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Articles 1 - 30 of 130
Full-Text Articles in Law
Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg
Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg
Faculty Publications
California criminal justice agencies need access to data in order to provide security, health care treatment, and appropriate programming, as well as to coordinate these activities with other agencies. By the same token, outside agencies—whether criminal, social service, or non-governmental—could often do their jobs more effectively with access to information generated or retained within particular criminal justice agencies. Criminal justice realignment under AB 109 has only heightened the need for inter-agency data sharing and cooperation, yet there continue to be misunderstandings about the legal framework surrounding information exchange.
This Article aims to provide a basic, practical background on the legal …
Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin
Baldwin V. Sebelius - Brief For Appellants, Steve Baldwin
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Sissel V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
"The People" Of The Second Amendment: Citizenship And The Right To Bear Arms, Pratheepan Gulasekaram
"The People" Of The Second Amendment: Citizenship And The Right To Bear Arms, Pratheepan Gulasekaram
Faculty Publications
The Supreme Court's recent Second Amendment decision, District of Columbia v. Heller asserts that the Constitution's right to bear arms is an individual right to armed self-defense held by law-abiding “citizens.” This Article examines the implications of this description, concluding that the Second Amendment cannot concurrently be a right of armed self-defense and restricted to citizens. The Article proceeds in three parts. First, it analyzes the term "the people" as it has been interpreted in recent Court cases. The Article concludes that constitutional text and Supreme Court jurisprudence provide no sustainable basis to believe the Second Amendment is limited …
Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh
Brave New Eugenics: Regulating Assisted Reproductive Technologies In The Name Of Better Babies, Kerry L. Macintosh
Faculty Publications
Infertile men and women have been using assisted reproductive technologies (ART) to conceive children since the first "test-tube baby" was born in 1978. During the past decade, however, the federal government has begun to clamp down on ART, asserting safety concerns as grounds forbanning novel technologies such as cloning, nuclear transfer, and ooplasm transfer.
Some scholars and policymakers now want to extend governmental regulation to include conventional ART such as in vitro fertilization (IVF) and intracytoplasmic sperm injection (ICSI). They claim children conceived through ART face an increased risk of birth defects and other health problems.
This Article examines the …
Seven-Sky V. Holder - U.S. Reply Brief, Eric Holder
Seven-Sky V. Holder - U.S. Reply Brief, Eric Holder
Patient Protection and Affordable Care Act Litigation
No abstract provided.
‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack
‘The Grass That Gets Trampled When Elephants Fight’: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack
Faculty Publications
This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution …
Seven-Sky V. Holder - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, Susan Seven-Sky, American Center For Law & Justice
Seven-Sky V. Holder - Plaintiffs' Memorandum In Opposition To Motion To Dismiss, Susan Seven-Sky, American Center For Law & Justice
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Baldwin V. Sebelius - District Court Opinion, United States District Court For The Southern District Of California
Baldwin V. Sebelius - District Court Opinion, United States District Court For The Southern District Of California
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Coons V. Geithner - Original Complaint, Nick Coons
Coons V. Geithner - Original Complaint, Nick Coons
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida
Florida V. Hhs - States Memorandum In Opposition To Defendants' Motion To Dismiss, State Of Florida
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Virginia V. Sebelius - Opinion Denying Motion To Dismiss, United States District Court For The Eastern District Of Virginia
Virginia V. Sebelius - Opinion Denying Motion To Dismiss, United States District Court For The Eastern District Of Virginia
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Seven-Sky V. Holder - U.S. Motion To Dismiss, Eric Holder
Seven-Sky V. Holder - U.S. Motion To Dismiss, Eric Holder
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Sissel V. Hhs - Original Complaint, Matt Sissel
Sissel V. Hhs - Original Complaint, Matt Sissel
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Kinder V. Geithner - Original Complaint, Peter Kinder
Kinder V. Geithner - Original Complaint, Peter Kinder
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Seven-Sky V. Holder - Amended Complaint, Susan Seven-Sky
Seven-Sky V. Holder - Amended Complaint, Susan Seven-Sky
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Financial Options In The Real World: An Economic And Tax Analysis, David M. Hasen
Financial Options In The Real World: An Economic And Tax Analysis, David M. Hasen
Faculty Publications
Many of the consequences of issuing and purchasing options on publicly traded property have been well understood since Black and Scholes developed a model for option pricing. No model of options, however, provides an accurate economic analysis of the actual transactions that issuers and purchasers engage in when options are bought and sold. One consequenceof this gap in understanding is that the rules for taxing options remain poorly developed. This Article provides a transactional analysis of option sales for the first time. The focus is on covered options, but the analysis also has implications for options in which the underlying …
Florida V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Florida V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services
Patient Protection and Affordable Care Act Litigation
No abstract provided.
Proposed Combination Of Comcast And Nbc-Universal, Allen S. Hammond Iv, United States House Of Representatives, Committee On The Judiciary
Proposed Combination Of Comcast And Nbc-Universal, Allen S. Hammond Iv, United States House Of Representatives, Committee On The Judiciary
Faculty Publications
Hammond's testimony begins on p. 124.
Six Cases In Search Of A Decision: The Story Of In Re Marriage Cases, Jean C. Love, Patricia A. Cain
Six Cases In Search Of A Decision: The Story Of In Re Marriage Cases, Jean C. Love, Patricia A. Cain
Faculty Publications
This chapter will appear in the book, Women and the Law Stories, to be published by Foundation Press (Elizabeth Schneider and Stephanie Wildman, eds.) in fall 2010. The chapter provides historical context for the groundbreaking decision in In re Marriage Cases, which, for a time at least, provided marriage equality for same-sex couples in the State of California. The authors discuss the development of the state constitution, the extension of its equality provisions to protect women, the California Supreme Court’s historic ruling in 1948 that extended marriage equality to interracial couples, and the state’s unique history in the advancement of …
The Synergistic Evolution Of Liberty And Equality In The Marriage Cases Brought By Same-Sex Couples In State Courts, Jean C. Love
The Synergistic Evolution Of Liberty And Equality In The Marriage Cases Brought By Same-Sex Couples In State Courts, Jean C. Love
Faculty Publications
Legal scholars have expressed varying views about the roles of liberty and equality in the area of lesbian and gay rights. Some have encouraged gay rights litigators to stress one form of argument over the other. At least one commentator, Pamela Karlan, has suggested that looking at the issue through the lenses of both the due process clause and the equal protection clause simultaneously can have synergistic effects, producing results that neither clause might reach by itself. This article examines selected marriage cases brought by same-sex couples in state courts in order to understand the role played by liberty and …
Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak
Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso
Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google
Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer
Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano
Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano
Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien
Vol. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?