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2010

Santa Clara Law

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Articles 1 - 30 of 180

Full-Text Articles in Law

Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg Dec 2010

Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg

Faculty Publications

California criminal justice agencies need access to data in order to provide security, health care treatment, and appropriate programming, as well as to coordinate these activities with other agencies. By the same token, outside agencies—whether criminal, social service, or non-governmental—could often do their jobs more effectively with access to information generated or retained within particular criminal justice agencies. Criminal justice realignment under AB 109 has only heightened the need for inter-agency data sharing and cooperation, yet there continue to be misunderstandings about the legal framework surrounding information exchange.

This Article aims to provide a basic, practical background on ...


Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin Nov 2010

Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services Nov 2010

Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


"The People" Of The Second Amendment: Citizenship And The Right To Bear Arms, Pratheepan Gulasekaram Nov 2010

"The People" Of The Second Amendment: Citizenship And The Right To Bear Arms, Pratheepan Gulasekaram

Faculty Publications

The Supreme Court's recent Second Amendment decision, District of Columbia v. Heller asserts that the Constitution's right to bear arms is an individual right to armed self-defense held by law-abidingcitizens.” This Article examines the implications of this description, concluding that the Second Amendment cannot concurrently be a right of armed self-defense and restricted to citizens. The Article proceeds in three parts. First, it analyzes the term "the people" as it has been interpreted in recent Court cases. The Article concludes that constitutional text and Supreme Court jurisprudence provide no sustainable basis to believe the Second Amendment is ...


Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh Oct 2010

Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh

Faculty Publications

Infertile men and women have been using assisted reproductive technologies (ART) to conceive children since the first "test-tube baby" was born in 1978. During the past decade, however, the federal government has begun to clamp down on ART, asserting safety concerns as grounds forbanning novel technologies such as cloning, nuclear transfer, and ooplasm transfer.

Some scholars and policymakers now want to extend governmental regulation to include conventional ART such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). They claim children conceived through ART face an increased risk of birth defects and other health problems.

This Article examines the ...


Preventable Error: A Report On Prosecutorial Misconduct In California 1997–2009, Kathleen M. Ridolfi, Maurice Possley, Northern California Innocence Project Oct 2010

Preventable Error: A Report On Prosecutorial Misconduct In California 1997–2009, Kathleen M. Ridolfi, Maurice Possley, Northern California Innocence Project

Northern California Innocence Project Publications

Preventable Error: A Report on Prosecutorial Misconduct in California 1997–2009 is the most comprehensive, up-to-date, quantitative and actionable study on the extent of prosecutorial misconduct in California, how the justice system identifies and addresses it, and its cost and consequences, including the wrongful conviction of innocent people. By shining a light on prosecutorial conduct, this groundbreaking research, the work of leading experts in the field from the highly respected legal resource, NCIP, will serve as a catalyst for reform.


Seven-Sky V. Holder - U.S. Reply Brief, Eric Holder Sep 2010

Seven-Sky V. Holder - U.S. Reply Brief, Eric Holder

Patient Protection and Affordable Care Act Litigation

No abstract provided.


‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack Sep 2010

‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Faculty Publications

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution ...


Seven-Sky V. Holder - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, Susan Seven-Sky, American Center For Law & Justice Sep 2010

Seven-Sky V. Holder - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, Susan Seven-Sky, American Center For Law & Justice

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Baldwin V. Sebelius - District Court Opinion, United States District Court For The Southern District Of California Aug 2010

Baldwin V. Sebelius - District Court Opinion, United States District Court For The Southern District Of California

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Coons V. Geithner - Original Complaint, Nick Coons Aug 2010

Coons V. Geithner - Original Complaint, Nick Coons

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida Aug 2010

Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Virginia V. Sebelius - Opinion Denying Motion To Dismiss, United States District Court For The Eastern District Of Virginia Aug 2010

Virginia V. Sebelius - Opinion Denying Motion To Dismiss, United States District Court For The Eastern District Of Virginia

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Seven-Sky V. Holder - U.S. Motion To Dismiss, Eric Holder Aug 2010

Seven-Sky V. Holder - U.S. Motion To Dismiss, Eric Holder

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Sissel V. Hhs - Original Complaint, Matt Sissel Jul 2010

Sissel V. Hhs - Original Complaint, Matt Sissel

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Kinder V. Geithner - Original Complaint, Peter Kinder Jul 2010

Kinder V. Geithner - Original Complaint, Peter Kinder

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Seven-Sky V. Holder - Amended Complaint, Susan Seven-Sky Jul 2010

Seven-Sky V. Holder - Amended Complaint, Susan Seven-Sky

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Financial Options In The Real World: An Economic And Tax Analysis, David M. Hasen Jul 2010

Financial Options In The Real World: An Economic And Tax Analysis, David M. Hasen

Faculty Publications

Many of the consequences of issuing and purchasing options on publicly traded property have been well understood since Black and Scholes developed a model for option pricing. No model of options, however, provides an accurate economic analysis of the actual transactions that issuers and purchasers engage in when options are bought and sold. One consequenceof this gap in understanding is that the rules for taxing options remain poorly developed. This Article provides a transactional analysis of option sales for the first time. The focus is on covered options, but the analysis also has implications for options in which the underlying ...


Florida V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services Jun 2010

Florida V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


Proposed Combination Of Comcast And Nbc-Universal, Allen S. Hammond Iv, United States House Of Representatives, Committee On The Judiciary Jun 2010

Proposed Combination Of Comcast And Nbc-Universal, Allen S. Hammond Iv, United States House Of Representatives, Committee On The Judiciary

Faculty Publications

Hammond's testimony begins on p. 124.


Six Cases In Search Of A Decision: The Story Of In Re Marriage Cases, Jean C. Love, Patricia A. Cain Jun 2010

Six Cases In Search Of A Decision: The Story Of In Re Marriage Cases, Jean C. Love, Patricia A. Cain

Faculty Publications

This chapter will appear in the book, Women and the Law Stories, to be published by Foundation Press (Elizabeth Schneider and Stephanie Wildman, eds.) in fall 2010. The chapter provides historical context for the groundbreaking decision in In re Marriage Cases, which, for a time at least, provided marriage equality for same-sex couples in the State of California. The authors discuss the development of the state constitution, the extension of its equality provisions to protect women, the California Supreme Court’s historic ruling in 1948 that extended marriage equality to interracial couples, and the state’s unique history in the ...


The Synergistic Evolution Of Liberty And Equality In The Marriage Cases Brought By Same-Sex Couples In State Courts, Jean C. Love Apr 2010

The Synergistic Evolution Of Liberty And Equality In The Marriage Cases Brought By Same-Sex Couples In State Courts, Jean C. Love

Faculty Publications

Legal scholars have expressed varying views about the roles of liberty and equality in the area of lesbian and gay rights. Some have encouraged gay rights litigators to stress one form of argument over the other. At least one commentator, Pamela Karlan, has suggested that looking at the issue through the lenses of both the due process clause and the equal protection clause simultaneously can have synergistic effects, producing results that neither clause might reach by itself. This article examines selected marriage cases brought by same-sex couples in state courts in order to understand the role played by liberty and ...


Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak Apr 2010

Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google Apr 2010

Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer Apr 2010

Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso Apr 2010

Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano Apr 2010

Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano Apr 2010

Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone Apr 2010

Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone Apr 2010

Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?