Law Commons^™

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Faculty Publications

No abstract provided.

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.

Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han

Faculty Publications

The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …

Bibliography On Secession And International Law, Mary D. Hood

Faculty Publications

The purpose of this bibliography is to bring together a variety of sources as a resource for the attendees of America's Regional Conference on Secession and International Law, sponsored by the International and Comparative Law Institute of Santa Clara University School of Law in cooperation with the Consortium on International Disputes Resolution (CIDIR). Issues discussed at this conference include:

• Secession in the history of international relations;
• Right of secession in comparative constitutional law;
• Secession in present international law:
• Rules and principles of international law with regard to secession;
• Self-determination and secession;
• Minorities, "peoples" and the right to self-determination at the …

Electronic Cash - More Questions Than Answers, Kerry L. Macintosh

Faculty Publications

Remarks presented during a panel dilscussion held at the Association of American Law Schools 2001 Annual Meeting: Section on Law and Computers on the topic of electronic cash.

Patent And Copyright Term Extension And The Constitution: A Historical Perspective, Tyler T. Ochoa

Faculty Publications

No abstract provided.

Thinking About Race And Races: Reflections And Responses [Book Review], Stephanie M. Wildman

Faculty Publications

No abstract provided.

An Analysis Of The Irs’S Voluntary Disclosure Policy, Allen Madison

Faculty Publications

When a taxpayer files a fraudulent return but amends it before the IRS begins a criminal investigation, the IRS has a long-standing policy that it will not refer that taxpayer to the Department of Justice for prosecution. This policy is known as the Voluntary Disclosure Policy. Such a policy allows taxpayers who have fallen off the tax rolls to get right with the government, which in turn helps the government by increasing revenues without the expense of investigation and enforcement. Over the Policy's history, the IRS has tinkered with it, at times keeping it in written form and at other …

Altogether Fitting And Proper, Jonathan Van Patten

Faculty Publications

No abstract provided.

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law, Michael P. Scharf

Faculty Publications

The problem of defining "terrorism" has vexed the international community for years. The United Nations General Assembly has repeatedly called for the convening of an international conference to define terrorism and distinguish it from legitimate acts in furtherance of national liberation struggles.' A decade ago, representing the United States, I gave a speech in the United Nations Sixth (Legal) Committee, in which I pointed out that general definitions of terrorism "are notoriously difficult to achieve and dangerous in what all but the most perfect of definitions excludes by chance." Today, we hear calls for a renewed effort to reach international …

The Autumn After September 11 (Poem), Frank Pommersheim

Faculty Publications

No abstract provided.

Gender Based Violence As Judicial Anomaly: Between "The Truly National And The Truly Local", Deborah M. Weissman

Faculty Publications

No abstract provided.

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non-party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States actually …

Law Librarian’S Journal Over 10 Years Later, Joseph A. Custer

Faculty Publications

Jim Bouton's book Ball Four chronicled the day-to-day experiences of a baseball pitcher for one season. Ball Four inspired Fritz Snyder in 1988 to chronicle his life as a reference librarian at the University of Kansas School of Law Library for a period of one month. The author holds a position very much the same as Fritz's in the same library. This article is a description of the author's work at the reference desk for the month of June, 1999. It provides interesting insights into the ways the profession has changed and how it has stayed the same.

United States Supreme Court: 2001 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …

A Symposium Précis, Thomas E. Baker

Faculty Publications

This article is an introduction to and overview of the Drake University Law School symposium The Constitution and the Internet, held in February of 2001. It highlights important issues including the Constitution and the Internet, civil liberty and the application of a 200 year old document to the modern age of rapidly changing technology.

Confronting The Agency In Battered Mothers, Elaine M. Chiu

Faculty Publications

Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse …

Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez

Faculty Publications

This panel was cosponsored by the American Society of International Law (ASIL). The ASIL was founded in 1906 by Secretary of State Elihu Root to inform and engage the public on issues of international law. It is a nonprofit, nonpartisan membership association and research institute dedicated to providing both information about international law in all its forms and a forum for debate and discussion. This panel was one such forum. It was organized under the auspices of the ASIL Judicial Outreach Program, chaired by Justice Sandra Day O'Connor. The Judicial Outreach Program provides information resources for federal and state judiciaries. …

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications

What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …

Securites Law For The Next Millennium: A Forward-Looking Statement, Michael A. Perino

Faculty Publications

This article serves as the introduction to a symposium on the future of the securities markets and securities regulation which was held as part of St. John's University School of Law's year-long 75th anniversary celebration. The introduction serves to place the symposium in an historical context to set the stage for a discussion of the future.

The Anti-Bankruptcy Act: Revised Article 9 And Bankruptcy, G. Ray Warner

Faculty Publications

(Excerpt)

The articles in this symposium issue of the American Bankruptcy Institute Law Review attempt to analyze some of the major effects that the 1999 revision of Article 9 of the Uniform Commercial Code will have on bankruptcy law and bankruptcy practice. It is a hazardous activity to attempt to predict in advance the impact of new legislation. That problem is exacerbated when the new law is as extensive and complicated as the revised Article 9. At this early pre-effective date stage, only the more obvious intersections between Article 9 and the bankruptcy laws are easy to anticipate and examine. …

Will The First Sale Doctrine Disappear?, Anne Klinefelter

Faculty Publications

No abstract provided.

Rethinking The Debates Over Health Care Financing: Evidence From The Bankruptcy Courts, Melissa B. Jacoby, Teresa A. Sullivan, Elizabeth Warren

Faculty Publications

No abstract provided.

Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller

Faculty Publications

No abstract provided.

Customary International Law And Torture: The Case Of India, A. Mark Weisburd

Faculty Publications

No abstract provided.

Of Judicial Supremacy And Academic Inadequacy, Scott C. Idleman

Faculty Publications

No abstract provided.