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The Eeoc And Immigrant Workers, William R. Tamayo Jan 2010

The Eeoc And Immigrant Workers, William R. Tamayo

University of San Francisco Law Review

This lecture describes how the EEOC continues to represent immigrant workers in an extremely challenging climate of xenophobia.


Hoffman Plastics As Labor Law— Equality At Last For Immigrant Workers?, Ellen Dannin Jan 2010

Hoffman Plastics As Labor Law— Equality At Last For Immigrant Workers?, Ellen Dannin

University of San Francisco Law Review

This Article recounts the history of the NLRA, the events leading up to Hoffman Plastics, and the impact that history and case law have had on worker rights as an essential foundation for constructing a strategy to reverse and end this pernicious longstanding dynamic


The Borders Of Collective Representation: Comparing The Rights Of Undocumented Workers To Organize Under United States And International Labor Standards, Christopher David Ruiz Cameron Jan 2010

The Borders Of Collective Representation: Comparing The Rights Of Undocumented Workers To Organize Under United States And International Labor Standards, Christopher David Ruiz Cameron

University of San Francisco Law Review

this Article explores whether the Hoffman Plastics way is the only way. The question asked is: do international legal regimes approach the collective bargaining rights of transborder workers in the same way as the U.S. Supreme Court?


Ice Effects: Federal Worksite Non-Enforcement Of U.S. Immigration Laws, 2007–2008, Lorraine Schmall Jan 2010

Ice Effects: Federal Worksite Non-Enforcement Of U.S. Immigration Laws, 2007–2008, Lorraine Schmall

University of San Francisco Law Review

This article identifies the scope of the problem inherent in both the sheer number of undocumented workers in the United States and the institutional barriers that exist in combating this issue; reviews recent attempts to address worksite enforcement; analyzes the ICE raids by charting the actual results of the raids; identifies the disparities between the stated objectives and practices of the ICE raids and the actual results.


Slavery As Immigration?, Rhonda V. Magee Jan 2010

Slavery As Immigration?, Rhonda V. Magee

University of San Francisco Law Review

This article employs a reconsideration of the historical underpinnings of today’s immigration system, including the relevant law and policy regulating the transportation of enslaved people as part of the slavery system


Destined For Servitude, Juan F. Perea Jan 2010

Destined For Servitude, Juan F. Perea

University of San Francisco Law Review

This lecture explores some of the present vestiges of constitutional evil in the pro-slavery provisions contained in the U.S. Constitution.


Cyber-Coolies And Techno-Braceros: Race And Commodification Of Indian Information Technology Guest Workers In The United States, Sharmila Rudrappa Jan 2010

Cyber-Coolies And Techno-Braceros: Race And Commodification Of Indian Information Technology Guest Workers In The United States, Sharmila Rudrappa

University of San Francisco Law Review

This Essay examines how guest worker programs in the United States have pushed non-white workers into commodity status, further disempowering them, while simultaneously benefiting capital.


The Repercussions Of Anonymous Juries, Christopher Keleher Jan 2010

The Repercussions Of Anonymous Juries, Christopher Keleher

University of San Francisco Law Review

This Article reviews the origins, history, and use of juries, traditional and anonymous. It then evaluates the benefits and drawbacks of anonymous juries. It concludes with an examination of the psychological aspects of juror anonymity.


Bringing The Spies In From The Cold: Legal Cosmopolitanism And Intelligence Under The Laws Of War, Peyton Cooke Jan 2010

Bringing The Spies In From The Cold: Legal Cosmopolitanism And Intelligence Under The Laws Of War, Peyton Cooke

University of San Francisco Law Review

This article discusses recent upheavals in intelligence law are characterized by an increased concern for foreign nationals located outside the United States who have been affected by U.S. intelligence activities, as well as a desire to shift oversight from the political branches to the courts. This trend, “legal cosmopolitanism,” has resulted in an increased application of international law to intelligence activities, and such application will almost certainly increase in the next few years.


Dr-Cafta: The Siren Song For Improved Labor Standards For Haitians In The Dominican Republic, Jessica Morreale Jan 2010

Dr-Cafta: The Siren Song For Improved Labor Standards For Haitians In The Dominican Republic, Jessica Morreale

University of San Francisco Law Review

This comment provides a background to the anti-Haitian sentiment in the Dominican Republic and explores the arguments for and against the DR-CAFTA labor provisions; compares NAFTA, the Jordan Free Trade Agreement, and DR-CAFTA to demonstrate DR-CAFTA does not advance labor rights; looks to the realities of NAFTA and the Jordan FTA, and the effects that previous FTAs have had on laborers; and discusses Dominican laws, workers’ rights violations, and the potential for labor rights enforcement through DR-CAFTA.


