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Articles 1 - 30 of 154

Full-Text Articles in Law

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman Jan 2006

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman

Hastings Race and Poverty Law Journal

No abstract provided.


Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff Jan 2006

Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff

Hastings Race and Poverty Law Journal

No abstract provided.


Introduction To Economic Justice Symposium, Adam Zapala Jan 2006

Introduction To Economic Justice Symposium, Adam Zapala

Hastings Race and Poverty Law Journal

No abstract provided.


Keynote Addresses, Dolores Huerta, Peter Edelman Jan 2006

Keynote Addresses, Dolores Huerta, Peter Edelman

Hastings Race and Poverty Law Journal

No abstract provided.


Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons Jan 2006

Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons

Hastings Race and Poverty Law Journal

No abstract provided.


Wealth Inequality Panel, Andy Barlow, James Head Jan 2006

Wealth Inequality Panel, Andy Barlow, James Head

Hastings Race and Poverty Law Journal

No abstract provided.


Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser Jan 2006

Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser

Hastings Race and Poverty Law Journal

Historically, physicians of color experienced significant barriers in their continued assimilation into the health care profession. Although managed care organizations do not appear to purposefully discriminate against physicians of color, the selection criteria utilized by these networks coupled with underlying biases have resulted in a disproportionate exclusion of minority physicians. By analyzing the norms and practices of managed care organizations, the author highlights possible causes of this disparity. Additionally, after addressing the inadequacy of using current civil rights laws to redress discrimination in the medical market, the author offers several innovative local, state, and federal remedies as potential alternative avenues ...


Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio Jan 2006

Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio

Hastings Race and Poverty Law Journal

This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government-run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations ...


Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli Jan 2006

Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli

Hastings Race and Poverty Law Journal

Over the past decade, the literature on lawyering has paid increased attention to the impact of cultural differences on interactions between attorneys and clients. This essay assesses the latest generation of clinical textbooks on interviewing and counseling and how they seek to prepare student-lawyers for crosscultural work. It highlights differences in these textbooks' definitions of culture, measures of crosscultural success, descriptions of the dimensions along which cultures differ, the side(s) of the lawyer-client relationship on which they focus, and the behaviors they suggest. The essay argues these texts are at their best when they define culture both broadly and ...


The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews Jan 2006

The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews

Hastings Race and Poverty Law Journal

This article argues that the conception of sexual harassment as simply a gendered harm is inadequate because sexual harassment is not only about gender but also about race, class, sexual orientation and other realities of existence. Sexual harassment is about power and about keeping particular women out of particular economic spheres. Using the Commonwealth Caribbean as an example, this article concludes that an intersectional understanding of sexual harassment, and a more nuanced understanding of the public/private divide, will lead to better workplace harassment legislation. While much of the focus is on the Commonwealth Caribbean, a North American example suggests ...


Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra Jan 2006

Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra

Hastings Race and Poverty Law Journal

This note identifies the overwhelming influence of how the race of the victim and the defendant affects prosecutors and juries in capital punishment cases. The author focuses on the legislative and judicial shortcomings that have lead to a failure in proscribing and combating the issue of purposeful discrimination against minority defendants. The author proffers different remedies to address this problem, citing ideas mentioned in several state court cases as well as various federal legislative attempts to protect against racial discrimination in the application of capital punishment.


Treaty Obligations And National Law: Emerging Conflicts In International Arbitration, William W. Park, Alexander A. Yanos Jan 2006

Treaty Obligations And National Law: Emerging Conflicts In International Arbitration, William W. Park, Alexander A. Yanos

Hastings Law Journal

No abstract provided.


Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton Jan 2006

Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton

Hastings Law Journal

No abstract provided.


Between A Rock And A Hard Place: The Legacy Of Castle Rock V. Gonzales, Lynn A. Combs Jan 2006

Between A Rock And A Hard Place: The Legacy Of Castle Rock V. Gonzales, Lynn A. Combs

Hastings Law Journal

No abstract provided.


The Measure Of A Justice: Justice Scalia And The Faltering Of The Property Rights Movement Within The Supreme Court, Richard J. Lazarus Jan 2006

The Measure Of A Justice: Justice Scalia And The Faltering Of The Property Rights Movement Within The Supreme Court, Richard J. Lazarus

Hastings Law Journal

No abstract provided.


