Digital Commons Network^™

"Important" And "Irreversible" But Maybe Not "Unreviewable": The Dilemma Of Protecting Defendants' Rights Through The Collateral Order Doctrine, Kristen B. Gerdy

University of San Francisco Law Review

DR. CHARLES SELL has spent the last five years confined to a federal psychiatric facility awaiting trial for charges of Medicaid fraud and money laundering, a trial he is not competent to undergo at present because he suffers from delusional disorder, persecutory subtype, a rare psychological condition.1 His confinement has exceeded his possible imprisonment under the federal sentencing guidelines. Why does Dr. Sell continue to wait for a trial that may never happen?

A Civil Rights Task: Removing Barriers To Employment Of Ex-Convicts, Leroy D. Clark

University of San Francisco Law Review

OUR NATION FACES a growing problem that cries out for careful, rational reforms. As of June 2002, the prison and jail population exceeded two million inmates for the first time. State prisons operated between 1% and 16% above capacity and federal prisons operated 31% above capacity. The inmate population grew an average of 3.8% each year from 1995 to 2002.

Physicians Policing Physicians: The Development Of Medical Staff Peer Review Law At California Hospitals, Philip L. Merkel

University of San Francisco Law Review

THE LAW GOVERNING medical staff peer review at California hospitals has changed dramatically over the last thirty years. The days when a hospital could make arbitrary credentialing decisions without affording physicians any recourse are long gone. Primarily as a result of appellate court decisions and legislation, there has been a steady movement toward the formalization of peer review. This article examines the development of peer review law at California hospitals.' It also identifies a number of shortcomings in the current system and suggests solutions to these problems.

Deferred Entry Of Judgment: An Overlooked And Undervalued Benefit Of Proposition 21, Laron Hogg Haught

University of San Francisco Law Review

IN MARCH OF 2000, the voters of California passed Proposition 21, the "Gang Violence and Juvenile Crime Prevention Act of 1998," which altered sections of the Welfare and Institution and Penal Codes as well as created new sections that delineate a supervision program for certain minors brought before the courts. Proponents hailed the initiative as a "get tough on juvenile crime and gangs" measure, while opponents argued it was a draconian attempt to incarcerate more children for longer periods of time, and was too sweeping in its effect.

The Common Law And The Religious Foundations Of The Rule Of Law Before Casey, Craig A. Stern

University of San Francisco Law Review

WHATEVER IT MAY mean, the rule of law commands apparently universal respect-or at least receives apparently universal lip-service-among civil governments. Classically, the rule of law has been counterpoised to the rule of man, a rule held to be much inferior. Man is willful, apt to help friends and to harm foes even when obliged to judge fairly. Accordingly, the standard law dictionary gives these two pertinent definitions of "rule of law": " The supremacy of regular as opposed to arbitrary power .... -Also termed supremacy of law. 3. The doctrine that every person is subject to the ordinary law within …

Abstinence-Only Adolescent Education: Ineffective, Unpopular, And Unconstitutional, James Mcgrath

University of San Francisco Law Review

ABSTINENCE-ONLY AND abstinence-only-until-marriage education programs, ostensibly designed to prevent unwanted pregnancy and sexually transmitted disease ("STD") infection, are a waste of valuable public health resources of both time and money.' These ideologically based interventions interfere with serious, effective public health education and must be dismantled. Not only are abstinence-only programs ineffective for their intended purpose, they are dangerous in that they fail to protect our nation's youth against serious and potentially deadly diseases. Furthermore, these programs unconstitutionally violate both the Establishment Clause and the unconstitutional conditions doctrine.

The Keta Taylor Colby Death Penalty Project, Steve Shatz

University of San Francisco Law Review

Roadmap of follow up article

Blurring Lines: How Supplemental Jurisdiction Unknowingly Gave The World Ancillary Personal Jurisdiction, Adam Hofmann

University of San Francisco Law Review

MANY LAW REVIEW articles begin with a gripping story, a hook, to grab the reader's attention and enflame their emotions. The idea is to make the reader understand, from the beginning, why the article is important by putting a human face, some real consequence, to the legal issues that they are discussing. This Comment has no such gripping story. It is aimed at a small group of attorneys who are litigating or anticipate litigating an interpleader action. As a result, this Comment seeks not to enflame emotions, but to engage in a very practical, grounded dialogue to assist those attorneys.

