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Santa Clara Law

Faculty Publications

1996

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Articles 1 - 30 of 35

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Walker Trinkaus: The Conversable Professor, Gerald F. Uelmen Jun 1996

Walker Trinkaus: The Conversable Professor, Gerald F. Uelmen

Faculty Publications

No abstract provided.


The Fourth Amendment Handbook, Gerald F. Uelmen Apr 1996

The Fourth Amendment Handbook, Gerald F. Uelmen

Faculty Publications

No abstract provided.


The Crime Of Political Genocide: Repairing The Genocide Convention's Blind Spot, Beth Van Schaack Jan 1996

The Crime Of Political Genocide: Repairing The Genocide Convention's Blind Spot, Beth Van Schaack

Faculty Publications

The Genocide Convention, drafted by the United Nations soon after the Nuremberg trials, represented a significant step toward the establishment of a regime of individual accountability for violations of international law. The Convention compels its signatories to prevent and punish certain enumerated acts committed with the intent to destroy, in whole or in part, a national, ethnic, religious, or racial group. Even though the Khmer Rouge era is widely considered a paradigmatic case of genocide, this article takes as its premise that much of the violence in Cambodia during the Khmer Rouge era (1975-78), in which almost a fifth of …


A Biologic Argument For Gay Essentialism-Determinism: Implications For Equal Protection And Substantive Due Process, E. Gary Spitko Jan 1996

A Biologic Argument For Gay Essentialism-Determinism: Implications For Equal Protection And Substantive Due Process, E. Gary Spitko

Faculty Publications

Classifications, like race, that historically have been used to saddle certain people with disabilities on the basis of a characteristic that otherwise would be irrelevant to an individual's ability to contribute to society are inherently suspect as more likely to have been the product of irrational prejudice and, thus, are deserving of heightened equal protection scrutiny. Thus, in adjudicating whether a sexual orientation classification is deserving of heightened equal protection scrutiny, a court should ask only whether gay people have suffered a history of discrimination and whether their sexual orientation says anything about their ability to contribute to society.

The …


Taxing Lesbians, Patricia A. Cain Jan 1996

Taxing Lesbians, Patricia A. Cain

Faculty Publications

No abstract provided.


The Future Of Feminist Legal Theory, Patricia A. Cain Jan 1996

The Future Of Feminist Legal Theory, Patricia A. Cain

Faculty Publications

No abstract provided.


Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell Jan 1996

Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell

Faculty Publications

No abstract provided.


Women Of Color In The Law: The Duality Of Transformation, Margalynne J. Armstrong Jan 1996

Women Of Color In The Law: The Duality Of Transformation, Margalynne J. Armstrong

Faculty Publications

No abstract provided.


Liberty, Trade, And The Uniform Commerical Code: When Should Default Rules Be Based On Business Practices?, Kerry L. Macintosh Jan 1996

Liberty, Trade, And The Uniform Commerical Code: When Should Default Rules Be Based On Business Practices?, Kerry L. Macintosh

Faculty Publications

No abstract provided.


Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen Jan 1996

Jury-Bashing And The O.J. Simpson Verdict, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Lord Brougham's Bromide: Good Lawyers As Bad Citizens, Gerald F. Uelmen Jan 1996

Lord Brougham's Bromide: Good Lawyers As Bad Citizens, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Leaks, Gags And Shields: Taking Responsibility, Gerald F. Uelmen Jan 1996

Leaks, Gags And Shields: Taking Responsibility, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen Jan 1996

Crocodiles In The Bathtub: Maintaining The Indepedence Of State Supreme Courts In An Era Of Judicial Politicization, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph Jan 1996

Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph

Faculty Publications

No abstract provided.


Dreaming In America: In Honor Of Professor Trina Grillo, Stephanie M. Wildman Jan 1996

Dreaming In America: In Honor Of Professor Trina Grillo, Stephanie M. Wildman

Faculty Publications

No abstract provided.


Test Wars: Mandatory Hiv Testing, Women, And Their Children, Michelle Oberman Jan 1996

Test Wars: Mandatory Hiv Testing, Women, And Their Children, Michelle Oberman

Faculty Publications

No abstract provided.


Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman Jan 1996

Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman

Faculty Publications

No abstract provided.


Statutory Rape Laws: Does It Make Sense To Enforce Them In An Increasingly Permissive Society?, Michelle Oberman Jan 1996

Statutory Rape Laws: Does It Make Sense To Enforce Them In An Increasingly Permissive Society?, Michelle Oberman

Faculty Publications

No abstract provided.


More Justice For Less Money, David D. Friedman Jan 1996

More Justice For Less Money, David D. Friedman

Faculty Publications

No abstract provided.


Nullification In The Nineties, Alan Scheflin Jan 1996

Nullification In The Nineties, Alan Scheflin

Faculty Publications

No abstract provided.


Avoiding Serious Constitutional Doubts: The Supreme Court's Construction Of Statutes Raising Free Speech Concerns, Lisa A. Kloppenberg Jan 1996

Avoiding Serious Constitutional Doubts: The Supreme Court's Construction Of Statutes Raising Free Speech Concerns, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


The Public Interest In The Work Of The Courts: Opinions And Beyond, Lisa A. Kloppenberg Jan 1996

The Public Interest In The Work Of The Courts: Opinions And Beyond, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht Jan 1996

Improving Access To Food In Low-Income Communities: An Investigation Of Three Bay Area Neighborhoods, Edward Steinman, Kenneth Hecht

Faculty Publications

This report seeks to describe and analyze that dysfunction as it manifests itself in three low-income neighborhoods in San Francisco and Oakland. It does not examine the causes nor scope of poverty in those communities nor does it intend to estimate or describe the prevalence of hunger. These measures are amply documented in a 1995 report on hunger and the problem of food "insecurity" commissioned by the California Senate Office of Research and, in 1993 and 1994, reports on hunger from the Alameda County Community Food Bank and San Francisco Food Bank, respectively. Rather, this report treats poverty, hunger and …


Measured Constitutional Steps, Lisa A. Kloppenberg Jan 1996

Measured Constitutional Steps, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke Jan 1996

Merciful Juries: The Resilience Of Jury Nullification, Alan Scheflin, Jon M. Van Dyke

Faculty Publications

No abstract provided.


Indecent Proposals: Reason, Restraint And Responsibility In The Regulation Of Indecency, Allen S. Hammond Iv Jan 1996

Indecent Proposals: Reason, Restraint And Responsibility In The Regulation Of Indecency, Allen S. Hammond Iv

Faculty Publications

No abstract provided.


Democratic Community And Privilege: The Mandate For Inclusive Education, Stephanie M. Wildman Jan 1996

Democratic Community And Privilege: The Mandate For Inclusive Education, Stephanie M. Wildman

Faculty Publications

No abstract provided.


Beyond The Tort/Crime Distinction, David D. Friedman Jan 1996

Beyond The Tort/Crime Distinction, David D. Friedman

Faculty Publications

No abstract provided.


The Effect Of Criminal Conduct Upon Refugee And Asylum Status, Evangeline G. Abriel Jan 1996

The Effect Of Criminal Conduct Upon Refugee And Asylum Status, Evangeline G. Abriel

Faculty Publications

No abstract provided.


Minor Rights And Wrongs, Michelle Oberman Jan 1996

Minor Rights And Wrongs, Michelle Oberman

Faculty Publications

No abstract provided.