The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus Jan 2006

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Hastings Law Journal

No abstract provided.


Welfare To What, Noah Zatz Jan 2006

Welfare To What, Noah Zatz

Hastings Law Journal

No abstract provided.


The Rebirth Of Morrissey: Towards A Coherent Theory Of Due Process For Prisoners And Parolees, Sharif A. Jacob Jan 2006

The Rebirth Of Morrissey: Towards A Coherent Theory Of Due Process For Prisoners And Parolees, Sharif A. Jacob

Hastings Law Journal

No abstract provided.


Private Sector Participation In Water Services: Through The Lens Of Stockton, Hastings Law Journal Jan 2006

Private Sector Participation In Water Services: Through The Lens Of Stockton, Hastings Law Journal

Hastings Law Journal

No abstract provided.


Desalination In California: Should Ocean Waters Be Utilized To Produce Freshwater, Hastings Law Journal Jan 2006

Desalination In California: Should Ocean Waters Be Utilized To Produce Freshwater, Hastings Law Journal

Hastings Law Journal

No abstract provided.


Lawful To The World: Protecting The Integrity Of The Inevitable Discovery Doctrine, Jason Liljestrom Jan 2006

Lawful To The World: Protecting The Integrity Of The Inevitable Discovery Doctrine, Jason Liljestrom

Hastings Law Journal

No abstract provided.


The Voting Rights Act And The Racial Gap In Lost Votes, Paul Moke, Richard B. Saphire Jan 2006

The Voting Rights Act And The Racial Gap In Lost Votes, Paul Moke, Richard B. Saphire

Hastings Law Journal

No abstract provided.


The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James Charles Smith Jan 2006

The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James Charles Smith

Hastings Law Journal

No abstract provided.


Waste Discharge Requirements: Beyond The Point Source, Hastings Law Journal Jan 2006

Waste Discharge Requirements: Beyond The Point Source, Hastings Law Journal

Hastings Law Journal

No abstract provided.


The Notion Of Trust As A Comprehensive Theory Of Contract And Corporate Law: A New Approach To The Conception That The Corporation Is A Nexus Of Contract, Eli Bukspan Jan 2006

The Notion Of Trust As A Comprehensive Theory Of Contract And Corporate Law: A New Approach To The Conception That The Corporation Is A Nexus Of Contract, Eli Bukspan

Hastings Business Law Journal

The concept of trust-- the fulfillment of promises both express and implied-- is at the heart of our social and economic lives. Without it, the simplest of daily interactions would be unduly burdensome, if not impossible altogether. The author offers trust as a comprehensive theory of contract law, which does not merely compel compliance, but encourages it as an expressive and self-reinforcing value. Using recent watershed opinions from the Israeli Supreme Court, the author demonstrates how the good faith principle of contract law can be extended to broader corporate conduct, strengthening a culture of trust. As corporate actions and individual ...


Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller Jan 2006

Revisiting Austin V. Loral: A Study In Economic Duress, Contract Modification And Framing, Meredith R. Miller

Hastings Business Law Journal

Austin Instrument, Inc. v. Loral Corp. is a favorite among Contracts casebooks because the New York Court of Appeals held that it was a "classic" example of economic duress. The close division of judicial opinion suggested, however, that there was a more complex story behind the Court of Appeals' recitation. Indeed, revisiting the case reveals a rich and intricate story. Why were Austin and Loral litigating so fiercely over roughly $22,000? Was it possible that the threat of Austin, a small, privately held company, could coerce Loral, a large, publicly traded company? What influence did the conflict in Vietnam ...


2006 Water Law Symposium: Keynote Address, Roderick E. Walston Jan 2006

2006 Water Law Symposium: Keynote Address, Roderick E. Walston

Hastings Environmental Law Journal

No abstract provided.


Sakura, Mariel Kusano Jan 2006

Sakura, Mariel Kusano

Hastings Environmental Law Journal

No abstract provided.


The Cultural Significance Of Wildlife: Using The National Historic Preservation Act To Protect Iconic Species, Ingrid Brostrom Jan 2006

The Cultural Significance Of Wildlife: Using The National Historic Preservation Act To Protect Iconic Species, Ingrid Brostrom

Hastings Environmental Law Journal

No abstract provided.


Deer, David Aoyama Jan 2006

Deer, David Aoyama

Hastings Environmental Law Journal

No abstract provided.