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Full-Text Articles in Law

Lawyers As Advocate In Public Health Practice, Joan Mcnamara, Janice Carson, Stephen Bundy, Marice Ashe Dec 2015

Lawyers As Advocate In Public Health Practice, Joan Mcnamara, Janice Carson, Stephen Bundy, Marice Ashe

Stephen Bundy

Focuses on the role of lawyers as advocates in the administration of public health. Discussion of the roles of legal counsel to public health agencies; Impact of lawyers on the formation of public health laws and policies; Description of the role of legal counsel in public health administration in San Diego, California, and South Bend, Indiana, and across the U.S.; Aspect of professional ethics in the role of lawyers in public health advocacy.


I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah Ho Aug 2013

I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah Ho

Jeremiah A. Ho

This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …


Welfare Fraud And The Fourth Amendment , Erik Luna Jan 2013

Welfare Fraud And The Fourth Amendment , Erik Luna

Erik Luna

No abstract provided.


Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe Dec 2011

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Scott W. Howe

Imposing a death sentence in California has become symbolism with a staggering price. From 1973 through 2009, California sentenced 927 persons to death but executed only thirteen. No executions have occurred since 2006. There are presently 714 persons on death row. Average delays between death sentences and executions are among the worst in the nation and in some cases will reach 30 years. One recent study estimated that taxpayers have spent more than $4,000,000,000 on the California death penalty since 1978 and more than $184,000,000 in 2009 alone.

This Article addresses two major questions about the future of California’s death …


The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz Aug 2007

The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz

Steven F. Shatz

Beginning with Furman v. Georgia, the Supreme Court's seminal case applying the Eighth Amendment to the death penalty, the Court has developed two principles limiting the states' power to define death-eligibility: the principle from Furman and Zant v. Stephens that states are required to "genuinely narrow" the death-eligible class to avoid the risk of arbitrariness in the imposition of the death penalty and the principle from Enmund v. Florida and Tison v. Arizona that the death penalty is a disproportionate punishment for a particular category of murders when it does not comport with contemporary values and serves no penological purpose. …