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Full-Text Articles in Law

Japanese Pamphlets, Volume Ii, 1912-1920 Feb 2019

Japanese Pamphlets, Volume Ii, 1912-1920

Japanese Pamphlets

Twenty-nine politically oriented pamphlets published between 1912-1929 set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Arguments used against the Japanese living in America included claims of surreptitious entries (e.g., being smuggled in through Mexico), Japanese use of “Picture Prides, Japanese efforts to control the soil, Japanese use ...


Japanese Pamphlets, Volume Iii, 1918-1925 Feb 2019

Japanese Pamphlets, Volume Iii, 1918-1925

Japanese Pamphlets

Twenty-two politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population and includes a pamphlet entitled “Preliminary Report of the Mental Capacity of ...


Japanese Pamphlets, Volume Iv, 1907-1925 Feb 2019

Japanese Pamphlets, Volume Iv, 1907-1925

Japanese Pamphlets

Ten politically oriented pamphlets published between 1907 to 1925 that set forth largely anti-Japanese contentions against those residing in the United States and California. The White population continued to be concerned about the mixing of races and wanted additional laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. The arguments found in the first three volumes of pamphlets continued on into Volume IV including a V.H. McClatchy’s 1925 pamphlet entitled: “Guarding the Immigration Gates: What Has Been ...


Chinese Immigration-Exclusion Pamphlets, Volume Iii, 1857-1902 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Iii, 1857-1902

Chinese Pamphlets

Eleven pamphlets published between 1857 and 1902 regarding the treatment of the exempt classes of Chinese in the United States, arguments in favor of immigration with measurers recommended by the Immigration Union, the church and the Chinese, competition with Chinese and the necessity of a stringent exclusion clause, and letters written by members of the Chinese community on the Chinese question.


Chinese Immigration-Exclusion Pamphlets, Volume I, 1876-1914 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume I, 1876-1914

Chinese Pamphlets

Seventeen pamphlets published between 1876 and 1914 that set forth the pros and cons of Chinese immigration into the United States, including arguments as to why the Chinese should be excluded. Those claims were in part that the Chinese being non-assimilative, undesirable, destructive to competition and hence the need to protect American labor and White citizens. The Chinese were blamed for the spread of slavery, criminal activities, highbinders (assassins), opium smoking, leprosy and other imported evils and the overall corruption of California.


Chinese Immigration-Exclusion Pamphlets, Volume Ii, 1870-1906 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Ii, 1870-1906

Chinese Pamphlets

Eight pamphlets published between 1870 and 1906 consisting of topics such as the treatment of the exempt classes of Chinese in the United States, Chinese immigration, Chinese mining license tax, the evils of the Mongolian immigration, the “true sentiments” of the Republican Party of California on the Chinese question, the nature and effect of the competition by Chinese with American labor, the church and Chinese immigration, cholera in San Francisco and the conflict of the races.


Chinese Immigration-Exclusion Pamphlets, Volume Iv, 1855-1908 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Iv, 1855-1908

Chinese Pamphlets

Nine pamphlets published between 1855 and 1908 regarding Chinese in the United States and, in particular, in California, containing arguments for and against the Chinese being in America, past relations with the Chinese, describing the Chinese as heathens and a continuation of the claims made against the Chinese in the first three volumes of Chinese Immigration-Exclusion Pamphlets.


2019 - Chinese Pamphlets On Immigration And Exclusion - Inventory - Draft Feb 2019

2019 - Chinese Pamphlets On Immigration And Exclusion - Inventory - Draft

Chinese Immigration-Exclusion Pamphlet Inventory

An inventory of a group of pamphlets published from 1855 through 1929 detailing the perceived problems associated with the Chinese in America, the efforts made to deprive Chinese rights granted others including citizenship, the depiction of Chinese as inferior humans in terms of intellect and morals standing, the inability of Chinese to assimilate into the American culture, laws enacted to limit the ability of Chinese to participate in the economy, anti-Chinese organizations, speeches before various legislative bodies in opposition to the Chinese, Chinese responses to the anti-Chinese publications, and responses by religious organizations on the subject of race and equality ...


Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks Feb 2019

Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks

Pace Environmental Law Review

Natural disasters and climate change have made it apparent that energy infrastructure needs to be modernized and microgrids are one type of technology that can help the electricity grid become more resilient, reliable, and efficient. Different states have begun developing microgrid pilot projects including California, New York, Connecticut, and Pennsylvania. The City of Pittsburgh, Pennsylvania is the first city to propose implementing “energy districts” of microgrids that will serve as critical infrastructure, in the first phase, and then expand to commercial and community settings. This large project involves many shareholders including public utilities, government agencies, and private entities. Utilizing microgrids ...


The Time Has Come For A Universal Water Tribunal, Tarek Majzoub, Fabienne Quilleré-Majzoub Feb 2019

The Time Has Come For A Universal Water Tribunal, Tarek Majzoub, Fabienne Quilleré-Majzoub

Pace Environmental Law Review

Since its inception in 1981, the International Water Tribunal has emerged as a non-governmental body with a multidisciplinary composition and a mandate based on conventional and customary international water law, which holds public hearings in order to address water-related complaints. This Article describes the historical background of the proposed Universal Water Tribunal (“UWT”) and significant difficulties on the horizon facing the proposed Tribunal (including political, practical, and legal-technical considerations). It then summarizes the key factors of such Tribunal and, finally, touches upon the proposed model based on an expanded concept of jurisdiction. The main underlying thesis is that, whereas the ...


Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder Feb 2019

Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder

Pace Environmental Law Review

Climate change is a reality. What happens climatically over the upcoming centuries is partially dependent on the comprehensiveness of a global response to curb emissions of greenhouse gases. However, within a century, forecasts predict a one-meter sea level rise that could have grave implications to our society: the loss of an incalculable extent of cultural heritage. This Article examines the threat climate change poses to physical cultural heritage, like archaeological sites and historic structures, and the current framework of law, regulation, and policy in the United States meant to protect these resources. This Article blends research and data from climate ...


State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger Feb 2019

State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger

Pace Environmental Law Review

This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence ...


Cleaning Up Our Toxic Coasts: A Precautionary And Human Health-Based Approach To Coastal Adaptation, Robin Kundis Craig Feb 2019

Cleaning Up Our Toxic Coasts: A Precautionary And Human Health-Based Approach To Coastal Adaptation, Robin Kundis Craig

Pace Environmental Law Review

Hurricanes in the United States in 2005, 2012, and 2017 have all revealed an insidious problem for coastal climate change adaptation: toxic contamination in the coastal zone. As sea levels rise and violent coastal storms become increasingly frequent, this legacy of toxic pollution threatens immediate emergency response, longer term human health, and coastal ecosystems’ capacity to adapt to changing coastal conditions.

Focusing on Hurricane Harvey’s 2017 devastation of Houston, Texas, as its primary example, this Article first discusses the toxic legacy still present in many coastal environments. It then examines the existing laws available to clean up the coastal ...


An Insurance Broker's Duty: Adopting California's Approach, Jason Sumbaly Feb 2019

An Insurance Broker's Duty: Adopting California's Approach, Jason Sumbaly

Seton Hall Legislative Journal

No abstract provided.


Affirmatively Ambiguous: Reforming The Fraud Federal Sentencing Guideline Rules In “Affirmative Action” Government Contracts, Michael Sabo Feb 2019

Affirmatively Ambiguous: Reforming The Fraud Federal Sentencing Guideline Rules In “Affirmative Action” Government Contracts, Michael Sabo

Seton Hall Legislative Journal

No abstract provided.


Sham Litigation In Zoning Challenges: Finding The Balance Between Protection Of Constitutional Rights And Anticompetitive Business Practices, Brian P. Lanyon Feb 2019

Sham Litigation In Zoning Challenges: Finding The Balance Between Protection Of Constitutional Rights And Anticompetitive Business Practices, Brian P. Lanyon

Seton Hall Legislative Journal

No abstract provided.


How Extraterritorial Application Of The New Jersey Consumer Fraud Act And Opioid Litigation Will Fuel The Addiction To Consumer Fraud Claims In New Jersey, Salvatore P. D’Alia Feb 2019

How Extraterritorial Application Of The New Jersey Consumer Fraud Act And Opioid Litigation Will Fuel The Addiction To Consumer Fraud Claims In New Jersey, Salvatore P. D’Alia

Seton Hall Legislative Journal

No abstract provided.


