Digital Commons Network^™

Suffering, Pity And Friendship: An Aristotelian Reading Of Book 24 Of Homer’S Iliad, Marjolein Oele

Philosophy

No abstract provided.

Public Comprehension Of Published Data - Technology To The Rescue?, Paul Lorton Jr

Business Analytics and Information Systems

There is a need for the public to monitor the efficacy of what the public funds. This certainly was the view in 1989 when the voters of California passed Proposition 98 – the Classroom Instructional Improvement and Accountability Act.

Since the passage of Proposition 98, every public K-12 school in California has published and distributed a School Accountability Report Card (SARC) as hard copy sent home to the parents and, as the revised law compelled, made available on the internet.

Did the use of this technology (i.e., the internet and the infrastructure it requires) realize its purpose – to inform? …

Traveling To Oklahoma For My Grandmother’S Funeral, I Write A Poem About Wallace Stevens, Dean Rader

English

No abstract provided.

A Qualitative Evaluation Of The California Arts-In-Corrections Program, Larry Brewster

Public and Nonprofit Administration

No abstract provided.

Disaggregating ‘China’ In Africa, Nicholas Imparato, Lucy Corkin

Marketing (Formerly Marketing and Law)

No abstract provided.

Arts-In-Corrections: A Path To Redemption, Larry Brewster

Public and Nonprofit Administration

The California Arts-in-Corrections (AI C) program is among the oldest in the nation. The Prison Arts Program (PAP), a three-year pilot program, was the precursor of Arts-in-Corrections In 1983, I found the program to be cost-effective, and in 1986 wrote about the importance of prison art programs in the Journal of American Culture. Twenty-five years later, this paper evaluates the impact Arts-in-Corrections had on the lives of men and women during and following their incarceration. A diverse group of ex-cons as measured by race, age, gender and crimes committed were interviewed, and four of them were students in AIC at …

The University Of San Francisco Fact Book And Almanac 2009, University Of San Francisco Office Of Institutional Research

USF Fact Book and Almanac

No abstract provided.

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.

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.

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

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.

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

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

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.

Foreword [To Volume 6 Of Sie Student Journal], Monisha Bajaj

School of Education Faculty Research

No abstract provided.

On The Value Of Philosophy: The Latin American Case, Manuel R. Vargas

Philosophy

There is very little study of Latin American philosophy in the English-speaking philosophical world. This can sometimes lead to the impression that there is nothing of philosophical worth in Latin American philosophy or its history. The present article offers some reasons for thinking that this impression is mistaken, and indeed, that we ought to have more study of Latin American philosophy than currently exists in the English-speaking philosophical world. In particular, the article argues for three things: (1) an account of cultural resources that is useful for illuminating the fact of cultural differences and variations in cultural complexity, (2) a …

Temporal Indiscriminateness: The Case Of Cluster Bombs, Thomas A. Cavanaugh

Philosophy

This paper argues that the current stock of anti-personnel cluster bombs are temporally indiscriminate, and, therefore, unjust weapons. The paper introduces and explains the idea of temporal indiscriminateness. It argues that to honor non-combatant immunity—in addition to not targeting civilians—one must adequately target combatants. Due to their high dud rate, cluster submunitions fail to target combatants with sufficient temporal accuracy, and, thereby, result in avoidable serious harm to non-combatants. The paper concludes that non-combatant immunity and the principle of discrimination require a moratorium on the use of current cluster munitions.

On The Appropriateness Of A Christian Bioethics, Thomas A. Cavanaugh

Philosophy

No abstract provided.

Professional Conscientious Objection In Medicine With Attention To Referral, Thomas A. Cavanaugh

Philosophy

No abstract provided.

The Development Of The Role Of The Spectator In Kant’S Thinking: The Evolution Of The Copernican Revolution, Gerard Kuperus

Philosophy

In this paper I discuss the development of Kant’s Critical project in the pre-critical writings. I am particularly focusing upon the problems that Kant encounters in developing the idea of a transcendental subject. This helps us to understand the radical nature of Kant’s project in which he not merely turns around the relationship between subject and object, but also has to redefine the nature of the subject. The development of the subject starts with Kant’s idea of an observer who actively determines qualities in the object (instead of passively taking it in). Ultimately the spectator becomes a subject that is …

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

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.

The Pda Fails To Deliver: Why Nalco And Wallace Cannot Coexist, And A New Standard For Defining “Related Medical Condition”, Christine Moore

University of San Francisco Law Review

this Comment argues courts must look to the intent of the Pregnacy Discrimination Act and adopt a more comprehensive standard in defining a “related medical condition.”

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

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

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

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

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

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.