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Articles 1 - 30 of 95
Full-Text Articles in Other Law
Community Development Authorities, Andrew A. Painter
Community Development Authorities, Andrew A. Painter
University of Richmond Law Review
Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
University of Richmond Law Review
Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …
Considering Affective Consideration, Hila Keren
Considering Affective Consideration, Hila Keren
Golden Gate University Law Review
Focusing on the interaction of law and emotions, this Article unfolds in three parts. Part I illuminates the connection between the affective background of donative promises and their modem unenforceability. It hypothesizes that rejecting promises that are not supported by consideration can be seen as an effort to distance law from any association with irrational decisionmaking and to disassociate it from "emotional" spheres. Part II seeks to correct the erroneous way affective giving has been perceived by law in the gifts context. The law must carefully analyze each relevant emotion concretely and separately, rather than treating emotion as an undifferentiated …
Lost Laws: What We Can't Find In The U.S. Code, Will Tress
Lost Laws: What We Can't Find In The U.S. Code, Will Tress
Golden Gate University Law Review
This article looks at the development of the U.S. Code as the primary expression of federal statutory law and at those features which detract from its usefulness in that role. To provide background, some defmitions of terms pertaining to codes are provided, followed by a history of the U.S. Code, a description of appropriations riders as a source of uncodified law, and a look at some of the agencies that create and maintain the Code. The Analysis section discusses particular problems with the current Code. Special attention is paid to enacted law relegated to footnotes and appendices of the Code, …
Attorneys' Fees Awards To Contract Nonsignatories: Should Equitable Estoppel Inform The Discretion Of The Courts?, Stephen R. Ginger
Attorneys' Fees Awards To Contract Nonsignatories: Should Equitable Estoppel Inform The Discretion Of The Courts?, Stephen R. Ginger
Golden Gate University Law Review
This Article argues that, although the doctrine of estoppel has fallen into disrepute in recent cases, it is still the fairest and most equitable basis on which to adjudicate the right to attorneys' fees in non signatory cases. Part II puts the problem of nonsignatory recovery of attorneys' fees in historical context by examining the roots and rationale of the "American Rule" of attorneys' fees. Part III describes section 1717 of the California Civil Code and case law interpretation of that section. Part IV will trace the development of the doctrine permitting recovery of attorneys' fees by non signatories to …
Jesse Carter Memorial Lecture: Keeping Your Soul In Public Service, Jeff Bleich
Jesse Carter Memorial Lecture: Keeping Your Soul In Public Service, Jeff Bleich
Golden Gate University Law Review
No abstract provided.
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Golden Gate University Law Review
Part I of this comment explains the attorney-client privilege and the waiver doctrine and demonstrates the important role the privilege plays in our legal system. It shows why, according to the DOJ charging policy, waiver of the privilege is often needed during corporate investigations. It also addresses how the charging policy erodes the privilege in the corporate context, thereby creating governance problems for corporations. Part II provides legal definitions and standards for coerced waivers to show that the choice corporations must make between waiving the privilege or increasing their risk of indictment does not meet any legal test for coercion. …
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Golden Gate University Law Review
The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international …
Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy
Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy
Golden Gate University Law Review
Part I of this Comment provides a brief description of various provisions of California's trade secret law, the Uniform Trade Secrets Act ("UTSA"). Part II analyzes the various categories of trade secret users who may become liable for unauthorized publication of a trade secret. Part ill examines the distinct approaches of the United States Supreme Court and the California Supreme Court in granting preliminary injunctions against third party publication of confidential information. Part IV identifies the features of a newsworthy- public-concern exception to the grant of preliminary injunctions against third party publishers in trade secret cases. Part V provides justification …
Privacy: Its Destruction And The Struggle To Preserve It, Marina Bacchetti
Privacy: Its Destruction And The Struggle To Preserve It, Marina Bacchetti
Golden Gate University Law Review
No abstract provided.
Government Transparency And The Obama Era, Ross Schulman
Government Transparency And The Obama Era, Ross Schulman
Legislation and Policy Brief
Government transparency has been a focus of President Barack Obama’s campaign and administration, but effort has been expended on programs that have emphasized policy and legislative transparency over ethical and data transparency. This emphasis is misplaced. During the 2008 Presidential Election, the Obama campaign tapped into a large reserve of predominantly younger people who demanded a connection with the candidates before them. A large part of that connection was focused on the transparency that came from this highly networked campaign. President Obama’s campaign in particular embodied that approach, both through its promises and its actions. Now that the Obama administration …
Book Review - Susan M. Behuniak, A Caring Jurisprudence, Kim Harvey
Book Review - Susan M. Behuniak, A Caring Jurisprudence, Kim Harvey
Golden Gate University Law Review
No abstract provided.
