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Full-Text Articles in Law

The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love Oct 1998

The Value Of Narrative In Legal Scholarship And Teaching, Jean C. Love

Faculty Publications

Storytelling-particularly storytelling written from an "outsider's" perspective-is a new form of legal writing that appears with increasing frequency on the pages of law reviews and specialized legal journals. At the same time, critics are questioning whether storytelling deserves to be classified as a form of legal scholarship. Perhaps storytellers are to be regarded as talented and creative writers, but do they truly deserve to be called legal scholars? At first, the debate was local, arising in the context of the deliberations of appointments committees and tenure committees. Now the debate is national, and it is being conducted on the pages …


The Preservation And Transmission System For The Intangible Cultural Properties Of The Republic Of Korea, Office Of Cultural Properties Jan 1998

The Preservation And Transmission System For The Intangible Cultural Properties Of The Republic Of Korea, Office Of Cultural Properties

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.


Gone But Not Conforming: Protecting The Abhorrent Testator From Majoritarian Cultural Norms Through Minority-Culture Arbitration, E. Gary Spitko Jan 1998

Gone But Not Conforming: Protecting The Abhorrent Testator From Majoritarian Cultural Norms Through Minority-Culture Arbitration, E. Gary Spitko

Faculty Publications

In a variety of contexts, cultural minorities have cause to fear adjudication of their legal rights and responsibilities in a legal system dominated by majority-culture personnel (most notably including judges and jurors). This is particularly true when cultural minorities attempt to use formal legal processes to give effect to choices that are inconsistent with prevailing community norms. In such cases, the substantive merit of their legal claims is at risk of being subjugated to majoritarian values, through a process that relies on members of the majority culture to vindicate the substantive rights at issue. This phenomenon presents a cruel dilemma: …


Ending The Welcome: Changes In The United States' Treatment Of Undocumented Aliens (1986 To 1996), Evangeline G. Abriel Jan 1998

Ending The Welcome: Changes In The United States' Treatment Of Undocumented Aliens (1986 To 1996), Evangeline G. Abriel

Faculty Publications

No abstract provided.


Internet Search Engine Copying: Fair Use Defense To Copyright Infringement, Daniel Ovanezian Jan 1998

Internet Search Engine Copying: Fair Use Defense To Copyright Infringement, Daniel Ovanezian

Santa Clara High Technology Law Journal

No abstract provided.


Revisiting Miller After The Striking Of The Communications Decency Act: A Proposed Set Of Internet Specific Regulations For Pornography On The Information Superhighway, Jason Kipness Jan 1998

Revisiting Miller After The Striking Of The Communications Decency Act: A Proposed Set Of Internet Specific Regulations For Pornography On The Information Superhighway, Jason Kipness

Santa Clara High Technology Law Journal

No abstract provided.


Web Site Legal Issues, Carol A. Kunze Jan 1998

Web Site Legal Issues, Carol A. Kunze

Santa Clara High Technology Law Journal

No abstract provided.


Due Process And The Subpoena Power In Federal Environmental, Health, And Safety Whistleblower Proceedings, Stephen Smith Jan 1998

Due Process And The Subpoena Power In Federal Environmental, Health, And Safety Whistleblower Proceedings, Stephen Smith

Faculty Publications

No abstract provided.


The Scope Of Protection For Patents After The Supreme Court's Warner-Jenkinson Decision: The Fair Protection--Certainty Conundrum, Donald S. Chisum Jan 1998

The Scope Of Protection For Patents After The Supreme Court's Warner-Jenkinson Decision: The Fair Protection--Certainty Conundrum, Donald S. Chisum

Santa Clara High Technology Law Journal

No abstract provided.


The Prior User Right Of H.R. 400: A Careful Balancing Of Competing Interests, Pierre Hubert Jan 1998

The Prior User Right Of H.R. 400: A Careful Balancing Of Competing Interests, Pierre Hubert

Santa Clara High Technology Law Journal

No abstract provided.


Breaking New Grounds In Administrative Revocation Of U.S. Patents: A Proposition For Opposition - And Beyond, Allan M. Soobert Jan 1998

Breaking New Grounds In Administrative Revocation Of U.S. Patents: A Proposition For Opposition - And Beyond, Allan M. Soobert

Santa Clara High Technology Law Journal

No abstract provided.


Look And Feel Protection Of Web Site User Interfaces: Copyright Or Trade Dress?, Lisa M. Byerly Jan 1998

Look And Feel Protection Of Web Site User Interfaces: Copyright Or Trade Dress?, Lisa M. Byerly

Santa Clara High Technology Law Journal

No abstract provided.


