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California Legal History | 2019 California Legal History Volume 14: 2019 California Legal History Volume 14: 2019 Journal of the California Supreme Court Historical Society California Legal History Volume 14 2019 Journal of the California Supreme Court Historical Society ii California Legal History is published annually by the California Supreme Court Historical Society, a non-profit corporation dedicated to recovering, preserving, and promoting California’s legal and judicial history, with particular emphasis on the California Supreme Court. SUBSCRIPTION INFORMATION: Membership in the Society is open to individuals at the rate of $50 or more per year, which includes the journal as a member benefit. For individual membership, please visit www.cschs.org, or contact the Society at (800) 353-7357 or 4747 North First Street, Suite 140, Fresno, CA 93726. Libraries may subscribe at the same rate through William S. Hein & Co. Please visit http://www.wshein.com or telephone (800) 828-7571. Back issues are available to individuals and libraries through William S. Hein & Co. at http://www.wshein.com or (800) 828-7571. Please note that issues prior to 2006 were published as California Supreme Court Historical Society Yearbook. (4 vols., 1994 to 1998–1999). SUBMISSION INFORMATION: Submissions of articles and book reviews are welcome on any aspect of California legal history, broadly construed. Unsolicited manuscripts are welcome as are prior inquiries. Submissions are reviewed by independent scholarly referees. In recognition of the hybrid nature of legal history, manuscripts will be accepted in both standard legal style (Bluebook) or standard academic style (Chicago Manual). Citations of cases and law review articles should generally be in Bluebook style. Manu- scripts should be sent by email as MS Word or WordPerfect files. Submissions and other editorial correspondence should be addressed to: Selma Moidel Smith, Esq. Editor-in-Chief, California Legal History Telephone: (818) 345-9922 Email: [email protected] Copyright © 2019 by the California Supreme Court Historical Society. All rights reserved. ISSN 1930-4943 California Legal History is indexed in The Index to Legal Periodicals. Design and Production: E. M. Holland Cover Photo: Speakers at the October 7, 2006 Annual State Bar Conference Monterey Symposium, “California — Laboratory of Legal Innovation.” L–R: (seated) Selma Moidel Smith, Justice Elwood Lui; (standing) Justice Joseph R. Grodin, Professor Robert F. Wil- liams, Justice Kathryn M. Werdegar, Jake Dear, Professor Gerald F. Uelmen, Society Past President James Shekoyan, and Chief Justice Ronald M. George. Photo: Howard Watkins. iii CALIFORNIA SUPREME COURT HISTORICAL SOCIETY BOARD OF DIRECTORS Hon. Tani Cantil-Sakauye, Chair Richard H. Rahm, Esq., President Daniel M. Kolkey, Esq. Vice President Kathleen Tuttle, Esq., Treasurer George S. Howard, Jr., Esq., Secretary George W. Abele, Esq., Immediate Past President John F. Burns John S. Caragozian, Esq. Joseph L. Chairez, Esq. Hon. Ming W. Chin Joyce Cook, Esq. Jake Dear, Esq. Bert H. Deixler, Esq. David S. Ettinger, Esq. Hon. Barry P. Goode Hon. Joshua P. Groban Dan Grunfeld, Esq. Prof. Laura Kalman Mitchell Keiter, Esq. Jennifer L. King, Esq. Thomas J. McDermott, Esq. David F. McFadden Jorge E. Navarrete Edward S. Renwick, Esq. Kent L. Richland, Esq. Alana H. Rotter, Esq. Jason D. Russell, Esq. Prof. Harry N. Scheiber Molly Selvin, Ph.D James E. Shekoyan, Esq. Selma Moidel Smith, Esq. Hon. Kathryn Mickle Werdegar Robert S. Wolfe, Esq. iv EDITORIAL BOARD Selma Moidel Smith Editor-in-Chief Harry N. Scheiber University of California, Berkeley Founding Editor (1994–2006) BOARD MEMBERS Stuart Banner University of California, Los Angeles Lawrence M. Friedman Stanford University Christian G. Fritz University of New Mexico Hon. Joseph R. Grodin UC Hastings College of the Law Laura Kalman University of California, Santa Barbara Peter L. Reich University of California, Los Angeles Reuel E. Schiller UC Hastings College of the Law John F. Burns (ex officio) CSCHS Board of Directors v TABLE OF CONTENTS SYMPOSIUM Symposium: California — Laboratory of Legal Innovation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 3 Editor’s note Selma Moidel Smith � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 3 SPECIAL SECTION Ten Unpublished Speeches by Justice Carlos R� Moreno � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 Editor’s note Selma Moidel Smith � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 Table of Contents � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 