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2008

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Taking It To The Bank: Actualizing Health Care Equality For San Francisco's Transgender City And County Employees, J. Denise Diskin Jan 2008

Taking It To The Bank: Actualizing Health Care Equality For San Francisco's Transgender City And County Employees, J. Denise Diskin

UC Law Journal of Race and Economic Justice

This note tracks the decision of the San Francisco Board of Supervisors and the San Francisco Health Service System Board (HSSB) to provide transition related health care coverage to its transgender city and county employees. The author evaluates the intersection of gender identity, systemic racism, classism, and homophobia within the struggle of marginalized communities to overcome health inequities and discrimination that also often lead to chronic underemployment, lower paying jobs and insufficient medical benefits. The note uncovers the realities of access to legal rights and remedies in connection to medical care for the transgender community, whose vastly diverse needs and …


No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii Jan 2008

No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii

UC Law Journal of Race and Economic Justice

Professors Oluwole and Green consider how raceconscious implementation of the No Child Left Behind Act could affect the racial achievement gap in the United States. Their article addresses challenges states and school districts are confronted with in attempting to overcome racial achievement gaps while facing decreasing budgets and mandatory procedures. They evaluate the feasibility of race-conscious school funding in the context of the Act's purposes and past challenges to school financing schemes. Professors Oluwole and Green emphasize the necessity of raceconscious school funding, both as a social justice matter and a practical matter for the future of American education.


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 …


The Effects That Mediator Styles Impose On Neutrality And Impartiality Requirements Of Mediation, Susan Nauss Exon Jan 2008

The Effects That Mediator Styles Impose On Neutrality And Impartiality Requirements Of Mediation, Susan Nauss Exon

University of San Francisco Law Review

This Article examines current laws, policies, and procedures that define and attempt to regulate the mediation field.


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.


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


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 …


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 …


On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan Jan 2008

On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan

UC Law Journal of Race and Economic Justice

This note explores racial profiling in the enforcement of federal immigration law. In consistently deferring to the judgment of immigration officers, the United States Supreme Court has vested Immigration and Customs Enforcement with broad and sweeping discretion to adopt racist law enforcement practices that would be impermissible outside of the immigration context. In doing so, the Court has taken the erroneous position that immigration proceedings are purely civil and therefore do not require the procedural protections that collectively form the pillar of the criminal justice system. A myriad of studies demonstrate that immigrants are significantly less likely than their American-born …


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.


A Right In Search Of A Coherent Rationale-Conceptualizing Persona In A Comparative Context: The United States Right Of Publicity And German Personality Rights, Ellen S. Bass Jan 2008

A Right In Search Of A Coherent Rationale-Conceptualizing Persona In A Comparative Context: The United States Right Of Publicity And German Personality Rights, Ellen S. Bass

University of San Francisco Law Review

This Comment examines United States publicity rights in light of the autonomy critique and its civil law parallel in German personality rights to argue that a publicity right based on autonomy theory is not only possible, but plausible.


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.


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.


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 …


From Paris 2005 To Accra 2008: Will Aid Become More Accountable And Effective?, International Cso Steering Group Jan 2008

From Paris 2005 To Accra 2008: Will Aid Become More Accountable And Effective?, International Cso Steering Group

Global CWD Repository

This draft position paper has been prepared by the International CSO1 Steering Group (ISG) coordinating the “CSO Parallel Process to the Ghana High Level Forum Network”. The ISG coordinating CSO Parallel Process to the Ghana High Level Forum network brings together various local, national, regional and international NGOs who are engaged in development issues, particularly the aid architecture and the aid effectiveness agenda. This network is involved in a multi-stakeholder process of engagement leading towards the High Level Forum on Aid Effectiveness, to be held in Accra, Ghana, in September 2008.


Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David S. Welkowitz, Tyler T. Ochoa Jan 2008

Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David S. Welkowitz, Tyler T. Ochoa

Saint Louis University Law Journal

No abstract provided.


Book Review, Jordan J. Paust, Beyond The Law: The Bush Administration’S Unlawful Responses In The ‘War’ On Terror (2007), Mark A. Drumbl Jan 2008

Book Review, Jordan J. Paust, Beyond The Law: The Bush Administration’S Unlawful Responses In The ‘War’ On Terror (2007), Mark A. Drumbl

Scholarly Articles

The situation at Guantánamo is one of several past and ongoing examples of what Jordan Paust calls ‘dirty war tactics' deployed by the United States in response to the 9/11 attacks. In Beyond the Law: The Bush Administration's Unlawful Responses in the ‘War’ on Terror, Professor Paust describes these ‘dirty war tactics' and claims that, in undertaking them, the Bush Administration balefully has corroded the rule of law itself.


Doc 2005-01 Revision Of Undergraduate Standards Of Conduct And Establishment Of Undergraduate Honor Pledge, University Of Dayton. Student Academic Policies Committee Jan 2008

Doc 2005-01 Revision Of Undergraduate Standards Of Conduct And Establishment Of Undergraduate Honor Pledge, University Of Dayton. Student Academic Policies Committee

Senate Documents

Official, approved document of the Academic Senate of the University of Dayton. This document was originally classified as DOC I-05-01.


