Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2003

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 53431 - 53460 of 58696

Full-Text Articles in Entire DC Network

Popular Culture And Sport Memorabilia, Ray B. Browne Jan 2003

Popular Culture And Sport Memorabilia, Ray B. Browne

Visions in Leisure and Business

No abstract provided.

Go to article

Dale Earnhardt: Merchandizing Of A Nascar Icon, Kathleen Munger, David L. Groves Jan 2003

Dale Earnhardt: Merchandizing Of A Nascar Icon, Kathleen Munger, David L. Groves

Visions in Leisure and Business

Dale Earnhardt's death provided an opportunity to examine the merchandiser phenomena in the sport of NASCAR racing. When Dale Earnhardt died, buyers and sellers were exchanging memorabilia at an unprecedented rate. The price of his memorabilia escalated significantly after his death. The purpose of this study was to examine the price fluctuation of selected memorabilia over a one year period. Results indicated that prices fluctuated dramatically, especially by type of merchandise and where the merchandise was sold. The prices stabilized and shifted dramatically based upon significant events.

Go to article

Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski Jan 2003

Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski

Scholarly Articles

Commentators have often suggested that Latin American countries incorporate more features of parliamentary systems or experiment with "mixed" models of governance. This article presents arguments that such a recommendation should be carefully analyzed. First, the article demonstrates that, since the early stages of post-colonial history, the Latin American states modified U.S. presidentialism. The states have already experimented with many features of a parliamentary system, adopted a model of judicial review which was an amalgam of several well-known models, and wrestled with their own ethnic, cultural and legal problems not linked to the U.S. system of governance. Second, the article examines …

Go to article

Looking For Law In All The Wrong Places: Problems In Applying The Implied Covenant Of Good Faith Performance, Seth W. Goren Jan 2003

Looking For Law In All The Wrong Places: Problems In Applying The Implied Covenant Of Good Faith Performance, Seth W. Goren

University of San Francisco Law Review

Nationally, judicial decisions and commentators alike have repeatedly lamented courts' misinterpretation and misapplication of contractual good faith as leading to irreconcilable decisions. Often, courts have handed down broad pronouncements on the subject and subsequently reversed or scaled back their own decisions, or have seen their conclusions overturned by statute. This has made the law on the subject in numerous jurisdictions unstable, obscure, and perplexing in ways almost identical to Pennsylvania law.

Go to article

Hearsay And Its Exceptions: Conforming The Evidence Code To The Federal Rules, Miguel A. Mendez Jan 2003

Hearsay And Its Exceptions: Conforming The Evidence Code To The Federal Rules, Miguel A. Mendez

University of San Francisco Law Review

No abstract provided.

Go to article

The Durban Conference Against Racism And Everyone's Responsibilities, J.A. Lindgren Alvez Jan 2003

The Durban Conference Against Racism And Everyone's Responsibilities, J.A. Lindgren Alvez

University of San Francisco Law Review

WHEN DELEGATES AND observers to the third United Nations conference against racism left the premises in Durban, South Africa, exhausted and still stunned by the difficulties they had faced, they did not have a hint of what was soon to happen. They knew that only by means of accommodation and last minute procedural maneuvers had they managed to reach a "consensus" on the final documents. This should have been enough to tone down any possible enthusiasm. Nevertheless, for most of them, results had undoubtedly had positive aspects. There were reasons to believe the Conference had been worthwhile.

Go to article

Oregon V. Ashcroft: The Attorney General's Attempt To Override State Controlled Medical Practice, Casey Kaufman Jan 2003

Oregon V. Ashcroft: The Attorney General's Attempt To Override State Controlled Medical Practice, Casey Kaufman

University of San Francisco Law Review

PAS is a heavily debated topic today, and many states have addressed it with legislation, criminalizing PAS. Oregon was the first state to allow its citizens an option aside from the natural course of a terminal disease. In response to the Oregon Act, Attorney General John Ashcroft issued a directive ("Ashcroft Directive") ordering the Drug Enforcement Administration ("DEA") to prosecute doctors that prescribe life-ending medicine.

Go to article

Employment Arbitration And Workplace Justice, Lewis L. Maltby Jan 2003

Employment Arbitration And Workplace Justice, Lewis L. Maltby

University of San Francisco Law Review

SOME CVIL RIGHTS lawyers look at the growth of employment arbitration and see the end of workplace justice. Others see an exciting opportunity to create workplace justice. How can this be possible? How can attorneys with the same values see the same development in diametrically opposite ways? The heart of the answer lies less in these attorneys' different perceptions of alternative dispute resolution ("ADR") than in their different perceptions of the civil justice system. Different attorneys have conflicting opinions on how well the civil justice system provides workplace justice and these opinions shape their attitudes regarding arbitration in the workplace.

