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2007

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Articles 8581 - 8610 of 10558

Full-Text Articles in Law

Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer Jan 2007

Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen Jan 2007

The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


The Ultimate Penal Sanction And "Closure" For Survivors Of Homicide Victims, Marilyn Peterson Armour, Mark S. Umbreit Jan 2007

The Ultimate Penal Sanction And "Closure" For Survivors Of Homicide Victims, Marilyn Peterson Armour, Mark S. Umbreit

Marquette Law Review

No abstract provided.


Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander Jan 2007

Come Down And Make Bargains In Good Faith: The Application Of 42 U.S.C. 1981 To Race And National Origin Discrimination In Retail Stores, Charlotte S. Alexander

UC Law Journal of Race and Economic Justice

Plaintiffs who have been discriminated against in retail stores on the basis of race or national origin have historically turned to the contracts clause of 42 U.S.C. § 1981, which guarantees to all people within the United States the same right "as is enjoyed by white citizens" to "make and enforce contracts." In 1991, Congress amended the statute, extending the requirement of equality beyond the "making and enforcement" of contracts to include the "performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship." However, many courts have continued to apply …


Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris Jan 2007

Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris

UC Law Journal of Race and Economic Justice

Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own research with …


Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf Jan 2007

Providing Race Discrimination In Criminal Cases Using Statistical Evidence, Marc Price Wolf

UC Law Journal of Race and Economic Justice

Proving race discrimination in a criminal case using statistical evidence has been a difficult endeavor since the Supreme Court's rulings in McCleskey and Armstrong. In those cases, the Court set a high threshold for using statistics to prove constitutional violations. This note argues that this threshold is not insurmountable. Studies can be crafted to overcome the strict guidelines set out in McCleskey and Armstrong. Additionally, lower courts have interpreted these cases too broadly, such that validly presented statistical studies have unfairly been brushed aside. This note also argues that the Court analyzes social scientific studies differently when those studies are …


Local Gun Bans In California:A Futile Exercise, Don B. Kates, Carl Dawson Michel Jan 2007

Local Gun Bans In California:A Futile Exercise, Don B. Kates, Carl Dawson Michel

University of San Francisco Law Review

This Article examines the authority of California local governments to "license" firearms possession-i.e., the authority to permit or deny the possession of firearms and/or ammunition within a locality's geographical limits. As such, the relevant case law makes clear that local governments may not ban handguns and other firearms that state law does not forbid the law-abiding adult citizenry from possessing.


First-To-File: Promoting The Goals Of The United States Patent System As Demonstrated Through The Biotechnology Industry, Whitney E. Fraser Tiedemann Jan 2007

First-To-File: Promoting The Goals Of The United States Patent System As Demonstrated Through The Biotechnology Industry, Whitney E. Fraser Tiedemann

University of San Francisco Law Review

This Comment illustrates that moving to a first-to-file system of patent priority would greatly benefit the biotechnology industry and the United States patent system. A first-to-file system would promote the innovative goals of the patent system by encouraging early public disclosure and providing greater certainty of protection.


Companies Caught In The Middle, Albert Gidari Jr. Jan 2007

Companies Caught In The Middle, Albert Gidari Jr.

University of San Francisco Law Review

No abstract provided.


Dismantling Roe Brick By Brick-The Unconstitutional Purpose Behind The Federal Partial-Birth Abortion Act Of 2003, Caroline Burnett Jan 2007

Dismantling Roe Brick By Brick-The Unconstitutional Purpose Behind The Federal Partial-Birth Abortion Act Of 2003, Caroline Burnett

University of San Francisco Law Review

This Note focuses on the purpose prong of the undue burden test and argues that the federal ban is unconstitutional because its only purpose is to impose an undue burden on a woman's right to seek an abortion.


The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery Jan 2007

The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery

University of San Francisco Law Review

This Article examines the Ninth Circuit's decision in Jesperson v. Harrah's, which the author argues insulates most employers from all but the most determined (and well-financed) challenges to sex-based dress, grooming, and appearance codes under Title VII of the Civil Rights Act of 1964, and will also likely impact both federal court and state court jurisprudence in this area of employment law.


