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Articles 13501 - 13530 of 16676
Full-Text Articles in Entire DC Network
My Father Is A Woman, Oh No: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interest Of The Child, Helen Y. Chang
Santa Clara Law Review
No abstract provided.
Liability For The Threat Of A Sale: Assessing Patent Infringement For Offering To Sell An Invention And Implications For The On-Sale Patent Ability Bar And Other Forms Of Infringement, Timothy R. Holbrook
Liability For The Threat Of A Sale: Assessing Patent Infringement For Offering To Sell An Invention And Implications For The On-Sale Patent Ability Bar And Other Forms Of Infringement, Timothy R. Holbrook
Santa Clara Law Review
No abstract provided.
Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson
Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson
Santa Clara Law Review
No abstract provided.
Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv
Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv
Santa Clara High Technology Law Journal
No abstract provided.
Can Fingerprints Lie?: Re-Weighing Fingerprint Evidence In Criminal Jury Trials, Tamara F. Lawson
Can Fingerprints Lie?: Re-Weighing Fingerprint Evidence In Criminal Jury Trials, Tamara F. Lawson
Articles
This article discusses fingerprint evidence and its use in criminal jury trials. It is commonly thought that fingerprints "never lie"; however, this article reveals the little known fact that the "science" of fingerprint identification has never been empirically tested or proven to be reliable. It further exposes the seldom-discussed issue of fingerprint misidentification and latent print examiner error. The article explains the importance of fingerprint evidence and its extensive use in all phases of the criminal justice system. Specifically, the article plays out the dramatic courtroom scenario of incriminating fingerprints being found at a crime scene and matching the accused …
Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald
Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald
Faculty Articles
Historically, non-lawyer patrons in law libraries have been viewed with discomfort, and library services, even in libraries open to the public, have been geared toward members of the legal community. However, changes in both the needs of the public and in the demographics of library patrons are challenging the traditional allocation of services in public law libraries. This article discusses the reasons for the traditional allocation of services, the cultural and economic forces that are bringing the public to law libraries in greater numbers, and new modes of service that can better meet the needs of public patrons.
The People's Court Examined: A Legal And Empirical Analysis Of The Small Claims Court System, Bruce Zucker, Monica Her
The People's Court Examined: A Legal And Empirical Analysis Of The Small Claims Court System, Bruce Zucker, Monica Her
University of San Francisco Law Review
ONE OF THE most fascinating aspects of the legal system involves the small claims court process. Often referred to as the "People's Court,"' it is a part of the court that comes most directly into contact with the citizenry of a jurisdiction. "Some cases are bizarre, most are interesting, and all are serious to the parties." 2 Provided that the dollar amount is less than or equal to the jurisdictional limit,3 almost any type of civil action can come to small claims court,4 irrespective of the complexity of the case
Expert Testimony And The Opinion Rule: Conforming The Evidence Code To The Federal Rules, Miguel A. Mendez
Expert Testimony And The Opinion Rule: Conforming The Evidence Code To The Federal Rules, Miguel A. Mendez
University of San Francisco Law Review
No abstract provided.