Go to article

Immigration, Civil Rights, And Coalitions For Social Justice, Kevin R. Johnson Jan 2003

Immigration, Civil Rights, And Coalitions For Social Justice, Kevin R. Johnson

UC Law Journal of Race and Economic Justice

The treatment of "aliens," particularly noncitizens of color, under the U.S. immigration laws reveals volumes about domestic race relations in the nation. A deeply complicated, often volatile, relationship exists between racism directed toward U.S. citizens and that aimed at noncitizens. The United States has a long history of treating racial minorities in the United States harshly, at times savagely. Noncitizen racial minorities, as foreigners not part of the national community, generally have been subject to similar, although not identical, cruelties but also have suffered deportation, indefinite detention, and more. One need look to further than the treatment of Arab and …

Go to article

In-Situ Characterization Of Subgrade Using Falling Weight Deflectometer, Manil Bajracharya Jan 2003

In-Situ Characterization Of Subgrade Using Falling Weight Deflectometer, Manil Bajracharya

Electronic Theses and Dissertations

No abstract provided.

Go to article

M. Cherif Bassiouni, Denver Journal Of International Law & Policy Jan 2003

M. Cherif Bassiouni, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul R. Williams Jan 2003

Earned Sovereignty: The Road To Resolving The Conflict Over Kosovo's Final Status, Paul R. Williams

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Developments And Limits In International Jurisprudence, Peter Kovacs Jan 2003

Developments And Limits In International Jurisprudence, Peter Kovacs

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Wto And The Environment, Don C. Smith Jan 2003

Wto And The Environment, Don C. Smith

Denver Journal of International Law & Policy

No abstract provided.

Go to article

China's Great Western Development Project In Xinjiang: Economic Palliative, Or Political Trojan Horse, Matthew D. Moneyhon Jan 2003

China's Great Western Development Project In Xinjiang: Economic Palliative, Or Political Trojan Horse, Matthew D. Moneyhon

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Vol. 31, No. 3: Full Issue, Denver Journal Of International Law & Policy Jan 2003

Vol. 31, No. 3: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Caught Between Hope And Despair: An Analysis Of The Japanese Criminal Justice System, Melissa Clack Jan 2003

Caught Between Hope And Despair: An Analysis Of The Japanese Criminal Justice System, Melissa Clack

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Lessons From Conflict: The Role Of A Strong Judiciary And The International Community In Protecting Human Rights For Successful Humanitarian Aid, Scot W. Greenwood Jan 2003

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.

Go to article

The Recent International Efforts To End Commercial Sexual Exploitation Of Children, Karene Jullien Jan 2003

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

Denver Journal of International Law & Policy

No abstract provided.

Go to article

The Effectiveness Of Audiovisual Regulation Inside The European Union: The Television Without Frontiers Directive And Cultural Protectionism, Joe Middleton Jan 2003

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.

Go to article

National Security Law In The Post-9-11 World: A Survey Of Recent Legal Materials, John D. Becker Jan 2003

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.

Go to article

Vol. 31, No. 4: Full Issue, Denver Journal Of International Law & Policy Jan 2003

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

Denver Journal of International Law & Policy

No abstract provided.

Go to article

For The Sake Of Your Health: Erisa's Preemption Provisions, Hmo Accountability, And Consumer Access To State Law Remedies, Elaine Gareri Kenney Jan 2003

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 …

Go to article

The Role Of Judge And Jury: Conforming The Evidence Code To The Federal Rules, Miguel A. Mendez Jan 2003

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.

Go to article

Proving Discrimination After Croson And Adarand: "If It Walks Like A Duck", Derek M. Alphran Jan 2003

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.

Go to article

Arbitration: Trial By Other Means Or Settlement By Other Means?, Joshua P. Davis Jan 2003

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.

Go to article

California Arbitration Reform: The Aftermath, Ruth V. Glick Jan 2003

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 …

Go to article

A Practical Guide To Representing Parties In Eeoc Mediations, Robert E. Talbot Jan 2003

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

Go to article

Students’ Writing Backgrounds: A Survey, Susan Wawrose Jan 2003

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 …

Go to article

Teachers Beware! You May Be Liable Under Proposition 227: California Teachers Association V. State Board Of Education, Jacinto Zavala Jan 2003

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.

Go to article

First Prev Next Last