73 Introduction of Justice Carlos M� Moreno Jesse M. Jauregui � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 74 I� Address to the Supreme Court of Mexico on the American Judicial System � � � � � � � � � � � � � � � � � � � � 76 II � Access to Justice � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 83 III � Law Enforcement and the Courts � � � � � � � � � � � � � � � � 88 IV� MENDEZ V. WESTMINSTER and School Desegregation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 93 V� Standing the Test of Time: Using Diversity as the Foundation for Judicial Decision-Making 6� � � � 10 VI� Language Access in Court � � � � � � � � � � � � � � � � � � � � � � � � 119 VII� On Self-Esteem and Life’s Opportunities � � � � � � � � 123 VIII � Prosecutorial Misconduct � � � � � � � � � � � � � � � � � � � � � 128 IX � “Justice for All Seasons” � � � � � � � � � � � � � � � � � � � � � � � � � � 134 X� The State of the Initiative Process as Seen Through the Lens of Criminal Law � � � � � � � � � � � � � � � � � 139 vi OR AL HISTORY Oral History of Judge Dorothy W� Nelson, Ninth Circuit Court of Appeals � � � � � � � � � � � � � � � � � � � � � � 151 Editor’s Note Selma Moidel Smith � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 151 ARTICLES How a California Settler Unsettled the Proslavery Legislature of Antebellum Louisiana Alexandra Havrylyshyn � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 195 RIGHT OF PUBLICITY IN THE ERA OF CELEBRITY: A Conceptual Exploration of the California Right of Publicity, as Expanded in WHITE V. SAMSUNG ELECTRONICS, in Today’s World of Celebrity Glorification and Imitation Sarah Alberstein � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 241 The Right of Free Speech in Privately Owned Premises: Following up with the ROBINS V. PRUNEYARD Judgment Parthabi Kanungo � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 263 Gems from California’s Legal History at LA Law Library Channa Cajero and Sandra Levin � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 273 vii SPECIAL BOOK SECTION A History of the California Supreme Court in its First Three Decades, 1850–1879 Arnold Roth � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 293 PREFACE � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 293 Table of Contents � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 297 CH� 1: ORGANIZATION OF THE SUPREME COURT � � � � � � � � 298 CH� 2: THE JUSTICES � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 307 CH � 3: COMMON LAW AND MEXICAN LAW � � � � � � � � � � � � � � 325 CH � 4: DEFINING THE POWERS OF THE COURTS � � � � � � � � � 339 CH� 5: DEFINING INDIVIDUAL JUDICIAL RIGHTS � � � � � � � � 356 CH � 6: THE LEGISLATURE AND THE STATE CONSTITUTION � � 387 CH� 7: STATE AND LOCAL AUTHORITY � � � � � � � � � � � � � � � � � � 420 CH � 8: ECONOMIC ASPECTS OF A DEVELOPING STATE � � � � � � 451 CH� 9: CALIFORNIA AND THE NATION � � � � � � � � � � � � � � � � � 479 CH� 10: MINERALS AND WATERS � � � � � � � � � � � � � � � � � � � � � � � 497 CH� 11: CONCLUSION � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 527 BIBLIOGR APHY � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 535 SYMPOSIUM CALIFORNIA — LABOR ATORY OF LEGAL INNOVATION 3 SYMPOSIUM: CALIFORNIA — LABOR ATORY OF LEGAL INNOVATION Editor’s Note group of distinguished jurists and law professors was invited by the A California Supreme Court Historical Society to discuss the leading role of California in legal innovation. The occasion was the panel pro- gram sponsored by the Society at the California State Bar Conference in Monterey on October 7, 2006. Brief excerpts of the speakers’ remarks were published at that time,1 but the full content of their presentations has re- mained unpublished until now. On the following pages, the speakers’ oral remarks have been joined with the written materials they prepared for the event to provide a complete record of their presentations. Collectively, it remains the leading source of scholarship on this aspect of California legal history. — SELMA MOIDEL SMITH 1 CSCHS Newsletter (Fall/Winter 2006), four-page color Supplement, https://www.cschs. org/wp-content/uploads/2014/08/2006-Newsletter-Fall-Monterey-Supplement-updated.pdf. 4 CALIFORNIA LEGAL HISTORY ✯ VOLUME 14, 2019 Selma Moidel Smith: Welcome to the panel program of the Califor- nia Supreme Court Historical Society, “California — Laboratory of Legal Innovation.” We appreciate the honor conferred by the presence here today of Chief Justice Ronald George, and I especially want to acknowledge
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