Law Commons^™

Lashed To The Mast And Crying For Help: How Self-Limitation Of Autonomy Can Protect Elders From Predatory Lending, Kurt Eggert

Loyola of Los Angeles Law Review

No abstract provided.

Civilizing Punitive Damages: Lessons From Restitution, Gail Heriot

Loyola of Los Angeles Law Review

No abstract provided.

It's Not My Job, Michael B. Kelly

Loyola of Los Angeles Law Review

No abstract provided.

Disgorgement For Breach Of Contract: A Comparative Perspective, John D. Mccamus

Loyola of Los Angeles Law Review

No abstract provided.

Spinning Restitution: From Cauliflower To Coconut, Elaine W. Shoben

Loyola of Los Angeles Law Review

No abstract provided.

The End Of An Era: A Tribute To Justice Gary S. Stein, Honorable Daniel J. O'Hern

Seton Hall Law Review

No abstract provided.

Justice Gary S. Stein, Robert L. Clifford

Seton Hall Law Review

No abstract provided.

The Supreme Court's "Criminal" Daubert Cases, Paul C. Giannelli

Seton Hall Law Review

No abstract provided.

The Legal And Scientific Evaluation Of Forensic Science (Especially Fingerprint Expert Testimony), Michael J. Saks

Seton Hall Law Review

No abstract provided.

The Supreme Court, The Gun Industry, And The Misguided Revival Of Strict Territorial Limits On The Reach Of State Law, Allen K. Rostron

Faculty Works

While tort lawsuits against gun manufacturers and sellers have captured much attention in recent years, there is an intriguing constitutional issue arising in the cases that has largely escaped notice. The gun companies build a defense from statements in a line of recent Supreme Court opinions indicating that the dormant Commerce Clause forbids application of a state statute to commerce occurring wholly outside the state's borders. The gun companies contend that it would be unconstitutional for them to be held liable under state tort law for the manufacture or sale of a gun that occurred outside the state. Several courts …

Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Holding Liability Insurers Accountable For Bad Faith Litigation Tactics With The Tort Of Abuse Of Process, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

California’S Unfair Competition Law: Regulatory Balance Or Unlevel Playing Field?, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Should Congress Repeal Securities Class Action Reform?, Adam C. Pritchard

Other Publications

The Private Securities Litigation Reform Act of 1995 was designed to curtail class action lawsuits by the plaintiffs’ bar. In particular, the high-technology industry, accountants, and investment bankers thought that they had been unjustly victimized by class action lawsuits based on little more than declines in a company’s stock price. Prior to 1995, the plaintiffs’ bar had free rein to use the discovery process to troll for evidence to support its claims. Moreover, the high costs of litigation were a powerful weapon with which to coerce companies to settle claims. The plaintiffs’ bar and its allies in Congress have called …

The Relationship Between Bail Decision-Making And Legal Representation Within The Criminal Justice System, Alfred Allan, Maria M. Allan, Margaret Giles, Deirdre Drake

Research outputs pre 2011

The primary aim of this study was to examine the relationship between legal representation and bail decision-making within the criminal justice system in Western Australia. In doing so it was necessary to "rule out" a number of other factors and this process provided the opportunity to test whether some of the factors mentioned in the literature, such as age and race, have an independent effect on bail decision-making. The data also provided a valuable snapshot of bail decision-making in the Courts of Petty Sessions and the Perth Children’s Court...

Putting Health Care Providers At A Loss And Consumers At Risk: Why Hmos Should Be Held Accountable For The Financial Instability Of Their Delegated Networks., Anish P. Michael

St. Mary's Law Journal

This Comment explores why health maintenance organizations (HMOs) such as PacifiCare should be held accountable for the financial instabilities of their delegated networks. Part II discusses the organization of the managed care system and the assessment of Texas laws currently enforcing managed care in the state. Incorporated in this discussion is a look at the risks delegated networks bear when contracting with HMOs to provide payment for individualized care. Part III analyzes the increasing trend of financial instability by presenting the views of the HMOs, the delegated networks, the health care providers, and the consumers enrolled in the health plan. …

Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg

Other Publications

It's a great honor for me to be invited to deliver the Levine Distinguished Lecture at Fordham, and a great opportunity to try out some new ideas before this audience. As some of you know, I've been studying the role of patents in biomedical research and product development ("R&D") for close to twenty years now, with a particular focus on how patents work in "upstream" research in universities and biotechnology companies that are working on research problems that arise prior to "downstream" product development. But, of course, the patent strategies of these institutions are designed around the profits that everyone …

The Least Of The Sentient Beings' And The Question Of Reduction, Refinement, And Replacement, Joseph Vining

Other Publications

The subject I was asked to think about with you today is raised by a very large change in the focus of biomedical research. In raw percentage terms, the animals involved in experimentation are now overwhelmingly rats and mice, and, perhaps because they are rats and mice, they are used in large numbers, numbers in thousands and tens of thousands at some institutions. Legal, ethical, and practical accommodation to this fact on the ground presents a host of questions. There are questions of the cost of care. There are questions of the training of veterinarians, principal investigators, and laboratory personnel. …

Competition, Corporate Responsibility, And The China Question, Jospeh Vining

Other Publications

"Corporate responsibility" is not a peripheral matter. It is at the core of all decision-making on behalf of business corporations under American law. This paper examines the effort to add an exemption for "business" in corporate form to the exemptions from ordinary responsibility that are seen in other areas of activity - e.g., for the military, for lawyers in adversarial litigation, or for investigators in scientific research. It looks at a number of well known cases and points to the often neglected relevance of both the criminal law applicable to corporations as such, and the evolving professional responsibility of corporate …

