Law Commons^™

Santa Clara Magazine, Volume 46 Number 1, Summer 2004, Santa Clara University

Santa Clara Magazine

8 - A PUZZLING PROFESSOR By Adam Breen. Byron Walden, an assistant professor of mathematics at SCU, draws on his knowledge of numerical analysis to create crossword puzzles for The New York Times.

10 - THE LAUNCHING PAD By Larry Sokoloff J.D. '92. Top government agencies, other universities, and companies are relying on the University's Robotics Systems Lab-and its students-to build and monitor satellites.

16 - A NOVEL TEAM By Kristin Lenore '04. The University's publishing partnership with Heyday Books aims to help preserve California's cultural legacy.

A Battle On Two Fronts: A Critique Of Recent Supreme Court Jurisprudence Establishing The Intent And Meaning Of The Constitution’S Actual Enumeration Clause, Robert R. Mccoy

Cornell Journal of Law and Public Policy

No abstract provided.

Who Speaks For The Working Poor: A Preliminary Look At The Emerging Tetralogy Of Representation Of Low-Wage Service Workers, Alan Hyde

Cornell Journal of Law and Public Policy

No abstract provided.

Legal Regulation Of The Changing [Employment] Contract, Katherine V. W. Stone

Cornell Journal of Law and Public Policy

No abstract provided.

From Supreme Court To Shopfloor: Mandatory Arbitration And The Reconfiguration Of Workplace Dispute Resolution, Alexander J. S. Colvin

Cornell Journal of Law and Public Policy

No abstract provided.

Accommodation At Work: Lessons From The Americans With Disabilities Act And Possibilities For Alleviating The American Worker Time Crunch, Stephen F. Befort

Cornell Journal of Law and Public Policy

No abstract provided.

Finding Immunity: Manders V. Lee And The Erosion Of § 1983 Liability, Thomas B. Ward

Mercer Law Review

In Manders v. Lee, the United States Court of Appeals for the Eleventh Circuit held that a Georgia county sheriff is an arm of the state when acting in his official capacity in implementing and enforcing use-of-force guidelines and, thus, is immune from suit in federal court under the Eleventh Amendment.' This decision creates considerable uncertainty in the area of government-entity liability under 42 U.S.C. § 19833 because of the potentially broad impact of this newly established analytical approach.

The Post-Zelman Voucher Battleground: Where To Turn After Federal Challenges To Blaine Amendments Fail, Luke A. Lantta

Law and Contemporary Problems

Lantta presents information concerning the US Supreme Court decision Zelman v. Simmons-Harris and its impact upon school voucher programs. School voucher proponents are now attempting to bring about the revocation of Blaine amendments to state laws that prohibit the public funding of private schools in one form or another.

Of Gift Horses And Great Expectations: Remands Without Vacatur In Administrative Law, Daniel B. Rodriguez

University of San Diego Public Law and Legal Theory Research Paper Series

Administrative law has been shaped over the years by fundamentally practical considerations. Displacement of agency decisions by courts was rare; yet, the omnipresent threat of substantial judicial intrusion surely affected agency decisions. While the Administrative Procedure Act, adopted nearly 60 years ago, provides a comprehensive template for federal agency decisionmaking, what is striking about the APA is how much is left out and how much is left to the discretion of both agencies in implementing regulatory decisions and to the courts in superintending agency action. Given this history, it is hardly surprising that many doctrinal techniques represent the pragmatic effort …

The Politics Of Wto Enforcement Mechanism, Pao Li Chang

Research Collection School Of Economics

This paper attempts to develop a formal economic framework to analyze the influences of domestic political considerations by democratic governments in shaping the WTO enforcement outcomes following a violation ruling against the defendant. Since a different mix of import and export sectors in the defendant and complainant country will benefit from the various potential enforcement outcomes, they become competing forces which steer the strategic interactions between the disputing governments. The results of the paper illustrate the complainant's strategy in selecting the retaliation list, and the likelihood of the defendant's compliance or compensation in response to the proposed or foreseeable retaliation, …

The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver

University of Miami International and Comparative Law Review

No abstract provided.

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

From A State-Centered Approach To Transnational Openness: Adapting The Hague Convention With Contemporary Human Rights Standards As Codified In The Convention Of The Rights Of The Child, Allison M. Scott

Indiana Journal of Global Legal Studies

No abstract provided.

The Correlation Between Team Payroll And Competitive Performance In Professional Sports Leagues, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Cuban Exceptionalism: Migration And Asylum In Spain And The United States, Maryellen Fullerton

University of Miami Inter-American Law Review

No abstract provided.

