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Articles 1 - 11 of 11
Full-Text Articles in Law
Process Theory And Emerging Thirteenth Amendment Jurisprudence:The Case Of Agricultural Guestworkers, Benjamin P. Quest
Process Theory And Emerging Thirteenth Amendment Jurisprudence:The Case Of Agricultural Guestworkers, Benjamin P. Quest
University of San Francisco Law Review
This Comment argues that applying process theory as a limiting principle to an expansive substantive interpretation of the Thirteenth Amendment and uses United States agricultural guestworker policy as a case study. Viewed through a process theory lens, the Thirteenth Amendment compels Congress to revise guestworker statutes since guestworkers are unable to take advantage of democratic channels to combat employment practices that replicate slavery-like harms.
Fda, Clia, Or A "Reasonable Combination Of Both": Toward Increased Regulatory Oversight Of Genetic Testing, Douglas A. Grimm
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
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
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
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.
Supplemental Jurisdiction Over Permissive Counterclaims In Light Of Exxon V. Allapattah, Graham M. Beck
Supplemental Jurisdiction Over Permissive Counterclaims In Light Of Exxon V. Allapattah, Graham M. Beck
University of San Francisco Law Review
This comment examines the development of supplemental jurisdiction as applied to counterclaims, as well as the circuit slit with regard to supplemental jurisdiction over permissive counterclaims.
Executive Compensation: Reining In Runaway Abuses-Again, Susan Lorde Martin
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
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.
Indirect Sex Discrimination-A View From Across The Pond, Joanna Wade
Indirect Sex Discrimination-A View From Across The Pond, Joanna Wade
University of San Francisco Law Review
This Article explores the differences and similarities between the UK's Sex Discrimination Act and the US's Title VII, with regard to using these statutes to eliminate forms of indirect sex discrimination.
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein
University of San Francisco Law Review
This Articles describes how attorneys bringing FRD claims face a threshold conceptual issue:How should plaintiffs frame FRD cases under existing discrimination law when neither "mother" nor "parent" is a protected classification? The solve this threshold issue, this Article suggests that FRD cases need not be shoehorned into protections for pregnancy nor require individual accommodations to be litigable. FRD cases can be litigated as straightforward gender discrimination cases under Title VII or under a variety of existing laws.