The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell Jan 2008

The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell

Vanderbilt Journal of Entertainment & Technology Law

Technological advances, because they have radically lowered the costs of creating and distributing expressive works, have shaken the foundations of copyright policy. Once, those who held copyrights in sound recordings, movies, television shows, magazines, and the like could safely assume that the public would do little more than passively consume. Now, though, the masses have seized (peacefully acquired, really) the means of reproducing copyrighted works, making infringement cheap, easy, and, notwithstanding the law's dictates, widespread. Copyright holders thus understandably fear that their customers have begun to treat expressive works like common property, free for all to use. That, the specter …


Compassion, Hatred, And Free Expression, Ronald J. Rychlak Jan 2008

Compassion, Hatred, And Free Expression, Ronald J. Rychlak

MC Law Review

The 2007 Judge William C. Keady Distinguished Lecture


Recipe For Disaster: Analyzing The Interplay Between The Castle Doctrine And The Knock-And-Announce Rule After Hudson V. Michigan, G. Todd Butler Jan 2008

Recipe For Disaster: Analyzing The Interplay Between The Castle Doctrine And The Knock-And-Announce Rule After Hudson V. Michigan, G. Todd Butler

MC Law Review

Note


Integrating Web 2.0 Applications As Cognitive Tools In Second And Foreign Language Instruction, Daniela Munca Jan 2008

Integrating Web 2.0 Applications As Cognitive Tools In Second And Foreign Language Instruction, Daniela Munca

Electronic Theses and Dissertations

No abstract provided.


The Spirit Of Sport: Recreation On Montana's Reservations, 2008, University Of Montana--Missoula. School Of Journalism. Native News Honors Project Jan 2008

The Spirit Of Sport: Recreation On Montana's Reservations, 2008, University Of Montana--Missoula. School Of Journalism. Native News Honors Project

Native News Honors Project, 1992-2026

An annual publication that is reported, photographed, edited, and designed by students in the University of Montana’s School of Journalism.


Newspapers And The Internet : Past, Present & Future, Stephen Belden Jan 2008

Newspapers And The Internet : Past, Present & Future, Stephen Belden

Electronic Theses and Dissertations

No abstract provided.


Planning And Deployment Of Dynamic Web Technologies For Supporting E-Business, John A. Hines Jan 2008

Planning And Deployment Of Dynamic Web Technologies For Supporting E-Business, John A. Hines

Faculty Publications

More and more, internal applications are being moved from legacy systems into a more flexible Webbased environment. The issue concerning World Wide Web technologies is important to today’s businesses. Decision making in this area is complex and needs to consider carefully the characteristics and needs of the entities employing these technologies. It has furthermore become clear that the Internet, in particular the World Wide Web, is playing an increasingly larger role in how people communicate. Through this research, technologies used to serve dynamic Web content are compared. This comparison includes performance as well as cost issues, the things that professionals …


Pound And Imagism In The Twenty-First Century, John Gery Jan 2008

Pound And Imagism In The Twenty-First Century, John Gery

English Faculty Publications

No abstract provided.


Using Word Wall Activities In Early Childhood Classrooms, Jeanine Fox Wilker, Valerie Funk Jan 2008

Using Word Wall Activities In Early Childhood Classrooms, Jeanine Fox Wilker, Valerie Funk

Northwest Journal of Teacher Education

This article describes an action research study of student word identification. The targeted population consisted of Pre-Kindergarten students in three elementary schools located in mid-western communities. Post intervention data indicated an increase in students' word identification skills. The researchers recommended that word wall activities should be used for the implementation of improvement of word identification skills. Teachers planning to use word wall activities should determine at which rate new words would be introduced within their classroom.


European Class Actions, Michelle Parsons Jan 2008

European Class Actions, Michelle Parsons

South Carolina Journal of International Law and Business

No abstract provided.


Upping The Ante: The Unlawful Internet Gambling Enforcement Act's Noncompliance With World Trade Organization Law, Heather A. Bloom Jan 2008

Upping The Ante: The Unlawful Internet Gambling Enforcement Act's Noncompliance With World Trade Organization Law, Heather A. Bloom

South Carolina Journal of International Law and Business

No abstract provided.


A Survey Of Pennsylvania School Psychologists' Training, Knowledge And Evaluation Practice For Assessing And Diagnosing Autism Spectrum Disorders, Loren M. Pearson Jan 2008

A Survey Of Pennsylvania School Psychologists' Training, Knowledge And Evaluation Practice For Assessing And Diagnosing Autism Spectrum Disorders, Loren M. Pearson

PCOM Psychology Dissertations

The main purpose of this research was to survey Pennsylvania school psychologists regarding their training, knowledge and evaluation practices when assessing and diagnosing Autism Spectrum Disorders (ASD). A 65 question electronic survey focusing on four areas: A) training, B) knowledge, C) current practice and D) demographic information, was distributed to 908 certified school psychologists in Pennsylvania and completed by 243 respondents. Results found that school psychologists in Pennsylvania play a key role with assessment and diagnosis of ASD, yet have limited formal training in important aspects of ASD. Doctoral level school psychologists and school psychologists with the greatest number of …