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On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno

Faculty Publications

Twelve years ago Anthony G. Amsterdam looked into the 21st century for a description of clinical legal education. With the decided advantage of being that much closer to the turn of the century, I think I will take a similar stab. This essay is less a contradiction of Amsterdam's predictions than it is a supplement with the advantages of the passage of time. I will adopt his 21st-century perspective and look at clinical legal education from the vantage point of the year 2010.

Ethnic Conflict In Theory And Ethnic Nationalism Among The Kurdish People In Iran Iraq And Turkey, Kevin James Parsneau

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Impacts Of Water Idversion On Floodplain Structure Hydrology And Riparian Vegetation And Possible Mitigation Cascade River Banff National Park, Richard J. Mccleary

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler

Articles

This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …

What About The Children? Are Family Lawyers The Same (Ethically) As Criminal Lawyers? A Morality Play, Robert H. Aronson

Articles

A fictional account of a lawyer, representing a woman in a divorce case, who learns from her client that her live-in boyfriend has hit her and her five-year-old daughter. Is her ethical duty to protect the child greater than her responsibility to maintain the attorney-client privilege. She discusses the matter with two evidence professors in search of a solution.

Develop The Habit: Note-Taking In Legal Research, Penny A. Hazelton, Peggy Roebuck Jarrett, Nancy Mcmurrer, Mary Whisner

Articles

No abstract provided.

The Importance Of Being Honset - Lessons From An Era Of Large-Scale Financial Fraud, Anita Ramasastry, Thomas C. Baxter

Articles

In recent years, we have seen a series of staggering losses sustained by large multinational banking organizations. The Daiwa Bank ("Daiwa"), Barings Bank ("Barings") and the Bank of Credit and Commerce International ("BCCI") are three prominent examples. Each of these institutions suffered losses in excess of $1 billion through unauthorized, fraudulent or unlawful conduct by management. In each of these institutions, there existed a key bank official who broke through what might be considered a billion dollar barrier. At Daiwa Bank's New York Branch, there was Toshihbe Iguchi, its Senior Vice President and bond trader. Barings Bank had Nick Leeson, …

Cardozo's Allegheny College Opinion: A Case Study In Law As An Art, Michael Townsend

Articles

This Article consists of two related pieces. One piece considers interpretations of Cardozo's opinion in Allegheny College v. National Chautauqua County Bank. Cardozo commonly is placed among the greatest American judges, but his "analysis in Allegheny College is regularly criticized as contrived and artificial." This Article attempts to resuscitate the reputation of his analysis by placing the case in its historical and doctrinal context. The other piece continues the elaboration of a framework introduced in a previous article for thinking about law as a discipline. Central to this framework is a particular conception of the western intellectual tradition in …

Speaking Truth To Power: The Jurisprudence Of Julia Cooper Mack, Walter J. Walsh

Articles

In 1975, upon her appointment to the District of Columbia Court of Appeals, Julia Cooper Mack broke the double barrier of race and gender by becoming the first woman of color ever appointed to any American court of last resort. Over the last two decades, Judge Mack has authored hundreds of opinions articulating a powerful critical jurisprudence previously unheard on the highest level of our judiciary. In the pages that follow, several scholars join the Editors of the Howard Law Journal in suggesting that Judge Mack's life and work warrant careful scrutiny. This symposium explores the roots, development, and substance …

The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers, Jr.

Articles

My approach in this Essay is to look at the Native Hawaiian Sovereignty conflict through a lens suggested by evolutionary theory, sometimes described in the law schools as "Law and Biology." In this world, the sense of justice is a set of expectations about how others should behave, backed by a proclivity towards moralistic aggression against deviators.

The sense of justice entails both cognition and emotion, with a match of expectations and then the fit that follows if there is no fit.

