Law Commons^™

Child Soldiers: Legal And Military Challenges In Confronting A Global Phenomenon, Benjamin Perrin

All Faculty Publications

Book note re: Children at War by Peter W. Singer (New York: Pantheon, 2005). "Over the last decade, the existence of child soldiers has been brought to light through a barrage of graphic international news agency articles and human rights reports. Usually, these materials only identify sporadic and often sensationalized cases. What has been less forthcoming is a deeper understanding of what P.W. Singer calls the “child-soldier doctrine”: a calculated and pervasive strategy by armed groups to use children as combatants. Children at War is an admirable effort at making this daunting topic accessible to a wider public policy audience, …

Toward A Reform-Minded Model For Securities Law Enforcement, Cristie Ford

All Faculty Publications

This paper examines a significant shift in enforcement practice at the United States Securities and Exchange Commission, originating under the Chairmanship of William Donaldson but likely to continue beyond it. This shift is a response to a crisis of corporate governance, exemplified by recent scandals among various public corporations and financial services institutions, and to the demonstrated inadequacy of SEC enforcement tools to respond to that crisis. While the SEC's new approach, which I call the Reform Undertaking, is incomplete, I argue that if properly implemented it may have the potential to spur institutional reform not only in corporate governance, …

Charity, Publicity, And The Donation Registry, Brian Broughman, Robert Cooter

Articles by Maurer Faculty

Many Americans donate little or nothing to charity, but according to Robert Cooter and Brian Broughman, our social environment is the cause, not human nature. They propose a small policy change to increase transparency and elicit generosity inspired by experimental evidence about the nature of giving.

Report Regarding The Pacific Mcgeorge Workshop On Globalizing The Law School Curriculum, Thomas O. Main

Scholarly Works

No abstract provided.

Cooperative Federalism And Natural Resources Law, Robert L. Fischman

Articles by Maurer Faculty

Cooperative federalism describes an arrangement under which a national government induces coordination from subordinate jurisdictions, such as states and tribes, through incentives rather than requirements. In environmental law, cooperative federalism highlights the divide between pollution control and resource management. This article examines the divide from both sides.

Even though almost all of the environmental law commentary on cooperative federalism focuses exclusively on the pollution control side, the basic elements of cooperative federalism can be combined in a wider variety of forms than are recognized by most pollution control programs or scholarship. This article reviews the ways in which resource management …

Envisioning The Modern American Fiscal State: Progressive-Era Economists And The Intellectual Foundations Of The U.S. Income Tax, Ajay K. Mehrotra

Articles by Maurer Faculty

At the turn of the twentieth century, the U.S. system of public finance underwent a dramatic, structural transformation. The late nineteenth-century system of indirect taxes, associated mainly with the tariff, was eclipsed in the early decades of the twentieth century by a progressive income tax. This shift in U.S. tax policy marked the emergence of a new fiscal polity - one that was guided not simply by the functional and structural need for government revenue but by concerns for equity and economic and social justice. This Article explores the paradigm shift in legal and economic theories that undergirded this dramatic …

The Judgment Of The Boss On Bossing The Judges: Bruce Springsteen, Judicial Independence, And The Rule Of Law, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Migrating Towards Minority Status: Shifting European Policy Towards Roma, Timothy W. Waters, Rachel Guglielmo

Articles by Maurer Faculty

During the 1990s, European policy towards Roma evolved from concern about migration toward rhetoric about rights. In this article we trace that shift across two OSCE reports. Following rhetorical-action models, we show how the EU's commitment to enlargement and "common values" compelled it to elaborate an internal approach to minority protection. Concerns about migration persist, but Europe now has to consider how to integrate Roma as minorities.

From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan

Articles by Maurer Faculty

In this article, I argue that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider - in addition to Japan and Germany, two countries that are often touted as exemplars - the case of India. India gained its independence from the British in 1947, and soon thereafter many American experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of …

The Abolition Of Wealth Transfer Taxes: Lessons From Canada, Australia And New Zealand, David G. Duff

All Faculty Publications

When the United States acted to phase-out its estate tax by 2010, it joined a small but growing group of countries which have also repealed their wealth transfer taxes. In Canada, federal gift and estate taxes were repealed in 1972 and provincial wealth transfer taxes were abolished in the 1970s and 1980s. In Australia, State and Commonwealth wealth transfer taxes were repealed in the late 1970s and early 1980s. New Zealand followed suit in the 1990s, reducing estate tax rates to zero in 1992 and repealing the tax in 1999. This paper reviews the abolition of wealth transfer taxes in …

Economic Consequences Of The Academic Achievement Gap For African Americans, Michael Olneck

Marquette Law Review

No abstract provided.

Beyond Overt Violence: Wisconsin's Progressive Civil Commitment Statute As A Marker Of A New Era In Mental Health Law, Steven K. Erickson, Michael J. Vitacco, Gregory J. Van Rybroek

Marquette Law Review

No abstract provided.

