Digital Commons Network^™

Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg

UC Law Journal

No abstract provided.

Privacy Property, Information Costs, And The Anticommons, Edward J. Janger

UC Law Journal

No abstract provided.

State Wiretaps And Electronic Surveillance After September 11, Charles H. Kennedy, Peter P. Swire

UC Law Journal

No abstract provided.

Identity Theft, Privacy, And The Architecture Of Vulnerability, Daniel J. Solove

UC Law Journal

No abstract provided.

Did Privacy Cause Identity Theft?, Lynn M. Lopucki

UC Law Journal

No abstract provided.

Expectation Damages And The Theory Of Overreliance, Melvin A. Eisenberg, Brett H. Mcdonnell

UC Law Journal

The basic remedy for breach of a bargain contract is expectation damages, which puts the injured party in the position she would have been in if the contract had been performed. It is generally accepted that the expectation measure provides efficient incentives to a promisor. Beginning about twenty years ago, however, lawand- economics scholars developed a model of damages which showed that the expectation measure can provide inefficient incentives to a promisee. The theory is that the expectation measure insures the promisee's reliance, and may thereby cause the promisee to overrely-that is, to invest more heavily in reliance than efficiency …

The Price Of Macroeconomic Imprecision: How Should The Law Measure Inflation?, Jim Chen

UC Law Journal

Because no economy is forever free from price change, a legal system that seeks to maintain its vitality across the full range of macroeconomic conditions must adopt a proper measure of inflation. In areas such as taxation, economic regulation, and private contracting, the law's response to inflation constitutes a policymaking opportunity in its own right. In campaign finance and judicial compensation, the legal treatment of inflation may have constitutional consequences.

In spite of inflation's profound ramifications for the law, federal law has taken a seemingly haphzard approach toward its measurement. Federal statutes specifying one price index strongly favor the Bureau …

Consent Forms As Part Of The Informed Consent Process: Moving Away From "Medical Miranda", Victor Ali

UC Law Journal

This Note examines the current ills of the law of informed consent and seeks to address these problems by calling for change on two levels. From a theoretical perspective, informed consent can be improved through closer adherence to a collaborative, autonomyenhancing model of medical decision-making, rather than the current harm-avoidance approach. On a practical level, this Note advocates for changes to the manner in which consent forms are used. Specifically, consent forms should be used as tools to increase patients' understanding of and participation in medical decisions, in contrast to the commonly held view of such forms as waivers of …

Marital Immunity, Intimate Relationships, And Improper Inferences: A New Law On Sexual Offenses By Intimates, Michelle J. Anderson

UC Law Journal

Today, to one degree or another, marital immunity for sexual offenses persists in over half the states. Underlying the marital rape immunity has been the assumption that when a woman enters into a marriage, she gives her ongoing consent to sexual intercourse. This Article argues that states must abolish this immunity to make the law formally neutral on the marital status of the parties. However, as this Article argues, such formal neutrality is insufficient. The ideology of ongoing consent underlying the marital rape immunity has infected the way the legal system treats sexual offenses among intimates who are not married. …

Playing Ostrich With The Faa's History: The Scope Of Mandatory Arbitration Of Employment Contracts, Claire Kennedy-Wilkins

UC Law Journal

Section 1 of the Federal Arbitration Act ("FAA") states that "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any class of workers engaged in foreign or interstate commerce." The Court has interpreted this section very narrowly so that it only applies to seamen, railroad, and other transportation employees. This Note examines the historical context in which the FAA emerged and argues that the Court has ignored the original intent of the Section 1 exception. The note examines the meaning of the term "engaged in commerce" at the time the FAA was enacted, the legislative …

The Dubious Concept Of Jurisdiction, Evan Tsen Lee

UC Law Journal

The conventional wisdom about jurisdiction is that it equals power and is conceptually distinct from the merits. In this Article, Professor Lee challenges both those notions. Jurisdiction is more akin to legitimate authority than to power, and, as such, cannot be conceptually distinguished from the merits, which also ultimately pertain to legitimate authority. Professor Lee argues that courts should therefore abstain from the metaphysics of jurisdiction-they should always ask whether, all things considered, they should rule as a plaintiff asks, not whether they are capable of so ruling.

Homicide On Holiday: Prosecutorial Discretion, Popular Culture, And The Boundaries Of The Criminal Law, Carolyn B. Ramsey

UC Law Journal

As tort reforms have decreased plaintiffs' opportunities to recover for injuries and deaths arising from popular "extreme" sports, prosecutors have become more willing to bring criminal charges against participants in these inherently dangerous sports. This Article explores the emerging tensions between the popularity of these sports and the prosecutorial decisions resulting in the charging and conviction of "extreme" sport athletes deemed responsible for recreational injuries and fatalities.

Demonstrating the increasing popularity of "extreme" sports and examples of injury and death resulting from them, this Article shows that tort reform and the economic influence of service providers, such as ski areas, …

Golden Gateway And The Search Of A Fairer Application Of California's Constitutional Right To Free Expression, Eileen K. Chauvet

UC Law Journal

Over twenty years after its landmark decision in Robins v. Pruneyard Shopping Center, the California Supreme Court revisited the issue of constitutionally protected speech on private property. The resulting plurality opinion in Golden Gateway Center, Inc. v. Golden Gateway Tenants Ass'n clarified that free expression on private property may be protected by the state constitution only when that private property is freely open to the public. While the case showed a strong desire by members of the court to return to free speech jurisprudence more in line with the First Amendmentrequiring state action before a constitutional claim could be madethere …