Compare and despair is the name of the game. Explored in detail are the actions of Dennis "Bumpy" …

Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly

Articles

Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …

Divining The Deep And Inscrutable: Toward A Gender-Neutral, Child-Centered Approach To Child Name Change Proceedings, Lisa Kelly

Articles

While largely a matter of social convention, the surnames that children bear have been regulated by the law as well. In certain circumstances, the law has attempted to regulate the surnames given to children at birth, but more often the law has come into play when a change of name is sought for the child: It is at this point that the law dictates to family members what it values and what it will forbid as the law goes about the business of enforcing societal norms. This article will look at the role of naming and name changing and the …

Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka

Articles

This Article will address a number of major topics. First, it discusses the Federal Circuit's renewed interest in Graver Tank and the merger of the infringement test with the patentability test established by the Supreme Court in Graham v. John Deere Co. Then, this Article responds to the dissenting judges in Hilton Davis who emphasized the danger of uncertainty that stems from the in-principle application of the doctrine of equivalents. This response explains that the application of the doctrine does not increase the uncertainty in determining infringement but, rather, encourages clear, definitive claim drafting. It then examines the relationship …

Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka

Articles

What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …

"And To The Republic For Which It Stands": Guaranteeing A Republican Form Of Government, David L. Faigman, Catherine A. Rogers

Faculty Scholarship

No abstract provided.

Land Use Planning And Native American Interests At The Hanford Nuclear Site, Richard Hilton Densley

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Effort Shifts And Contrast In The Running Wheel, Georgann Zachary

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Cheyenne-Eagle Butte School Therapeutic Dormitory Program, Sandra Frazier

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

A Decision Support Model For Large Systems Using Quality Function Deployment And Goal Programming: A Capital Budgeting Problem, Kenneth Lindsey Jr.

Engineering Management & Systems Engineering Theses & Dissertations

Effective planning for the modernization of U.S. Air Force fighter aircraft requires a perception of the future tasks these aircraft will be called upon to perform, and the improvements and modifications that will be required to successfully accomplish those tasks. A great deal of research has been done in the areas of military strategy, quality function deployment, capital budgeting, and goal programming, as separate areas of study. This thesis details the research and analysis performed for a project called The Fighter Configuration Plan (FICOP), in which these areas were integrated in a decision support model to aid the Air Force …

Software Objects: A New Trend In Programming And Software Patents , Keith P. Stephens, John P. Sumner

Santa Clara High Technology Law Journal

No abstract provided.

Filling The Void Of Data Protection In The United States: Following The European Example , Michael P. Roch

Santa Clara High Technology Law Journal

No abstract provided.

The Uses And Abuses Of Neural Networks In Law, Michael Aikenhead

Santa Clara High Technology Law Journal

No abstract provided.

Book Review, Dennis A. Nicholls

Santa Clara High Technology Law Journal

No abstract provided.

Dissemination Of Digitized Music On The Internet: A Challenge To The Copyright Act , Adam P. Segal

Santa Clara High Technology Law Journal

No abstract provided.

Maximizing Protection For Computer Software, Judith A. Szepesi

Santa Clara High Technology Law Journal

No abstract provided.

Lotus V. Borland: Defining The Limits Of Software Copyright Protection, Jason A. Whong, Andrew T. S. Lee

Santa Clara High Technology Law Journal

No abstract provided.

How Will The New Twenty-Year Patent Term Affect You? A Look At The Trips Agreement And The Adoption Of A Twenty-Year Patent Term, Patricia Montalvo

Santa Clara High Technology Law Journal

No abstract provided.

Antitrust And The Telephone Industry After The Telecommunications Act Of 1996 , George J. Alexander

Santa Clara High Technology Law Journal

No abstract provided.

The Banking And Currency Power, Technology, And The Future Of The Market Economy, Richard A. Givens

Santa Clara High Technology Law Journal

No abstract provided.

Has Hal Signed A Contract: The Statute Of Frauds In Cyberspace , Richard Horning

Santa Clara High Technology Law Journal

No abstract provided.