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Ex Parte Domestic Violence Orders Of Protection: How Easing Access To Judicial Process Has Eased The Possibility For Abuse Of The Process, David H. Taylor

Faculty Articles, Papers, and Other Scholarship

This article explores how state domestic violence statutory schemes that grant temporary ex parte orders have inadvertently lead to the abuse of orders of protection. Part I introduces how domestic violence statutes came to be, and describes how the typical statutory scheme works when it comes to granting ex parte orders. Part II examines the problems that occur when ex parte relief is easily obtained. Part III looks at the factors that contribute to the ability to misuse orders of protection. Part IV discusses due process and ex parte orders of protection. Part V is a survey of the state …

Exploring Effective Co-Teaching Models, Lien M. Nguyen

School of Education and Leadership Student Capstone Theses and Dissertations

The research question addressed in this project was, what is an effective co-teaching model between mainstream and special education teachers and the impact on the kindergarten classroom environment? It documents one teacher's exploration of the five models of co-teaching. The author documents the benefits of co-teaching and full inclusion. She documents details of the surveys, lesson plans, and outcomes of the three models of co-teaching that were used in two kindergarten classrooms. She concludes that: (1) it is important to gather background information from participating colleagues, (2) students with disabilities and at risk learners benefit most from co-teaching, and (3) …

Computer Simulation Of The Role Of Groundwater Seepage In Forming Martian Valley Networks, W. Luo, A.D. Howard

Faculty Articles, Papers, and Other Scholarship

The role of groundwater in forming Martian valley networks is simulated in a computer model as seepage erosion by contributing to surface runoff and as seepage weathering by causing accelerated weathering of bedrock, which makes its subsequent erosion and removal easier. Simulation results show that seepage erosion cannot mobilize large grain size sediment and is marginally effective at generating integrated valley networks with realistic rates of aquifer recharge. On the other hand, seepage weathering may play a major role in forming Martian valley networks. Seepage weathering combined with fluvial runoff creates stubby deep canyons with abrupt headwalls that are similar …

Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler

Journal of Dispute Resolution

Unlike many of the contributions to this Symposium issue, mine is a speculative, idiosyncratic opinion piece. I want to explore what we know, what we think we know, what we do not know, and what we need to know about Collaborative Law and interdisciplinary team Collaborative Divorce Practice as they presently exist in the field of family law, in two respects: what these processes offer to clients (the "deep resolution" part of my title) and what effect the practice of these processes has on lawyers (the "new lawyer" part of my title). Instead of citing to authority, this essay draws …

Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John Lande

Journal of Dispute Resolution

This article proceeds as follows. After Part II describes the research methodology, Part III depicts DCI members' general orientation toward cooperation and their reactions to litigation-oriented and Collaborative Practice. This Part highlights the distinctions between the three types of practice. Not surprisingly, DCI members' interest in Cooperative Practice reflects some dissatisfaction with both litigation-oriented and Collaborative Practice. Part IV describes DCI members' accounts about Cooperative Practice, including their goals, how they define Cooperative cases, their views about appropriateness of Cooperative Practice, how cases are initiated, the number and characteristics of these cases, and the procedures used in Cooperative Practice. It …

Ethics Of Collaborative Law, The, Scott R. Peppet

Journal of Dispute Resolution

This article argues that Collaborative Law can be permissible under the current rules of legal ethics. At the same time, it contends that this is not a foregone conclusion, and that certain Collaborative Law contracts or arrangements are more suspect than others. In short, it argues that collaborative lawyers need to be extremely careful in how they go about their practice if they wish to withstand ethical scrutiny.

Rejecting The Intertwining Doctrine: Favoring Adr While Hindering Judicial Efficiency And Economy, Michael Bekesha

Journal of Dispute Resolution

Often the scope of arbitration clauses does not include all potential claims. When the provision fails to provide for all disputes, courts may proceed in one of two ways to resolve both arbitrable and nonarbitrable claims: enforce the arbitration clause with respect to arbitrable claims, or ignore the private contract and litigate all issues at once. The Colorado Supreme Court, in Ingold v. AIMCO, chose the former - rejecting the intertwining doctrine. In doing so, Colorado aligned itself with the position that the United States Supreme Court embraced over twenty years ago. This casenote will discuss whether the Colorado Supreme …

Expanding The Power Of U.S. Courts In Private International Arbitration - Moderation Loses To An Extreme, Amy Moore

