Digital Commons Network^™

Strategy And Risk: New Relationships Among Governance, Brand And Leadership, Nicholas Imparato

Marketing (Formerly Marketing and Law)

No abstract provided.

From The Editor, Jean-Pierre Ruiz

Journal of Hispanic / Latino Theology

No abstract provided.

Life-Giving Migrations: Re-Visioning The Mystery Of God Through U.S. Hispanic Eyes, Miguel H. Díaz

Journal of Hispanic / Latino Theology

This essay reflects on the dangerous situations of human migrations as revelatory of a God-for-us. Drawing on key texts in the Old and New Testaments, the author explores how God’s migration across human landscapes can deepen our understanding of divine and human personhood. It concludes with a few practical reflections that address Latinos/as and their life-seeking migrations across U.S. borders.

¡Presente! The Prophetic Legacy Of Monseñor Oscar Romero, Carmen M. Nanko-Fernández

Journal of Hispanic / Latino Theology

This essay, the 2005 Romero Lecture at Wesley Theological Seminary, Washington D.C., assesses the prophetic legacy of the late Salvadoran Archbishop, Mons. Óscar A. Romero, amid reflection on several public sculptures of prophetic figures in Washington and San Juan, Puerto Rico, including Romero and John the Baptist. The author argues that the prophetic is a vital force, making present the brave voices and spirits of the Christian past in words, memory, and public art.

The University Of San Francisco Fact Book And Almanac 2005, University Of San Francisco Office Of Institutional Research

USF Fact Book and Almanac

No abstract provided.

On The Importance Of History For Responsible Agency, Manuel R. Vargas

Philosophy

In this article I propose a resolution to the history issue for responsible agency, given a moderate revisionist approach to responsibility. Roughly, moderate revisionism is the view that a plausible and normatively adequate theory of responsibility will require principled departures from commonsense thinking. The history issue is whether morally responsible agency – that is, whether an agent is an apt target of our responsibility characteristic practices and attitudes – is an essentially historical notion. Some have maintained that responsible agents must have particular sorts of histories, others have argued that no such history is required. Resolution of this contentious issue …

Race And Place: Social Space In The Production Of Human Kinds, Ronald Sundstrom

Philosophy

Recent discussions of human categories have suffered from an over emphasis on intention and language, and have not paid enough attention to the role of material conditions, and, specifically, of social space in the construction of human categories. The relationship between human categories and social spaces is vital, especially with the categories of class, race, and gender. This paper argues that social space is not merely the consequent of the division of the world into social categories; it is constitutive of social categories. To put it more bluntly, if who we are is bound up with place, then not only …

Torture And Legitimacy, Ronald Sundstrom

Philosophy

George W. Bush’s administration has undermined the legitimacy of the United States of America as a member of the international community through an astonishing array of unilateral policies that do not respect the interests and concerns of that community. On matters of serious concern to the peoples of the world, such as the global environment, human rights, nuclear weapons proliferation, terrorism, and, of course, war, the United States has pursued its foreign policy interests guided by “political realism” and a stubborn commitment to its narrowly interpreted national interests. It is not enough, however, to merely identify and condemn the legitimacy …

Virtue And The Evaluation Of Character, Jacqueline Taylor

Philosophy

No abstract provided.

Fda, Clia, Or A "Reasonable Combination Of Both": Toward Increased Regulatory Oversight Of Genetic Testing, Douglas A. Grimm

University of San Francisco Law Review

This Article examines the current regulatory scheme for genetic testing and calls for a unification of the testing standards. It advocates consolidating the standards under a single governmental agency, FDA, in order to ameliorate the potential for immediate and future harm to patients and their families. In order to be effective, future regulations must apply to all providers of genetic testing and create meaningful, reasonable criteria for testing processes and outcomes.

Illinois Tool Works V. Independent Ink: Inking Out Limits Of The Patent Grant, Tyler J. Gee

University of San Francisco Law Review

This Note argues that, in deciding Independent Ink, the Supreme Court was overbroad in its characterization of the market power presumption, and the Court's analysis neglected important policies justifying the United States patent system.

Legislative Inconsistency: California's Good Cause Statutory Exceptions As A Step Back In The Effort To Improve Court Access For Non-English Speaking Civil Litigants, Nicholas P. Tsukamaki

University of San Francisco Law Review

Because statutory exceptions in California law allow trial courts to appoint non-certified interpreters, this comment argues that these good cause exceptions are inconsistent with the Legislature's commitment to improving court access for non-English speaking civil litigants.

