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454,033 full-text articles. Page 7535 of 7611.

Reasonable Expectations In Socio-Cultural Context, Nancy Kim 2010 California Western School of Law

Reasonable Expectations In Socio-Cultural Context, Nancy Kim

Faculty Scholarship

Under the objective theory of contract, courts interpret the intent of the parties in adopting a particular contractual term according to the reasonable meaning of that term, or the meaning that a reasonable person would assign to that term. Courts adopt the objective theory to determine all aspects of the understanding between the parties-from the determination of contract formation, to an evaluation of the meaning of written or spoken terms, to an assessment of contract performance. In a series of articles, Professor Melvin Eisenberg explained how modern contract law evolved from the will theory to the classical model, and from ...


The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner 2010 California Western School of Law

The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner

Faculty Scholarship

No abstract provided.


Investment In Water And Wastewater Infrastructure: An Environmental Justice Challenge, A Governance Solution, Alexandra Dapolito Dunn 2010 Pace Law School

Investment In Water And Wastewater Infrastructure: An Environmental Justice Challenge, A Governance Solution, Alexandra Dapolito Dunn

Pace Law Faculty Publications

This article evaluates the impact of the growing presence of privatized water and wastewater infrastructure projects in some of the world’s most populous countries: China, India, the United States, Brazil, and Nigeria. Together, these nations account for nearly 50 percent of the world’s population. The article discusses environmental justice issues associated with contaminated drinking water and insufficient sanitation and explores the role that public versus private ownership of water infrastructure plays in ensuring access to clean water for the lower-income echelons of society. It articulates the importance of the rule of law and sound environmental governance in this ...


Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach 2010 Elisabeth Haub School of Law at Pace University

Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach

Pace Law Faculty Publications

The fines and penalties assessed against corporations are running into the billions of dollars each year. Part of the reason is that the managers and employees of entrepreneurial organizations have inherent incentives to engage in conduct that exposes the entity to fines and penalties. This article considers the legal bases for shifting these law-enforcement losses back to directors who are actively involved in creating them, either because they approved or they deliberately ignored the corporation’s legal or regulatory violations (Part II). It then examines bases for shifting these losses back to directors even when their involvement in the non-compliance ...


Luke Cole, Brian E. Gray 2010 UC Hastings College of the Law

Luke Cole, Brian E. Gray

Faculty Scholarship

No abstract provided.


Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke 2010 Columbia Law School

Eve Sedgwick, Civil Rights, And Perversion, Katherine M. Franke

Faculty Scholarship

It is hard to imagine where queer theory would be without Eve Sedgwick. Indeed, I can't imagine where my own thinking would be had it not been informed, enriched, challenged, repulsed, and seduced by Sedgwick's writing. Between Men: English Literature and Male Homosocial Desire and The Epistemology of the Closet, the early work, gave me the tools to think about the fundamental landscapes of my intellectual world in ways that decoupled and reconfigured the binaries of male/ female, heterosexual/homosexual, friend/lover, and public/private. Sedgwick gave us the idea of homosociality and a critique of identity and ...


That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu 2010 St. John's University School of Law

That Guy's A Batterer!: A Scarlet Letter Approach To Domestic Violence In The Information Age, Elaine M. Chiu

Faculty Publications

Despite the remarkable reliance on the Internet as a source of information, we have yet to fully take advantage of it in our movement against domestic violence. Information is used as a weapon in the battle against domestic violence in several limited ways. Yet there is still more we can do with information and, specifically, the Internet, in combating domestic violence. The Scarlet Letter proposal seeks to empower potential victims of domestic violence with information so that they themselves can make choices that will avoid years of suffering and abuse. The idea is to allow public access to the data ...


Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo 2010 UC Hastings College of the Law

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Jeremy Seymour, Richard Leo

Faculty Scholarship

No abstract provided.


Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram 2010 UC Hastings College of the Law

Humonetarianism: The New Correctional Discourse Of Scarcity, Hadar Aviram

Faculty Scholarship

No abstract provided.


Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt 2010 UC Hastings College of the Law

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

Faculty Scholarship

No abstract provided.


Reconciling Fair Use And Trademark Use, Margreth Barrett 2010 UC Hastings College of the Law

Reconciling Fair Use And Trademark Use, Margreth Barrett

Faculty Scholarship

No abstract provided.


Aligning Ethics With Medical Decision-Making: The Quest For Informed Patient Choice, Jaime S. King, Benjamin W. Moulton 2010 UC Hastings College of the Law

Aligning Ethics With Medical Decision-Making: The Quest For Informed Patient Choice, Jaime S. King, Benjamin W. Moulton

Faculty Scholarship

No abstract provided.


