Digital Commons Network^™

Free Speech And Public Schools In A Post-Columbine World: Check Your Speech Rights At The Schoolhouse Metal Detector, Clay Calvert

Denver Law Review

No abstract provided.

Student-On-Student Sexual Harassment: A Case Comment On The Supreme Court's Decision In Davis V. Monroe County Board Of Education, Carie Manke

Denver Law Review

No abstract provided.

Rights And Responsibilities Of Excess Insurers, Douglas R. Richmond

Denver Law Review

No abstract provided.

Vol. 78, No. 1: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Disparate Treatment Employment Discrimination, James N. Phillips

Denver Law Review

No abstract provided.

Intellectual Property Survey, Kara L. Rossetti

Denver Law Review

No abstract provided.

Student-On-Student Sexual Harassment: 10th Circuit Developments In The Civl Liability Of School Districts And School Officials, Amy E. Richards

Denver Law Review

No abstract provided.

Illinois V. Wardlow: The Supreme Court Dodges The Race Bullet In Fourth Amendment Terry Stops, Jonathan Bender

Denver Law Review

No abstract provided.

Vol. 78, No. 2: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler

San Diego Law Review

The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from the courts than do the consumers of products or medical services.

Has Affirmative Action Been Negated? A Closer Look At Public Employment, H Lee Sarokin, Jane K. Babin, Allison H. Goddard

San Diego Law Review

First, this Article argues that affirmative action is right and necessary in certain circumstances. Second, it examines whether affirmative action has survived under current case law. Part II.A reviews the Supreme Court decisions that define the test of strict scrutiny in the public employment context. Part II.B discusses the current focus of the Court's debate on affirmative action. Part III looks at how strict scrutiny analysis and the Supreme Court's precedents are being applied by the lower federal courts. Part IV concludes that more guidance is needed from the Supreme Court on the first prong of the strict scrutiny analysis …

The Brandeis Legacy, Mary Murphy Schroeder

San Diego Law Review

Louis Brandeis was the greatest lawyer of the early twentieth century, and perhaps of the entire century. He was brilliant, driven, charismatic, and absolutely devoted to improving the lives of the common people of the United States. Put in more contemporary terms, he was committed to the notion that technological and economic advances should not widen the gap between the haves and the have-nots. His causes were the environment, citizenship, freedom of expression, quality of life in the workplace, protection against increasing power wielded by large corporations, and protection of individual privacy. All were issues that emerged at the beginning …

Theories Of Areas Of Law, Michael Moore

San Diego Law Review

The topic of this symposium is "theories and the law." Since this is such an enormously broad topic, the first thing to do is to narrow it a bit. As I shall discuss it, the topic is not on the central topic of jurisprudence, which is the theory of law. My topic is theories within our law, rather than theories about the nature of law in general. Often we call such theorizing internal to the law we have, "internal jurisprudence," to be contrasted with an "external jurisprudence" that is about law as such. Within internal jurisprudence, there is still considerable …

Addressing Inequities In The Collection Of Social Security Taxes For U.S. Citizens Working Abroad

San Diego Law Review

Social Security and Medicare taxes are imposed on employee wages and self-employment earnings prior to retirement. One half of the tax is. paid by the employer and one half by the employee, with the employer's portion being paid out of the general funds of the business and the

employee's portion being subtracted from her wages. With a self- employed individual, the outcome changes. The totality of the tax

remains the same; however, the self-employed individual assumes responsibility for both halves of the Social Security and Medicare taxes!

