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Articles 1 - 30 of 42
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The Eeoc And Immigrant Workers, William R. Tamayo
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
University of San Francisco Law Review
No abstract provided.
Retention Elections 2.010, James Sample
Retention Elections 2.010, James Sample
University of San Francisco Law Review
No abstract provided.
Expressive Rights For Shareholders After Citizens United?, Reza Dibadj
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
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
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
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
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
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
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
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
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