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Full-Text Articles in Law
Reforming Fda Policy For Pediatric Testing: Challenges And Changes In The Wake Of Studies Using Antidepressant Drugs, Joanna K. Sax
Reforming Fda Policy For Pediatric Testing: Challenges And Changes In The Wake Of Studies Using Antidepressant Drugs, Joanna K. Sax
Faculty Scholarship
No abstract provided.
A Gendered Update On Women Law Deans: Who, Where, Why, And Why Not?, Laura M. Padilla
A Gendered Update On Women Law Deans: Who, Where, Why, And Why Not?, Laura M. Padilla
Faculty Scholarship
This article examines law school deans, how many are women, when they became deans, and what the trajectory is like for their numbers in the future. This article will provide additional empirical information through the 2005-2006 academic year. It will also present results from a survey mailed to all women deans in the fall of 2005 and to a similar number of male deans. Rather than present all the survey summaries at once, I have elected to include results where substantively appropriate.
Clicking And Cringing, Nancy Kim
Clicking And Cringing, Nancy Kim
Faculty Scholarship
Shrinkwrap, clickwrap, and browsewrap licenses have complicated contract law by introducing nontraditional methods of contracting to govern the use of software. The retention of the underlying intellectual property by the licensor, and the malleable qualities of software, give rise to the ability and the need to set parameters of use. The courts have tended to defer to the ownership rights of licensors by claiming that there is valid contract formation, even in "rolling contract" situations. In this Article, I propose that a consumer's assent to a transaction should not be transmuted into blanket assent to each individual term of a …
Interdisciplinary Problem Solving Courses As A Context For Nurturing Intrinsic Values, Janet Weinstein, Linda Morton
Interdisciplinary Problem Solving Courses As A Context For Nurturing Intrinsic Values, Janet Weinstein, Linda Morton
Faculty Scholarship
Intrinsic values and motivations are important foundations for career satisfaction and professionalism. The research of Lawrence Krieger and Kennon Sheldon highlights factors critical to the development of intrinsic values and motivations. Our aspiration was to create courses that could stimulate such development in our law students. This article discusses the foundation and goals for our courses, describes our courses, reviews our successes and failures, and poses questions for further study. Throughout our discussion we provide anecdotal data from comments by students and the professionals with whom they worked, indicating the degree to which students seem to be incorporating the goals …
U.S. Policy And The United Nations Convention On The Law Of The Sea, John E. Noyes
U.S. Policy And The United Nations Convention On The Law Of The Sea, John E. Noyes
Faculty Scholarship
This essay examines U.S. attitudes toward the U.N. Convention on the Law of the Sea. Part I characterizes different U.S. perspectives toward foreign policy and international law, noting how these different viewpoints shape attitudes toward U.S. acceptance of the Convention. Part II then compares three concerns that U.S. Convention opponents have raised (relating to navigational freedom, U.S. participation in international institutions, and U.S. leadership in international affairs) to the perspectives associated with of one of the several different foreign policy approaches. Many followers of historically-predominant U.S. foreign policy approaches do not share the concerns of Convention opponents. However, even if …
Solving The ‘Initiatory Construction’ Puzzle (And Improving Direct Democracy) By Appropriate Refocusing On Sponsor Intent, Glenn Smith
Faculty Scholarship
This Article synthesizes and critiques a dozen years of scholarship about judicial construction of legislation passed by voter initiative. The Article then makes a comprehensive case for an alternative approach: an appropriately enhanced focus on the intent of initiative sponsors. More specifically, the Article validates, through analysis of recent California decisions, a longstanding scholarly consensus that the prevailing judicial search for "the intent of the voters" is seriously flawed. The Article provides the first synthesis to date of reform proposals offered by "initiatory-construction" scholars; the discussion contends that these proposals collectively fail four key evaluation criteria. Building on the 2003 …
Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton
Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton
Faculty Scholarship
Legal problems are addressed in at least three basic ways, or modes, each of which is associated with a particular "tense": (1) through judgment, an authoritative decision pronounced by an empowered third party concerning the legal significance of past behaviors; (2) through consent, a "present tense" resolution in which the parties to a legal concern resolve it privately by negotiated or mediated agreement; and (3) through prevention, a future-oriented process that designs contracts, legal arrangements, compliance regimes, education and training programs, organizational structures, or even physical environments so as to keep legal risks from erupting into injuries or legal liability. …
Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman
Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman
Faculty Scholarship
This article seeks to address the efficacy of school drug-testing programs. After providing some general background information on the abuse of substances, the article sets forth the Supreme Court decisions on student drug testing. Part III then discusses the extension of the jurisprudence in the state courts to show how the Supreme Court law is being expanded by the states, and is likely to be further expanded in the future. The next section, Part IV, turns to drug screening from a public health perspective, analyzing whether or not drug screening is a valid public health screen. Finally, Part V examines …