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2006

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Articles 65881 - 65910 of 74571

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Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman Jan 2006

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman

UC Law Journal of Race and Economic Justice

No abstract provided.

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Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff Jan 2006

Social Security Panel, Reuel Schiller, Peter Edelman, David Levine, Thomas Davidoff

UC Law Journal of Race and Economic Justice

No abstract provided.

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Keynote Addresses, Dolores Huerta, Peter Edelman Jan 2006

Keynote Addresses, Dolores Huerta, Peter Edelman

UC Law Journal of Race and Economic Justice

No abstract provided.

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Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli Jan 2006

Cross-Cultural Lawyering By The Book: The Latest Clinical Texts And A Sketch Of A Future Agenda, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

Over the past decade, the literature on lawyering has paid increased attention to the impact of cultural differences on interactions between attorneys and clients. This essay assesses the latest generation of clinical textbooks on interviewing and counseling and how they seek to prepare student-lawyers for crosscultural work. It highlights differences in these textbooks' definitions of culture, measures of crosscultural success, descriptions of the dimensions along which cultures differ, the side(s) of the lawyer-client relationship on which they focus, and the behaviors they suggest. The essay argues these texts are at their best when they define culture both broadly and fluidly, …

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The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews Jan 2006

The Color Of Sexual Harassment And The Public/Private Divide, Janeille Zorina Matthews

UC Law Journal of Race and Economic Justice

This article argues that the conception of sexual harassment as simply a gendered harm is inadequate because sexual harassment is not only about gender but also about race, class, sexual orientation and other realities of existence. Sexual harassment is about power and about keeping particular women out of particular economic spheres. Using the Commonwealth Caribbean as an example, this article concludes that an intersectional understanding of sexual harassment, and a more nuanced understanding of the public/private divide, will lead to better workplace harassment legislation. While much of the focus is on the Commonwealth Caribbean, a North American example suggests that …

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Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra Jan 2006

Race And The Jury: Racial Influences On Jury Decision-Making In Death Penalty Cases, Mustafa El-Farra

UC Law Journal of Race and Economic Justice

This note identifies the overwhelming influence of how the race of the victim and the defendant affects prosecutors and juries in capital punishment cases. The author focuses on the legislative and judicial shortcomings that have lead to a failure in proscribing and combating the issue of purposeful discrimination against minority defendants. The author proffers different remedies to address this problem, citing ideas mentioned in several state court cases as well as various federal legislative attempts to protect against racial discrimination in the application of capital punishment.

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Is Coercive Interrogation Of Terrorist Suspects Effective? A Response To Bagaric And Clarke, Philip N. S. Rumney Jan 2006

Is Coercive Interrogation Of Terrorist Suspects Effective? A Response To Bagaric And Clarke, Philip N. S. Rumney

University of San Francisco Law Review

No abstract provided.

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Federalism And Antitrust Reform, Herbert Hovenkamp Jan 2006

Federalism And Antitrust Reform, Herbert Hovenkamp

University of San Francisco Law Review

No abstract provided.

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Tortured Responses (A Reply To Our Critics): Physically Persuading Suspects Is Morally Preferable To Allowing The Innocent To Be Murdered, Mirko Bagaric, Julie Clarke Jan 2006

Tortured Responses (A Reply To Our Critics): Physically Persuading Suspects Is Morally Preferable To Allowing The Innocent To Be Murdered, Mirko Bagaric, Julie Clarke

University of San Francisco Law Review

No abstract provided.

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From Farm To Table: How This Little Piggy Was Dragged Through The Market, Justine Hinderliter Jan 2006

From Farm To Table: How This Little Piggy Was Dragged Through The Market, Justine Hinderliter

University of San Francisco Law Review

No abstract provided.

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Federalism In Securities Regulation: An Economist’S Perspective, Joseph E. Stiglitz Jan 2006

Federalism In Securities Regulation: An Economist’S Perspective, Joseph E. Stiglitz

University of San Francisco Law Review

No abstract provided.

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From Incongruity To Cooperative Federalism, Reza Dibadj Jan 2006

From Incongruity To Cooperative Federalism, Reza Dibadj

University of San Francisco Law Review

No abstract provided.

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Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort Jan 2006

Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort

University of San Francisco Law Review

No abstract provided.

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Supplemental Jurisdiction Over Permissive Counterclaims In Light Of Exxon V. Allapattah, Graham M. Beck Jan 2006

Supplemental Jurisdiction Over Permissive Counterclaims In Light Of Exxon V. Allapattah, Graham M. Beck

University of San Francisco Law Review

This comment examines the development of supplemental jurisdiction as applied to counterclaims, as well as the circuit slit with regard to supplemental jurisdiction over permissive counterclaims.

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Rhetoric Of Academe, Curtis E. A. Karnow Jan 2006

Rhetoric Of Academe, Curtis E. A. Karnow

University of San Francisco Law Review

This piece explores the ways in which legal education moved from clerkships in law offices to receiving law degrees from academic institutions. As such, this piece also tracks the formation of legal precedent over time, which too, has shifted from rigid reliance on case law, to more reliance on academic rhetoric propounded by legal scholars.

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Executive Compensation: Reining In Runaway Abuses-Again, Susan Lorde Martin Jan 2006

Executive Compensation: Reining In Runaway Abuses-Again, Susan Lorde Martin

University of San Francisco Law Review

This Article describes the new SEC rules relating to executive compensation, discusses their chances of success in curbing abuses, and to suggest other reforms-in addition to disclosure-that might rein in runaway compensation abuse and improve business success.

