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2008

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Articles 26311 - 26340 of 29316

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Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs Jan 2008

Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs

UC Law Journal of Race and Economic Justice

Since 2003, the Oakland, California unit of Social Security's Cooperative Disability Investigations program has targeted certain Cambodian refugee applicants with Post-Traumatic Stress Disorder and Depression for fraud investigations. The practices of Social Security's anti-fraud program in Oakland reveal disturbing disadvantages to Cambodian refugee applicants in particular, including institutional prejudices in Social Security's rules and Cooperative Disability Investigative agents' gross insensitivity to claimants' impairments and cultural realities. This note examines these disadvantages under the legal norms of national origin discrimination, disability discrimination, and due process, and concludes with a policy proposal on how Social Security might better protect claimants' rights and …

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The Legal Status Of Hijab In The United States: A Look At The Sociopolitical Influences On The Legal Right To Wear The Muslim Headscarf, Aliah Abdo Jan 2008

The Legal Status Of Hijab In The United States: A Look At The Sociopolitical Influences On The Legal Right To Wear The Muslim Headscarf, Aliah Abdo

UC Law Journal of Race and Economic Justice

The First Amendment of the United States Constitution guarantees freedom of religion, however the current sociopolitical and legal climate has allowed for various restrictions on hijab, the headscarf worn by Muslim women. This note surveys recent restrictions and bans affecting the wearing of hijab in educational settings, employment, prison entry, state driver license photos, athletic competitions, airports, and in court, noting an alarming trend both internationally and domestically. The author suggests that the justifications associated with actions against hijab are merely pretextual and that these actions are often based on misconceptions and misunderstandings surrounding hijab, the Muslim community, and the …

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Tracking Human Faecal Contamination In Tropical Reservoirs In Puerto Rico, José A. Amador, David Sotomayor-Ramírez, Gustavo Martínez, Lixian Chen, Dave Bachoon Jan 2008

Tracking Human Faecal Contamination In Tropical Reservoirs In Puerto Rico, José A. Amador, David Sotomayor-Ramírez, Gustavo Martínez, Lixian Chen, Dave Bachoon

Faculty and Staff Works

Using a combination of chemical and microbiological (culture-dependent and -independent) approaches, sources of human faecal contamination were identified in two water reservoirs in Puerto Rico - Guajataca and La Plata. Fluorescence from optical brighteners (OB) - commonly found in laundry detergents - was used as an indicator of contamination from septic systems and other household discharges. Traditional indicators of faecal contamination (e.g. Escherichia coli; faecal enterococci) were enumerated, and human faecal contamination was confirmed through detection of Bifidobacterium adolescentis utilizing polymerase chain reaction (PCR)-based analyses. For Guajataca Reservoir, four of 19 sampling sites (21%) were positive for the presence of …

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Flora, Not Fauna: Gm Culture And Agriculture, Susan Mchugh Jan 2008

Flora, Not Fauna: Gm Culture And Agriculture, Susan Mchugh

English Faculty Publications

No abstract provided.

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Waive Fmla Claims And Wave Goodbye To Statutory Protection: Allowing Employees To Waive The Right To Sue Takes The Teeth Out Of The Family And Medical Leave Act, Abbey M. Glenn Jan 2008

Waive Fmla Claims And Wave Goodbye To Statutory Protection: Allowing Employees To Waive The Right To Sue Takes The Teeth Out Of The Family And Medical Leave Act, Abbey M. Glenn

University of San Francisco Law Review

This Comment argues that in order to fulfill the purposes of the Family and Medical Leave Act, courts should adopt a per se rule barring employer-employee agreements in which employees waive their right to pursue a claim alleging an FMLA violation.

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Are Law Schools Racist?: A "Talk" With Richard Delgado, Dan Subotnik Jan 2008

Are Law Schools Racist?: A "Talk" With Richard Delgado, Dan Subotnik

University of San Francisco Law Review

A discussion about race in law schools

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The Employee Free Choice Act Of 2009, Labor Law Reform, And What Can Be Done About The Broken System Of Labor-Management Relations Law In The United States, William B. Gould Iv Jan 2008

The Employee Free Choice Act Of 2009, Labor Law Reform, And What Can Be Done About The Broken System Of Labor-Management Relations Law In The United States, William B. Gould Iv

University of San Francisco Law Review

This Article reviews the Employee Free Choice Act and proposes expedited elections as well as other proposals

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Erisa's Full And Fair Review: Access To Appeal-Level Documents During The Course Of An Administrative Appeal, Brian C. Gilmore Jan 2008

Erisa's Full And Fair Review: Access To Appeal-Level Documents During The Course Of An Administrative Appeal, Brian C. Gilmore

University of San Francisco Law Review

This Comment argues that a bright-line rule that does not require access to documents during the appeal is most efficient and beneficial to the parties and is consistent with the Department of Labor's intent