Sb4: Politics, Policy, Legality, Raj Salhotra Feb 2019

Sb4: Politics, Policy, Legality, Raj Salhotra

Seton Hall Legislative Journal

No abstract provided.


Cat's Paw Liability: Nine Lives Leads To Identity Crisis, Mark Nehme Feb 2019

Cat's Paw Liability: Nine Lives Leads To Identity Crisis, Mark Nehme

Seton Hall Legislative Journal

No abstract provided.


Whiley V. Scott: Misinterpreting Florida's Historical Scope Of Constitutional Executive Power, Eric Miller Feb 2019

Whiley V. Scott: Misinterpreting Florida's Historical Scope Of Constitutional Executive Power, Eric Miller

Seton Hall Legislative Journal

No abstract provided.


The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising, Casey Rockwell, Madeline Burke Feb 2019

The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising, Casey Rockwell, Madeline Burke

Atlantic Marketing Association Proceedings

No abstract provided.


Antitrust Overreach: Undoing Cooperative Standardization In The Digital Economy, Jonathan M. Barnett Feb 2019

Antitrust Overreach: Undoing Cooperative Standardization In The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Information technology markets in general, and wireless communications markets in particular, rely on standardization mechanisms to develop interoperable devices for rapid and secure data processing, storage and transmission. From 2G through the emergent 5G standard, wireless communications markets have largely achieved standardization through cooperative multi-firm arrangements that likely outperform the historically dominant alternatives of government monopoly, which is subject to informational deficits and regulatory capture, and private monopoly, which suffers from pricing and other distortions inherent to protected market positions. This cooperative process has successfully relied on a mix of reasonably secure patents, quasi-contractual licensing commitments supplemented by reputational discipline ...


Full Issue Volume 15, Issue 2, Berkeley Business Law Journal Feb 2019

Full Issue Volume 15, Issue 2, Berkeley Business Law Journal

Berkeley Business Law Journal

No abstract provided.


Amazon Delivers Diversity: Geographical & Social Influences On Corporate Embeddedness, Lee-Ford Tritt, Ryan Scott Teschner Feb 2019

Amazon Delivers Diversity: Geographical & Social Influences On Corporate Embeddedness, Lee-Ford Tritt, Ryan Scott Teschner

Berkeley Business Law Journal

No abstract provided.


The Antitrust Case Against Facebook: A Monopolist's Journey Towards Pervasive Surveillance In Spite Of Consumers' Preference For Privacy, Dina Srinivasan Feb 2019

The Antitrust Case Against Facebook: A Monopolist's Journey Towards Pervasive Surveillance In Spite Of Consumers' Preference For Privacy, Dina Srinivasan

Berkeley Business Law Journal

No abstract provided.


Pre-Dispute Mandatory Arbitration Of Sexual Harrassment Complaints: Bad For Business Too, Scott R. Thomas Feb 2019

Pre-Dispute Mandatory Arbitration Of Sexual Harrassment Complaints: Bad For Business Too, Scott R. Thomas

Berkeley Business Law Journal

No abstract provided.


Piercing The Corporate Veil: Historical, Theoretical & Comparative Perspectives, Cheng-Han Tang, Jiangyu Wan, Christian Hofmann Feb 2019

Piercing The Corporate Veil: Historical, Theoretical & Comparative Perspectives, Cheng-Han Tang, Jiangyu Wan, Christian Hofmann

Berkeley Business Law Journal

No abstract provided.


Corporate Criminal Prosecution And Double Jeopardy, Robert Wagner Feb 2019

Corporate Criminal Prosecution And Double Jeopardy, Robert Wagner

Berkeley Business Law Journal

No abstract provided.


Full Issue, Berkeley Business Law Journal Feb 2019

Full Issue, Berkeley Business Law Journal

Berkeley Business Law Journal

No abstract provided.


Front Matter, Berkeley Business Law Journal Feb 2019

Front Matter, Berkeley Business Law Journal

Berkeley Business Law Journal

No abstract provided.