Open Issue: The Fifth Circuit's Misleading Interpretation Of An Arbitrator's Jurisdiction Under The Telecommunications Act Of 1996 - Coserv Limited Liability Corporation V. Southwestern Bell Telephone Company, An, Amanda Davis Anthony

Journal of Dispute Resolution

in Coserv v. Southwestern Bell Telephone Co., the Fifth Circuit addressed the meaning of "open issues" as related to an arbitrator's jurisdiction to decide issues not agreed upon in voluntary negotiations under provisions of the Telecommunications Act of 1996 (Telecom Act) that ensure competition in local telephone service markets. Through statutory interpretation, the Fifth Circuit gave arbitrators almost limitless jurisdiction. In doing so, the Fifth Circuit cited to the Eleventh Circuit to support its view, but failed to acknowledge the opposite holding by the Eleventh Circuit on the same issue.

Issues Of Trust: Resolving Mismanagement Of The Indian Trust Fund - The Indian Money Account Claim Satisfaction Act Of 2003, Allison Cafer

Journal of Dispute Resolution

Land has been held in trust by the United States government for Native Americans since Congress enacted the General Allotment Act of 1887. In recent decades the management of the trust accounts has been called into question by the Native American beneficiaries and has resulted in complex litigation. The government has acknowledged that there has been gross mismanagement of the trusts, to the extent that balances in many of the individual accounts are unknown. After lengthy litigation resulting in victory for the Native Americans, Senator Ben Nighthorse Campbell has introduced legislation that he claims will resolve the trust fund matter …

Arbitration Clauses Should Be Enforced According To Their Terms - Except When They Shouldn't Be: The Ninth Circuit Limits Parties' Ability To Contract For Standards Of Review Of Arbitration Awards - Kyocera Corporation V. Prudential-Bache Trade Services, Jonathan R. Bunch

Journal of Dispute Resolution

Arbitration is the process whereby parties submit disputes to a third, neutral party who will issue a decision that is both final and binding upon the parties. The Supreme Court has recognized arbitration as a valuable form of dispute resolution, with its primary advantages being speed, affordability, and the lower degree of hostility created by a less adversarial environment. In contrast to litigation, the standards of review for arbitral awards are defined in the Federal Arbitration Act (FAA) and are extremely narrow. In somewhat of a collision-course with the terms of the FAA is the fact that some courts have …

Skin Formulas Belong In A Bottle: North Carolina's Diversity Scholarships Are Unconstitutional Under Grutter & Gratz, Mark Spencer Williams

Campbell Law Review

No abstract provided.

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Gupta-Kagan

Faculty Publications

This essay presents one doctrinal method for lawyers to defend children accused of criminal charges in juvenile or adult court: attacking the applicability of the twenty-year old case, New Jersey v. T.L.O., to most school searches. T.L.O. based its application of a lower standard for searches of students by school officials on the presumption that firm gates separate public school from law enforcement and criminal justice institutions. Later administrative search cases inside and outside of the school context show that tee lower standard of T.L.O. depends entirely on programmatic purposes that distinguish school systems and ordinary law enforcement. Porous schoolhouse …

Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo

Faculty Publications

In the law school classroom, the Socratic method of legal analysis removes a dispute at issue in a given case from its sociocultural context and takes the cultural backgrounds of the parties into account only when they serve the legal argument. The language of the law commands law students to siphon off the emotional and cultural content because of the enduring belief that the law is neutral and impartial. Accordingly, cultural conflicts are deemed irrelevant to legal analysis because laws are unbiased and culture-blind. This detached outlook has been termed perpectivelessness to denote a neutral, odorless, colorless non-perspective.

This essay …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Reappraising T.L.O.'S Special Needs Doctrine In An Era Of School-Law Enforcement Entanglement, Josh Kagan

The Journal of Law and Education

No abstract provided.

Education Law Course Offerings In Law Schools, Perry A. Zirkel, Sheilah D. Vance

The Journal of Law and Education

No abstract provided.

Nclb & (And) The Role Of The School District Superintendent, Patricia F. First

The Journal of Law and Education

No abstract provided.

The No Child Left Behind Act And Its Influence On Current And Future District Leaders, George J. Peterson, Michelle D. Young

The Journal of Law and Education

No abstract provided.

State Court And Lower Federal Court Decisions Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Law Review Diges

The Journal of Law and Education

No abstract provided.

New York's Harvey Milk School: A Viable Alternative, Rebecca Bethard

The Journal of Law and Education

No abstract provided.

Segregation By Any Other Name: Harvey Milk High School, Randy Hedlund

The Journal of Law and Education

No abstract provided.