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Reimagining Workers' Human Rights: Transformative Organizing For A Socially Aware Global Economy, Dean Hubbard Jan 2008

Reimagining Workers' Human Rights: Transformative Organizing For A Socially Aware Global Economy, Dean Hubbard

UC Law Journal of Race and Economic Justice

This article illustrates a strategy to reconceptualize workers' rights activism to achieve systematic transformation of the global political economy emphasizing the disproportionate toll of neo-liberal economics on women, poor people, and people of color. The first section demonstrates the way in which existing structures in international human rights law can work to provide a normative foundation to this goal. The second section emphasizes the essential next step toward reaching this transformation in what the author terms, Socially Aware Global Economy (SAGE) organizing. SAGE organizing first, reimagines the labor movement through grass roots, transnational organizing, second, revitalizes economic human rights law …

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The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller Jan 2008

The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller

UC Law Journal of Race and Economic Justice

In November of 2002 San Francisco voters approved Proposition N, titled Care Not Cash, with the intent that it would reduce homelessness and improve the health and welfare of homeless persons receiving General Assistance. This note examines the effectiveness of Care Not Cash in combating homelessness and in achieving its promise of services and aid with the curtailment of General Assistance. In evaluating Care Not Cash's effectiveness, the author reviews homeless assistance programs employed by cities and municipalities throughout the United States. Additionally, the author explores alternative homeless outreach programs currently existent in San Francisco which have been effective in …

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Challenges Of Tough Love: Examining San Francisco's Community Justice Center And Evaluating Its Prospects For Success, Todd W. Daloz Jan 2008

Challenges Of Tough Love: Examining San Francisco's Community Justice Center And Evaluating Its Prospects For Success, Todd W. Daloz

UC Law Journal of Race and Economic Justice

Decaying urban neighborhoods are a reality in cities across the United States. As various local governments work to improve the quality of life for the residents of such areas through increased law enforcement, many have come up against the limitations of the criminal justice system as a tool for change. This note examines the history and challenges of quality-of-life ordinances and the growth and development of community courts as a reaction to ineffective urban courts and as a structure for enabling change. The author focuses specifically on the new community justice center in San Francisco and offers an assessment of …

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Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu Jan 2008

Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu

University of San Francisco Law Review

This Comment argues that the Ninth Circuit was mistaken in concluding that Jespersen fell outside of the Supreme Court's rule on sex-stereotyping discrimination under Title VII of the Civil Rights Act of 1964.

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Race And Religion In The United Nations Committee On The Elimination Of Racial Discrimination, José A. Lindgren Alves Jan 2008

Race And Religion In The United Nations Committee On The Elimination Of Racial Discrimination, José A. Lindgren Alves

University of San Francisco Law Review

This Article analyzes the work of CERD in the area of religion, a field which, by definition, would not necessarily be covered by the mandate of a committee devoted to the eradication of racism and racial discrimination. Notwithstanding this difference of scope, to the extent that, in the contemporary world, race and religion appear increasingly interwoven, the work of CERD on religion has gradually become accepted and considered necessary.

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The Fallacy Of Mandating Contraceptive Equity: Why Laws That Protect Women With Health Insurance Deepen Institutional Discrimination, Phyra M. Mccandless Jan 2008

The Fallacy Of Mandating Contraceptive Equity: Why Laws That Protect Women With Health Insurance Deepen Institutional Discrimination, Phyra M. Mccandless

University of San Francisco Law Review

This Comment takes a close look at the United States' approach to health insurance and various unsuccessful efforts at broadening the health care choices of American women in the form of contraceptive equity laws.

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Sentencing Our Children To Die In Prison: Global Law And Practice, Connie De La Vega, Michelle Leighton Jan 2008

Sentencing Our Children To Die In Prison: Global Law And Practice, Connie De La Vega, Michelle Leighton

University of San Francisco Law Review

This Article focuses on the sentencing of child offenders to a term of life imprisonment without the possibility of release or parole ("LWOP"). These are children convicted of crimes when younger than eighteen years of age, as defined by the international standards contained in the U.N. Convention on the Rights of the Child.

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Free Trade Versus Fair Trade, John Stencel Jan 2008

Free Trade Versus Fair Trade, John Stencel

Denver Journal of International Law & Policy

No abstract provided.

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Born Free Yet Everywhere In Chains: Global Slavery In The Twenty-First Century, Ranee Khoohsie Lal Panjabi Jan 2008

Born Free Yet Everywhere In Chains: Global Slavery In The Twenty-First Century, Ranee Khoohsie Lal Panjabi

Denver Journal of International Law & Policy

No abstract provided.

