Digital Commons Network^™

Lessons From Conflict: The Role Of A Strong Judiciary And The International Community In Protecting Human Rights For Successful Humanitarian Aid, Scot W. Greenwood

Denver Journal of International Law & Policy

No abstract provided.

The Recent International Efforts To End Commercial Sexual Exploitation Of Children, Karene Jullien

Denver Journal of International Law & Policy

No abstract provided.

The Effectiveness Of Audiovisual Regulation Inside The European Union: The Television Without Frontiers Directive And Cultural Protectionism, Joe Middleton

Denver Journal of International Law & Policy

No abstract provided.

National Security Law In The Post-9-11 World: A Survey Of Recent Legal Materials, John D. Becker

Denver Journal of International Law & Policy

No abstract provided.

Vol. 31, No. 4: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

For The Sake Of Your Health: Erisa's Preemption Provisions, Hmo Accountability, And Consumer Access To State Law Remedies, Elaine Gareri Kenney

University of San Francisco Law Review

ERISA was enacted in 1974 as a response to fraud and abuse that occurred in employee pension funds. At the time, it was hailed as a much-needed reform of the entire employee pension fund system. Although most of ERISA's provisions govern the administration of employer-offered pension funds, it also regulates non-pension employee benefits such as disability and health insurance plans. As a result, those seventy-three million Americans, like the Corcorans, who obtain health care through an employer-offered benefit plan contracted through an outside provider are subject to these provisions. In the area of health care, ERISA's promise of protection has …

The Role Of Judge And Jury: Conforming The Evidence Code To The Federal Rules, Miguel A. Mendez

University of San Francisco Law Review

THE CALIFORNIA EVIDENCE Code ("Code") and the Federal Rules of Evidence ("Rules") have much in common in defining the respective roles of judges and jurors. Their differences, while significant in some instances, are few in number.

Proving Discrimination After Croson And Adarand: "If It Walks Like A Duck", Derek M. Alphran

University of San Francisco Law Review

Following the Supreme Court's decision in Croson, "state and local governments have scaled back or eliminated altogether affirmative action programs that had been adopted precisely to overcome discriminatory barriers" to minority participation. 7 Although many jurisdictions re-enancted minority business enterprise ("MBE")" programs after conducting post-Croson disparity studies of discrimination within their jurisdictions, there has been a tidal wave of litigation regarding the issue of government-sponsored MBE programs.

Arbitration: Trial By Other Means Or Settlement By Other Means?, Joshua P. Davis

University of San Francisco Law Review

OVER A CENTURY ago, Oliver Wendell Holmes, Jr. wrote, "The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law." This definition offered a refreshing realism. It directed those who sought the law to turn away from the abstract legal principles found in dusty books and toward the actual decisions of judges in courts.

California Arbitration Reform: The Aftermath, Ruth V. Glick

University of San Francisco Law Review

NOT TOO LONG ago, the only mandatory pre-dispute arbitration clause imposed on consumers was found in documents used to open an account in a securities brokerage firm or in a contract that Kaiser Permanente patients must sign in order to receive medical treatment. Today these imposed arbitration clauses are found everywhere, forcing individuals to forgo a civil lawsuit and pursue any legal action through arbitration. When you buy a house, take a job, open a bank account, receive health care, sign up for telecommunications service, and even purchase season football tickets, you may be required to accept a dispute resolution …

A Practical Guide To Representing Parties In Eeoc Mediations, Robert E. Talbot

University of San Francisco Law Review

AS EVEN THE casual newspaper reader may be aware, the number of employment discrimination lawsuits has exploded in recent years. Indeed, studies show that private employment lawsuits tripled in the 1990s.1 It seems that no employer is immune from charges, whether prison or church or educational institution. In today's workplace, almost everyone-man or woman, gay or straight-in every conceivable employment situation-from hiring to firing to the assignment of office space-is potentially protected by one statute or another

Students’ Writing Backgrounds: A Survey, Susan Wawrose

School of Law Faculty Publications

We now know that many experienced lawyers think newly-minted attorneys “do not write well.”1 Law professors complain that students do not write well when they enter law school. Undergraduate professors say their students do not write well when they enter college. I suspect the complaint continues on down the ladder of K- 12 education. Are students learning to write in college, high school, and elementary school? To shed light on the question, I surveyed students in my legal writing class about their writing experience. I wanted to know what kind of writers I was teaching. Had they been taught fundamental …

Teachers Beware! You May Be Liable Under Proposition 227: California Teachers Association V. State Board Of Education, Jacinto Zavala

University of San Francisco Law Review

The parental enforcement provision of Proposition 227 has caused uncertainty among educators as to how much English they must use to avoid personal liability." To complicate matters, the State Board of Education has refused to define "nearly all" and "overwhelmingly," giving local school districts a great deal of flexibility in defining the terms.