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Indirect Sex Discrimination-A View From Across The Pond, Joanna Wade Jan 2006

Indirect Sex Discrimination-A View From Across The Pond, Joanna Wade

University of San Francisco Law Review

This Article explores the differences and similarities between the UK's Sex Discrimination Act and the US's Title VII, with regard to using these statutes to eliminate forms of indirect sex discrimination.

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Illinois Tool Works V. Independent Ink: Inking Out Limits Of The Patent Grant, Tyler J. Gee Jan 2006

Illinois Tool Works V. Independent Ink: Inking Out Limits Of The Patent Grant, Tyler J. Gee

University of San Francisco Law Review

This Note argues that, in deciding Independent Ink, the Supreme Court was overbroad in its characterization of the market power presumption, and the Court's analysis neglected important policies justifying the United States patent system.

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Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio Jan 2006

Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio

UC Law Journal of Race and Economic Justice

This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government-run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations of American …

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Causation And Attenuation In The Slavery Reparations Debate, Kaimipono David Wenger Jan 2006

Causation And Attenuation In The Slavery Reparations Debate, Kaimipono David Wenger

University of San Francisco Law Review

No abstract provided.

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One More Challenge For The Amc: Repairing The Legacy Of Illinois Brick, J. Thomas Prud’Homme Jr., Ellen S. Cooper Jan 2006

One More Challenge For The Amc: Repairing The Legacy Of Illinois Brick, J. Thomas Prud’Homme Jr., Ellen S. Cooper

University of San Francisco Law Review

No abstract provided.

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An Approach To Certification Issues In Multi-State Diversity Class Actions In Federal Court After The Class Action Fairness Act Of 2005, Holly Kershell Jan 2006

An Approach To Certification Issues In Multi-State Diversity Class Actions In Federal Court After The Class Action Fairness Act Of 2005, Holly Kershell

University of San Francisco Law Review

No abstract provided.

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Legislative Inconsistency: California's Good Cause Statutory Exceptions As A Step Back In The Effort To Improve Court Access For Non-English Speaking Civil Litigants, Nicholas P. Tsukamaki Jan 2006

Legislative Inconsistency: California's Good Cause Statutory Exceptions As A Step Back In The Effort To Improve Court Access For Non-English Speaking Civil Litigants, Nicholas P. Tsukamaki

University of San Francisco Law Review

Because statutory exceptions in California law allow trial courts to appoint non-certified interpreters, this comment argues that these good cause exceptions are inconsistent with the Legislature's commitment to improving court access for non-English speaking civil litigants.

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Fda, Clia, Or A "Reasonable Combination Of Both": Toward Increased Regulatory Oversight Of Genetic Testing, Douglas A. Grimm Jan 2006

Fda, Clia, Or A "Reasonable Combination Of Both": Toward Increased Regulatory Oversight Of Genetic Testing, Douglas A. Grimm

University of San Francisco Law Review

This Article examines the current regulatory scheme for genetic testing and calls for a unification of the testing standards. It advocates consolidating the standards under a single governmental agency, FDA, in order to ameliorate the potential for immediate and future harm to patients and their families. In order to be effective, future regulations must apply to all providers of genetic testing and create meaningful, reasonable criteria for testing processes and outcomes.

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Carnero V. Boston Scientific Corporation: Interpreting The Extraterritorial Effect Of The Civil Whistleblower Protection Provision Of The Sarbanes-Oxley Act, Caryn R. Nutt Jan 2006

Carnero V. Boston Scientific Corporation: Interpreting The Extraterritorial Effect Of The Civil Whistleblower Protection Provision Of The Sarbanes-Oxley Act, Caryn R. Nutt

University of San Francisco Law Review

This Comment argues that, had the First Circuit employed the effects test, the court could have logically reached the conclusion that the Whistleblower Provision of the Sarbanes-Oxley Act should have extraterritorial effect.

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Process Theory And Emerging Thirteenth Amendment Jurisprudence:The Case Of Agricultural Guestworkers, Benjamin P. Quest Jan 2006

Process Theory And Emerging Thirteenth Amendment Jurisprudence:The Case Of Agricultural Guestworkers, Benjamin P. Quest

University of San Francisco Law Review

This Comment argues that applying process theory as a limiting principle to an expansive substantive interpretation of the Thirteenth Amendment and uses United States agricultural guestworker policy as a case study. Viewed through a process theory lens, the Thirteenth Amendment compels Congress to revise guestworker statutes since guestworkers are unable to take advantage of democratic channels to combat employment practices that replicate slavery-like harms.

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Vol. 34, No. 1: Table Of Contents, Denver Journal Of International Law & Policy Jan 2006

Vol. 34, No. 1: Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

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International War Crimes &(And) Other Criminal Courts: Ten Recommendations For Where We Go From Here And How To Get There - Looking To A Permanent International Criminal Tribunal, David Aronofsky Jan 2006

International War Crimes &(And) Other Criminal Courts: Ten Recommendations For Where We Go From Here And How To Get There - Looking To A Permanent International Criminal Tribunal, David Aronofsky

Denver Journal of International Law & Policy

No abstract provided.

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Evolving Practice In The Field: Informing Th International Legal Obligations To Protect, Todd Howland Jan 2006

Evolving Practice In The Field: Informing Th International Legal Obligations To Protect, Todd Howland

Denver Journal of International Law & Policy

No abstract provided.

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The Prohibition Of Torture: Absolute Means Absolute, Nigel S. Rodley Jan 2006

The Prohibition Of Torture: Absolute Means Absolute, Nigel S. Rodley

Denver Journal of International Law & Policy

No abstract provided.

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