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

Digital Commons Network™

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

2004

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 64681 - 64710 of 71339

Full-Text Articles in Entire DC Network

A Meaningless Ritual? The Due Process Mandate For The Provision Of Competent Counsel In Arkansas Capital Post-Conviction Proceedings, Megan K. Rosichan Jan 2004

A Meaningless Ritual? The Due Process Mandate For The Provision Of Competent Counsel In Arkansas Capital Post-Conviction Proceedings, Megan K. Rosichan

University of San Francisco Law Review

The result of ineffective assistance of state post-conviction counsel and the seeming inability to raise such a claim is dire. Under the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), state post-conviction proceedings are supposed to provide a comprehensive review of a defendant's death sentence. Death-sentenced persons such as Mr. Lee, Mr. Kemp, and Mr. Noel, however, whose counsel failed to raise claims in state post-conviction proceedings, are in almost all cases barred from raising such claims in federal habeas corpus proceedings. The inability to do so is difficult to overstate because federal courts are the forum in which …

Go to article

Sensible Antitrust Rules For Pharmaceutical Competition, Herbert Hovenkamp Jan 2004

Sensible Antitrust Rules For Pharmaceutical Competition, Herbert Hovenkamp

University of San Francisco Law Review

No abstract provided.

Go to article

Occupation Law And Foreign Investment In Iraq: How An Outdated Doctrine Has Become An Obstacle To Occupied Populations, Robert D. Tadlock Jan 2004

Occupation Law And Foreign Investment In Iraq: How An Outdated Doctrine Has Become An Obstacle To Occupied Populations, Robert D. Tadlock

University of San Francisco Law Review

No abstract provided.

Go to article

But I Thought He Had A Gun - Race And Police Use Of A Deadly Force, Cynthia Lee Jan 2004

But I Thought He Had A Gun - Race And Police Use Of A Deadly Force, Cynthia Lee

UC Law Journal of Race and Economic Justice

While widespread consensus exists that racial minorities are disproportionately represented as victims of police shootings, the reason for this disproportion is hotly disputed. This paper argues that in claimed self-defense cases, race norms or racial stereotypes often operate at a subconscious level to alter police officers' perceptions of threat and corresponding decisions to use deadly force. Nevertheless, society can help encourage police officers to overcome the inevitable influence of racial stereotypes on their decisions to use deadly force in the field. Internally, police departments can work on at least three fronts to control the use of force: recruitment, training, and …

Go to article

The Ada Takes On The Movie Industry: Do The Disabled Have A Right To The Best Seats In The House?, Laura K. Mckibbin Jan 2004

The Ada Takes On The Movie Industry: Do The Disabled Have A Right To The Best Seats In The House?, Laura K. Mckibbin

University of San Francisco Law Review

STADIUM-STYLE MOVIE theaters have revolutionized the movie-going experience. Cushioned rocker seats with high seatbacks that recline, cup holder armrests, ample legroom, and marvelous lines of sight: the simple innovation of putting each row of seats on its own tier has made stadium-style theaters the most comfortable way to view a movie outside of one's own home. American Multi-Cinema Entertainment Inc. ("AMC"), the first group to establish stadium-style seating in its theaters, has described such stadium seating in its publicity materials as "'virtually suspend[ing] the moviegoer in front of [a] wall-to-wall screen.' " The audience is thus "'totally enveloped"' in the …

Go to article

Losing The Nuptials In Loss Of Consortium: Correcting California’S Common Law Claim, Gary Johnston Jr. Jan 2004

Losing The Nuptials In Loss Of Consortium: Correcting California’S Common Law Claim, Gary Johnston Jr.

University of San Francisco Law Review

No abstract provided.

Go to article

Vol. 32, No. 2: Table Of Contents, Denver Journal Of International Law & Policy Jan 2004

Vol. 32, No. 2: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Themes And Variations: The Convergence Of Corporate Governance Practices In Major World Markets, Allison Dabbs Garrett Jan 2004

Themes And Variations: The Convergence Of Corporate Governance Practices In Major World Markets, Allison Dabbs Garrett

Denver Journal of International Law & Policy

No abstract provided.

Go to article

The Alien Tort Claims Act & (And) Doe V. Unocal - A Paquete Habana Approach To The Rescue, John Haberstroh Jan 2004

The Alien Tort Claims Act & (And) Doe V. Unocal - A Paquete Habana Approach To The Rescue, John Haberstroh

Denver Journal of International Law & Policy

No abstract provided.

