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Articles 2251 - 2280 of 10460
Full-Text Articles in Entire DC Network
Children’S Regulatory Law Reporter, Vol. 5, No. 2 (2004), Children's Advocacy Institute, University Of San Diego School Of Law
Children’S Regulatory Law Reporter, Vol. 5, No. 2 (2004), Children's Advocacy Institute, University Of San Diego School Of Law
Children's Regulatory Law Reporter
No abstract provided.
University Of San Diego News Print Media Coverage 2004.10, University Of San Diego Office Of Public Relations
University Of San Diego News Print Media Coverage 2004.10, University Of San Diego Office Of Public Relations
Print Media Coverage (1947-2009)
Printed clippings housed in folders with a table of contents arranged by topic.
Motions 2004 Volume 40 Number 2, University Of San Diego School Of Law Student Bar Association
Motions 2004 Volume 40 Number 2, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
University Of San Diego Men's Soccer Media Guide 2004, University Of San Diego Athletics Department
University Of San Diego Men's Soccer Media Guide 2004, University Of San Diego Athletics Department
Soccer (Men)
32 pages : illustrations, portraits ; 21.5 x 28 cm
Vista: September 30, 2004, University Of San Diego
Vista: September 30, 2004, University Of San Diego
USD Vista (1965-)
No abstract provided.
Faculty Newsnotes 2004 No. 371, Office Of The Provost
Faculty Newsnotes 2004 No. 371, Office Of The Provost
Faculty Newsnotes (1972-2010)
No abstract provided.
Vista: September 23, 2004, University Of San Diego
Vista: September 23, 2004, University Of San Diego
USD Vista (1965-)
No abstract provided.
Montesquieu's Mistakes And The True Meaning Of Separation, Laurence Claus
Montesquieu's Mistakes And The True Meaning Of Separation, Laurence Claus
University of San Diego Public Law and Legal Theory Research Paper Series
“The political liberty of the subject,” said Montesquieu, “is a tranquility of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man needs not be afraid of another.” The liberty of which Montesquieu spoke is directly promoted by apportioning power among political actors in a way that minimizes opportunities for those actors to determine conclusively the reach of their own powers. Montesquieu’s constitution of liberty is the constitution that most plausibly establishes the rule of law. Montesquieu concluded that this constitution could …
Judges As Rulemakers, Larry A. Alexander, Emily Sherwin
Judges As Rulemakers, Larry A. Alexander, Emily Sherwin
University of San Diego Public Law and Legal Theory Research Paper Series
This essay analyzes and compares different approaches to the problem of legal precedent. If judges reasoned flawlessly, the ideal approach to precedent would give prior judicial opinions only the weight they naturally carry in moral reasoning. Given that judges are not perfect reasoners, the best approach to precedent is one that treats rules established in prior decisions as authoritative for later judges. In comparison to the natural model of precedent, a rule-based model minimizes error. A rule-based model is also superior to several popular attempts at compromise, which call on judges to reason from the results of prior cases or …
Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark
Competency To Stand Trial On Trial, Grant H. Morris, Ansar M. Haroun, David Naimark
University of San Diego Public Law and Legal Theory Research Paper Series
This Article considers the legal standards for the determination of competency to stand trial, and whether those standards are understood and applied by psychiatrists and psychologists in the forensic evaluations they perform and in the judgments they make–judgments that are routinely accepted by trial courts as their own judgments. The Article traces the historical development of the competency construct and the development of two competency standards. One standard, used today in eight states that contain 25% of the population of the United States, requires that the defendant be able to assist counsel in the conduct of a defense “in a …
Generic Constitutional Law, David S. Law
Generic Constitutional Law, David S. Law
University of San Diego Public Law and Legal Theory Research Paper Series
This paper seeks to articulate and explore the emerging phenomenon of generic constitutional law, here and in other countries. Several explanations are offered for this development. First, constitutional courts face common normative concerns pertaining to countermajoritarianism and, as a result, experience a common need to justify judicial review. These concerns, and the stock responses that courts have developed, amount to a body of generic constitutional theory. Second, courts employ common problem-solving skills in constitutional cases. The use of these skills constitutes what might be called generic constitutional analysis. Third, courts face overlapping influences, largely not of their own making, that …
Prosecutorial Neutrality, Fred C. Zacharias, Bruce A. Green
Prosecutorial Neutrality, Fred C. Zacharias, Bruce A. Green
University of San Diego Public Law and Legal Theory Research Paper Series
