Law Commons^™

Slaves To Fashion: A Thirteenth Amendment Litigation Strategy To Abolish Sweatshops In The Garment Industry, Samantha C. Halem

San Diego Law Review

Viewed as a relic of a bygone era, modem legal teaching largely ignores the Thirteenth Amendment. Few constitutional law textbooks give it any more than a passing glance.' After all, slavery was abolished in the United States in 1863. While it is true that some scholars have suggested new applications for the Civil War Amendment legal practitioners have found few practical applications. This Article proposes a real world application of the Thirteenth Amendment to a current real world problem. Legal practitioners have under-utilized the Thirteenth Amendment. They should employ the Thirteenth Amendment as a valuable tool for fighting slavery and …

California's Attempts To Disarm The Black Panthers, Cynthia Deitle Leonardatos

San Diego Law Review

When the Black Panthers screamed of an armed black populace on the verge of a revolution in 1966, the California Legislature responded with a gun control statute. While many journal articles have been written on the topic of race and guns, none have examined the history and motivations behind the California Legislature's decision to enact a gun control statute in 1967 for the purpose of disarming the members of the Black Panther Party. This Article examines and analyzes this particular California law to enhance the Second Amendment literature on the topic of discriminatory gun control statutes. Accordingly, Part II of …

Must Post-Termination Procedural Due Process Include A Full, Trial-Like Evidentiary Hearing? A Critique Of Townsel V. San Diego Metropolitan Transit Development Board

San Diego Law Review

The due process clause of the Fourteenth Amendment has been held to prohibit the deprivation of a constitutionally protected property interest without "appropriate procedural safeguards."' The California Court of Appeal for the Fourth District recently decided what procedural safeguards were appropriate for a post-termination hearing following the discharge of a public employee. In Townsel v. San Diego Metropolitan Transit Development Board, the court held that all public employees removable only for cause are entitled to a full, trial-like post-termination evidentiary hearing where the government employer must prove its case against the discharged employee. This Casenote questions the Townsel court's holding.

Employer Liability For Harassment Under Title Vii: A Functional Rationale For Faragher And Ellerth, Michael C. Harper

San Diego Law Review

In two decisions concerning sexual harassment, Faragher v. City of Boca Raton' and Burlington Industries, Inc. v. Ellerth, The Supreme Court, on the last day of its 1997-1998 term finally articulated coherent vicarious liability rules critical for bounding the scope of the discrimination prohibitions in Title VII of the Civil Rights Act of 1964. The Court did so by explaining the meaning of the inclusion of "any agent" in Title VII's definition of "employer.'" The meaning of "agent" in this definition is critical for establishing employer liability because almost all Title VII-protected employees work for corporations and other legal fictions …

The First Women Members Of The Supreme Court Bar, 1879-1900, Mary L. Clark

San Diego Law Review

In 1879, Belva A. Lockwood of Washington, D.C., became the first woman member of the bar of the U. S. Supreme Court. Lockwood had applied for admission to the bar three years earlier, but had been refused on the ground that no woman had ever been admitted and thus there was no precedent for women's admission. Not easily defeated, Lockwood lobbied Congress to amend the rules governing admission of attorneys to the Supreme Court bar to allow for women as well as men. In February, 1879, Congress adopted "an Act to relieve certain legal disabilities of women," which authorized women …

Practice Makes Perfect: Reasonable Accommodation Of Law Students With Disabilities In Clinical Placements, Sande L. Buhai

San Diego Law Review

Clinical legal education provides exceptional benefits to law students.' It is one of the best ways that law students can begin to: (1) identify which type of law they wish to practice, (2) make connections in the legal field to foster future employment opportunities, (3) develop mentoring relationships, (4) learn many important skills, and (5) learn professional responsibility and competence. These benefits directly translate into increased opportunities for successful employment upon graduation.

Jerry-Building The Road To The Future: An Evaluation Of The White Commission Report On Structural Alternatives For The Federal Courts Of Appeals, Joseph N. Akrotirianakis, Paul Garo Arshagouni, Zareh A. Jalotorssian

San Diego Law Review

For years, critics have argued that the United States Court of Appeals for the Ninth Circuit should be divided because it has grown too large to manage its caseload effectively.' They blame the Ninth Circuit's size for alleged increases in intra-circuit conflicts, inefficiency, delay, and a lack of collegiality among its judges.! In recent years, conservative

congressmen in the Pacific Northwest have criticized the San Francisco- based circuit for its "liberal" rulings on everything from the environment

to the death penalty?

The Future Of Bioethics Testimony: Guidelines For Determining Qualifications, Reliability, And Helpfulness, Bethany Spielman, George Agich

San Diego Law Review

This Article addresses key questions about expert bioethics testimony4 from within the framework of the basic rule concerning expert witnesses, Federal Rule of Evidence 702.' This Rule6 requires judges to affirmatively answer three basic questions before admitting expert testimony: (1) does this witness qualify as an expert by knowledge, skill, experience, training, or education; (2) does the testimony consist of scientific, technical or other specialized knowledge; and (3) will the testimony assist the trier of fact. Bioethics testimony presents distinctive problems in each area, on which commentators have not necessarily focused. Part II of this Article addresses the question of …