Access To Prescription Drugs: A Normative Economic Approach To Pharmacist Conscience Clause Legislation, Joanna K. Sax 2010 California Western School of Law

Access To Prescription Drugs: A Normative Economic Approach To Pharmacist Conscience Clause Legislation, Joanna K. Sax

Faculty Scholarship

The goals of this Article are two-fold: (1) to explain that pharmacist conscience clause legislation may be expanded to areas concerning controversial biomedical research; and (2) to demonstrate that welfare economics can be applied to analyze pharmacist conscience clause legislation. Regarding the first goal, the broad language of existing and proposed conscience clause legislation creates an umbrella that allows a pharmacist to escape liability for refusing to fill a prescription for almost any type of medication. With respect to the second goal, this Article applies welfare economics to demonstrate that pharmacist conscience clauses are a part of tort law and ...


Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman 2010 California Western School of Law

Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman

Faculty Scholarship

The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses ...


Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market And Culture, Susan A. Channick 2010 California Western School of Law

Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers Of Inertia, Free Market And Culture, Susan A. Channick

Faculty Scholarship

In a country that prides itself on equality of opportunity, why is there so little equality when it comes to healthcare? Why does the value of equality of opportunity not translate into social solidarity? This Article seeks answers to these questions. Risking the label of socialist, I posit that the most cost-effective, efficacious, and efficient solution to the health care mess that the United States is in is universal single-payer reform with the federal government as that payer.

Part I examines the United States' current climate as it affects health care reform. In Part II, this Article scrutinizes recent state ...


Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik 2010 California Western School of Law

Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this article, we offer our own theory-based methodology for teaching interprofessional collaboration to law students and we present our preliminary data on its effectiveness. Part I explicates the definition and development of interdisciplinary collaboration. Part II describes how we have grounded our course in current theory, and Part III explains the extent to which our efforts have been successful. Finally, in Part IV, we offer additional thoughts regarding the teaching of interdisciplinary collaboration and pose questions and ideas for future data collection.


A Crumbling Pyramid: How The Evolving Jurisprudence Defining “Employee” Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink 2010 California Western School of Law

A Crumbling Pyramid: How The Evolving Jurisprudence Defining “Employee” Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink

Faculty Scholarship

Part I of this article describes the legal framework for analyzing whether a partner can sue under the Age Discrimination in Employment Act ("ADEA"), focusing on two fairly recent decisions in this area: (i) The U.S. Supreme Court's 2003 decision in Clackamas Gastroenterology Assoc., P.C. v. Wells, a case in which the Court had to determine whether director-shareholder physicians in a medical clinic should be deemed employees for purposes of the Americans with Disabilities Act ("ADA"); and (ii) the Seventh Circuit's 2002 decision in a lawsuit brought by the Equal Employment Opportunity Commission ("EEOC") against the ...


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.


Sovereignty In The Age Of Twitter, Donald L. Doernberg 2010 Elisabeth Haub School of Law at Pace University

Sovereignty In The Age Of Twitter, Donald L. Doernberg

Pace Law Faculty Publications

To a degree unimaginable even as recently as twenty-five years ago, people all over the world can communicate with each other easily, cheaply, and frequently, with the concomitant result that people learn more about what is happening elsewhere in the world and even in their own countries. Governments can no longer control information flow nearly to the extent that was once possible, and that has enabled people outside of government to know much more about what government is doing and to know it considerably sooner than might otherwise have been the case. That availability of information is changing the nature ...


We Can Work It Out: Co-Op Compulsory Licensing As The Way Forward In Improving Access To Anti-Retroviral Drugs, Horace E. Anderson 2010 Elisabeth Haub School of Law at Pace University

We Can Work It Out: Co-Op Compulsory Licensing As The Way Forward In Improving Access To Anti-Retroviral Drugs, Horace E. Anderson

Pace Law Faculty Publications

This Article explores the social and developmental underpinnings of the access problem and describes the legal framework that provides the backdrop for the Waiver's licensing scheme. Part III examines the various lenses, humanitarian, economic, and political, through which the underutilization problem may be viewed and explained. Part IV sets out the structural heart of the Waiver scheme's deficiencies: the notion of the “compulsory” license itself. Part V posits a co-op scheme of licensing that aligns the concerns, goals, and incentives of IP owners, importers, exporters, and consumers. Finally, the Article relates the proposed scheme to more general trends ...


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