How The Family And Medical Leave Act Can Offer Protection To Domestic Violence Victims In The Workplace, Elissa Stone Jan 2010

How The Family And Medical Leave Act Can Offer Protection To Domestic Violence Victims In The Workplace, Elissa Stone

University of San Francisco Law Review

this Comment examines recent social science research documenting the significant effect domestic violence has on the workplace. It identifies how employment law has begun to recognize domestic violence as a problem; not as one confined to the home, but as one requiring protection in the workplace; introduces current federal law, discusses recently enacted state laws that offer employees protection through leave, antidiscrimination policies, accommodations, unemployment insurance, and workplace restraining orders; argues that systematic solutions must be undertaken at the federal level to rectify this social problem, and advances the idea of amending the FMLA to protect domestic violence victims as …


The Importation Of Female Genital Mutilation To The West: The Cruelest Cut Of All, Patricia A. Broussard Jan 2010

The Importation Of Female Genital Mutilation To The West: The Cruelest Cut Of All, Patricia A. Broussard

University of San Francisco Law Review

This Article will explore the phenomenon of the importation of the practice of female genital mutilation to the Western world and the legal steps some countries have taken to ban it from their borders. This Article will also attempt to identify the culprits in perpetuating FGM and proffer some solutions


State Competence Standards For Selfrepresentation In A Criminal Trial: Opportunity And Danger For State Courts After Indiana V. Edwards, Jason R. Marks Jan 2010

State Competence Standards For Selfrepresentation In A Criminal Trial: Opportunity And Danger For State Courts After Indiana V. Edwards, Jason R. Marks

University of San Francisco Law Review

This Article takes a strategic look at potential state court responses to Indiana v. Edwards. After a brief historical review of competency issues under Faretta v. California, this Article examines three options available for courts, especially state high courts, in the wake of Edwards


Ships Passing In The Night: How California’S Statutory Framework Directs Traffic Through The Maze Of Jurisdictional Doctrines Concerning Insurance Rates, Vanessa Wells Jan 2010

Ships Passing In The Night: How California’S Statutory Framework Directs Traffic Through The Maze Of Jurisdictional Doctrines Concerning Insurance Rates, Vanessa Wells

University of San Francisco Law Review

This Article explores the decades-long debate sparked by insurance rate cases: may the courts entertain original actions challenging rates and rate matters, or is the comprehensive regulatory system, established by Chapter 9 and vastly enhanced by Proposition 103, the exclusive mechanism for resolving rate issues?


Designing A Constitutional Ruse Drug Checkpoint: What Does The Fourth Amendment Really Protect?, Allison M. Low Jan 2010

Designing A Constitutional Ruse Drug Checkpoint: What Does The Fourth Amendment Really Protect?, Allison M. Low

University of San Francisco Law Review

This Comment argues the new wave of approval for modified drug checkpoints cannot be explained by some imagined change in individualized suspicion. Rather, this difference illustrates the true ideological justification underlying Fourth Amendment protections.


Article Iii By Default: Constitutional Requirements For The Capital Prosecution Of Unprivileged Enemy Belligerents, Brian C. Mccomas Jan 2010

Article Iii By Default: Constitutional Requirements For The Capital Prosecution Of Unprivileged Enemy Belligerents, Brian C. Mccomas

University of San Francisco Law Review

In light of President Obama’s and Attorney General Eric Holder Jr.’s monumental decision, this Comment explores the constitutional requirements for the capital prosecution of unprivileged enemy belligerents accused of committing or aiding hostilities against America. This Comment argues that, by default and largely thanks to false starts on behalf of the Bush Administration, courts-martial proceedings and military commissions cannot procure a constitutionally sound capital conviction of a detainee in the War on Terror.


The Limits Of Citizens United V. Federal Election Commission: Analytical And Practical Reasons Why The Sky Is Not Falling, James Bopp, Jr., Kaylan Lytle Phillips Jan 2010

The Limits Of Citizens United V. Federal Election Commission: Analytical And Practical Reasons Why The Sky Is Not Falling, James Bopp, Jr., Kaylan Lytle Phillips

University of San Francisco Law Review

No abstract provided.


