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Articles 361 - 390 of 677
Full-Text Articles in Entire DC Network
What's Wrong With The Uniform Law Process, Gail Hillebrand
What's Wrong With The Uniform Law Process, Gail Hillebrand
UC Law Journal
No abstract provided.
Taking Democracy Seriously, Neil B. Cohen
United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin
United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin
UC Law SF Journal on Gender and Justice
This article examines the recognition given to sexual minorities through United States asylum law. This article begins with a general explanation of the evolution of asylum law and an overview of the different categories of persons eligible to apply for asylum, particularly persons facing persecution as a social group. Then the article discusses the traditional construction of gender and sexuality in lieu of persons who do not fit into the dimorphic, male/female, gender and sexual categories. These sexual minorities often face extreme hardship, government persecution and death in their home countries for stepping outside of culturally imposed sexual and gender …
Free Speech For Lawyers, W. Bradley Wendel
Free Speech For Lawyers, W. Bradley Wendel
UC Law Constitutional Quarterly
The application of First Amendment doctrine to cases involving expressive liberties of lawyers and judges has been remarkably inconsistent. Courts are split on such fundamental issues as whether lawyers' speech should be considered core political expression or some other category of speech with diminished constitutional protection; whether lawyers give up some of their expressive freedoms upon becoming members of the bar; and whether government interests such as maintaining the public's respect for lawyers are sufficient bases for restricting speech. This Article considers how constitutional principles such as the principle of content- and viewpoint-neutrality, the distinction between speech and conduct, the …
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa
Faculty Scholarship
The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Hastings Law News 2000 Vol.2 Iss.1, Uc Hastings College Of The Law
Hastings Law News 2000 Vol.2 Iss.1, Uc Hastings College Of The Law
Hastings Law News (1969/70-2001/02)
No abstract provided.
Hastings Community (Autumn 2000), Hastings College Of The Law Alumni Association
Hastings Community (Autumn 2000), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Public Works Projects. Use Of Private Contractors For Engineering And Architectural Services.
Public Works Projects. Use Of Private Contractors For Engineering And Architectural Services.
Propositions
PUBLIC WORKS PROJECTS. USE OF PRIVATE CONTRACTORS FOR ENGINEERING AND ARCHITECTURAL SERVICES. Initiative Constitutional Amendment and Statute. • Amends constitution to provide that in the design, development and construction of public works projects, state government may choose to contract with private entities for engineering and architectural services without regard to certain existing legal restrictions which apply to the procurement of other services. • Specifies that local governments may also choose to contract with private entities for engineering, architectural services. • Imposes competitive selection process, which permits but does not require competitive bidding, in awarding engineering and architectural contracts. Summary of …
State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva
State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva
UC Law SF Communications and Entertainment Journal
Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, court reports or administrative compilations. The author reviews the …
Elian Or Alien--The Contradictions Of Protecting Undocumented Children Under The Special Immigrant Juvenile Statute, Gregory Zhong Tian Chen
Elian Or Alien--The Contradictions Of Protecting Undocumented Children Under The Special Immigrant Juvenile Statute, Gregory Zhong Tian Chen
UC Law Constitutional Quarterly
In 1990, Congress enacted the Special Immigrant Juvenile ("SIJ") statute establishing a new form of immigration relief for undocumented children who have suffered from family abuse, neglect, or abandonment. The new law called for cooperation between federal immigration and state child welfare authorities in the implementation of the SIJ law, particularly with regard to jurisdictional and custodial power. Since the late nineteenth century, the federal government has asserted and maintained control over immigration matters, including determinations of individual immigration status. State and local governments, however, have historically taken principal responsibility for protecting the health, safety, and welfare of children within …
In Memoriam: Gary Bellow, Beatrice A. Moulton, Gerald E. Frug, John D. Hamilton Jr.
In Memoriam: Gary Bellow, Beatrice A. Moulton, Gerald E. Frug, John D. Hamilton Jr.
Faculty Scholarship
No abstract provided.
Recent Tax Developments In The Taxation Of Corporations And Shareholders, Daniel J. Lathrope
Recent Tax Developments In The Taxation Of Corporations And Shareholders, Daniel J. Lathrope
Faculty Scholarship
No abstract provided.
Foreword: The Future Of The Profession, Geoffrey C. Hazard Jr.
Foreword: The Future Of The Profession, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Faculty Diversity As A Clinical Legal Education Imperative, Jon C. Dubin
Faculty Diversity As A Clinical Legal Education Imperative, Jon C. Dubin
UC Law Journal
Clinical legal education has rapidly evolved from a novelty or boutique offering in law school curricula to a relatively settled and accepted component of the academy. Much has been written about the composition of law and university faculties, the value of faculty diversity in university and traditional law school educational settings, and proposals for reform. However, scant attention has been paid to the composition of the increasingly significant cadre of law professors engaging in clinical teaching and scholarship and the educational and social consequences of the demographic distribution of clinical faculty positions. In this article, Professor Dubin examines and analyzes …
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Hastings Community (Winter 1999), Hastings College Of The Law Alumni Association
Hastings Community (Winter 1999), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Tribal Gaming.