The same amount of tax is paid, but it is paid completely by …

Addiction And Causation, Michael Corrado

San Diego Law Review

Is it possible for a compatibilist to capture the notion of a choice that is resistible but very, very hard to resist? And, along the same lines, is it possible for the compatibilist to capture the notion of degrees of responsibility, of greater or lesser moral responsibility? Of course, duress may lessen responsibility, and in general the aversiveness of the alternatives facing an agent may lessen her responsibility for an action: The more aversive the alternatives, the less responsible the agent-or at least the less inclined we are to punish the agent. That way of ranking responsibility is clearly intelligible …

Cultivating The Genetic Commons: Imperfect Patent Protection And The Network Model Of Innovation, Jonathan M. Barnett

San Diego Law Review

This Article enters this debate and argues the following position. Assuming that antitrust authorities persist in certain strategies to impede patent consolidation, the recent introduction of patent rights for certain biotechnological innovations is likely to encourage private investment in the genetic commons and reduce (or, at least, not enhance) the accessibility costs that could stunt technological advance. To reach this conclusion, this Article shows that the two leading theories of patent protection, the "incentive" theory7 and the "prospect" theory,8 do not explain private industry's willingness to sink significant investment capital into highly uncertain biopharmaceutical projects. These theories offer insufficient explanations …

A Primer On The Civil Trial Of A Sexually Violent Predator, Joan Comparet Cassani

San Diego Law Review

Involuntary commitment' for sexually violent predators became the law in California in 1996. This law, the Sexually Violent Predator Act, provides for a civil jury trial.! This trial is unique, since some of the procedural protections afforded a criminal defendant apply. For example, a unanimous jury must find, beyond a reasonable doubt, that the individual is a sexually violent predator.

The Act provides for the treatment of the individual if committed, and carefully crafts the procedures for the mental health evaluation and review process. Unfortunately, the part of the statute that provides for the civil trial is not as tightly …

A Guide To Challenging Option Repricing, Amanda K. Esquibel

San Diego Law Review

For many years, companies have used stock option plans to attract and keep quality employees and to align employees' interests with those of shareholders.' Stock options give company employees the right to buy a certain number of shares of stock from the company at a predetermined exercise price for a limited period of time. The exercise price is usually at or above the market price of the company's stock at the time the option is issued.

Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders

San Diego Law Review

In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …

Development Of The Random Amplified Polymorphic Dna (Rapd) Technique To Measure The Effects Of Genotoxinsin Aquatic Organisms, Franck Andre Atienzar

School of Biological and Marine Sciences Theses

Studies were undertaken to evaluate the potential of random amplified polymorphic DNA (RAPD) to detect DNA effects (including DNA damage and mutations) in aquatic invertebrates, following their exposure to a variety of environmental contaminants under laboratory conditions. After rigorous optimisation of the RAPD method, the protocol, which used a high annealing temperature (50"C for 10-mer primers), was found to generate good-quality DNA profiles from groups of organisms belonging to the bacterial, plant and animal kingdoms. The RAPD method was initially used to detect benzo(a)pyrene [B(a)P] and copper-induced DNA effects in the water flea Daphnia magna and ultraviolet-mediated DNA effects in …

A Critical Evaluation Of The Development And Implementation Of Forest Preservation Services, Ryan K. Mckain

Connecticut Journal of International Law

For many years, nations have struggled with loss of the Earth's natural resources. Once thought inexhaustible, animal life, plant life and minerals were exploited as fast as possible. Often viewed as a "race-to- ,,2 the-bottom, nations compete with each other to extract as much of a valuable resource as possible from the planet before the resource vanishes. The prevailing view has not been "use it or lose it" but rather "use it until it's lost." Now our vast resources are being visibly depleted - we can see the bottom of what was historically thought to be a bottomless pit. Recently, …

The Eagle, The Turtle, The Shrimp, And The Wto: Implications For The Future Of Environmental Trade Measures, Jennifer A. Bernazani

Connecticut Journal of International Law

In addition to being a versatile ingredient, shrimp have become the main course in an international trade debate. The controversy over the pint-sized crustaceans stems from Section 609 of Public Law 101-162, a United States measure which utilizes a shrimp embargo as a means of obtaining compliance with a program to decrease incidental capture of endangered sea turtles. While the measure's ultimate objective of protecting turtles has been praised, its compliance mechanisms have drawn harsh criticism from those seeking to promote multilateral agreements and from foreign nations seeking to export to the United States. But perhaps the most crushing criticism …

