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Articles 7021 - 7050 of 10234
Full-Text Articles in Entire DC Network
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Faculty Scholarship
The article addresses an important yet largely overlooked issue of statutory meaning and labor relations policy: employers’ aggressive use of civil RICO actions to chill coordinated union efforts in the organizing and bargaining arenas. Over the past 30 years, facing volatile economic conditions and complex corporate relationships, unions have mounted coordinated campaigns (aimed at consumers, public officials, lenders, the media, and the public) in order to help organize new workers and to renew collective bargaining relationships. These often high-profile campaigns have at times been quite successful. In response, employers since the late 1980s have invoked civil RICO’s broad language to …
Evidence Code Section 802: The Neglected Key To Rationalizing The California Law Of Expert Testimony, David L. Faigman, Edward J. Imwinkelried
Evidence Code Section 802: The Neglected Key To Rationalizing The California Law Of Expert Testimony, David L. Faigman, Edward J. Imwinkelried
Faculty Scholarship
No abstract provided.
Trespass-Copyright Parallels And The Harm-Benefit Distinction, Wendy J. Gordon
Trespass-Copyright Parallels And The Harm-Benefit Distinction, Wendy J. Gordon
Faculty Scholarship
Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of trespass to land in that volitional entry (for land) or volitional copying (for copyright) gives rise to liability regardless of proof of harm and without any need for the plaintiff to prove the defendant acted unreasonably. Many scholars have criticized copyright law for following the strict liability model of real property trespass, and have suggested alternatives that would more resemble conditional causes of action such as unfair competition, nuisance, or negligence. In Foreseeability and Copyright Incentives, Professor Shyamkrishna Balganesh argues that copyright plaintiffs …
Answering The Millennium Call For The Right To Maternal Health: The Need To Eliminate User Fees, Margaux J. Hall, Aziza Ahmed, Stephanie E. Swanson
Answering The Millennium Call For The Right To Maternal Health: The Need To Eliminate User Fees, Margaux J. Hall, Aziza Ahmed, Stephanie E. Swanson
Faculty Scholarship
Complications during childbirth and pregnancy are a main source of death and disability among women of reproductive age. Approximately 536,000 women die from pregnancy-related complications each year. Developing countries suffer most profoundly, accounting for 99% of deaths. The world's nations, by endorsing U.N. Millennium Development Goals, recognized that most deaths are preventable; they have pledged to reduce maternal mortality by 75% by 2015. This Article assesses the barriers presented by user fees - formal charges for health services still charged by many countries - to the attainment of MDGs. It shows that user fees hamper healthcare access, particularly in emergency …
Protecting Hiv Positive Women’S Human’S Rights: Recommendations For The Obama Administration, Aziza Ahmed, Catherine Hanssens, Brook Kelly
Protecting Hiv Positive Women’S Human’S Rights: Recommendations For The Obama Administration, Aziza Ahmed, Catherine Hanssens, Brook Kelly
Faculty Scholarship
To bring the United States in line with prevailing human rights standards, its National HIV/AIDS Strategy will need to explicitly commit to a human rights framework when developing programmes and policies that serve the unaddressed needs of women. This paper focuses on two aspects of the institutionalized mistreatment of people with HIV: 1) the criminalization of their consensual sexual conduct; and 2) the elimination of informed and documented consensual participation in their diagnosis through reliance on mandatory and opt-out testing policies. More than half of US states have HIV-specific laws criminalizing the consensual sexual activity of people with HIV, regardless …
How Medicare Could Get Better Prices On Prescription Drugs, Kevin Outterson
How Medicare Could Get Better Prices On Prescription Drugs, Kevin Outterson
Faculty Scholarship
Congress may reform drug pricing policies under Medicare Part D as part of a larger health reform effort. Currently, the "noninterference" provision prevents the government from negotiating drug prices on behalf of Medicare Part D prescription drug plans. Commonly considered reform proposals borrow ideas from Medicaid, either through returning dual eligibles to Medicaid drug pricing or by imposing mandatory rebates across the Part D population. We examine a menu of other options, including value-based pricing; expansion of generic and therapeutically equivalent substitution; increased formulary diversity; importation; and limited antitrust waivers. These latter options may reduce federal spending without direct government …
Tailored Participation: Modernizing The Apa Rulemaking Procedures, Dorit Rubinstein Reiss
Tailored Participation: Modernizing The Apa Rulemaking Procedures, Dorit Rubinstein Reiss
Faculty Scholarship
No abstract provided.
Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rubinstein Reiss
Participation In Governance From A Comparative Perspective: Citizen Involvement In Telecommunications And Electricity In The United Kingdom, France And Sweden, Dorit Rubinstein Reiss
Faculty Scholarship
No abstract provided.
Carbon Into Gold: Forest Carbon Offsets, Climate Change Adaptation, And International Law, David Takacs
Carbon Into Gold: Forest Carbon Offsets, Climate Change Adaptation, And International Law, David Takacs
Faculty Scholarship
No abstract provided.
Can A Subsequent Change In Law Void A Marriage That Was Valid At Its Inception? Considering The Legal Effect Of Proposition 8 On California's Existing Same-Sex Marriages, Lois A. Weithorn
Faculty Scholarship
No abstract provided.
Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams
Reconstructive Feminism: Changing The Way We Talk About Gender And Work Thirty Years After The Pda, Joan C. Williams
Faculty Scholarship
No abstract provided.
Defining Empirical Frames Of Reference In Constitutional Cases: Unraveling The As-Applied Versus Facial Distinction In Constitutional Law, David L. Faigman
Defining Empirical Frames Of Reference In Constitutional Cases: Unraveling The As-Applied Versus Facial Distinction In Constitutional Law, David L. Faigman
Faculty Scholarship
No abstract provided.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr., Dana Remus Irwin
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr., Dana Remus Irwin
Faculty Scholarship
No abstract provided.
Blowing The Whistle On Mandatory Arbitration Unconscionability As A Signaling Device, Charles L. Knapp
Blowing The Whistle On Mandatory Arbitration Unconscionability As A Signaling Device, Charles L. Knapp
Faculty Scholarship
No abstract provided.
Notes On A Progressive National Water Policy, John D. Leshy
Notes On A Progressive National Water Policy, John D. Leshy
Faculty Scholarship
No abstract provided.
State Standing After Massachusetts V. Epa, Calvin R. Massey
State Standing After Massachusetts V. Epa, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Probabilities, Planning Failures, And Environmental Law, Dave Owen
Probabilities, Planning Failures, And Environmental Law, Dave Owen
Faculty Scholarship
No abstract provided.
Law's Misguided Love Affair With Science, Robin Feldman
Law's Misguided Love Affair With Science, Robin Feldman
Faculty Scholarship
No abstract provided.
Historic Perspectives On Law & Science, Robin Feldman
Historic Perspectives On Law & Science, Robin Feldman
Faculty Scholarship
No abstract provided.
Ecosystem Services In Decision Making: Time To Deliver, James Salzman, Gretchen C. Daily, Stephen Polasky, Joshua Goldstein, Peter M. Kareiva, Harold A. Mooney, Liba Pejchar, Taylor H. Ricketts, Robert Shallenberger
Ecosystem Services In Decision Making: Time To Deliver, James Salzman, Gretchen C. Daily, Stephen Polasky, Joshua Goldstein, Peter M. Kareiva, Harold A. Mooney, Liba Pejchar, Taylor H. Ricketts, Robert Shallenberger
Faculty Scholarship
Over the past decade, efforts to value and protect ecosystem services have been promoted by many as the last, best hope for making conservation mainstream – attractive and commonplace worldwide. In theory, if we can help individuals and institutions to recognize the value of nature, then this should greatly increase investments in conservation, while at the same time fostering human well-being. In practice, however, we have not yet developed the scientific basis, nor the policy and finance mechanisms, for incorporating natural capital into resource- and land-use decisions on a large scale. Here, we propose a conceptual framework and sketch out …
Critical Commentary On 'Open Source' In The Life Sciences, Arti K. Rai
Critical Commentary On 'Open Source' In The Life Sciences, Arti K. Rai
Faculty Scholarship
No abstract provided.