Toward A Criminal Law For Cyberspace: A New Model Of Law Enforcement?, Susan W. Brenner

School of Law Faculty Publications

This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into cyberspace is that the efficacy of our traditional approach to enforcing the criminal law is eroding. (1) As Section II explains, it is already apparent that the traditional model is not an effective means of dealing with cybercrime, i.e., crime the commission of which entails the use of computer technology. (2)

We are therefore seeing the emergence of an alternative approach to law enforcement, (3) one that emphasizes collaboration between the public and private sectors and …

Unlimited Congressional Power Under The Copyright Clause In Article I Of The Constitution: Eldred V. Ashcroft, Sherry Lynn Murphy

University of San Francisco Law Review

HAVE YOU EVER wondered why restaurants make up ridiculous songs to sing "happy birthday" to customers? No one knows the words or melodies, so no one sings along. Why do restaurants do this, instead of just singing the "Happy Birthday to You" song that everyone knows and loves, the one every kid has sung to him or her at birthday parties? The reason is because it is illegal for restaurants, in fact for anyone, to sing "Happy Birthday to You" unless a royalty fee is paid for permission to use the song. Although the song is an important part of …

Strengthening Article 20, Merle H. Weiner

University of San Francisco Law Review

THE HAGUE CONVENTION on the Civil Aspects of International Child Abduction ("the Hague Convention") t is a private international treaty in force in approximately seventy-five countries. 2 The Hague Convention addresses international child abduction and generally requires that an abducted child be promptly returned to his or her habitual residence, unless the abductor can invoke one of several defenses set forth in the Hague Convention.

Economic Analyses Of Patent Settlement Agreements: The Implementation Of Specific Economic Tests, The Evaluation Of Dynamic Efficiency, And The Scope Of Patent Rights, James Langenfeld, Wenqing Li

University of San Francisco Law Review

No abstract provided.

The Superiority Of Direct Proof Of Monopoly Power And Anticompetitive Effects In Antitrust Cases Involving Delayed Entry Of Generic Drugs, Eric L. Cramer, Daniel Berger

University of San Francisco Law Review

No abstract provided.

Chimerical Class Conflicts In Federal Antitrust Litigation: The Fox Guarding The Chicken House In Valley Drug, Joshua P. Davis, David F. Sorensen

University of San Francisco Law Review

No abstract provided.

Fractured Freedoms: The United States’ Postmodern Approach To Protecting Privacy, Adam Todd

School of Law Faculty Publications

Privacy law in the United States can be characterized as postmodern. It is fragmented and reflects postmodern paradox. This article is particularly concerned with the threats to the freedoms that underlie the right to privacy in the United States caused by this postmodern approach-particularly the lack of comprehensive regulation or protections against violations of privacy. The weaknesses of the United States' fragmented approach are apparent when contrasted to the more comprehensive and centrally-regulated European approach, such as that found in the European Data Privacy Directive.

But one cannot simply state that the United States should borrow the comprehensive European approach. …

Paper Trail: One Method Of Information Literacy Assessment, Jennifer Nutefall

University Libraries Publications

Assessing students' information literacy skills can be difficult depending on the involvement of the librarian in a course. To overcome this, librarians created an assignment called the Paper Trail, where students wrote a short essay about their research process and reflected on what they would do differently. Through reviewing and grading these papers, librarians determined whether students understood the difference between the library catalog and article databases, evaluated the students' search terms to see if they used effective topic keywords and Boolean operators, and learned more on how the students reflected on their research process.

Action Science: Action Science And Negotiation, Michael Moffitt, Scott R. Peppet

Marquette Law Review

No abstract provided.

Complexity Theory: Understanding Conflict In A Postmodern World, Scott H. Hughes

Marquette Law Review

No abstract provided.

Influence: Principles Of Influence In Negotiation, Chris Guthrie

Marquette Law Review

No abstract provided.

Taxing Thoughts, Marc J. Marotta

Marquette Law Review

No abstract provided.

At A Loss: The State Of Wisconsin After Eight Years Without The Public Intervenor's Office, Jodi Habush Sinykin

Marquette Law Review

No abstract provided.