Work In The 21st Century- Creating The Social Architecture, Maria L. Ontiveros

University of San Francisco Law Review

Through the symposium and this issue, several proposals emerged for creating this social architecture. In his article, The Alien Tort Claims Act-A Vital Tool For Preventing Corporations From Violating Fundamental Human Rights, Terry Collingsworth discusses the use of the Alien Tort Claims Act ("ATCA") as an avenue to find a forum, in this case United States courts, to hold corporations accountable for human rights abuses within workplaces.

Gender, Work, And The Nafta Labor Side Agreement, Kate E. Andrias

University of San Francisco Law Review

Women, especially women of color, are the most exploited laborers in the global economy generally, and in North America specifically. Women predominate among maquiladoras in export-processing zones in Mexico and in sweatshops in the United States. Female laborers, such as office cleaners and chambermaids in luxury hotels, support the American institutions of international finance, in today's "global cities."

Two Steps Forward, One Step Back Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss

University of San Francisco Law Review

The U.S.-Jordan agreement, in turn, has provided a model for U.S. trade promotion authority ("TPA") legislation. It links free trade and labor rights as a condition of limiting legislative procedure in consideration of a trade agreement to an up or down "fast-track" vote without possibility of amendment."I Pursuant to the Bipartisan Trade Promotion Authority Act ("BTPAA"), sub regional and regional free trade agreements are under negotiation in addition to the bilateral agreements just mentioned.

Pre-Dispute Arbitration Clauses-Can They All Be Right?, Jay Folberg

University of San Francisco Law Review

CALIFORNIA IS IN the eye of the storm over the enforcement of pre-dispute arbitration clauses in consumer and employment cases. These non-negotiated agreements to arbitrate all future disputes, imbedded in contracts that are offered on a "take it or leave it basis," curtail any meaningful opportunity to pursue a claim in court and limit the right to be part of a class action lawsuit.

The Deeper Challenges Of Global Terrorism: A Democratizing Response, Andrew L. Strauss, Richard A. Falk

School of Law Faculty Publications

The audacious and gruesome terrorist attacks on the World Trade Center and the Pentagon, along with the military response, have been the defining political events of this new millennium. The most profound challenge directed at the international community, and to all of us, is to choose between two alternative visions. What we call the traditional statist response emphasizes 'national security' as the cornerstone of human security. Centralization of domestic authority, secrecy, militarism, nationalism, and an emphasis on unconditional citizen loyalty, to her or his state as the primary organizing feature of international politics are all attributes of this approach.

We …

Exam Writing As Legal Writing: Teaching And Critiquing Law School Examination Discourse, Adam Todd

School of Law Faculty Publications

This article adds to the growing body of scholarship on legal writing and its role in the legal academy. It addresses an area of legal discourse that is of importance to law students, the legal academy and the bar admissions process, yet has been neglected in legal scholarship. The article is a call for legal writing faculty members and other legal writing specialists to become more involved in the process of teaching about and critiquing the discourse involved in traditional end-of-semester doctrinal law school exams. This article suggests how law school legal writing programs, by deliberately teaching about exam writing, …

Indian Gambling In Ohio: What Are The Odds?, Blake Watson

School of Law Faculty Publications

This article describes the options available to Indian groups and recognized Indian tribes to establish off-reservation gaming operations pursuant to the Indian Gaming Regulatory Act.

The Meaning Of Life: Defining "Major Life Activities" Under The Americans With Disabilities Act, Kiren Dosanjh Zucker

Marquette Law Review

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

UC Law Journal of Race and Economic Justice

No abstract provided.

