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Articles 1 - 30 of 36

Full-Text Articles in Law

Consumer Expectations’ Last Hope: A Response To Professor Kysar, Aaron Twerski, J. A. Henderson Nov 2003

Consumer Expectations’ Last Hope: A Response To Professor Kysar, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


For And Against Marriage: A Revision., Anita Bernstein Nov 2003

For And Against Marriage: A Revision., Anita Bernstein

Faculty Scholarship

No abstract provided.


Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron Oct 2003

Secrets And Spies: Extraterritorial Application Of The Economic Espionage Act And The Trips Agreement, Robin Effron

Faculty Scholarship

No abstract provided.


A Matter Of Priority: Transplanting Organs Preferentially To Registered Donors, Adam Kolber Apr 2003

A Matter Of Priority: Transplanting Organs Preferentially To Registered Donors, Adam Kolber

Faculty Scholarship

No abstract provided.


Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza Mar 2003

Technological Advances Leading To The Diminishing Of Privacy Rights, Anabelle Maria D'Souza

LLM Theses and Essays

The Purpose of this thesis is to bring about the awareness of the importance of privacy in our lives. Privacy is an essential element of a free society without which individuals would lose the ability to interact with one another in private. With the advancement in police surveillance technology there is a clash between an individuals right to keep a secret and the State’s power to penetrate that secret. State of the art technologies such as the financial crimes enforcement network, wearable computing and surveillance cameras are some of the latest devices invading privacy. These technological advances have become ...


Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger Mar 2003

Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger

Faculty Scholarship

No abstract provided.


Book Review: Legal Mystery Goes Beyond The "Murder" Label, Stacey L. Gordon Mar 2003

Book Review: Legal Mystery Goes Beyond The "Murder" Label, Stacey L. Gordon

Faculty Journal Articles & Other Writings

The author reviews, "The Emperor of Ocean Park," by Stephen L. Carter.


The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso Jan 2003

The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

The aim of this essay is to examine the relationship between violence and the law in domestic life, and in particular violence exercised on children. The starting-point is an institution of republican family law in the 19th century, which goes back to colonial times, and which I have chosen to call “penal domestic power” over children, which represents a form of legalized domestic violence. It consists of the faculty of the father to punish his son physically, and when that was not enough, to imprison him, for which he could count on help from the public authority.


Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider Jan 2003

Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen Jan 2003

The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel Jan 2003

Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Trouble With Shadow Government, Howard M. Wasserman Jan 2003

The Trouble With Shadow Government, Howard M. Wasserman

Faculty Publications

No abstract provided.


2003 California's Five-Year Infrastructure Plan, Office Of The Governor Jan 2003

2003 California's Five-Year Infrastructure Plan, Office Of The Governor

California Agencies

No abstract provided.


Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider Jan 2003

Afterword: The Perils And Pleasure Of Activist Scholarship, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


The Deanship, Ellen Ash Peters Jan 2003

The Deanship, Ellen Ash Peters

Faculty Articles and Papers

No abstract provided.


You Asked For It, You Got It … Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley Jan 2003

You Asked For It, You Got It … Toy Yoda: Practical Jokes, Prizes, And Contract Law, Keith A. Rowley

Scholarly Works

For what seemed to be a simple contract dispute, Berry v. Gulf Coast Wings Inc. garnered an unusual amount of attention in both the legal and popular press. Former Hooters waitress Jodee Berry sued her ex-employer for breaching its promise to award a new Toyota to the winner of an April 2001 sales contest. Berry alleged that her manager, Jared Blair, told the waitresses at the Hooters where she worked at the time that whoever sold the most beer at each participating location during April 2001 would be entered in a drawing, the winner of which would receive a new ...


September 11th: Pro Bono And Trauma, Marjorie A. Silver Jan 2003

September 11th: Pro Bono And Trauma, Marjorie A. Silver

Scholarly Works

No abstract provided.


Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron Jan 2003

Culture Clash? The Miller & Modigliani Propositions Meet The United States Court Of Federal Claims, Rodger D. Citron

Scholarly Works

No abstract provided.


How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn Jan 2003

How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn

Scholarly Works

Some commentators have labeled Atlanta, Ga. as America's poster child for sprawl. Atlanta is highly auto-oriented, and suffers from higher levels of traffic congestion and air pollution than most other cities. This book review explains how sprawl happened in Atlanta - not through the mysterious invisible hand of the free market, but through transportation and zoning decisions made by city officials.


Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman Jan 2003

Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman

Faculty Publications

No abstract provided.


Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma Jan 2003

Hearing Voices: Speaker Identification In Court, Lawrence Solan, Peter Tiersma

Faculty Scholarship

No abstract provided.


Statutory Inflation And Institutional Choice, Lawrence Solan Jan 2003

Statutory Inflation And Institutional Choice, Lawrence Solan

Faculty Scholarship

No abstract provided.


Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin Jan 2003

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memoir Of Mary Joe Frug, Elizabeth M. Schneider, Regina Austin

Faculty Scholarship

No abstract provided.


Privacy Property, Information Costs And The Anticommons, Edward J. Janger Jan 2003

Privacy Property, Information Costs And The Anticommons, Edward J. Janger

Faculty Scholarship

No abstract provided.


Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser Jan 2003

Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel Jan 2003

An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel

Scholarly Works

On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.

The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder ...


Ruminations On Terrorism & Anti-Terrorism In Law And Literature, Christopher L. Blakesley Jan 2003

Introduction To Symposium, The Rights Of Parents With Children In Foster Care: Removals Arising From Economic Hardship And The Predicative Power Of Race, Ann Cammett Jan 2003

Introduction To Symposium, The Rights Of Parents With Children In Foster Care: Removals Arising From Economic Hardship And The Predicative Power Of Race, Ann Cammett

Scholarly Works

Professor Cammett introduces a symposium at the Association of the Bar of the City of New York exploring the predicament posed by the surge of child removals through neglect petitions, and the subsequent placement of those children in foster care. The panel’s published comments offer some poignant reflections on the crisis of the child welfare system.


The Latina/O And Apia Vote Post-2000: What Does It Mean To Move Beyond “Black And White” Politics?, Sylvia R. Lazos Jan 2003

The Latina/O And Apia Vote Post-2000: What Does It Mean To Move Beyond “Black And White” Politics?, Sylvia R. Lazos

Scholarly Works

This Article frames the challenges to LatCrit theory and activism posed by voting rights, electoral process, and minority politics. In order to focus on the key challenges, The Article poses this question: What does a LatCrit theorist mean when she proposes to move beyond the "Black-White" paradigm? The Article discusses the changes in the U.S. electorate that in post-2000 have made the Latina/o and APIA vote the darling of both major parties. In the process of being perceived as an important electoral group, Latinas/os and Asian Pacific Islands Americans are at times being depicted as "model minorities ...


Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley Jan 2003

Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley

Scholarly Works

Letters of credit play a vital role in financing international transactions, and are becoming increasingly popular domestically as substitutes for more traditional secured financing. As such, they deserve substantially more scholarly attention than they receive outside of specialized treatises and banking trade publications. Moreover, as unilateral promises by issuers of the letters of credit to pay money to their beneficiaries, the fact that Article 5 of the Uniform Commercial Code and pre-UCC common law recognize the right of a beneficiary to sue for anticipatory repudiation is at odds with the prevailing rule in this country that a promisee cannot sue ...