Facts And Fantasies About Uc Berkeley Admissions: A Critical Evaluation Of Regent John Moores' Reports, Asian Law Caucus

UC Law Journal of Race and Economic Justice

UC Regent John Moores recently authored a confidential draft report that purports to analyze admissions at the University of California's flagship Berkeley campus. The Moores Report is largely focused on SAT scores, particularly the admission of some applicants with SAT scores below 1000. Unfortunately, the Moores Report contributed to widespread misconceptions about comprehensive review at Berkeley, particularly regarding the admission of a small number of students with relatively low SAT scores. In reality, the data show that students admitted with relatively low SAT scores can be highly qualified for admission to Berkeley and that Berkeley admits virtually all in-state applicants …

A High Stakes Mistake: Ignoring The Iep Team's Recommendations In Implementing California's High School Exit Exams, A. Angelique Aitken

UC Law Journal of Race and Economic Justice

Although federal and California law guarantee each elementary and secondary student a "free and appropriate education," California has decided to implement high stakes exit exams that arguably deny students this right. The Individualized Education Plan team members are guardians of a child's free and appropriate education and best understand the disabled student's academic abilities and achievements. By deferring to the Individualized Education Plan team, students with learning disabilities would have equal access to learning, equal opportunity to demonstrate their knowledge, and equal privileges that accompany a high school graduation.

Too Much For A Nation To Bear: Questions Of Sustainability And Consultation In Environmental Reviews; The Case Of The Tulsequah Chief Mine, Anna J. Pugh

Dalhousie Journal of Legal Studies

This case comment questions the neutrality of government environmental assessment reviews in Canada, through an examination of the proposed Tulsequah Chief Mine in Northern BC. The author questions whether a government which openly promotes development can or will ever place sustainability of a region on an equal level with economic gains. In the case of the Tulsequah Chief mine, the Taku River Tlingit First Nation opposes the project on grounds of regional sustainability. The litigation between the Tlingits, the BC Government and the Redfern Mining Corporation has raised issues regarding the fiduciary duty of governments to considering the claims of …

Diseases, Drugs, And Brain Plasticity: Lessons Learned From The Study Of Headache, Anan Srikiatkhachorn

The Thai Journal of Pharmaceutical Sciences

Plasticity of the nervous system is an important factor that determines the clinical presentation of several neurological conditions including headache and pain. In case of neuropathic pain, the sensitization and reorganization of neural circuitry involv...

Discourse On The Thai Nation By Progressive Intellectuals From The 1950'S-1960'S, Sopha Chanamool

Manusya, Journal of Humanities

A discourse on the Thai Nation by progressive intellectuals in Thailand during 1950's-1960's is discussed. During this period they formed a narrative, and a new meaning of "Chat Thai" or Thai nation. The progressive intellectuals, such as Malai Chupinit, Sod Kuramarohit, Assani Ponlachan and Chit Phumisak, debated a new meaning of national identity. They described the Thai Nation differently to the previous elite groups, such as King Rama VI in the 1920's. King Rama VI wrote about the great ancient kingdom of Sukhothai. Luang Wichitwatakan expanded on that to show the greatness of the Thai nation since ancient times, and …

Decision Tools Manual Humanitarian Mine Action Projects, Cisr

Global CWD Repository

In 2003, the United States Department of State, Bureau of Political-Military Affairs/Weapons Removal and Abatement, (PM/WRA) tasked the James Madison University Mine Action Information Center (MAIC) with producing a cost-benefit analysis of two demining programs to be used to develop a model to analyze the quantitative impacts, expected results, and suggested prioritization of mine clearance activities. Prioritization was to be accomplished within the context of socio-economic development programs. Lessons learned from UN guidance, earlier studies, experts in the mine action community, and field studies influenced the development of the decision tool for prioritization of humanitarian mine action projects.

The MAIC …

Afghanistan Ordnance Identification Guide, Cisr

Global CWD Repository

This guide provides information to facilitate international unexploded ordnance (UXO) awareness and identification. This guide is not intended for use by Explosive Ordnance Disposal (EOD) technicians. Rather, it is designed for other personnel who, of necessity, are trying to identify ordnance in the absence of trained EOD military professionals.

Enhancement Of Casualty Data Collection & Management, Cisr

Global CWD Repository

The MAIC built upon research conducted in earlier phases of the project (2001-2002) to investigate the following unresolved questions regarding the development of an effective landmine casualty data system.

1. 1. What kind of data about landmine victims is being collected and is it adequate to the needs of victim assistance service providers?
2. 2. If it is not adequate, what additional data should be collected and how should it be managed?
3. 3. What can be done to improve the dissemination of landmine casualty data?

These questions were addressed by investigating developments in landmine casualty data collection and management since 2002 and …

Iraq Ordnance Identification Guide, Cisr

Global CWD Repository

The Iraq Ordnance Identification Guide supports the U.S. Department of Defense humanitarian mine action program. This guide provides information to facilitate international unexploded ordnance (UXO) awareness and identification. This guide is not intended for use by Explosive Ordnance Disposal (EOD) technicians. Rather, it is designed for other personnel who, of necessity, are trying to identify ordnance in the absence of trained EOD military professionals.