Privacy Lost: Comparing The Attenuation Of Texas's Article 1, Section 9 And The Fourth Amendment., Kimberly S. Keller

St. Mary's Law Journal

The Fourth Amendment to the United States Constitution requires that all searches and seizures be reasonable. Article I, Section 9 of the Texas Constitution mirrors its federal counterpart, requiring reasonableness in regard to intrusive governmental action. In examining these texts, both the federal and state provisions are comprised of two independent clauses: (1) the Reasonableness Clause, which prohibits unreasonable searches and seizures; and (2) the warrant clause, which provides that warrants may issue only upon a showing of probable cause. Both the federal and Texas constitutions include explicit language regulating the government’s right to intrude on a person’s privacy. This …

Analysis Of Judicial Decisions Interpreting §482, Reuven S. Avi-Yonah

Other Publications

The purpose of this chapter is to survey the judicial interpretations of transfer pricing, as developed in the cases decided under §482. The chapter is divided into three major sections: first, an overview of the general legal principles underlying the judicial interpretation of §482; second, a chronological survey of the development of the case law under §482, with particular attention to the development of the arm's length standard and the search for comparables; third, an analytical survey of the techniques used by courts to decide transfer pricing cases, with particular emphasis on the techniques developed in recent cases to deal …

Ifa Branch Report: United States (Trends In Company / Shareholder Taxation: Single Or Double Taxation?), Reuven S. Avi-Yonah

Other Publications

United States IFA Branch Report on Trends in Company / Shareholder Taxation: Single or Double Taxation?

Japanese Justice System Reform In Comparative Perspective, Daniel H. Foote

Articles

Over the past two years I have become so heavily involved in the justice system reform discussions - in particular the discussions regarding legal training - that it would be nearly impossible for me to address the assigned topic of reform from a detached perspective. Rather than attempt to do so, I will offer certain personal impressions of the reforms, with particular reference to legal education.

Eminent Domain Economics: Should ‘Just Compensation’ Be Abolished, And Would ‘Takings Insurance’ Work Instead?, Steve Calandrillo

Articles

In a defeat for staunch property rights advocates, the Supreme Court ruled this spring that a prohibition on land development in the Tahoe basin did not amount to a de facto taking of land such that the constitutional mandate of just compensation was triggered. The Tahoe decision highlights the struggle in eminent domain jurisprudence over the proper treatment of so-called regulatory takings. It has long been taken for granted that when the government exercises its power of eminent domain to take private property in the name of the public good, it must reimburse displaced landowners. While compensation for physical takings …

"They Say He's Gay": The Admissibility Of Evidence Of Sexual Orientation, Peter Nicolas

Articles

This Article seeks to fill an existing gap. Part II of this Article discusses the ways in which the sexual orientation of a victim, party, or witness is relevant within the meaning of Federal Rule of Evidence 401 and its state-law analogues, as well as when such evidence, although relevant, is nonetheless excluded due to its potential prejudicial impact.

Part III of this Article examines the hearsay rule and its exceptions to determine when, if ever, a person's assertion that he is gay can be admitted into evidence. Part IV of this Article discusses the applicability of the spousal privileges …

Whose Deal Is It? Teaching About Structural Inequality By Teaching Contracts Transactionally, Kellye Y. Testy

Articles

Although Scott Burnham and others have urged the use of more contracts to teach Contracts for some time,'9 it is safe to say that the majority of Contracts courses in the United States do not put actual contracts front and center. While particular phrases or provisions surely are referenced in the steady diet of appellate decisions that comprise the first-year course, those decisions very rarely include the actual contract at issue for study. Moreover, in the increased compression of the first year course," few professors believe they can justify the time for transactional exercises or simulations in the rush to …

The Best Patent Practice Or Mere Compromise? A Review Of The Current Draft Of The Substantive Patent Law Treaty And A Proposal For A "First-To-Invent" Exception For Domestic Applicants, Toshiko Takenaka

Articles

Part I of this paper I review the past efforts of patent harmonization. In Part II, I review the current draft of the Substantive Patent Law Treaty (SPLT) and compare its major articles with Title 35 of the United States Code, the European Patent Convention (EPC), and Japanese Patent Law (JPL). In Part III, I analyze the changes expected by the integration of the SPLT into U.S. patent practice and examine if such changes would result in the best patent practice. I propose that the best practice takes into account underlying patent policies in such instances in which the changes …

Community Acequias In Colorado's Rio Culebra Watershed: A Customary Commons In The Domain Of Prior Appropriation, Gregory A. Hicks, Devon G. Peña

Articles

This article presents an account of the landscape and water institutions of the acequia communities of Colorado's Rio Culebra watershed. The physical and social landscape of the Culebra watershed, a product of water institutions introduced by Hispano settlers in the years immediately following the Mexican War, and the persistence of those institutions after the introduction of the system of prior appropriation, offers an instance of a successful engagement of community water institutions in the creation of a sustainable and resource-rich watershed landscape. The ultimate goals of this article are threefold. First, the article describes the acequialandscape and its social, …

Commentary On The Concept Of Authorship In Comparative Copyright Law: A Brief Illustration, Roberta Kwall

College of Law Faculty

This piece is a commentary on Professor Jane C. Ginsburg's 5th Annual Niro Distinguished Intellectual Property Lecture: The Concept of Authorship in Comparative Copyright Law, 52 DePaul Law Review 1063 (2003). In her Article, Professor Ginsburg attempts to stimulate discussion of who is an author in copyright law by positing Six Principles. I find her multi-faceted approach to be an extremely useful way of contemplating the authorship issue, an issue that I agree has been largely overlooked in both the copyright jurisprudence and literature in the United States and elsewhere. In this commentary, I explore the Dead Sea Scrolls litigation …