This Article examines the ideal of prosecutorial neutrality in an effort to determine its value as a measure of prosecutorial conduct. Commentators often have assumed that prosecutors should be “neutral” in making discretionary decisions or have criticized prosecutors for decisions that purportedly demonstrate a lack of neutrality. The notion of prosecutorial neutrality recalls the traditional conception of prosecutors as “quasi-judicial” officers and emphasizes the distinction between prosecutors and lawyers for private parties. But the specific meaning attributed to prosecutorial neutrality has varied depending on the context. The term refers to diverse, and potentially inconsistent, views of appropriate prosecutorial conduct. The …
The Hollowness Of The Harm Principle, Steven D. Smith
The Hollowness Of The Harm Principle, Steven D. Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal …
Alcalá View 2004 21.01, University Of San Diego Publications Office
Alcalá View 2004 21.01, University Of San Diego Publications Office
Alcalá View (1985-2006)
USD's ID Card: Don't Leave Home Without It; More than Just a Mailman, Danny Marines has been Stamped as First- Class; Commercial Shows the Many Sides of USD; SEA Snippets; It's A Date! Rembrandt's Revelations of the Bible; For Your Benefit…; Duo Makes Dining a Delight; Chef Specialty Bars; Mass of the Holy Spirit; Chicano/a Heritage Month; New Logo Manual Released; Employee Benefits Forum; Body Acceptance Week; Alternative Transportation; Milestones
Faculty Newsnotes 2004 No. 370, Office Of The Provost
Faculty Newsnotes 2004 No. 370, Office Of The Provost
Faculty Newsnotes (1972-2010)
No abstract provided.
Motions 2004 Volume 40 Number 1, University Of San Diego School Of Law Student Bar Association
Motions 2004 Volume 40 Number 1, University Of San Diego School Of Law Student Bar Association
Newspaper, Motions (1987-2019)
No abstract provided.
University Of San Diego News Print Media Coverage 2004.09, University Of San Diego Office Of Public Relations
University Of San Diego News Print Media Coverage 2004.09, University Of San Diego Office Of Public Relations
Print Media Coverage (1947-2009)
Printed clippings housed in folders with a table of contents arranged by topic.
Usd Magazine Fall 2004, University Of San Diego
Usd Magazine Fall 2004, University Of San Diego
University of San Diego Magazine (1992- )
Contents; Campus Almanac; Alumni Almanac; Faculty Almanac; Sports Almanac; The Time of Their Lives; Top Cop; Five Degrees of ... Expectation; Alumni Gallery/Class Notes; In Your Own Words; Calendar
University Of San Diego News Print Media Coverage 2004.08, University Of San Diego Office Of Public Relations
University Of San Diego News Print Media Coverage 2004.08, University Of San Diego Office Of Public Relations
Print Media Coverage (1947-2009)
Printed clippings housed in folders with a table of contents arranged by topic.
Avid Program Graduates: Negotiating The First Year Of College, Leslie J. Hays Edd
Avid Program Graduates: Negotiating The First Year Of College, Leslie J. Hays Edd
Dissertations
Although the Advancement Via Individual Determination (AVID) program has been operating in San Diego County for more than twenty years, there was a lack of research investigating how AVID program graduates experienced the transition to college. A well-established positive correlation between acceptances to four-year universities by AVID program graduates exists, but research on AVID lacked individual student narrative needed to give more depth to the data. The purpose of this case study was to investigate the transition experiences of AVID program graduates who were beginning their second year of college at competitive four-year public universities. All eight participants, in the …
Language Interactions Between Reading Recovery Teachers And Their English-Language Learners, Leslie Yerington Edd
Language Interactions Between Reading Recovery Teachers And Their English-Language Learners, Leslie Yerington Edd
Dissertations
This qualitative study investigated characteristics of student-teacher interactions during the new book introduction portion of Reading Recovery lessons. The new book introduction provides the student with background knowledge and story plot sufficient to render a successful first attempt reading the book that takes place directly after the introduction. The purpose of this study was to investigate the characteristics of student-teacher interactions during the new book introduction portion of Reading Recovery lessons in order to describe the nature of these interactions and discover the relationships, if any exist, between the interactions and student performance. The study also searched for common themes …
Guarentees And Limits Of The Independence And Impartiality Of The Judge, Joseph J. Darby
Guarentees And Limits Of The Independence And Impartiality Of The Judge, Joseph J. Darby
San Diego Law Review
This Article looks at the role of judicial independence in the United States. The author examines the history of judicial independence in England and the Colonies, under the Articles of Confederation, and forward through history. The author concludes that judicial independence forms an integral part of the political doctrine of separation of powers. In addition, the author argues that judicial independence in any country must begin with a genuine commitment to democracy and the rule of law.