The Intricacies Of Commercial Arbitration In The United States And Brazil: A Comparison Of Two National Arbitration Statutes, Matthew Heaphy
The Intricacies Of Commercial Arbitration In The United States And Brazil: A Comparison Of Two National Arbitration Statutes, Matthew Heaphy
University of San Francisco Law Review
AS TRADE WITHIN the Western Hemisphere proliferates, transnational trade partners increasingly rely on arbitration as a means of dispute resolution in lieu of litigation. Brazil, the largest economy in Latin America, has historically been slow to adopt arbitration due to a lack of enforcement of arbitration agreements by the courts beyond the remedy of contractual damages and the requirement of judicial ratification of arbitral awards. The perception of Brazil's cautious approach to arbitration changed with the passage of Law No. 9.307 of 26 September 1996 ("Law No. 9.307"), bringing it closer in line with the pro-arbitration United States Federal Arbitration …
Be Prepared: Unsuspecting Employers Are Vulnerable For Title Vii Sexual Harassment Environment Claims, Jeffrey S. Lyons
Be Prepared: Unsuspecting Employers Are Vulnerable For Title Vii Sexual Harassment Environment Claims, Jeffrey S. Lyons
University of San Francisco Law Review
CONGRESS ENACTED TITLE VII of the Civil Rights Act of 19641 ("Tide VII") to protect employees from discrimination in the workplace. 2 Over the past three decades, however, Title VII hostile work environment actions have expanded potential liability for employers to the point that the employers must take preventive measures or be susceptible to unexpected Title VII suits. An unprepared employer could be caught off guard in situations where, over the course of an employee's tenure, the employee endures occasional pranks, or is exposed to occasional sexual epithets, or coarse or vulgar language. While each of these situations clearly exposes …
Musical Sound Recordings As Works Made For Hire: Money For Nothing And Tracks For Free, Scott T. Okamoto
Musical Sound Recordings As Works Made For Hire: Money For Nothing And Tracks For Free, Scott T. Okamoto
University of San Francisco Law Review
While the entire Copyright Clause has been the subject of extensive academic and judicial dissection, two phrases in particular are relevant to this discussion. "Author" means not only the narrow definition of a writer, "but rather [has] reach necessary to reflect the broad scope of constitutional principles." "[T]he term, in its constitutional sense, has been construed to mean an 'originator," 'he to whom anything owes its origin."' Thus, under this broad construction, an "Author" means anybody who creates an original work; that is, produces something "of one's own independent efforts".
The Rise And Spread Of Mandatory Arbitration As A Substitute For The Jury Trial, Jean R. Sternlight
The Rise And Spread Of Mandatory Arbitration As A Substitute For The Jury Trial, Jean R. Sternlight
University of San Francisco Law Review
THE CVILJURY trial is fast disappearing from our legal landscape, and one important reason for its disappearance is the rapid growth of mandatory arbitration. However, with few exceptions, lawyers, courts, and commentators have failed to adequately consider constitutional rights to a jury trial in determining the validity of arbitration clauses.
Contractual Arbitration, Mandatory Arbitration, And State Constitutional Jury-Trial Rights, Stephen J. Ware
Contractual Arbitration, Mandatory Arbitration, And State Constitutional Jury-Trial Rights, Stephen J. Ware
University of San Francisco Law Review
PROFESSOR JEAN STERNLIGHT believes that courts should be more reluctant to enforce arbitration agreements than they are to enforce contracts generally. In other words, she believes that contract law's standards of consent are not as high as the standards of consent that should be applied to arbitration agreements. This belief puts her at odds with the Federal Arbitration Act ("FAA"), which requires courts to enforce arbitration agreements "save upon such grounds as exist at law or in equity for the revocation of any contract," and with the Supreme Court, which continues to recognize that the FAA places arbitration agreements "upon …
Understanding Remedy-Stripping Arbitration Clauses: Validity, Arbitrability, And Preclusion Principles, David S. Schwartz
Understanding Remedy-Stripping Arbitration Clauses: Validity, Arbitrability, And Preclusion Principles, David S. Schwartz
University of San Francisco Law Review
IN STIRLEN V SUPERCUTS,1 defendant Supercuts moved to compel arbitration of plaintiff Stirlen's state statutory and common law claims pursuant to an arbitration clause that made very clear its intent to deprive Stirlen of most of his remedies.
Presumptions And Burden Of Proof: Conforming The California Evidence Code To The Federal Rules Of Evidence, Miguel A. Mendez
Presumptions And Burden Of Proof: Conforming The California Evidence Code To The Federal Rules Of Evidence, Miguel A. Mendez
University of San Francisco Law Review
No abstract provided.
