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Property And The First Amendment, Mark W. Cordes

Faculty Articles, Papers, and Other Scholarship

This article will examine the relationship of property interests to First Amendment exercise, and in particular the Supreme Court’s treatment of the ways property interests might interact with First Amendment rights. Although where appropriate it will emphasize the increased attention to property interests in recent years, the article’s primary intent is to more broadly examine the types of property-speech relationships that have arisen and how the Court has viewed property values in those various contexts. Beyond that, it will attempt to discern the more basic values reflected in the Court’s analysis and, to a limited degree, critique the Court’s treatment …

Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?, Thomas B. Mcaffee, Michael J. Quinlan

Scholarly Works

The Second Amendment is the black sheep of the constitutional family. Paralleling the Amendment's neglect and abuse by commentators is the curious onslaught of misinformation and fear in the public arena. In this Article, Professors McAffee and Quinlan begin the process of restoring the Second Amendment to its rightful place as an individual right enjoyed by the citizenry. Reviewing singular facets of the Second Amendment debate, including the relation between the Militia and Right to Arms Clauses, the meaning of “keep and bear,” the relevance of militia provisions today and the abandonment by the Supreme Court as an active participant …

Return Of The Fourth Horseman: Emerging Infectious Diseases And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Gateway Widens Doorway To Imposing Unfair Binding Arbitration On Consumers, Jean R. Sternlight

Scholarly Works

Hill v. Gateway, is but the most extreme example of a series of court decisions that allow large companies to impose potentially unfair binding arbitration agreements on unwitting consumers. The outcome in Gateway, however, is questionable on federal statutory, common law, and constitutional grounds.

"My God!": A Feminist Critique Of The Excited Utterance Exception To The Hearsay Rule, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.

The Failure Of Gissel Bargaining Orders, Terry A. Bethel, Catherine Melfi

Articles by Maurer Faculty

No abstract provided.

Rhetoric, Reality, And The Law Of Unfunded Federal Mandates, Daniel H. Cole, Carol S. Comer

Articles by Maurer Faculty

No abstract provided.

Book Review. American Constitutionalism: From Theory To Politics, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Good Catholics Should Be Rawlsian Liberals, Leslie C. Griffin

Scholarly Works

No abstract provided.

Expert Opinion Pleading: Any Merit To Special Certificates Of Merit?, Jeffrey A. Parness, Amy Leonetti

Faculty Articles, Papers, and Other Scholarship

Civil litigation reform to reduce frivolous civil lawsuits was a hot topic in the most recent Presidential debates. It has stirred much recent interest and action in state and federal legislatures. Some new developments involve special pleading norms. Lawmakers will likely debate and implement new special pleading requirements in coming years, often involving certificates of merit. Such certificates are now required for most or some professional malpractice claims in several states. Illinois adopted a certificate of merit standard for product liability actions, while certificates of merit for certain childhood sexual abuse claims are necessary in both California and Louisiana. As …

Glacial Deposits, Vol. 25, 1996-1997, Department Of Geography-Geology

Glacial Deposits

Newsletter of the Department of Geography-Geology

Bringing Avalon Hills Baptist Church Through The Two Hundred Barrier, David D. Reike

Doctoral Dissertations and Projects

The purpose of this dissertation is to identify as specifically as possible the elements which consistently contribute to the growth of the small church through the two hundred barrier, and then to incorporate these elements into a dependable strategy for such growth. The work includes a thorough review of relevant church growth literature, a review of Fuller Institute's "How to Break The Two Hundred Barrier Seminar," and it includes the results of a survey of fifty pastors who have led their congregations to regular worship attendances of over two hundred in recent years.

Verification Of The End-Effect Weibull Model Of Tensile Failure, Matthew T. Sagendorf

Undergraduate Theses and Senior Projects

No abstract provided.

In Search Of The Perfect Accounting Software, Mykal Maus

Undergraduate Theses and Senior Projects

No abstract provided.

Development Of A Trickle-Bed Bioreactor For Air Purification, Steve R. Mattson

Undergraduate Theses and Senior Projects

No abstract provided.

Personality Factors In The Formation Of Stimulus Equivalence Classes, Kristen M. Pomeroy

Undergraduate Theses and Senior Projects

No abstract provided.

Issues And Concerns In Conducting Clinical Nursing Research In Rural Hospitals, Joni M. Peterson

Undergraduate Theses and Senior Projects

No abstract provided.

Federal Civil Rights Practice In The 1990'S: The Dichotomy Between Reality And Theory, Julie Davies

UC Law Journal

Civil rights fee-shifting statutes were designed to enable plaintiffs to attract competent attorneys to litigate and ultimately vindicate violations of federal civil rights laws. In the years following the enactment of the Attorneys' Fees Awards Act of 1976, the Supreme Court has decided a number of cases that would seem to affect attorney compensation in civil rights cases. In a series of interviews with civil rights practitioners, Professor Julie Davies has explored the effects of some key decisions as well as other factors that influence the viability of civil rights practice. In her Article, she presents the results of her …

Parental Rights And The Right To Intimate Association, David Fisher

UC Law Journal

In a series of cases in the 1920s, the Supreme Court affirmed a fundamental right of parents to direct the upbringing and education of their children. Since that time, however, the judiciary's support for parental rights has become much more ambiguous. As a result, in recent years, the religious right has taken parental rights on as one of its central policy issues - introducing bills and state constitutional amendments in twenty-eight states as well as a bill in Congress, all designed to strengthen the hand of parents against state assertion of authority on behalf of their children.