Journal of Dispute Resolution

Since its inception, 28 U.S.C. § 17822 has been the subject of revisions, amendments, and much debate. This history is symptomatic of the evolving nature of United States presence in the international legal and business world; however, the statutory changes have not always been clear in purpose or application. In 2004, the Supreme Court granted certiorari for Intel Corp. v. Advanced Micro Devices, Inc., in order to solidify interpretation of § 1782's latest rendition, a 1964 congressional revision. Unfortunately, in expanding the accepted scope of § 1782, the Court created new ambiguity, especially in how the statute should relate to …

Interest Arbitration Clauses In Sec. 8(F) Pre-Hire Agreements: Effective For Achieving Genuine Collective Bargaining Or Enabling Parties To Underhandedly Gain Majority Bargaining Power, Thomas Riske

Journal of Dispute Resolution

In Sheet Metal Workers' International Ass'n, Local Union No. 2 v. McElroy's Inc., the United States Court of Appeals for the Tenth Circuit considered whether an employer was required to submit to interest arbitration with a union under the pre-hire agreement entered into by the parties. The applicability of the statutory standards for pre-hire agreements to bargained-for labor and employment contracts is an essential element of this case. When interpreting federal statutory law, the majority of jurisdictions permit unilateral repudiation upon the expiration of a pre-hire agreement and a small minority of jurisdictions allow for the agreement to be repudiated …

From Odious Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa

Articles by Maurer Faculty

This Article looks at the generally agreed upon characteristics of the odious debt doctrine and considers the unintended consequences and externalities that would ensue if this doctrine were ever made regularly operative. The enlivened scholarly debate surrounding the odious debt doctrine assumes that debt is the sole finance vehicle for despotic governments. This is simply not the case.

Debt is not the sole finance vehicle; despots are able to raise funds through a wide variety of other methods. These include the pillaging of the nation's natural resources, property, and other valuable asset as well as the exploitation of the nation's …

Still Waiting For The Dream: The Justice Of Punishing Undocumented Immigrant Students, Katie Annand

UC Law Journal

An estimated 50,000 to 65,000 undocumented immigrant students graduate from high schools in the United States each year. Yet, upon reaching graduation, undocumented immigrant students, who oftentimes grew up in the United States and consider this country their home, face significant obstacles: current federal laws effectively bar access to higher education for many of these students by imposing substantial financial barriers and by preventing these students from obtaining legal residency, foreclosing federal financial aid and many career options requiring work authorization.

Legislators have responded to student efforts to seek equal access to higher education by proposing the DREAM Act. This …

Retro Models Of The Cisplatin-Dna Cross-Link With Carrier Ligands Having Sp2 N-Donor Triazine Rings, Vidhi Maheshwari

LSU Doctoral Dissertations

Rapid rotation of guanine base derivatives about Pt–N7 bonds results in fluxional behavior of models of the key DNA intrastrand G–G cross-link leading to anticancer activity of Pt(II) drugs (G = deoxyguanosine). This behavior impedes the characterization of LPtG2 models (L = one bidentate or two cis-unidentate carrier ligands; G = guanine derivative). The objective of this study is to understand the types of conformers formed as L is systematically varied. This work, relevant to Pt(II) anticancer drugs, has evolved from published studies with sp3 N-ligands (e.g., 2,2'-bipiperidine), to C2 symmetrical or unsymmetrical sp2 N-ligands having pyridine and/or triazine rings. …

Unifying Disparate Treatment (Really), Martin J. Katz

UC Law Journal

At first glance disparate treatment law seems simple: an adverse employment action (such as a firing) is illegal where that action occurs "because of" a characteristic that is statutorily protected (such as race or sex). Despite this apparent simplicity, this Article points out that there are currently three distinct frameworks for proving disparate treatment. The difficulties are compounded by the fact that each framework places different burdens of proof on the plaintiff and defendant. So which framework applies in given situations? This Article first discusses the different frameworks and how they are applied, then proceeds to explain why the fragmented …

Book Review. Einhorn, Robin L., American Taxation, American Slavery, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Personal Jurisdiction In The Ninth Circuit, Peter Singleton

UC Law Journal

Personal jurisdiction is an area of unquestioned doctrinal significance. Personal jurisdiction is also of great practical importance to litigators, as well as to the trial court judges who need to apply personal jurisdiction doctrines to cases brought before them.