Living In Interesting Times: President Obama And The Rebirth Of The Labor Movement, Daniel S. Bowling Iii
Living In Interesting Times: President Obama And The Rebirth Of The Labor Movement, Daniel S. Bowling Iii
Faculty Scholarship
Legislation has been introduced in the United States that will allow workers to form unions without secret ballot voting among prospective members. This legislation, in its current form, is the most radical change in Federal law governing union recognition in its history. While passage of the legislation is far from certain, it has generated much discussion and argument, most of it polemical. This article examines the issue from a more academic perspective, reviewing the history of organizing and how management practices have developed that effectively use the current election process as a tool to resist organizing efforts, and the effect …
A Few Questions About The Social-Obligation Norm, Jedediah Purdy
A Few Questions About The Social-Obligation Norm, Jedediah Purdy
Faculty Scholarship
Reponse to an article by Gregory S. Alexander, 'The Social-obligation Norm in American Property Law,' in a Special Issue of the Journal on Property Obligation.
Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks
Marriage As A Message: Same-Sex Couples And The Rhetoric Of Accidental Procreation, Kerry Abrams, Peter Brooks
Faculty Scholarship
In his dissent in the 2003 case Goodridge v. Department of Health, Justice Robert Cordy of the Massachusetts Supreme Court introduced a novel argument in support of state bans on same-sex marriage: that marriage is an institution designed to create a safe social and legal space for accidental heterosexual reproduction, a space that is not necessary for same-sex couples who, by definition, cannot accidentally reproduce. Since 2003, every state appellate court considering a same-sex marriage case has adopted Justice Cordy's dissent until the recent California Supreme Court decision In Re Marriage Cases. In case after case, courts have held that …
Why We Should Ignore The “Octomom”, Kimberly D. Krawiec
Why We Should Ignore The “Octomom”, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Using Salience And Influence To Narrow The Tax Gap, Susan C. Morse
Using Salience And Influence To Narrow The Tax Gap, Susan C. Morse
Faculty Scholarship
No abstract provided.
Foreword – Will Hpv Vaccines Prevent Cervical Cancers Among Poor Women Of Color?: Global Health Policy At The Intersection Of Human Rights And Intellectual Property Law, Kevin Outterson
Faculty Scholarship
Cervical cancer is a disease of social inequality. Women with access to effective screening and treatment rarely die from cervical cancer. The burden of cervical cancer mortality falls most heavily among the poorer women of the world. Cervical cancer starkly illustrates global inequality across race, sex and class. Cervical cancer disproportionately kills poor women of color. The HPV vaccine is a triumph of science.
Street Stops And Broken Windows Revisited: The Demography And Logic Of Proactive Policing In A Safe And Changing City, Jeffrey Fagan, Amanda Geller, Garth Davies, Valerie West
Street Stops And Broken Windows Revisited: The Demography And Logic Of Proactive Policing In A Safe And Changing City, Jeffrey Fagan, Amanda Geller, Garth Davies, Valerie West
Faculty Scholarship
The contributions of order-maintenance policing and broken windows theory to New York City’s remarkable crime decline have been the subject of contentious debate. The dominant policing tactic in New York since the 1990s has been aggressive interdiction of citizens through street encounters in the search for weapons or drugs. Research showed that minority citizens in the 1990s were disproportionately stopped, frisked and searched at rates significantly higher than would be predicted by their race-specific crime rates, and that this excess enforcement was explained by the social structure of predominantly minority neighborhoods than by either their disorder or their crime rates. …
Neoliberal Penality: A Brief Genealogy, Bernard E. Harcourt
Neoliberal Penality: A Brief Genealogy, Bernard E. Harcourt
Faculty Scholarship
The turn of the twenty first century witnessed important shifts in punishment practices. The most shocking is mass incarceration – the exponential rise in prisoners in state and federal penitentiaries and in county jails beginning in 1973. It is tempting to view these developments as evidence of something new that emerged in the 1970s – of a new culture of control, a new penology, or a new turn to biopower. But it would be a mistake to place too much emphasis on the 1970s since most of the recent trends have antecedents and parallels in the early twentieth century. It …
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph
Faculty Scholarship
In this Criminal Law Conversation (Robinson, Ferzan & Garvey, eds., Oxford 2009), the authors debate whether there is a role for randomization in the penal sphere - in the criminal law, in policing, and in punishment theory. In his Tanner lectures back in 1987, Jon Elster had argued that there was no role for chance in the criminal law: “I do not think there are any arguments for incorporating lotteries in present-day criminal law,” Elster declared. Bernard Harcourt takes a very different position and embraces chance in the penal sphere, arguing that randomization is often the only way to avoid …