The White Rose: Judges And Justice In The Third Reich, Matthew Lippman

Connecticut Journal of International Law

In recent years there has been an increased interest in the Holocaust.' One concern has been to explain the willingness of ordinary Germans2 and highly educated medical professionals' to conform to the draconian dictates of the Third Reich.4 This scholarly effort largely has ignored the complicity of lawyers and judges in the Nazi's depredations.5 The lack of academic concern may be based on the belief that the Reich was a "lawless" regime in which legal professionals performed a limited role. Most studies accordingly have centered on the extra-judicial and summary exterminations carried out by the Nazi government. 6 However, the …

Coming To America: International Students Face A Labyrinth Of Income Tax Issues, Ernest R. Larkins

Connecticut Journal of International Law

In coming to America, international students provide many benefits to the U.S. educational system. They boost lagging enrollments and bring cultural diversity to American classrooms. When they return to their home countries, international students often take with them a greater appreciation for American culture, traditions, and values. Many times, they act as goodwill ambassadors for the United States. The United States issued 427,000 nonimmigrant visas to academic and vocational students in 1996, an increase of 66 percent over similar visas issued in 1985.' In descending order, Japan, Korea, China, and India accounted for the largest numbers of international students visiting …

The Roles Of Motivation And Ability In Controlling The Consequences Of Stereotype Suppression, Na Wyer, Jw Sherman, Sj Stroessner

School of Psychology

Two experiments investigated the conditions under which previously suppressed stereotypes are applied in impression formation. In Experiment 1, the extent to which a previously suppressed racial stereotype influenced subsequent impressions depended on the race of the target who was subsequently encountered. Whereas impressions of race-unspecified targets were assimilated to the stereotype following its suppression, no such effects were observed when the target belonged to the racial group whose stereotype had been initially suppressed. These results demonstrate that when perceivers are motivated to avoid stereotyping individuals, the influence of a stereotype that has been previously activated through suppression is minimized. Experiment …

Qualitative Analysis Of Indigo Precursors From Woad By Hplc And Hplc‐Ms, Kg Gilbert (Nee Stoker), Dj Hill, C Crespo, A Mas, Et Al

Peninsula Medical School

A qualitative method has been devised to analyse the indigo precursors in leaf extracts of woad (Isatis spp.) using HPLC coupled to an evaporative light scattering detector and confirmed using HPLC coupled, on line, to a particle beam mass spectrometer. Using this technique, indican has been positively identified in shoot extracts of European (I. tinctoria) and Chinese (I. indigotica) woad. Greater amounts of indican were found in the Chinese compared with the European woad. Copyright © 2000 John Wiley & Sons, Ltd.

Limaria Hians (Mollusca: Limacea): A Neglected Reef-Forming Keystone Species, J. M. Hall-Spencer, P. G. Moore

School of Biological and Marine Sciences

1. The case is made for recognition of the marine bivalve Limaria hians as a reef-forming species, which plays a key architectural role in certain benthic communities around the United Kingdom and Ireland. 2. This species uses byssal threads to construct nests that can coalesce to form reefs that cover hectares of seabed, contain multiple conspecifies and bind sediment. In so doing, L. hians modifies physical, chemical and biological processes at the sediment-water interface. 3. Such nests support a high diversity of associated organisms in coarse-grade sediments (19 species of algae and 265 species of invertebrates from six discrete nests …

Scallop Dredging Has Profound, Long-Term Impacts On Maerl Habitats, J. M. Hall-Spencer, P. G. Moore

School of Biological and Marine Sciences

No abstract provided.

Asymmetries Of Brain Function In Alcoholism: Relationship To Aging, M Oscar Berman, He Schendan

School of Psychology

No abstract provided.

Why Does A Conservative Court Rule In Favor Of Liberal Government? The Cohen-Spitzer Analysis And The Constitutional Scheme, Daniel Gifford

Articles

No abstract provided.