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Articles 9181 - 9210 of 10225
Full-Text Articles in Entire DC Network
Resistance To Equality, Elizabeth M. Schneider
Resistance To Equality, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Faculty Scholarship
No abstract provided.
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Isn't It A Crime: Feminist Perspectives On Spousal Immunity And Spousal Violence, Malinda L. Seymore
Faculty Scholarship
Much has been written about the reluctance of police to arrest in domestic violence cases and the reluctance of the state to prosecute such cases. Part of that reluctance may be caused by prevalent societal attitudes that diminish the importance of spousal violence. In a number of jurisdictions, the reluctance to pursue criminal sanctions against married abusers is caused by the difficulty of procuring the battered spouses' testimony.5 In those jurisdictions, the prosecutor cannot compel a reluctant spouse's testimony because of the spousal privilege not to testify against a defendant spouse. Even in jurisdictions that have some exceptions to the …
Better Living Through Crime And Tort, Anita Bernstein
Better Living Through Crime And Tort, Anita Bernstein
Faculty Scholarship
No abstract provided.
Star Wars: Film Permitting, Prior Restraint & Government's Role In The Entertainment Industry, Jon M. Garon
Star Wars: Film Permitting, Prior Restraint & Government's Role In The Entertainment Industry, Jon M. Garon
Faculty Scholarship
No abstract provided.
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii
Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii
Faculty Scholarship
No abstract provided.
Judicial Review Of Informal Agency Action On The Fiftieth Anniversary Of The Apa: The Alleged Demise And Actual Status Of Overton Park's Requirement Of Judicial Review "On The Record", Gordon G. Young
Faculty Scholarship
No abstract provided.
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss
Faculty Scholarship
No abstract provided.
Telling The Truth And Paying For It: A Comparison Of Two Cases - Restrictions On Political Speech In Australia And Commercial Speech In The United States, David S. Bogen
Faculty Scholarship
No abstract provided.
Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor
Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Unfunded Environmental Mandates And The "New (New) Federalism": Devolution, Revolution, Or Reform, Rena I. Steinzor
Faculty Scholarship
No abstract provided.
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Women Of Childbearing Potential In Clinical Research: Perspectives On Nih Policy And Liability Issues, Karen H. Rothenberg, Eugene G. Hayunga, Vivian W. Pinn
Faculty Scholarship
No abstract provided.
Less Is More: A Move Toward Sanity In The Budget Process, Donald B. Tobin
Less Is More: A Move Toward Sanity In The Budget Process, Donald B. Tobin
Faculty Scholarship
No abstract provided.
The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney
The New Paradigm In Custody Law: Looking At Parents With A Loving Eye, Mary Kate Kearney
Faculty Scholarship
No abstract provided.
A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M Moringiello
A Mortgage By Any Other Name: A Plea For The Uniform Treatment Of Installment Land Contracts And Mortgages Under The Bankruptcy Code, Juliet M Moringiello
Faculty Scholarship
No abstract provided.
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Text, Purpose And Facts: The Relationship Between Cercla Sections 107 And 113, William D. Araiza
Faculty Scholarship
No abstract provided.
A Championship Season For The First Amendment, Joel Gora
A Championship Season For The First Amendment, Joel Gora
Faculty Scholarship
No abstract provided.
Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox
Same-Sex Marriage And The Public Policy Exception In Choice-Of-Law: Does It Really Exist?, Barbara Cox
Faculty Scholarship
No abstract provided.
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Flesh Of My Flesh But Not My Heir: Unintended Disinheritance, Laura M. Padilla
Faculty Scholarship
This article briefly explains how the laws of intestacy and adoption work together, providing background information on second parent adoptions. It then describes why these laws are inadequate for same sex partners who adopt each others' children. It is impractical to cover statutes throughout the United States, and because I seek legal reform in California, this article focuses on California statutes, with occasional reference to the Uniform Probate Code. However, the problems caused by California's statutes also arise in other states with similar statutes. Therefore, the issues raised in this article, as well as the solutions proposed, are relevant in …
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Making Health Plans Accountable For The Quality Of Care, Clark C. Havighurst
Faculty Scholarship
No abstract provided.