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Shared But Differentiated Responsibility: Integration International Obligations In Fight Against Trafficking In Human Beings, Anna Gekht Jan 2008

Shared But Differentiated Responsibility: Integration International Obligations In Fight Against Trafficking In Human Beings, Anna Gekht

Denver Journal of International Law & Policy

No abstract provided.

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Vol. 37, No. 1: Full Issue, Denver Journal Of International Law & Policy Jan 2008

Vol. 37, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

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Counting Casualties In The War On Prisoners, Craig Haney Jan 2008

Counting Casualties In The War On Prisoners, Craig Haney

University of San Francisco Law Review

This article decribes prision overcrowding and "The War on Prisoners" - how the nation's criminal justice system was devoted to dispensing punishment and inflicting pain as a matter of policy.

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The Incarceration Of Women In California, Angela Wolf, Barbara E. Bloom, Barry A. Krisberg Jan 2008

The Incarceration Of Women In California, Angela Wolf, Barbara E. Bloom, Barry A. Krisberg

University of San Francisco Law Review

This articles addresses why the California prison system needs broad reform aimed toward providing female offenders the support structure necessary to maximize their opportunities for success.

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Georgia Is A Peach For Insured's Right To Diminished Value, Katy M. Young Jan 2008

Georgia Is A Peach For Insured's Right To Diminished Value, Katy M. Young

University of San Francisco Law Review

This Comment discusses the basic framework that courts use in interpreting insurance contracts, shows how courts have used basic contract interpretation principles to deny coverage for diminished value damages, study the Georgia law and why Georgia has it right.

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Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer Jan 2008

Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer

School of Law Faculty Publications

Although the seeds of democracy and democratic tort reform were sown well before America’s founding, neither began to blossom until after the Second World War. Democratic progress from the 1950s to the 1970s led to, and was in part consolidated by, progressive developments in tort law during the same period. Unfortunately, the last quarter century has been a period of democratic decay in America and just as the revolution in tort law was bound up with democratic progress, the counter-revolution in tort law has tracked and reinforced the waning of American democracy since the 1980s. Although a few authors have …

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Raise Your Profile: Build Your Program, Jennifer Nutefall, Deborah Gaspar Jan 2008

Raise Your Profile: Build Your Program, Jennifer Nutefall, Deborah Gaspar

University Libraries Publications

To raise the library's profile within the campus community, it is critical to create a strategic plan and align library goals with those of the university. At George Washington University's Gelman Library, the instruction librarians gained internal and external support to hire two new instruction librarians to better support collaboration with the new university writing program. The library then used assessment data to successfully advocate for an additional two positions.

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Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl Jan 2008

Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl

Marquette Law Review

No abstract provided.

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Design Of A Rainwater Collection System For Irrigation Purposes, Philip Gates, Libby Gravatt, Tyler Mellos, Alex Miller, Dario Turjanski Jan 2008

Design Of A Rainwater Collection System For Irrigation Purposes, Philip Gates, Libby Gravatt, Tyler Mellos, Alex Miller, Dario Turjanski

Engineering Senior Design Reports

A rainwater collection system implemented in a small community garden in San Antonio proposes to operate as efficiently as possible. The original design problem and proposed solution are discussed, and the construction process and the final design are evaluated. A set of experiments was conducted to help determine specific building parameters that would be included in the final design. Once built, the system successfully completed the major goal, to distribute water through a garden plot, by employing each of the other system components. The drip hoses, on average, flowed at 0.64 GPH/ft which is higher than our minimum of 0.45 …

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The Causal Nexus Doctrine: A Further Limitation On The Employer's Ada Duty Of Reasonable Accommodation In The Seventh Circuit, James M. Carroll Jan 2008

The Causal Nexus Doctrine: A Further Limitation On The Employer's Ada Duty Of Reasonable Accommodation In The Seventh Circuit, James M. Carroll

Marquette Law Review

No abstract provided.

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What's So Fair About The Fair And Accurate Credit Transactions Act?, Michael E. Chaplin Jan 2008

What's So Fair About The Fair And Accurate Credit Transactions Act?, Michael E. Chaplin

Marquette Law Review

None

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How Tribe And State Cooperative Agreements Can Save The Adam Walsh Act From Encroaching On Tribal Sovereignty, Brian P. Dimmer Jan 2008

How Tribe And State Cooperative Agreements Can Save The Adam Walsh Act From Encroaching On Tribal Sovereignty, Brian P. Dimmer

Marquette Law Review

None

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Informational Outline: The Blue Foundation For A Healthy Florida Technical Assistance For Request For Proposals, The Blue Foundation For A Healthy Florida Jan 2008

Informational Outline: The Blue Foundation For A Healthy Florida Technical Assistance For Request For Proposals, The Blue Foundation For A Healthy Florida

Florida Blue Archives Printed Materials

No abstract provided.

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