Digital Commons Network^™

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.

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.

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.

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.

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.

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.

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 …

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

University of San Francisco Law Review

No abstract provided.

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.

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.

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.

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.

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.

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.

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

Denver Journal of International Law & Policy

No abstract provided.

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.

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

Denver Journal of International Law & Policy

No abstract provided.

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

Denver Journal of International Law & Policy

No abstract provided.

Soft Law For Solid Contracts - A Comparative Analysis Of The Value Of The Unidroit Principles Of International Commercial Contracts And The Principles Of European Contract Law To The Process Of Contract Law Harmonization, Lars Meyer

Denver Journal of International Law & Policy

No abstract provided.

Vol. 34, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Assumptions Of Legitimacy: And The Foundations Of International Territorial Administration, Hollin K. Dickerson

Denver Journal of International Law & Policy

No abstract provided.

Global And Going Nowhere: Sustainable Development, Global Governance &(And) Liberal Democracy, James C. Kraska

Denver Journal of International Law & Policy

No abstract provided.

Vol. 34, No. 2: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

The Instrumental Value Of Beauty In The Pursuit Of Justice, Nancy Perkins Spyke

University of San Francisco Law Review

No abstract provided.

Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexis Koenig, Jonathan Stein

University of San Francisco Law Review

No abstract provided.

An Undue Burden On An Otherwise Feasible Defense: California Courts’ Burden On The Defendant Moving For Summary Judgment Based On Federal Preemption In Certain Medical Device Cases, James E. Heffner

University of San Francisco Law Review

No abstract provided.

California State Disability Insurance: Privatization Is The Answer To Employee Woes, Kelly L. Knudson

University of San Francisco Law Review

No abstract provided.

Neither Dead Nor Dangerous: Postmodernism And The Teaching Of Legal Writing, Adam Todd

School of Law Faculty Publications

This article explores postmodernism and its relation to the teaching of legal writing. Postmodernism is an undeniably important theory in literary criticism, composition and rhetoric and has provoked much debate in areas of legal scholarship, but it has seldom been addressed directly by legal writing scholars.

The teaching of legal writing has been greatly affected by postmodernism and can be characterized as a postmodern class in what is otherwise a modernist academy. Legal writing teachers generally teach in a modernist paradigm which seeks to normalize the law and create unitary meaning from the morass of texts and ideas which is …

Another Case In Lochner’S Legacy, The Court’S Assault On New Property: The Right To The Mandatory Enforcement Of A Restraining Order Is ‘A Sham, Nullity And Cruel Deception’, Christopher J. Roederer

School of Law Faculty Publications

No abstract provided.

Criticizing The Critics: Sarbanes-Oxley And Quack Corporate Governance, J. Robert Brown Jr.

Marquette Law Review

No abstract provided.