A Genealogy Of Home Visits: Explaining The Relentless Search For Individualized Information Without Individual Suspicion, Peter Micek Jan 2010

A Genealogy Of Home Visits: Explaining The Relentless Search For Individualized Information Without Individual Suspicion, Peter Micek

University of San Francisco Law Review

This Comment presents a “genealogy” of this long-standing technique used to produce knowledge about the lives of the poor.


We The Corporations?: The Constitutionality Of Limitations On Corporate Electoral Speech After Citizens United, Jessica A. Levinson Jan 2010

We The Corporations?: The Constitutionality Of Limitations On Corporate Electoral Speech After Citizens United, Jessica A. Levinson

University of San Francisco Law Review

No abstract provided.


Constitutionalizing Corruption: Citizens United, Its Conceptions Of Political Corruption, And The Implications For Judicial Elections Campaigns, Ofer Raban Jan 2010

Constitutionalizing Corruption: Citizens United, Its Conceptions Of Political Corruption, And The Implications For Judicial Elections Campaigns, Ofer Raban

University of San Francisco Law Review

No abstract provided.


Retention Elections 2.010, James Sample Jan 2010

Retention Elections 2.010, James Sample

University of San Francisco Law Review

No abstract provided.


Expressive Rights For Shareholders After Citizens United?, Reza Dibadj Jan 2010

Expressive Rights For Shareholders After Citizens United?, Reza Dibadj

University of San Francisco Law Review

No abstract provided.


I Went Down To The Crossroads: Lifting The Blindfold About The Origin Of 501(C)(4) Political Advertisements, Andrew C. Byrnes, Cortlin H. Lannin Jan 2010

I Went Down To The Crossroads: Lifting The Blindfold About The Origin Of 501(C)(4) Political Advertisements, Andrew C. Byrnes, Cortlin H. Lannin

University of San Francisco Law Review

No abstract provided.


Shareholder-Authorized Corporate Political Spending In The United Kingdom, Ciara Torres-Spelliscy, Kathy Fogel Jan 2010

Shareholder-Authorized Corporate Political Spending In The United Kingdom, Ciara Torres-Spelliscy, Kathy Fogel

University of San Francisco Law Review

No abstract provided.


Earth Jurisprudence And The Story Of Oil: Intergenerational Justice For The Post-Petroleum Period, Judith E. Koons Jan 2010

Earth Jurisprudence And The Story Of Oil: Intergenerational Justice For The Post-Petroleum Period, Judith E. Koons

University of San Francisco Law Review

No abstract provided.


Healthcare Reform’S Mandatory Medical Loss Ratio: Constitutionality, Policy, And Implementation, Wesley D. Markham Jan 2010

Healthcare Reform’S Mandatory Medical Loss Ratio: Constitutionality, Policy, And Implementation, Wesley D. Markham

University of San Francisco Law Review

No abstract provided.


Desperate Times Don’T Always Call For Desperate Measures: Professional Engineers V. Schwarzenegger Through The Lens Of The Contract Clause, Rachel Moroski Jan 2010

Desperate Times Don’T Always Call For Desperate Measures: Professional Engineers V. Schwarzenegger Through The Lens Of The Contract Clause, Rachel Moroski

University of San Francisco Law Review

No abstract provided.


Out Of The Shadows, Into The Light: Preventing Workplace Discrimination Against Medical Marijuana Users, Elizabeth Hurwitz Jan 2010

Out Of The Shadows, Into The Light: Preventing Workplace Discrimination Against Medical Marijuana Users, Elizabeth Hurwitz

University of San Francisco Law Review

No abstract provided.


Safford Unified School District No. 1 V. Redding: A Missed Opportunity To Restore Fourth Amendment Rights To School Children, Steve Disharoon Jan 2010

Safford Unified School District No. 1 V. Redding: A Missed Opportunity To Restore Fourth Amendment Rights To School Children, Steve Disharoon

University of San Francisco Law Review

This Note analyzes the recent Supreme Court case of Safford Unified School District No. 1 v. Redding (“Redding”),2 and argues the Court erred in three respects.


An Uneasy Case For White-Collar “Martyrs”, Reza Dibadj Jan 2010

An Uneasy Case For White-Collar “Martyrs”, Reza Dibadj

University of San Francisco Law Review

This article is a reaction to: Skilling’s Martyrdom: The Case for Criminalization Without Incarceration