The Ninth Circuit has issued dozens of published personal jurisdiction opinions which have continuing precedential significance. This body of case law, while often well argued and well-reasoned, is at times confusing and even conflicting. This presents substantial problems for Ninth Circuit panels attempting to follow precedent, let alone for district courts who are attempting to apply the law, litigators attempting to …

Documenting Gender, Dean Spade

UC Law Journal

This Article provides an analysis of gender reclassification policies- policies which determine when an administrative agency will change an individual's gender marker on its records-in three contexts: policies related to gender markers on identification documents, policies related to placement in sex-segregated facilities, and policies related to the state provision of health care that is prohibited based on the gender on record for the person seeking coverage. The Article looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification and to ask whether the assumed usefulness of gender tracking …

Preventive Tax Policy: Chief Justice Roger J. Traynor's Tax Philosophy, Mirit Eyal-Cohen

UC Law Journal

Justice Roger J. Traynor is best known for his judicial innovations in the fields of conflict of laws, product liability, and civil procedure. However, few would trace Traynor's roots to the field of tax law. In the late 193os, Traynor and Stanley S. Surrey, one of our nation's foremost authorities on federal tax law, worked together to propose a substantial transformation of existing mechanisms for settling tax disputes. At what was a crucial time in the development of tax law, high marginal tax rates intensified the friction between taxpayers and the government, boosted litigation, and multiplied the number of tax …

Methods Of Judicial Selection And Their Impact On Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Combining Climate, Crash, And Highway Data For Improved Ranking Of Speed And Winter-Weather Related Crash Locations In Oregon, Christopher M. Monsere, Peter G. Bosa, Robert L. Bertini

Civil and Environmental Engineering Faculty Publications and Presentations

In recent years, the techniques for screening transportation networks to identify high crash locations have become more sophisticated. Many transportation agencies, however, lack sufficient data, either in timeliness, completeness, or accuracy to implement many of the recent advances. This paper presents the results of an empirical analysis of screening and ranking for specific crash type (speed and ice related crashes) on rural 1.6 km (1 mi) highway sections of Oregon highways. The analysis includes data generated with the extensive use of spatial techniques and incorporates climate data to enhance environmental considerations. The paper compares the results of five ranking methods—critical …

The Endless Judicial Selection Debate And Why It Matters For Judicial Independence, Charles G. Geyh

Articles by Maurer Faculty

In this overview, I begin by describing the five different systems of state judicial selection that have evolved out of a perennial struggle to strike an optimal balance between judicial independence and judicial accountability. I then explore recent developments that have intensified that struggle, before analyzing, with reference to available research, how different selection systems counter or accommodate such developments. My purpose here is not to write (another) position piece. Rather, my purpose is to step back and contextualize disputes over judicial selection with reference to the independence and accountability issues that animate them, and to isolate what we know …

Forging Fiscal Reform: Constitutional Change, Public Policy, And The Creation Of Administrative Capacity In Wisconsin, 1880-1920, Ajay K. Mehrotra

Articles by Maurer Faculty

In 1911, Wisconsin became one of the first U.S. states to adopt an effectively administered income tax. Wisconsin reformers were able to overcome several institutional barriers to create the administrative capacity necessary to assess and collect a graduated income tax that in time raised significant revenue, but did not supplant the property tax. With this limited success, the Wisconsin income tax soon became a model for other states and even the national government. In this sense, Wisconsin was a leader in forging fiscal reform. Political activists, lawmakers, and other government actors in the Badger State led a turn-of-the-century property tax …

Suspended Sediment Fluxes At An Intertidal Flat: The Shifting Influence Of Wave, Wind, Tidal, And Freshwater Forcing, Stefan A. Talke, Mark T. Stacey

Civil and Environmental Engineering Faculty Publications and Presentations

Using in situ, continuous, high frequency (8–16 Hz) measurements of velocity, suspended sediment concentration (SSC), and salinity, we investigate the factors affecting near-bed sediment flux during and after a meteorological event (cold front) on an intertidal flat in central San Francisco Bay. Hydrodynamic forcing occurs over many frequency bands including wind wave, ocean swell, seiching (500–1000 s), tidal, and infra-tidal frequencies, and varies greatly over the time scale of hours and days. Sediment fluxes occur primarily due to variations in flow and SSC at three different scales: residual (tidally averaged), tidal, and seiching. During the meteorological event, sediment fluxes are …

Anecdotal Forensics, Phrenology, And Other Abject Lessons From The History Of Science, David L. Faigman