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
International Contracts In European Courts: Jurisdiction Under Article 5(1) Of The Brussels Convention, Herbert Bernstein
Faculty Scholarship
No abstract provided.
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
(Dis)Assembling Rights Of Women Workers Along The Global Assembly Line: Human Rights And The Garment Industry Symposium: Political Lawyering: Conversations On Progressive Social Change, Laura Ho, Catherine Powell, Leti Volpp
Faculty Scholarship
Some observers would like to explain away sweatshops as immigrants exploiting other immigrants, as "cultural, or as the importation of a form of exploitation that normally does not happen here but occurs elsewhere, in the "Third World." While the public was shocked by the discovery at El Monte, garment workers and garment worker advocates have for years been describing abuses in the garment industry and have ascribed responsibility for such abuses to manufacturers and retailers who control the industry. Sweatshops, like the one in El Monte, are a home-grown problem with peculiarly American roots. Since the inception of the garment …
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Fired Employees And/Or Frozen-Out Shareholders (An Essay), Deborah A. Schmedemann
Faculty Scholarship
The thesis of this essay can be stated as follows: Shareholder-employees should be able to recover for loss of employment, within the cause of action provided by corporate law, where the termination violates public law, breaches the agreement among the shareholders, or is unsupported by legitimate business purposes. In Part II, this essay presents the employment model, including the paradigm of employment that the law builds on, the starting premise of employment law, the roles of private and public law, and the remedies afforded for violations of an employee's rights. In Part III, this essay develops the corporate model, discussing …
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens
Faculty Scholarship
Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.
Women Refugees Does The United States Provide Adequate Protection?, Karen Musalo
Women Refugees Does The United States Provide Adequate Protection?, Karen Musalo
Faculty Scholarship
No abstract provided.
Work Of Knowledge , Abner S. Greene
Work Of Knowledge , Abner S. Greene
Faculty Scholarship
Interpretation involves the acquisition of knowledge. We are continually confronted with the results of purposive action. Sometimes these results are written texts, such as statutes or novels. Other times these results are events in the physical world, actions that we observe or the results of actions about which we are told. To make sense of these results of purposive action, that is, to make the results be more than just a jumble of sense impressions, the observer must find a way of organizing the material with which he or she is presented. These methods of organizing the results of purposive …
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington
Faculty Scholarship
The shortage of subsidized child care creates three problems. First, it contributes to underemployment because job options are greatly reduced when child care is unavailable. Second, it erodes the wages of parents who do work because low-income families spend a debilitating percentage of their earnings to pay for the care of their children. Third, it relegates many children to poor quality child care settings, compromising their academic potential and social well-being, and placing them at risk for delinquency and dependency. Part I of this article discusses the current paucity of quality, affordable child care, and the effects of this shortage. …
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Faculty Scholarship
No abstract provided.
How Can We Sleep While The Beds Are Burning? The Tumultuous Prison Culture Of Attica Flourishes In American Prisons Twenty-Five Years Later, Justin P. Brooks
How Can We Sleep While The Beds Are Burning? The Tumultuous Prison Culture Of Attica Flourishes In American Prisons Twenty-Five Years Later, Justin P. Brooks
Faculty Scholarship
No abstract provided.
“And To The Republic For Which It Stands”: Guaranteeing A Republican Form Of Government, Catherine A. Rogers, David L. Faigman
“And To The Republic For Which It Stands”: Guaranteeing A Republican Form Of Government, Catherine A. Rogers, David L. Faigman
Faculty Scholarship
Most scholars who have addressed voter initiatives suggest only that the Guarantee Clause requires that the Supreme Court take a more active role in reviewing the constitutionality of state initiative measures. In contrast, we argue in this Essay that the Guarantee Clause establishes a per se prohibition against state initiatives. Part I of this Essay briefly examines the historical origins of the Guarantee Clause and the Founders’ apprehensions of direct democracy. Part II observes how modern state initiatives provide contemporary illustrations of the Founders’ philosophical concerns about direct democracy. Part III concludes that state initiative measures constitute per se violations …