Boggs V. Boggs: State Community Property And Succession Rights Wallow In Erisa's Mire, Tony Vecino
Boggs V. Boggs: State Community Property And Succession Rights Wallow In Erisa's Mire, Tony Vecino
Golden Gate University Law Review
This Note will summarize the history of Boggs and discuss the issues that led to a circuit split between the Fifth and Ninth Circuits regarding community property rights and ERISA protected pension plan benefits in the testamentary context. It will also track ERISA's legislative history to determine Congressional intent. In particular, this Note will examine inconsistencies among past judicial constructions based on the application of ERISA's preemption and spendthrift provisions to regulate private pension plans. Further, this Note will scrutinize the Court's holding in Boggs giving deference to the facts in the record to clarify the problems inherent in the …
Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Golden Gate University Law Review
This note sets forth the facts and procedural history of Suitum. The background of ripeness in the context of government regulation of land use and constitutional takings claims is examined in Section III. The major area of inquiry is the evolution and application of the Williamson County two hurdle, "final decision" and "state procedures," ripeness test. The analysis of both the Ninth Circuit opinion and the reversing United States Supreme Court opinion are presented in Section IV. Section V evaluates the differing positions of the Ninth Circuit and the Supreme Court regarding the application of the ripeness test to TDRs. …
Senate Bill 1413: The Answer To Senate Bill 60 Plebiscite And Its Constitutionality Under The Inherent Powers Doctrine, Tamara Hill
Golden Gate University Law Review
This Comment will examine the evolution of the California State Bar, its intended purpose and the reasons for which its structure is currently under attack. It will also discuss the respective roles of the California Legislature and California Supreme Court in regulating the legal profession under the Inherent Powers Doctrine. Moreover, this Comment will analyze whether the attempt by California Legislature to restructure the State Bar, using SB 1413, is constitutional under the Inherent Powers Doctrine by applying the two-part test established in Brydonjack v. State Bar of California. Finally, this Comment concludes that SB 1413 is constitutional under the …
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
Golden Gate University Law Review
This Comment will begin by examining the facts and procedural history of the Hopwood case. It will discuss background information relevant to understanding affirmative action and the precedent used by the Fifth Circuit, most notably the Bakke decision. This Comment will also examine the application of affirmative action in higher education admissions policies. It will evaluate the Fifth Circuit's reasoning for contradicting Bakke when the Fifth Circuit concluded that racial considerations are impermissible in admission plans in higher education. Finally, this Comment proposes that the Fifth Circuit was hasty in rendering its conclusion.
Borawick V. Shay: The Admissibility Of Hypnotically-Induced Memories, Kristy L. Topham
Borawick V. Shay: The Admissibility Of Hypnotically-Induced Memories, Kristy L. Topham
Golden Gate University Law Review
This Note will trace the facts and history of the Borawick case. This Note will then discuss reliability problems associated with hypnotically-induced memories as well as the various approaches to admissibility of hypnotically-refreshed testimony. An explanation of the Second Circuit Court's analysis in Borawick follows. Finally, the Note will critique the Court's reasoning and suggest a possible remedy for the shortcomings of the Second Circuit's chosen approach to admissibility.
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
Golden Gate University Law Review
This afternoon I want to discuss what would be the impact of eliminating affirmative action. To do this, I want to focus on what I see as the myths of affirmative action and then the realities of affirmative action. I believe that the popular discussion of this important and divisive topic is very much distorted by certain myths. I would identify for you three myths of affirmative action.
Introduction Of Elaine R. Jones, The Hon. Thelton Henderson
Introduction Of Elaine R. Jones, The Hon. Thelton Henderson
Golden Gate University Law Review
No abstract provided.
Inclusiveness, Interrelatedness, And The Affirmative Action Debate In California - Introduction To The Ggu School Of Law Symposium On Race Relations In America, David B. Oppenheimer
Inclusiveness, Interrelatedness, And The Affirmative Action Debate In California - Introduction To The Ggu School Of Law Symposium On Race Relations In America, David B. Oppenheimer
Golden Gate University Law Review
No abstract provided.
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Golden Gate University Law Review
This note provides a brief background to the Rescissions Act, outlines the Act's provisions and examines the Ninth Circuit Court's decisions interpreting these provisions prior to Oregon Natural Resources Council v. Thomas. Section III sets forth the facts and procedural history of ONRC II, the most recent meritorious lawsuit to fall victim to the provisions of the Rescissions Act. Section IV examines the Ninth Circuit Court's analysis and holding in ONRC II. Section V argues that although the Ninth Circuit's decision in ONRC II was correct under current standards, the result was fundamentally wrong. Section V also examines the rules …
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
A Modest Experiment In Pedagogy: Lessons On Comparative Constitutional Law, Thomas E. Baker
FIU Law Review
No abstract provided.
Reflections On The Doctrinal And Big-Picture Issues Raised By The Constitutional Challenges To The Patient Protection And Affordable Care Act (Obamacare), Vikram David Amar
Reflections On The Doctrinal And Big-Picture Issues Raised By The Constitutional Challenges To The Patient Protection And Affordable Care Act (Obamacare), Vikram David Amar
FIU Law Review
No abstract provided.
Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher
Cost Containment And The Patient Protection And Affordable Care Act, David Orentlicher
FIU Law Review
No abstract provided.
Is Perception Reality?: An Argument Against The Use Of Rule 403 For The Exclusion Of Eyewitness Identification Expert Testimony, Chelsea Moore
Is Perception Reality?: An Argument Against The Use Of Rule 403 For The Exclusion Of Eyewitness Identification Expert Testimony, Chelsea Moore
FIU Law Review
No abstract provided.
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
Shifting The Conversation: Disability, Disparities And Health Care Reform, Elizabeth Pendo
FIU Law Review
No abstract provided.
The Private Action Requirement, Gerard N. Magliocca
The Private Action Requirement, Gerard N. Magliocca
FIU Law Review
No abstract provided.