Harlow v. Carleson , 16 Cal. 3d 731 ( 1976 )

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 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.)