Initiatives
TRIBAL GAMING. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends Constitution to exempt gaming activities and facilities operated on Indian lands according to federal law from prohibition against lotteries and casino gambling. Authorizes tribal gaming to include specified card games, lottery games, slot machines, and other games if later authorized by Legislature. Reenacts 1998 initiative measure (Proposition 5) that mandates specific tribal-state gaming compact terms and conditions. Future restriction of gaming on Indian lands subject to voter approval. Declares this measure and ballot referendum related to tribal gaming do not conflict and, if both approved, should be reconciled to greatest possible extent. …
Hastings Community (Spring 1999), Hastings College Of The Law Alumni Association
Hastings Community (Spring 1999), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips
Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips
UC Law SF Communications and Entertainment Journal
The Internet is being catapulted to the forefront of commerce and will soon become one of the largest players in the commercial world. Famous and wellknown marks have been the special target of a variety of predatory and parasitical practices on the Internet, such as "cybersquatting" and "cyberpiracy." These practices have been exacerbated by registering domain names through offshore or fictitious entities, or by providing false or fictitious information to the registrar of the domain names, Network Solutions, Inc. This article outlines the problems of "cyberabuse" faced by famous trademark holders on the Internet, and outlines important protections that need …
After Legal Aid Is Abolished, Geoffrey C. Hazard, Jr.
After Legal Aid Is Abolished, Geoffrey C. Hazard, Jr.
Faculty Scholarship
No abstract provided.
A New Thinking About Affirmative Action, Frank H. Wu
A New Thinking About Affirmative Action, Frank H. Wu
Faculty Scholarship
No abstract provided.
Roundtable Discussion: Where Do We Go From Here? Lesbian, Gay, Bisexual And Transgendered Civil Rights Into The Next Millennium, Matt Coles
Faculty Scholarship
No abstract provided.
Amicus Curiae Brief: Cornelia Whitner V. The State Of South Carolina, Daniel N. Abrahamson
Amicus Curiae Brief: Cornelia Whitner V. The State Of South Carolina, Daniel N. Abrahamson
UC Law SF Journal on Gender and Justice
No abstract provided.
Tribal-State Gaming Compacts. Tribal Casinos.
Tribal-State Gaming Compacts. Tribal Casinos.
Initiatives
TRIBAL-STATE GAMING COMPACTS. TRIBAL CASINOS. INITIATIVE STATUTE. Specifies terms and conditions of mandatory compact between state and Indian tribes for gambling on tribal land. Mandates Governor to sign compact upon request by tribe. Permits alternative compacts only if consistent with prescribed compact. Permits gambling devices and lotteries at tribal casinos. Amends California law to allow slot machines and banked card games at tribal casinos. Provides for contributions to trust funds benefiting nongaming tribes, statewide emergency medical care programs, and programs benefiting communities near tribes, if tribes retain monopoly on authorized gambling. Provides for reimbursement of state regulatory costs. Summary of …
United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog
United States Supreme Court Cases In The Court Of Justice Of The European Communities, Peter Herzog
UC Law SF International Law Review
No abstract provided.
Copyright, Culture & (And) Black Music: A Legacy Of Unequal Protection, K. J. Greene
Copyright, Culture & (And) Black Music: A Legacy Of Unequal Protection, K. J. Greene
UC Law SF Communications and Entertainment Journal
This article explores how African-American music artists, as a group, were routinely deprived of legal protection for creative works under the copyright regime. The issue of copyright deprivation and Black artists is highly significant, given the enormous cultural contribution of Black music to American society, the importance of the music to Black culture, and the tremendous economic benefits at stake. As new issues develop in copyright law, it will be important to people of color, and to an egalitarian society as a whole, that the new copyright regime not duplicate the inequalities of the old. An underlying assumption of race-neutrality …
Tribal-State Gaming Compacts. Tribal Casinos.
Tribal-State Gaming Compacts. Tribal Casinos.
Propositions
TRIBAL-STATE GAMING COMPACTS. TRIBAL CASINOS. INITIATIVE STATUTE. Specifies terms and conditions of mandatory compact between state and Indian tribes for gambling on tribal land. Mandates Governor to sign compact upon request by tribe. Permits alternative compacts only if consistent with prescribed compact. Permits gambling devices and lotteries at tribal casinos. Amends California law to allow slot machines and banked card games at tribal casinos. Provides for contributions to trust funds benefiting nongaming tribes, statewide emergency medical care programs, and programs benefiting communities near tribes, if tribes retain monopoly on authorized gambling. Provides for reimbursement of state regulatory costs. Summary of …
State-Funded Design And Engineering Services. Initiative Constitutional Amendment.
State-Funded Design And Engineering Services. Initiative Constitutional Amendment.
Propositions
STATE-FUNDED DESIGN AND ENGINEERING SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. Prohibits contracting where performance of work by civil service employees is less costly unless urgent need for contract. Prohibits contracts which Controller or awarding agency determines are against public interest, health, safety or where quality of work would be lower than civil service work. Contractors must indemnify state in suits related to performance of contracts. Requires defined competitive bidding of state-funded design and engineering contracts over $50,000, unless delay from bidding would endanger public health or safety. Provisions severable and should be harmonized with similar measures on subject. Summary of Legislative Analyst's …
The Future Of Comparative Law: Public Legal Systems, Clifford Larsen
The Future Of Comparative Law: Public Legal Systems, Clifford Larsen
UC Law SF International Law Review
No abstract provided.