Beyond Reparations: Accommodating Wrongs Or Honoring Resistance, Natsu Taylor Saito

UC Law Journal of Race and Economic Justice

Reparations for historic wrongs, particularly those done to large groups of people on the basis of their racially constructed identity, is a topic of much current debate. Because the harm caused by such injustices can never really be repaired, the question becomes one of what kind of acknowledgement and direct compensation to victims is appropriate and, more fundamentally, whether the institutional structures that perpetuate such wrongs have been changed to ensure that the injuries are not perpetuated or repeated. Applying some lessons learned from redress to Japanese Americans interned during World War I, this essay suggests that movements for reparations …

Officer, Where's My Stuff - The Constitutional Implications Of A De Facto Property Disability For Homeless People, Kevin Bundy

UC Law Journal of Race and Economic Justice

As municipalities across the nation employ increasingly aggressive anti-homeless policies, homeless people are suffering seizure and destruction of their personal belongings without due process or compensation. Courts generally have not proven receptive to homeless people's claims based on loss of personal property, in some instances refusing to recognize that the homeless can exercise any legally protected property interest at all. Homeless existence itself-a lack of private, defensible space in which to perform basic life functions and secure ownership over personal belongings-leaves homeless people with no legally sanctioned place in which to dwell, and exposes them to arbitrary deprivations of whatever …

Refugee Policy And Cultural Identity: In The Voice Of Hmong And Iu Mien Young Adults, Bill Ong Hing

UC Law Journal of Race and Economic Justice

U.S. refugee admission and resettlement policies have helped to shape the cultural identities of refugees in America in unanticipated ways. In this article, the author examines the effects of these policies on the young adult members of two small Laotian refugee groups-the Hmong and the Iu Mien. After reviewing the ad hoc admission and resettlement programs of the federal government, the author reviews a collection of interviews of young college students and discovers a range of attitudes on identity, mainstream culture, religion, and the desire to maintain ethnic culture. The cultural identity being developed by Ju Mien and Hmong young …

Oral Peptide And Protein Drug Delivery(การนำส่งเปปไทด์และโปรตีนโดยการรับประทาน), Wiwat Pichayakom, Chirasak Kusonwiriyawong, Gampimol C. Ritthidej

The Thai Journal of Pharmaceutical Sciences

Recent advances in biotechnology and biochemistry have profoundly led to the discovery of numerous biologically active peptides and proteins. Their therapeutic applications have also been extensively investigated. Oral administration has major advantages...

The Mutagenicity Of Nitrite Treated Extracts From Some Edible Fried Insects, Using Ames Test(ฤทธิ์ก่อกลายพันธุ์ของสารสกัดจากแมลงทอดที่รับประทานได้..., Linna Tongyonk, Kaew Kangsadalampai, Rujirek Chanavirat

The Thai Journal of Pharmaceutical Sciences

The extracts from true water beetle, short tailed cricket, silk worm pupae, house cricket, longhorned grasshopper, scarab beetle, bombay locust, red ant, giant water bug, and mole cricket did not have mutagenicity when they were tested by using Salmonell...

A Typological Approach To Passive In Thai, Amara Prasithrathsint

Manusya, Journal of Humanities

Based on the generalization and classification of passives in the world's languages put forward by Givόn (1979), Siewierska (1984), and Keenan (1990) this study recapitulates the universal types of passive. Twenty types of passive are proposed. They are grouped into ten pairs of contrastive types; namely, passive vs. ergative, true passive vs. pseudo-passive, direct vs. indirect passive, sentential vs. lexical passive, personal vs. impersonal passive, plain vs. reflexive passive, neutral vs. adversative or favorable passive, basic vs. non-basic passive, synthetic vs. periphrastic passive, passive with patient subject vs. passive with non-patient subject. It is found that five of these pairs …

Mid-Western Educational Research Association 2003 Annual Meeting Call For Proposals, Janet K. Holt

Mid-Western Educational Researcher

Call for Proposals

Antimutagenicity On Urethane Of Various Soybean Products Using In Vivo Somatic Mutation And Recombination Test(การต้านฤทธิ์ก่อกลายพันธุ์ของยูรีเทนโดยผลิตภัณฑ์..., Kaew Kangsadalampai, Piyanart Sommani

The Thai Journal of Pharmaceutical Sciences

Different soy bean products, namely fermented products (soy paste, red sufu, yellow sufu and Tooa Nao and nonfermented products (Textured Vegetable Protein or TVP and dried-soybean curd or yuba), were evaluated for their antimutagenicity against urethane...