"Is That English You're Speaking?" Why Intention Free Interpretation Is An Impossibility, Larry Alexander, Saikrishna Prakash
"Is That English You're Speaking?" Why Intention Free Interpretation Is An Impossibility, Larry Alexander, Saikrishna Prakash
San Diego Law Review
"Textualism" is a very general and abstract term that represents a variety of views about the interpretation of legal texts. One strand of textualism is conceptual and descriptive; this strand makes claims about what texts actually mean. Another strand of textualism is normative; this strand makes claims about how judges ought to proceed when they interpret particular kinds of legal texts, such as constitutions and statutes. In the first part of this paper, we are particularly concerned with an especially strong form of conceptual textualism - the position that texts can be interpreted without any reference, express or implied, to …
An Introductory Lesson To Mexican Law: From Constitutions And Codes To Legal Culture And Nafta, Jorge A. Vargas
An Introductory Lesson To Mexican Law: From Constitutions And Codes To Legal Culture And Nafta, Jorge A. Vargas
San Diego Law Review
This Article provides an introductory lesson to Mexican law, beginning with exploring the growing presence of Mexican law in the United States. He proceeds to explore the historical background of Mexican law, and looks at the relationship between "Aztec law" and Mexican law. Then, the author discusses the legal education of Mexican attorneys and the legal culture in Mexico. Finally, the author examines the "Americanization" of Mexican law by looking at NAFTA and it's effects.
Toward Reasonable Limitations On The Exercise Of General Jurisdiction, Walter W. Heiser
Toward Reasonable Limitations On The Exercise Of General Jurisdiction, Walter W. Heiser
San Diego Law Review
General jurisdiction is one of the most controversial aspects of the current jurisprudence of personal jurisdictions. General jurisdiction refers to a state's exercise of personal jurisdiction over a nonresident defendant in a lawsuit not arising out of or related to the defendant's contacts with the forum. General jurisdiction is particularly controversial in international litigation involving foreign defendants who do business in the United States. This article examines the potential limitations on the exercise of general jurisdiction in the context of international civil litigation.
The Empirical Dilemma Of International Law, Michael D. Ramsey
The Empirical Dilemma Of International Law, Michael D. Ramsey
San Diego Law Review
The author explores the empirical dilemma of international law; looking at international law based on consent and international customary law. The author concludes that international law faces a debilitating dilemma. On the one hand, its claim to objective authority as positive law rest upon its foundation in the customary practices of nations followed out of a sense of legal obligation. On the other hand, one can solve this problem by disconnecting international law from its foundation in custom, by looking back to its historical basis in natural law.
Alcalá View 2004 20.10, University Of San Diego Publications Office
Alcalá View 2004 20.10, University Of San Diego Publications Office
Alcalá View (1985-2006)
Turning an Alcalá Park Party Into a Fiesta; A Cool Twist on a Salsa Recipe That's Hot, Hot, Hot!; Do-It-Yourself Fiesta; Muchas Gracias for Hosting a Fabulous Fiesta; Need Temporary Office Help?; USD Thanks Picnic Sponsors and Donors; SEA Snippets; USD's Superb Staffers; USD's Awesome Administrators; Milestones; Classifieds
University Of San Diego News Print Media Coverage 2004.07, University Of San Diego Office Of Public Relations
University Of San Diego News Print Media Coverage 2004.07, University Of San Diego Office Of Public Relations
Print Media Coverage (1947-2009)
Printed clippings housed in folders with a table of contents arranged by topic.
Alcalá View 2004 20.09, University Of San Diego Publications Office
Alcalá View 2004 20.09, University Of San Diego Publications Office
Alcalá View (1985-2006)
New Vision Offers USD a Clear View of the Future; Filly Fanatic; Parking Fees on the Rise; SEA Snippets; Kudos for USD's Caterers; It's A Date! Get to the Picnic Pronto!; Summer Syllabus and Sunny Snapshots; Milestones; Classifieds
University Of San Diego News Print Media Coverage 2004.06, University Of San Diego Office Of Public Relations
University Of San Diego News Print Media Coverage 2004.06, University Of San Diego Office Of Public Relations
Print Media Coverage (1947-2009)
Printed clippings housed in folders with a table of contents arranged by topic.