This Note traces …

On A Quest For Reason: A New Look At Surreptitious Search Warrants, Paul V. Konovalov

UC Law Journal

Surreptitious search warrants, which authorize investigating agents to enter one's property and observe the interior without seizing any evidence or providing notice to the owner or occupant of the searched property, have recently been the subject of increased attention by the courts. During the last decade, both the Ninth Circuit and the Second Circuit have upheld as constitutional the use of surreptitious search warrants where agents have provided post-search notice to the targets of the search. The two Circuits have fundamentally disagreed, however, about the underlying legal justification for the notice requirement. In particular, the Ninth Circuit has explained that …

Asymmetric Rewards: Why Class Actions (May) Settle For Too Little, Bruce L. Hay

UC Law Journal

As the class action device is used with increasing frequency in damages actions, there is an increasing risk that class counsel may settle the claims of the class members for too little, or for less than their expected value at trial. One task of the courts is to protect against this danger, and this includes the policing of the "reasonableness" of the class counsel's fee in settlement. In doing so, however, Professor Hay argues that courts tend to ask the wrong question: they focus on the counsel's "take" from the settlement in absolute terms, rather than focusing on his "take" …

Opportunistic Downsizing Of Aging Workers: The 1990'S Version Of Age And Pension Discrimination In Employment, Gary Minda

UC Law Journal

In the last decade, "downsizings," or strategic mass layoffs, have swept corporate America. In order to obtain a more desirable short-term costs-to-income ratio for their quarterly reports, corporations large and small have liberally cut their work forces. This trend has dramatically shaken the traditional de facto work relationship contract between employers and long-term employees. Employees can no longer count on stable work relationships with their employers, nor can they be secure in receiving promised pension benefits after many years of work.

None have been more affected by this business strategy than older workers. Corporations tend to "downsize" older employees because …

Identifying The Role Of Social Norms In Mediation: A Multiple Model Approach, Ellen A. Waldman

UC Law Journal

Mediation plays an ever-increasing role in a variety of dispute contexts. Once primarily limited to labor or neighborhood conflicts, the mediation process is currently being used to resolve environmental, personal injury, securities, and bioethics disputes. This movement into new areas has sparked modifications and innovations in traditional mediation practice. In this Article, Professor Waldman argues that changes in mediation practice require a revamping of mediation theory. She argues that mediation encompasses three separate, but related, procedural models that can be distinguished by their divergent treatment of social norms. She terms these models "norm-generating," "norm-educating," and "normadvocating."

In the norm-generating model, …

Plain Meaning, The Tax Code, And Doctrinal Incoherence, Mary L. Heen

UC Law Journal

This Article examines the Supreme Court's interpretive approach in recent tax cases. Although the Supreme Court increasingly has applied a "plain meaning" approach in statutory construction cases, the Court does not consistently follow any one approach to statutory interpretation. Professor Heen argues that the Court's inconsistency leads to doctrinal incoherence, as illustrated by three recent tax decisions in which the Court used different interpretive approaches in construing the same statutory provision. Even if the plain meaning approach were more consistently applied as a decision-making procedure in tax cases, misinterpretations of the tax code would result from the inherent limitations of …

Changing Courts In Changing Times: The Need For A Fresh Look At How Courts Are Run, Judith S. Kaye

UC Law Journal

In this lecture from the Mathew 0. Tobriner Lecture Series at Hastings College of the Law, Chief Judge Judith S. Kaye urges a broader conception of court administration. She presents 'three concrete solutions to today's court administration problem. One is in the area of criminal justice, the second the family courts, and the third the jury system-three areas of court operations that touch large numbers of citizens. She describes these solutions with the hope that the legal and academic communities, as well as the public, will start to evaluate the efficiency of court administration, because the public deserves and demands …

The "Constitutional Revolution" As A Crisis In Adaptivity, G. Edward White

UC Law Journal

The conventional explanation for the emergence of the "constitutional revolution" of the late 1930s, in which a number of doctrinal transformations took place in the constitutional jurisprudence of the Supreme Court, has been related to external events in American political culture such as the abortive "Courtpacking" plan introduced by Franklin Roosevelt in early 1937. According to the conventional explanation, which has retained a presumptive historiographical validity for nearly 50 years, Supreme Court constitutional doctrines changed in response to political pressures on the justices related to the triumph of the New Deal philosophy of governance.

Revisionist work in this decade has …

The Origin Of The Appeal In America, Mary Sarah Bilder

UC Law Journal

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture.

Professor Bilder's Article draws on recent work in cultural history to …

What Is A Property-Related Fee?: An Interpretation Of California's Proposition 218, John S. Throckmorton

UC Law Journal

In 1996, the voters of California passed Proposition 218, the most recent in a series of initiatives, beginning with Proposition 13 in 1978, aimed at curtailing taxation by local governments. Like its predecessors, Proposition 218 contains ambiguous language and will likely be the subject of future litigation. This Note argues for an interpretation of Proposition 218 consistent with the intent behind the initiative to provide relief to California taxpayers.

In this Note, the author provides an overview of the history of taxpayer initiatives in California and the context out of which they arose. He then analyzes the disparate ways in …

To Hire Or Not To Hire: What Silicon Valley Companies Should Know About Hiring Competitors' Employees, Hanna Bui-Eve

UC Law Journal

The Silicon Valley is one of the most important moneygenerating regions of America. Its phenomenal success is the result of a unique regional network-based industrial system which operates as a kind of meta-organization. Engineers move frequently between firms and projects, taking the knowledge, skills, and experience acquired at previous jobs and using them as building blocks in their new jobs. California courts have contributed to Silicon Valley's success by allowing workers easy mobility among jobs and by restricting employers' attempts to restrain employees from relocating. As a result, most employers have come to accept a high turnover rate as a …