Law Commons^™

Linguistic Colonialism: Law, Independence, And Language Rights In Puerto Rico, Andrea Freeman

Faculty Scholarship

Part I reviews and analyzes courts' attempts to reconcile the conflict between the statutory English-language requirement for federal jurors, Puerto Rico's almost entirely Spanish-speaking population, and the Sixth Amendment's constitutional mandate. This part consists of three sub-parts: a description of Puerto Rico's linguistic landscape in comparison with that of the United States, a history of fair cross section challenges pertaining to the District of Puerto Rico, and a comparative look at fair cross section challenges in the Ninth Circuit. Part II examines the tension between language and constitutional rights through the lens of one case, Diffenderfer v. Gomez-Colon. In this …

Blood Sugar Sex Magik: A Review Of Postconviction Dna Testing Statutes And Legislative Recommendations, Justin Brooks, Alexander Simpson

Faculty Scholarship

Forty-eight states, the District of Columbia, and the federal government have adopted some form of postconviction DNA testing law. Some significant challenges arise when these laws are applied to cases like Richards, which do not involve rape kits but rather require a broader view of how DNA testing can prove innocence. Furthermore, the laws are not uniform, and in the politically charged atmosphere of criminal lawmaking, some of the laws are poorly thought out. This Article reviews these postconviction statutes from the perspective of practitioners who litigate these cases, while also exploring the major questions that ought to be addressed …

When Enough Is Not Enough: Correcting Market Inefficiencies In The Purchase And Sale Of Residential Property Insurance, Kenneth S. Klein

Faculty Scholarship

Each year at least hundreds, and often thousands of Americans lose their homes to natural disasters striking populated areas. Tens of thousands lose their homes to single-instance fires, floods, or other catastrophes. The majority of these homeowners are underinsured, meaning they have less insurance than it will cost to rebuild their homes. This Article analyzes whether such underinsurance indicates correctible inefficiencies in the residential property insurance markets. The Article identifies two inefficiencies: (1) Inadequate information, which impairs informed pricing decisions by purchasers; and (2) Dispute costs (such as litigation) in the instances of loss exceeding coverage. The Article proposes addressing …

Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew Frazer, Malcolm Sargeant

Faculty Scholarship

In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries (Australia, the United Kingdom, and the United States), this Article considers several decent work principles applicable to older workers and provides evaluations in light of them. Relevant …

The Categorical Approach For Crimes Involving Moral Turpitude After Silva-Trevino, Pooja R. Dadhania

Faculty Scholarship

A conviction for a crime involving moral turpitude (CIMT) can result in harsh immigration penalties such as removal from the United States for noncitizens. The designation of a crime as a CIMT depends on whether moral turpitude inheres in its elements. Administrative adjudicators and federal courts have thus been using a categorical approach that focuses on the elements of a crime to determine whether it is a CIMT. Although variations in the categorical approach have developed among the circuits, the categorical approach has customarily employed two steps, both focusing on the elements of the conviction rather than the actions of …

Legislative Reform Of California’S Direct Democracy: A Field Guide To Recent Efforts, Glenn C. Smith

Faculty Scholarship

This Article seeks to enhance the ability of California-initiative process reformers to gain wisdom from the past by briefly, yet comprehensively, reviewing recent proposals considered in the California legislature. Specifically, this "field guide" to initiative reform seeks to orient interested travelers to relevant California legislative exertions from 1997 to the present.' Although our orientation is informed by the entire range of legislative proposals within the dataset, we give special focus to bills proposing to enhance initiative-process deliberation-the ability of voters to understand and meaningfully deliberate about initiative proposals. We also concentrate on two categories of initiative-reform legislation during the period: …

More D (Deliberation) For California’S Dd (Direct Democracy): Enhancing Voter Understanding And Promoting Deliberation Through Streamlined Notice-And-Comment Procedures, Glenn Smith

Faculty Scholarship

This article seeks to enhance public consideration of the pros and cons of streamlining California's informal-administrative-rulemaking procedures for reforming the state's direct democracy. To provide a concrete focus for discussion and quick adoption, Appendix I includes proposed amendments to existing California statutory provisions. This article provides a context for considering the proposed legislation by elaborating on five questions: Why Deliberation? (Part I): In this Part, the Article makes the case, both on the substantive merits and on practical political grounds, for focusing on deliberation-enhancement as the best "next wave" of initiative reform.8 Why the Administrative Model? (Part II): This Part …

The Vulnerabilities Of The Patient Protection And Affordable Care Act And The Tragedy Of Repeal, Susan A. Channick

Faculty Scholarship

No abstract provided.

The Rise Of The Corporation, The Birth Of Public Relations, And The Foundations Of Modern Political Economy, Donald J. Smythe

Faculty Scholarship

No abstract provided.

The Road To Nowhere: Caterpillar V. Usinor And Cisg Claims By Downstream Buyers Against Remote Sellers, Donald J. Smythe

Faculty Scholarship

No abstract provided.

Protecting Scientific Integrity: The Commercial Speech Doctrine Applied To Industry Publications, Joanna K. Sax

Faculty Scholarship

Pharmaceutical companies face increasing pressure to bring new treatments to market in order to survive. The economic reality of survival and profits may distort a company’s decision-making process regarding full disclosure on a particular new drug.

Part II of this article analyzes the publication tactics employed by some members of the pharmaceutical industry (hereinafter “industry”) and explains how some of the publications promote misleading information. Part III proposes policy recommendations to require accurate dissemination of the results of clinical trials in order to protect scientific integrity and the public welfare. Part IV of this article addresses whether industry publications are …

William Howard Taft And The Taft Arbitration Treaties, John E. Noyes

Faculty Scholarship

Part I of this Essay explains Taft's interest in international law, placing it in historical context. Part II, outlines key features of the treaties and explores the debate over their ratification. Part III then reflects on the significance of the treaties.

The Supreme Court’S Open-Ended Protection Against Third-Party Retaliation Doctrine, Jessica Fink

Faculty Scholarship

In January 2010, the Supreme Court finally had the opportunity to express its view regarding the viability and scope of the third-party retaliation doctrine. In Thompson v. North American Stainless, LP, the Court contradicted the federal appellate courts and unanimously held that Title VII prohibits employers from engaging in third-party retaliation. This article analyzes the consequences of this decision.

Contract's Adaptation And The Online Bargain, Nancy Kim

Faculty Scholarship

The model of traditional contracts is that of two individuals negotiating terms that are to each party's advantage. This model persists even though it no longer reflects the reality of consumer contracts. This Article traces the evolution of modern day consumer contracts and explains how courts have accommodated business needs by distorting contract law. This Article argues that the doctrine of consideration should be reconceptualized in light of new technologies and changes in doctrinal application. It concludes that in order to restore contract law's legitimacy, courts must allocate the burdens of technological and doctrinal changes in a more evenhanded manner. …