UC Law Journal

Many of the forensic identification sciences-including, among others, latent fingerprints, firearms, handwriting, and bitemarks- have little or no scientific foundation underlying them. They are largely based on anecdotal experience and supposition. In this way, "anecdotal forensics" closely resemble other historical failures of science, such as phrenology. Like phrenology, anecdotal forensics are based on inductive experience, have not been subjected to systematic tests, conform to expectations, "prove" what is already presumed to be known, and seem to have great practical utility for society. A century from now, however, the anecdotally-based beliefs of forensic experts are likely to survive much as phrenology …

Duty Issues In The Ever-Changing World Of Payments Processing: Is It Time For New Rules?, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

Inferences, Arguments, And Second Generation Forensic Evidence, Erin Murphy

UC Law Journal

Advances in scientific and technological evidence have resulted in a new, "second generation" of forensic proof characterized by its high degree of probativeness and mechanical sophistication. Methods such as DNA typing are already in widespread use in the criminal justice system, and law enforcement may soon have available other biometric techniques, global locators, or even reliable lie detection systems.

The promise and allure of such forms of forensic evidence lie in its high degree of accuracy. But the perception that such evidence is infallible has resulted in an increasing number of instances in which the government has sought to bolster …

"Good" Science Gone Bad: How The Criminal Justice System Can Redress The Impact Of Flawed Forensics, Jessica D. Gable, Margaret D. Wilkinson

UC Law Journal

What can the criminal justice system do when "good" science goes bad? This article provides an answer to that question in three parts. First, this article looks at the inability of certain fields of forensic science to produce reliable results. Second, it discusses problems with the current methods of challenging convictions based on unreliable science. Finally, it proposes a new framework to better enable prisoners to seek review of such convictions. What this article does not do is propose ways to prevent wrongful convictions in the future. We recognize that many issues, including the standards governing the admissibility of forensic …

The Philosophy Of Forensic Scientific Identification, Allan Jamieson

UC Law Journal

This paper outlines a convenient categorization of the means by which evidence moves from crime scene to court; the forensic process. This process is proposed to include; Protection, Recording, Collection, Analysis, Interpretation, Evaluation, and Presentation.

A rational scientific approach to the process is discussed in terms of a cycle of observation, and hypothesis building and testing. The matching process, common to almost all forensic sciences, is assessed in the forensic and scientific contexts. Particular emphasis is recommended to differentiate between the processes of interpretation and evaluation. 'Interpretation' is proposed to be the results of the analytical process with no case-dependent …

Fingerprint Error Rates And Proficiency Tests: What They Are And Why They Matter, Jonathan J. Koehler

UC Law Journal

The reliability and probative value of a reported fingerprint match at trial is inextricably linked to the rate at which fingerprint examiners make errors. Therefore, it is important that jurors and other legal actors have valid information about the different types of errors, error rates, and scientific tests that can assist with error rate estimates. There is much confusion surrounding these issues and this paper addresses each using a question- and-answer style. Specifically, I describe the different types of errors (e.g., false positives, false negatives, and false alarms) and error rates, explain why they matter, and discuss how we might …

Signature Identification In The Light Of Science And Experience, Roger C. Park

UC Law Journal

The Daubert case encourages judges to ask whether forensic identification expertise is valid, not merely whether it is accepted among practitioners. The example of DNA has shown what real science can do, and has highlighted the shortcomings of other forms of forensic science. The combined effect of Daubert and DNA has contributed to skepticism about forensic identification techniques. This skepticism may lead to exclusion of evidence or to procedural limits aimed at making the expertise more trustworthy or preventing it from having undue weight. I will discuss these two alternatives in the context of the specific forensic problem of signature …

The Temporal Dimension Of Land Pollution: Another Perspective On Applying The Breaking The Logjam Principles To Waste Management, John S. Applegate

Articles by Maurer Faculty

Unlike air and water pollution, pollution from dangerous solid and liquid wastes on land remains a relatively concentrated, active hazard for long periods of time. Uncontrolled, land pollution moves through the environment slowly and often without significant diminution of toxicity. Persistence, in fact, is often regarded as the defining quality of dangerous land pollutants. Hazardous and nuclear waste regulation is very much concerned with the problem of maintaining the isolation of solid and liquid materials over decades, centuries, and even millennia, and, the author argues, there is good reason to believe that waste management practices and institutions are not well …