29.01 et seq.; Jaffe, Judicial Review: Question *740 of Law (1956) 69 Harv.L.Rev. 239; McGovney, The California Chaos in Court Review of the Decisions of State Administrative Agencies (1942) 15 So.Cal.L.Rev. 391.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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