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422,268 full-text articles. Page 6734 of 7075.

Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman 2010 UC Hastings College of the Law

Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman

Faculty Scholarship

No abstract provided.


Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi L. Short, Michael W. Toffel 2010 UC Hastings College of the Law

Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi L. Short, Michael W. Toffel

Faculty Scholarship

No abstract provided.


Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts 2010 UC Hastings College of the Law

Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts

Faculty Scholarship

No abstract provided.


Sentencing Reform In California, Aaron J. Rappaport 2010 UC Hastings College of the Law

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske 2010 UC Hastings College of the Law

Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske

Faculty Scholarship

No abstract provided.


Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative, James J. Fishman 2010 Elisabeth Haub School of Law at Pace University

Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative, James J. Fishman

Pace Law Faculty Publications

The Internal Revenue Service, the primary federal regulator of charities, has initiated a corporate governance initiative. The intervention by the Internal Revenue Service into an area traditionally the preserve of state nonprofit corporate law has little relationship to issues of tax compliance. This corporate governance initiative has been accomplished in the face of IRS acknowledgement that it has no statutory authority relating to these issues. Yet, the power of the Service to recognize tax exempt status and the method it has used to ensure it vision of correct corporate governance practices through a series of questions when an organization applies ...


Fisa Amendments Act 2008: Protecting Americans By Monitoring International Communications--Is It Reasonable?, Jessica LoConte 2010 Pace University

Fisa Amendments Act 2008: Protecting Americans By Monitoring International Communications--Is It Reasonable?, Jessica Loconte

Pace International Law Review Online Companion

No abstract provided.


Justice Carter’S Dissent In People V. Gonzales: Protecting Against The “Tyranny Of Totalitarianism”, Rachel A. Van Cleave 2010 Golden Gate University School of Law

Justice Carter’S Dissent In People V. Gonzales: Protecting Against The “Tyranny Of Totalitarianism”, Rachel A. Van Cleave

Publications

People v. Gonzales involved an issue that continues to divide lawyers, judges, scholars, politicians, as well as the general public: how best to protect individuals from law enforcement conduct that violates constitutional protections? This question is particularly controversial in the context of a criminal case, since the exclusion of illegally obtained evidence often results in the alleged criminal going free. In Gonzales, the California Supreme Court was asked to adopt the exclusionary rule as a remedy for violations of constitutional rights. A majority of California Supreme Court justices answered this in the negative. Justice Carter disagreed, and his analysis provided ...


Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel 2010 Golden Gate University School of Law

Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel

Publications

In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.


Bay Area Air Management Quality District 2010 Annual Report, Bay Area Air Management Quality District 2010 Golden Gate University School of Law

Bay Area Air Management Quality District 2010 Annual Report, Bay Area Air Management Quality District

California Agencies

No abstract provided.


Pseudonymous Litigation, Lior Strahilevitz 2010 University of Chicago

Pseudonymous Litigation, Lior Strahilevitz

Journal Articles

No abstract provided.


Bill Clinton's Parting Pardon Party, Albert Alschuler 2010 University of Chicago Law School

Bill Clinton's Parting Pardon Party, Albert Alschuler

Journal Articles

No abstract provided.


Addressing Problems Of Power And Supervision In Field Placements, Nancy M. Maurer, Robert F. Seibel 2010 Albany Law School

Addressing Problems Of Power And Supervision In Field Placements, Nancy M. Maurer, Robert F. Seibel

Faculty Scholarship

Power dynamics play a role in all workplace relationships and are of particular significance in field placement programs where such dynamics can have an impact on the learning opportunities for law students. This article examines power issues in relation to supervision of law students. The article begins by exploring the parameters of the problem through examples, and then examines the potential consequences of failing to address such issues in field placement programs, including ethical ramifications. Faculty in field placement programs, who generally are not responsible for client work product, have a unique opportunity to address power and supervision issues with ...


Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Allen Ford 2010 University of New Hampshire School of Law

Modeling The Effects Of Peremptory Challenges On Jury Selection And Jury Verdicts, Roger Allen Ford

Law Faculty Scholarship

Although proponents argue that peremptory challenges make juries more impartial by eliminating “extreme” jurors, studies testing this theory are rare and inconclusive. For this article, two formal models of jury selection are constructed, and various selection procedures are tested, assuming that attorneys act rationally rather than discriminate based on animus. The models demonstrate that even when used rationally, peremptory challenges can distort jury decision making and undermine verdict reliability. Peremptory challenges systematically shift jurors toward the majority view of the population by favoring median jurors over extreme jurors. If the population of potential jurors is skewed in favor of conviction ...


The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose 2010 Golden Gate University School of Law

The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind?, Leslie M. Rose

Publications

Most modern legal writing texts and style manuals recommend that writers use gender-neutral language. Gender-neutral language is achieved by avoiding the use of “gendered generics” (male or female nouns and pronouns used to refer to both men and women). For example, gender neutrality could be achieved by referring to “Members of Congress,” rather than “Congressmen,” and by changing a few words in the previous quotation from Melendez-Diaz: “The defendant always has [the] burden of raising a Confrontation Clause objection; statutes simply govern the time within which the [defendant] must do so.” As this article demonstrates, most members of the United ...


A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd 2010 University of New Hampshire School of Law

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Law Faculty Scholarship

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within the jurisprudence of poverty. Triggering this development has been a series of challenges to aggressive administrative practices adopted by localities ...


Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart 2010 Allard School of Law at the University of British Columbia

Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart

Faculty Publications

Pillage means theft during war. Although the prohibition against pillage dates to antiquity, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for the pillage of natural resources. And yet modern commercial actors are seldom held accountable for their role in the illegal exploitation of natural resources from modern conflict zones, even though pillage is prosecuted as a matter of course in other contexts. This book offers a doctrinal road-map of the law governing pillage as applied to the illegal exploitation of natural resources by ...


Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao 2010 Allard School of Law at the University of British Columbia

Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao

Faculty Publications

This paper was produced for “In Berle’s Footsteps,” a symposium marking the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society at the University of Seattle School of Law. It considers the light that the “derivatives revolution” sheds on the theoretical perspectives of Roberto Unger and Adolf Berle. While an unlikely pair, both Unger and Berle focused, in different ways, on the same issues: property, the power associated with property, and the impact of “smashing the atom” of traditional property rights. For Unger, breaking down consolidated property holding at the societal level was a pro-democratic ...


In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility, Stepan Wood 2010 Allard School of Law at the University of British Columbia

In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility, Stepan Wood

Faculty Publications

The Working Group on Social Responsibility (WGSR) of the International Organization for Standardization (ISO) will meet in Copenhagen from May 17 to 21, 2010 for what is likely to be its last meeting to work on ISO 26000, an international guide on social responsibility. One of the central challenges for the WGSR is to define the scope of an organization’s responsibility for human rights abuses committed by third parties. ISO 26000, approved by a large majority in a recent "Draft International Standard" ballot, answers this question largely in terms of an organization’s degree of control or influence over ...


The California Land Conservation (Williamson) Act 2010 Status Report, California Department of Conservation 2010 Golden Gate University School of Law

The California Land Conservation (Williamson) Act 2010 Status Report, California Department Of Conservation

California Agencies

The California Land Conservation Act, better known as the Williamson Act, has been the state’s premier agricultural land protection program since its enactment in 1965. The Williamson Act preserves agricultural and open space lands through property tax incentives and voluntary restrictive use contracts. Private landowners voluntarily restrict their land to agricultural and compatible open-space uses under minimum 10-year rolling term contracts with local governments. In return, restricted parcels are assessed for property tax purposes at a rate consistent with their actual use, rather than potential market value.


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