Rhetoric Of Academe, Curtis E. A. Karnow

University of San Francisco Law Review

This piece explores the ways in which legal education moved from clerkships in law offices to receiving law degrees from academic institutions. As such, this piece also tracks the formation of legal precedent over time, which too, has shifted from rigid reliance on case law, to more reliance on academic rhetoric propounded by legal scholars.

Executive Compensation: Reining In Runaway Abuses-Again, Susan Lorde Martin

University of San Francisco Law Review

This Article describes the new SEC rules relating to executive compensation, discusses their chances of success in curbing abuses, and to suggest other reforms-in addition to disclosure-that might rein in runaway compensation abuse and improve business success.

Authentication And The Best And Secondary Evidence Rules, Miguel A. Mendez

University of San Francisco Law Review

This article examines the requirements to introduce writings into evidence: authentication, the best and secondary evidence rules, and the completeness doctrine. It also highlights the differences between the California rules and federal rules as they relate to authentication of writings.

Carnero V. Boston Scientific Corporation: Interpreting The Extraterritorial Effect Of The Civil Whistleblower Protection Provision Of The Sarbanes-Oxley Act, Caryn R. Nutt

University of San Francisco Law Review

This Comment argues that, had the First Circuit employed the effects test, the court could have logically reached the conclusion that the Whistleblower Provision of the Sarbanes-Oxley Act should have extraterritorial effect.

Causation And Attenuation In The Slavery Reparations Debate, Kaimipono David Wenger

University of San Francisco Law Review

No abstract provided.

Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexis Koenig, Jonathan Stein

University of San Francisco Law Review

No abstract provided.

Antitrust Law On The Borderland Of Language And Market Definition: Is There A Separate Spanish-Language Radio Market? A Case Study Of The Merger Of Univision And Hispanic Broadcasting Corporation, Catherine J. K. Sandoval

University of San Francisco Law Review

No abstract provided.

An Undue Burden On An Otherwise Feasible Defense: California Courts’ Burden On The Defendant Moving For Summary Judgment Based On Federal Preemption In Certain Medical Device Cases, James E. Heffner

University of San Francisco Law Review

No abstract provided.

Federalism In Securities Regulation: A Brief Introduction And Reflection, Christopher M. Wood

University of San Francisco Law Review

No abstract provided.

From Incongruity To Cooperative Federalism, Reza Dibadj

University of San Francisco Law Review

No abstract provided.

Some Scholarly Consensus: Modernization Of The Antitrust Laws Is Generally Best Left To The Judiciary, Joshua P. Davis

University of San Francisco Law Review

No abstract provided.

Civil Monetary Remedies Available To Federal Antitrust Enforcers, Stephen Calkins

University of San Francisco Law Review

No abstract provided.

Half-Time At The Antitrust Modernization Commission, Albert A. Foer

University of San Francisco Law Review

No abstract provided.

Federalism And Antitrust Reform, Herbert Hovenkamp

University of San Francisco Law Review

No abstract provided.

Tortured Responses (A Reply To Our Critics): Physically Persuading Suspects Is Morally Preferable To Allowing The Innocent To Be Murdered, Mirko Bagaric, Julie Clarke

University of San Francisco Law Review

No abstract provided.

One More Challenge For The Amc: Repairing The Legacy Of Illinois Brick, J. Thomas Prud’Homme Jr., Ellen S. Cooper

University of San Francisco Law Review

No abstract provided.

An Approach To Certification Issues In Multi-State Diversity Class Actions In Federal Court After The Class Action Fairness Act Of 2005, Holly Kershell

University of San Francisco Law Review

No abstract provided.

Spectral Analysis Of The Supreme Court, B Lawson, M Orrison, David Uminsky

Mathematics

Should you decide that spectral analysis is worth looking into (as we hope to convince you), then you will be happy to know that there are efficient algorithms for doing spectral analysis. Perhaps more interestingly, at least from a mathematical perspective, these algorithms involve an intriguing mixture of ideas and techniques from linear algebra, abstract algebra, numerical analysis, and graph theory.

The focus of this paper is the linear algebraic framework in which the spectral analysis of voting data like that above is carried out. As we will show, this framework can be used to pinpoint voting coalitions in small …