In The Light Of Reason And Experience: Should Federal Evidence Law Protect Confidential Communications Between Same-Sex Partners?, Elizabeth Kimberly (Kyhm) Penfil

Marquette Law Review

No abstract provided.

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers' Rights In The United States, Connie De La Vega, Conchita Lozano-Batista

UC Law Journal of Race and Economic Justice

As the economic gap between rich and poor countries continues to grow, those living in poor countries migrate to richer countries to survive. Migrants who succeed in completing the journey to receiving countries are often subjected to human rights violations in the workplace. More particularly, the human rights violations encompass violations of the right to organize in order to be free from exploitative conditions, the right to equality before the law, and the right to legal recourse. This article will provide migrant rights advocates in the U.S. with international legal standards that can be used to address domestic human rights …

Inadequate And Inappropriate Mental Health Treatment And Minority Overrepresentation In The Juvenile Justice System, Kasey Corbit

UC Law Journal of Race and Economic Justice

Not only are minority youth at greater risk for mental illness, they are more likely to be funneled into the juvenile justice system because of untreated symptoms of mental illness. This is because minority youth are less likely to be insured at the same rates as their white peers and more likely to be perceived as aggressive or dangerous when exhibiting symptoms of a mental health problem. California voters may have created a possible solution to this situation by approving Proposition 63, now known as the "Mental Health Services Act," which requires California counties to create innovative solutions to addressing …

Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Guantanamo At The Supreme Court, Robert Rubin, Banafsheh Akhlaghi, Dorothy Ehrlich

UC Law Journal of Race and Economic Justice

No abstract provided.

Human Rights And Liberties: 50 Years After Brown V. Board Of Education - Keynote Speakers, Mark Rosenbaum, Erwin Chemerinsky

UC Law Journal of Race and Economic Justice

No abstract provided.

Bridging The Federalism Gap: Procedural Due Process And Race Discrimination In A Devolved Welfare System, Risa E. Kaufman

UC Law Journal of Race and Economic Justice

As recent Supreme Court decisions limit the power of the federal government to legislate and the federal courts to provide redress in areas such as civil rights, Congress is devolving significant power to states and localities to create and implement poverty-related programs. The discretion and authority that is further devolved to local caseworkers and administrators can be tainted with racial bias, raising the risk of and resulting in a disparate impact on people of color. Individuals may thus face a greater risk of race discrimination within the welfare system with fewer statutory protections available to challenge such discrimination. This article …

Have Your Cake And Eat It Too: A Proposal For A Layered Approach To Regulating Private Military Companies, Deven R. Desai

University of San Francisco Law Review

No abstract provided.

Imaginary Intent: The California Supreme Court’S Search For A Specific Legislative Intent That Does Not Exist, Jason Horst

University of San Francisco Law Review

No abstract provided.

Rethinking Civil Rico: The Vexing Problem Of Causation In Fraud-Based Claims Under 18 U.S.C § 1962(C), Randy D. Gordon

University of San Francisco Law Review

No abstract provided.

V. Witnesses: Conforming The California Evidence Code To The Federal Rules Of Evidence, Miguel A. Mendez

University of San Francisco Law Review

No abstract provided.

Protecting The Truly Persecuted: Restructuring The Flawed Asylum System, Kathryn A. Dittrick Heebner

University of San Francisco Law Review

No abstract provided.

Protecting Gays From The Government’S Crosshairs: A Reevaluation Of The Ninth Circuit’S Treatment Of Gays Under The Federal Constitution’S Equal Protection Clause Following Lawrence V. Texas, Jeffrey M. Goldman

University of San Francisco Law Review

No abstract provided.

Inherently Dangerous: The Potential For An Internet-Specific Standard Restricting Speech That Performs A Teaching Function, H. Brian Holland

University of San Francisco Law Review

No abstract provided.

A Tribute To Professor John De J. Pemberton Jr. At The Commencement Of The Jack Pemberton Lecture On Workplace Justice, William B. Gould Iv

University of San Francisco Law Review

No abstract provided.

Diamond V. Chakrabarty: Gauging Congress’S Response To Dynamic Statutory Interpretation By The Supreme Court, Anna Lumelsky

University of San Francisco Law Review

No abstract provided.

Commerce Clause Challenges To The Endangered Species Act: The Rehnquist Court’S Web Of Confusion Traps More Than The Fly, David W. Scopp

University of San Francisco Law Review

No abstract provided.

"We've Got To Get Working.... The Clock Is Ticking": Equity In Education And The Legacy Of Brown V. Board, Kermit L. Hall

Marquette Law Review

No abstract provided.

Structural Interpretation And The New Federalism: Finding The Proper Balance Between State Sovereignty And Federal Supremacy, Casey L. Westover

Marquette Law Review

No abstract provided.