Losing The Presumption Of Market Power For Antitrust Purposes, And Its Affect On The Software Industry, Regina A. Demeo Jan 1998

Losing The Presumption Of Market Power For Antitrust Purposes, And Its Affect On The Software Industry, Regina A. Demeo

Santa Clara High Technology Law Journal

No abstract provided.


Rescuing Reverse Engineering, Barak D. Jolish Jan 1998

Rescuing Reverse Engineering, Barak D. Jolish

Santa Clara High Technology Law Journal

No abstract provided.


Software Patent Infringement On The Internet And On Modern Computer Systems - Who Is Liable For Damages?, Keith E. Witek Jan 1998

Software Patent Infringement On The Internet And On Modern Computer Systems - Who Is Liable For Damages?, Keith E. Witek

Santa Clara High Technology Law Journal

No abstract provided.


A Comparison Of California Common Interest Development Law And The Uniform Common Interest Of Ownership Act, Katharine N. Rosenberry, Curtis G. Sproul Jan 1998

A Comparison Of California Common Interest Development Law And The Uniform Common Interest Of Ownership Act, Katharine N. Rosenberry, Curtis G. Sproul

Santa Clara Law Review

No abstract provided.


Book Review [Republicanism: A Theory Of Freedom And Government], Santa Clara Law Review Jan 1998

Book Review [Republicanism: A Theory Of Freedom And Government], Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Will California's Sexually Violent Predators Act Survive Constitutional Attacks?, Tanya M. Montano Jan 1998

Will California's Sexually Violent Predators Act Survive Constitutional Attacks?, Tanya M. Montano

Santa Clara Law Review

No abstract provided.


Critical Assessment: The Financial Role Of Community Associations, James L. Winokur Jan 1998

Critical Assessment: The Financial Role Of Community Associations, James L. Winokur

Santa Clara Law Review

No abstract provided.


The Laogai And Violations Of International Human Rights Law: A Mandate For The Laogai Charter, Melissa Pearson Fruge Jan 1998

The Laogai And Violations Of International Human Rights Law: A Mandate For The Laogai Charter, Melissa Pearson Fruge

Santa Clara Law Review

No abstract provided.


The Defense Of Marriage Act: How Congress Said No To Full Faith And Credit And The Constitution, James M. Patten Jan 1998

The Defense Of Marriage Act: How Congress Said No To Full Faith And Credit And The Constitution, James M. Patten

Santa Clara Law Review

No abstract provided.


A Progressive Reply To The Aclu On Proposition 209, Martin D. Carcieri Jan 1998

A Progressive Reply To The Aclu On Proposition 209, Martin D. Carcieri

Santa Clara Law Review

No abstract provided.


The Need For Takings Law Reform: A View From The Trenches - A Response To Taking Stock Of The Takings Debate, Michael M. Berger, Gideon Kanner Jan 1998

The Need For Takings Law Reform: A View From The Trenches - A Response To Taking Stock Of The Takings Debate, Michael M. Berger, Gideon Kanner

Santa Clara Law Review

No abstract provided.


Towards A Social Capital Theory Of Law: Lessons From Collaborative Reproduction, Jason Mazzone Jan 1998

Towards A Social Capital Theory Of Law: Lessons From Collaborative Reproduction, Jason Mazzone

Santa Clara Law Review

No abstract provided.


Custody Relocation: More Questions Than Answers Result From High Court Opinions In California And New York, Pamela Markert Jan 1998

Custody Relocation: More Questions Than Answers Result From High Court Opinions In California And New York, Pamela Markert

Santa Clara Law Review

No abstract provided.


A Reply To Messrs. Berger And Kanner, Lois J. Schiffer Jan 1998

A Reply To Messrs. Berger And Kanner, Lois J. Schiffer

Santa Clara Law Review

No abstract provided.


Books Received, Santa Clara Law Review Jan 1998

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


Legal Tales From Gilligan's Island, Robert M. Jarvis Jan 1998

Legal Tales From Gilligan's Island, Robert M. Jarvis

Santa Clara Law Review

No abstract provided.


The Misappropriation Theory Of Insider Trading: What Constitutes A Similar Relationship Of Trust And Confidence, Keith Valory Jan 1998

The Misappropriation Theory Of Insider Trading: What Constitutes A Similar Relationship Of Trust And Confidence, Keith Valory

Santa Clara Law Review

No abstract provided.


Congress In Relief: The Economic Importance Of Revoking Baseball's Antitrust Exemption, Joshua Hamilton Jan 1998

Congress In Relief: The Economic Importance Of Revoking Baseball's Antitrust Exemption, Joshua Hamilton

Santa Clara Law Review

No abstract provided.