Should Attorneys Be Footsoldiers In The War On Corporate Fraud?, Douglas Michael Mcmanamon
Should Attorneys Be Footsoldiers In The War On Corporate Fraud?, Douglas Michael Mcmanamon
University of San Francisco Law Review
A SLOW BUT steady march out of recession in the early 1990s set the stage for what would become one of the greatest explosions in growth of the capital markets. It was an unprecedented combination of excess venture capital, coupled with the new and seemingly limitless potential of developing computer technologies, particularly the internet, which created the now infamous "dot-corn" boom that culminated in early 2000. From 1995 to the beginning of 2000, the DowJones Industrial Average' ("DJIA") went from a value under 4000 to nearly 12,000,2 representing an almost 300 percent increase.
2003 - Appropriations 2.4, Office Of Representative Luis V. Gutiérrez
2003 - Appropriations 2.4, Office Of Representative Luis V. Gutiérrez
By year (2001-2019)
This series consists of appropriations supported by the Office of Representative Luis V. Gutiérrez. Appropriations included: Trauma Care Systems Planning and Development Act (P.L. 101-590), Department of Defense (DOD) Peer-Reviewed Breast Cancer Research Program (BCRP), prostate cancer research, Children's Health Insurance Program (CHIP), Access Community Health Network's (ACCESS) Reducing Health Disparities in Chronic Disease, National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS), Trauma Care Systems Planning and Development Act, federal cancer research, prevention and control programs, Impact Aid Program, AIDS prevention, care and research, children's hospitals graduate medical education (CHGME), Minority AIDS Initiative, Centers for Disease Control and …
Insights- March 2003, Erika Malek
Insights- September 2003, Erika Malek
Bgsu Football Media Guide 2003, Bowling Green State University. Department Of Athletics
Bgsu Football Media Guide 2003, Bowling Green State University. Department Of Athletics
Football Media Guides
Media guide for Bowling Green State University's 2003-2004 football season.
Helping Working Families: The Earned Income Tax Credit, Saul D. Hoffman, Laurence S. Seidman
Helping Working Families: The Earned Income Tax Credit, Saul D. Hoffman, Laurence S. Seidman
Upjohn Press
Hoffman and Seidman offer a thorough assessment of the EITC in which they analyze, evaluate, summarize, and critique the state of the program. They find that, overall, the EITC works well, and that it has earned its political popularity. Yet they also uncover several problem areas that they address with specific recommendations based on their analysis.
The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor
The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor
Upjohn Press
The book begins with a documentation of the employment rate decline and ends by spelling out the implications of this decline for public policy. However, the bulk of the book provides a detailed examination of the various explanations for the puzzling decline in employment among the working-aged population with disabilities.
Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger
Legal Considerations For Sponsorship Contracts Of Olympic Athletes, Leigh Augustine-Schlossinger
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Affairs Of The Heart, Michael T. Flannery
Affairs Of The Heart, Michael T. Flannery
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Increasing Presidential Accountability In Big-Time Intercollegiate Athletics, Rodney K. Smith
Increasing Presidential Accountability In Big-Time Intercollegiate Athletics, Rodney K. Smith
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney
Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney
Articles
No abstract provided.
Anastasoff Versus Hart: The Constitutionality And Wisdom Of Denying Precedental Authority To Circuit Court Decisions, Michael B.W. Sinclair
Anastasoff Versus Hart: The Constitutionality And Wisdom Of Denying Precedental Authority To Circuit Court Decisions, Michael B.W. Sinclair
Articles & Chapters
No abstract provided.
Columns Winter 2003, Southern Adventist University
Columns Winter 2003, Southern Adventist University
Alumni Newsletter
Features the article "No Better Friend". Chick Reming served as Southern's business manager for 30 years. He is credited as being the visionary force behind much of the development of the campus.
Preserving Safety And Freedom Post 9-11 Address, Nadine Strossen
Preserving Safety And Freedom Post 9-11 Address, Nadine Strossen
Articles & Chapters
No abstract provided.
Children's Environmental Health - International Actions And Implications, Rebecca Kokish
Children's Environmental Health - International Actions And Implications, Rebecca Kokish
Colorado Environmental Law Journal
No abstract provided.