Go to article

The Effectiveness Of The World Bank's Anti-Corruption Efforts: Current Legal And Structural Obstacles And Uncertainties, Parthapratim Chanda Jan 2004

The Effectiveness Of The World Bank's Anti-Corruption Efforts: Current Legal And Structural Obstacles And Uncertainties, Parthapratim Chanda

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Vol. 32, No. 3: Table Of Contents, Denver Journal Of International Law & Policy Jan 2004

Vol. 32, No. 3: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Nafta Chapter 11 Dispute Resolution And Mexico: A Healthy Mix Of International Law Economics, And Politics, Scott R. Jablonski Jan 2004

Nafta Chapter 11 Dispute Resolution And Mexico: A Healthy Mix Of International Law Economics, And Politics, Scott R. Jablonski

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Immigration Policies And The War On Terrorism, Theresa Sidebothom Jan 2004

Immigration Policies And The War On Terrorism, Theresa Sidebothom

Denver Journal of International Law & Policy

No abstract provided.

Go to article

The Emerging Legal Perspective On Transnational Business Law: Development Law Theory And Practice, Heather K. Beattie Jan 2004

The Emerging Legal Perspective On Transnational Business Law: Development Law Theory And Practice, Heather K. Beattie

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Vol. 32, No. 3: Full Issue, Denver Journal Of International Law & Policy Jan 2004

Vol. 32, No. 3: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Sex, Politics, And Religion: The Clash Between Poland And The European Union Over Abortion, Alicia Czerwinski Jan 2004

Sex, Politics, And Religion: The Clash Between Poland And The European Union Over Abortion, Alicia Czerwinski

Denver Journal of International Law & Policy

No abstract provided.

Go to article

An African Dimension To The Clean Development Mechanism: Finding A Path To Sustainable Development In The Energy Sector, Patricia Nelson Jan 2004

An African Dimension To The Clean Development Mechanism: Finding A Path To Sustainable Development In The Energy Sector, Patricia Nelson

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Perspectives On The Bush Administration's New Immigrant Guestworker Proposal: Immigrant Labor Issues, Patricia Medige Jan 2004

Perspectives On The Bush Administration's New Immigrant Guestworker Proposal: Immigrant Labor Issues, Patricia Medige

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Vol. 33, No. 1: Table Of Contents, Denver Journal Of International Law & Policy Jan 2004

Vol. 33, No. 1: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Preemptive Self-Defense In An Age Of Weapons Of Mass Destruction: Operation Iraqi Freedom, Charles Pierson Jan 2004

Preemptive Self-Defense In An Age Of Weapons Of Mass Destruction: Operation Iraqi Freedom, Charles Pierson

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Vol. 33, No. 1: Full Issue, Denver Journal Of International Law & Policy Jan 2004

Vol. 33, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Go to article

Phytochemical And Biological Investigation Of Alkaloids From Zanthoxylum Syncarpum Tull Leaves, Mounirah A. Al-Azeib Jan 2004

Phytochemical And Biological Investigation Of Alkaloids From Zanthoxylum Syncarpum Tull Leaves, Mounirah A. Al-Azeib

Electronic Theses and Dissertations

No abstract provided.

Go to article

"Important" And "Irreversible" But Maybe Not "Unreviewable": The Dilemma Of Protecting Defendants' Rights Through The Collateral Order Doctrine, Kristen B. Gerdy Jan 2004

"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?

Go to article

A Civil Rights Task: Removing Barriers To Employment Of Ex-Convicts, Leroy D. Clark Jan 2004

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.

Go to article

Physicians Policing Physicians: The Development Of Medical Staff Peer Review Law At California Hospitals, Philip L. Merkel Jan 2004

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.

Go to article

Deferred Entry Of Judgment: An Overlooked And Undervalued Benefit Of Proposition 21, Laron Hogg Haught Jan 2004

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.

Go to article

The Common Law And The Religious Foundations Of The Rule Of Law Before Casey, Craig A. Stern Jan 2004

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 …

Go to article

Abstinence-Only Adolescent Education: Ineffective, Unpopular, And Unconstitutional, James Mcgrath Jan 2004

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.

Go to article

The Keta Taylor Colby Death Penalty Project, Steve Shatz Jan 2004

The Keta Taylor Colby Death Penalty Project, Steve Shatz

University of San Francisco Law Review

Roadmap of follow up article

Go to article

Blurring Lines: How Supplemental Jurisdiction Unknowingly Gave The World Ancillary Personal Jurisdiction, Adam Hofmann Jan 2004

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.

Go to article

First Prev Next Last