Binding Interest Arbitration In The Public Sector: A "New" Proposal For California And Beyond, Brian J. Malloy

UC Law Journal

For over thirty-five years, binding interest arbitration legislation has been enacted in many states and localities as a way to avoid debilitating labor problems with essential public employees, particularly police and firefighters. A recurring issue has been whether these statutes unconstitutionally delegate legislative policy- making authority to a private third party, thereby violating the non-delegation doctrines in many state constitutions. A sizeable majority of courts have upheld these statutes against nondelegation doctrine challenges. In April 2003, however, the California Supreme Court invalidated California's binding interest arbitration statutory system. The court, importantly, did not base its decision on typical non-delegation grounds. …

A Proposed Right Of Conscience For Government Attorneys, Ralph Nader, Alan Hirsch

UC Law Journal

Government lawyers may be discharged for failing to carry out an assignment that violates their conscience or their conception of the Constitution. This is regrettable, especially given the special role of the government lawyer as an officer of the court committed to the public interest. Drawing on a wide range of analogies involving lawyers and non-lawyers, public and private employees, and citizens outside of the workplace, the authors argue that recognizing a right to conscience for government lawyers would in no way compromise the effective functioning of the government. They propose specific statutory language, as well as a canon of …

Slaughter-House Five: Views Of The Case, David S. Bogen

UC Law Journal

This Article discusses five views of the Slaughter-House Cases: (I) that Justice Miller was deliberately ambiguous about whether the Bill of Rights is incorporated against the states by the privileges and immunities clause of the Fourteenth Amendment; (2) that Justice Miller rejected incorporation through the privileges and immunities clause; (3) that he adopted incorporation of the Bill of Rights in the Slaughter-House Cases; (4) that the Slaughter- House Cases should be reexamined and overturned by the modern court; and (5) that the Slaughter-House Cases should remain the way in which the privileges or immunities clause of the Fourteenth Amendment is …

The Definition Of "Serious Health Condition" Under The Family Medical Leave Act, Jessica Beckett-Mcwalter

UC Law Journal

This Note examines the definition of "serious health condition" under the Family Medical Leave Act ("FMLA"). The FMLA allows an employee to take time off from work if she suffers from a "serious health condition" or needs to care for a family member with a "serious health condition." The Department of Labor regulations provide that a "serious health condition" requires inpatient care or continuous treatment. Many courts have interpreted the Department of Labor regulations as setting up a bright-line test for determining whether an illness constitutes a "serious health condition" under the FMLA. This Note argues that the Department of …

Taking Cover: Fifth Amendment Takings Jurisprudence As A Tool For Resolving Water Disputes In The American West, Jeffrey A. Wilcox

UC Law Journal

The Supreme Court's Fifth Amendment takings jurisprudence over the last half-century, through its notorious inconsistency, has provided relatively unreliable precedent for those seeking clearly to delineate the parameters of appropriate government intrusion upon private property rights. Although the Court has outlined a few categories where a per se taking has occurred, these categories cover but a small portion of takings challenges, thus leaving a broad swath of ambiguity for parties that might otherwise implement these decisions to vindicate their rights.

At present, litigants on both sides of a water dispute in the arid American West seek refuge in these scattered …

Wavelet-Based Multi-Carrier Code Division Multiple Access Systems, Ali Muayyadi

School of Engineering, Computing and Mathematics Theses

This thesis proposes a wavelet-based multicarrier CDMA system that uses wavelet basis instead of DFT basis to deal with the problem of inter-channel interference (ICI) and spectral bandwidth efficiency. The theoretical analysis shows that the proposed system has lower side lobe components and higher bandwidth efficiency. The simulation further shows that the wavelet-based multi-carrier CDMA system gives lower ICI and better BER performance than that using DFT basis under multipath fading channel. Moreover the proposed system is more robust against narrow band interference signal. This thesis exploits the wavelet correlation properties to perform timing synchronisation in multicarrier CDMA systems. This …

Farm-Level Pesticide Use In Bangladesh: Determinants And Awareness, S Rahman

School of Geography, Earth and Environmental Sciences

Farmers' awareness of beneficial and harmful effects of pesticides and factors determining use of pesticides were analyzed using survey data from 21 villages in three agro-ecological regions of Bangladesh. Pesticide cost accounts for about 7.7% of the gross value of output in cotton, 3.6% in vegetables, 2.5% in potato, 1.8% in modern rice, 1.6% in spices and less than 1% in other cereal and non-cereal crops. About 77% of farmers (highest 94% in Comilla) used pesticides at least once (37% applied once and 31% applied twice, and the rest applied for 3-5 times) in a crop season. Cultivation of traditional …

Parenting Skills And Social-Communicative Competence In Childhood, Craig H. Hart, Lloyd D. Newell, Susanne Frost Olsen

Faculty Publications

The ways that children implement social and communication skills in peer-group interaction provide the foundation for successful later life adjustment (Rubin, Bukowski, & Parker, 1998). Research findings suggest that a host of variables are involved (Hart, Olsen, Robinson, & Mandleco, 1997). These include family processes involving marital and sibling relationships, parenting (e.g., Dunn, 2002; Hart, Nelson, et al., 2000; Stafford & Bayer, 1993), biologically based genetic and temperament factors (e.g., Pike, 2002; Plomin & Rutter, 1998; Sanson, Hemphill, & Smart, 2002), and extrafamilial influences, including the peer group, schools, media, and culture (e.g., Hart, Yang, Nelson, Jin, & Nelson, 1998; …

2003-2004 Admissions Catalog, New York Law School

NYLS Bulletins and Catalogs

No abstract provided.