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2010

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Articles 30031 - 30045 of 30045

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Implicit Bias And The Illusion Of Mediator Neutrality, Carol L. Izumi Jan 2010

Implicit Bias And The Illusion Of Mediator Neutrality, Carol L. Izumi

Faculty Scholarship

No abstract provided.


Freedom Meador Lecture Series 2009-2010: Freedom, Kenneth M. Rosen Jan 2010

Freedom Meador Lecture Series 2009-2010: Freedom, Kenneth M. Rosen

Articles

No abstract provided.


Toward A General Theory Of Standards Of Proof, Fredrick E. Vars Jan 2010

Toward A General Theory Of Standards Of Proof, Fredrick E. Vars

Articles

Which standard of proof is best for a particular type of case This deceptively simple question has been much discussed but the current state of understanding is unsatisfactory Statisticians posed a general answer philosophers and others launched an assault on that answer practically oriented scholars draw on both strains unsystematically and courts generally offer little or no reasoning for their decisions The goal of this article is to outline a systematic and complete justification for selecting one probabilistic standard of proof over another By training a microscope on one small corner of the law incapacity will contests this article demonstrates …


Rodrigo's Reconsideration: Intersectionality And The Future Of Critical Race Theory, Richard Delgado Jan 2010

Rodrigo's Reconsideration: Intersectionality And The Future Of Critical Race Theory, Richard Delgado

Articles

No abstract provided.


Declaratory Relief After Medimmune, David I. Levine, Charles E. Belle Jan 2010

Declaratory Relief After Medimmune, David I. Levine, Charles E. Belle

Faculty Scholarship

No abstract provided.


Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary Jan 2010

Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary

Articles

Recent decisions--all relying on a stylized example first provided by the Ortho court--hold that a multi-product seller that uses a bundled discount in a way that excludes an equally or more efficient competitor engages in predatory bundling. According to these decisions, a bundle can be considered “predatory” even when the price of the bundle exceeds its cost. This Article shows that the Ortho court's stylized example and its monopoly leveraging theory are erroneous. This Article further demonstrates that even when a bundle's price excludes more efficient competitors and even when a component in the bundle is priced below cost, and …


Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts Jan 2010

Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts

Faculty Scholarship

No abstract provided.


Gender Rules, Meredith M. Render Jan 2010

Gender Rules, Meredith M. Render

Articles

Sex stereotypes are of perennial concern within antidiscrimination law and theory, yet there is widespread disagreement about what constitutes a "sex stereotype." This Article enters the debate surrounding the correct understanding of "stereotype" and posits that the concept is too thin to serve as a criterion for distinguishing "discriminatory" gender generalizations from non-discriminatory, probabilistic descriptions of behavior. Instead, "stereotype" is a heuristic that has been used by courts and commentators to crudely capture judgments about the justness of applying sex-respecting rules. In this light, the Article argues that the stereotype heuristic should be abandoned in favor of a rule-centered analysis …


Sentencing Reform In California, Aaron J. Rappaport Jan 2010

Sentencing Reform In California, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske Jan 2010

Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske

Faculty Scholarship

No abstract provided.


Crafting An Amnesty With Traditional Tools Registration And Cancellation, Richard A. Boswell Jan 2010

Crafting An Amnesty With Traditional Tools Registration And Cancellation, Richard A. Boswell

Faculty Scholarship

No abstract provided.


The Excessive Entanglement Of Politics, Law And Religion Review Essay, Bryan K. Fair Jan 2010

The Excessive Entanglement Of Politics, Law And Religion Review Essay, Bryan K. Fair

Essays, Reviews, and Shorter Works

No abstract provided.


Taxpayer Choice In Legal Transitions, Heather M. Field Jan 2010

Taxpayer Choice In Legal Transitions, Heather M. Field

Faculty Scholarship

No abstract provided.


Officially Immune? A Response To Bradley And Goldsmith, Chimene Keitner Jan 2010

Officially Immune? A Response To Bradley And Goldsmith, Chimene Keitner

Faculty Scholarship

No abstract provided.


A Short History Of Gender Asylum In The United States Resistance And Ambivalence May Very Slowly Be Inching Towards Recognition Of Women's Claims, Karen Musalo Jan 2010

A Short History Of Gender Asylum In The United States Resistance And Ambivalence May Very Slowly Be Inching Towards Recognition Of Women's Claims, Karen Musalo

Faculty Scholarship

No abstract provided.