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Mathew Oscar Tobriner (1904 – April 7, 1982) was an Associate Justice on the California Supreme Court from July 1962–January 1982. An appointee of Democratic Governor Pat Brown, he had worked as a labor lawyer until 1959, when Brown appointed him to the California Court of Appeal. After three years on the Court of Appeal, Tobriner was appointed by Brown to the Supreme Court. As one of the three members on the California Commission on Judicial Appointments, Tobriner cast the deciding vote in approving the nomination of Rose Bird as the first female Chief Justice on the California Supreme Court. Tobriner was admitted before the California Bar in April 1928.〔http://members.calbar.ca.gov/search/member_search.aspx?ms=Mathew+Tobriner〕 Tobriner wrote the 1974 decision of ''Green v. Superior Court'', 517 P.2d 1168, that established the doctrine of implied warranty of habitability in residential leases in California, which requires landlords to maintain leased dwellings in a habitable condition. Tobriner wrote the 1976 decision of ''Tarasoff v. Regents of the University of California'', 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), the ruling that held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. He famously wrote, "...the confidential character of patient-psychotherapist communications must yield to the extent that disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins..." Tobriner also wrote the majority opinion in ''People v. Woody, 394 P.2d 813'' (Cal. 1964), overturning a conviction for peyote use by a Native American Church member on First Amendment grounds. Weighing the asserted compelling state interest in controlling drug abuse with the Free Exercise Clause, he found that the balance favored constitutional protection of the peyote use and practice, stating:
A native of San Francisco, Tobriner attended Lowell High School and was a member of its famed Lowell Forensic Society, the nation's oldest high school debate team. One of Tobriner's law clerks was Jerry Brown, the son of Governor Pat Brown, who had appointed Tobriner to the Court and who was still Governor when the younger Brown clerked for Tobriner. Jerry Brown would serve as Governor of California from 1975–1983 and again in 2011, and Attorney General of California from 2007 to 2011. Another of Tobriner's law clerks, Laurence Tribe, became a professor of law at Harvard University and a preeminent expert on United States constitutional law.〔http://www.lincolnalumni.com/walloffame/laurencetribe.html〕 Tobriner's grandson, Ben Wildman-Tobriner, is the 2007 World Aquatics Champion in 50-meter freestyle swimming and won a gold medal at the 2008 Summer Olympics. ==References== 〔 () 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Mathew Tobriner」の詳細全文を読む スポンサード リンク
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