The Bankruptcy Clause And The Eleventh Amendment: An Uncertain Boundary Between Federalism And State Sovereignty, Daniel Austin Jan 2007

The Bankruptcy Clause And The Eleventh Amendment: An Uncertain Boundary Between Federalism And State Sovereignty, Daniel Austin

University of San Francisco Law Review

This Article examines the conflict between the Bankruptcy Code and state sovereignty.


Voices From The Workplace: Oakwood Healthcare, Inc. And The Rollback Of Labor Rights Under The Current National Labor Relations Board, Eric Wiesner Jan 2007

Voices From The Workplace: Oakwood Healthcare, Inc. And The Rollback Of Labor Rights Under The Current National Labor Relations Board, Eric Wiesner

University of San Francisco Law Review

This Comment argues that in the current atmosphere in which the Board has faltered in its ability to carry out the national labor policy of encouraging unionization and collective bargaining, and the proper forum for enforcing the rights of workers is the legislative branch, and concludes by arguing for congressional action to amend the Act as the best means to bring the statutory definition of supervisor in line with modern workplace realities.


Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki Jan 2007

Unpacking Pandora's Box: Innovative Techniques For Effectively Counseling Asylum Applicants Suffering From Post-Traumatic Stress Disorder, Carol M. Suzuki

UC Law Journal of Race and Economic Justice

Each year, innumerable asylum seekers are denied relief in the United States because the asylum officer or immigration judge does not believe that the applicant is telling the truth. The immigration judge makes an adverse credibility determination because the applicant's story of persecution lacks sufficient detail and is inconsistent. A victim of severe and often prolonged trauma may develop post-traumatic stress disorder (PTSD), which profoundly affects his ability to tell a consistent and detailed story of past persecution. Thus, an asylum seeker suffering from PTSD as a result of traumatic experiences, desperately in need of a safe haven, may be …


The Domestic Response To Global Climate Change: What Role For Federal, State, And Litigation Initiatives?, Alice Kaswan Jan 2007

The Domestic Response To Global Climate Change: What Role For Federal, State, And Litigation Initiatives?, Alice Kaswan

University of San Francisco Law Review

This Article takes as given that climate change is a serious environmental problem that requires a legal response-a response that is likely to change the way we live. This Article evaluates the most significant existing federal and state measures. This Article not only highlights the key features of federal, state, and litigation initiatives; it also addresses their respective roles.


The Nondischargeability Of Student Loans In Bankruptcy: How The Prevailing "Undue Hardship" Test Creates Hardship Of Its Own, Feather Devi Baron Jan 2007

The Nondischargeability Of Student Loans In Bankruptcy: How The Prevailing "Undue Hardship" Test Creates Hardship Of Its Own, Feather Devi Baron

University of San Francisco Law Review

This Comment argues that to ensure that every debtor receives equitable treatment with respect to the hardship exception, and to better follow congressional intent, the prevailing undue hardship test in bankruptcy cases for dischargeable debts should be amended to include a timing standard that requires courts to uniformly apply such a standard at the time a debtor files a dischargeability action. Furthermore, courts should maintain jurisdiction over hardship determinations until discharge occurs to prevent discharge of debts payable without undue hardship.


Power Or Prudence: Toward A Better Standard For Evaluating Patent Litigants' Access To The Declaratory Judgment Remedy, Lisa A. Dolak Jan 2007

Power Or Prudence: Toward A Better Standard For Evaluating Patent Litigants' Access To The Declaratory Judgment Remedy, Lisa A. Dolak

University of San Francisco Law Review

This Article discusses the Federal Circuit's treatment of the justiciability of declaratory judgment claims in patent cases, in light of the Declaratory Judgment Act and the relevant provisions of the U.S. Consitution.


Can Blogging And Employment Co-Exist?, John S. Hong Jan 2007

Can Blogging And Employment Co-Exist?, John S. Hong

University of San Francisco Law Review

This Comment explores the extent to which a blogger who exercises this autonomy right, by publishing thoughts or opinions online, should legitimately fear termination or other retaliatory actions by the snooping employer, and accordingly, argues that employment law must draw a line between managerial rights of the employer and the privacy rights of the employee.


Domain Names Triggering Internet Pop-Up Advertisements: A "Use In Commerce" Under The Lanham Act, Joan Obispo Arbolante Jan 2007

Domain Names Triggering Internet Pop-Up Advertisements: A "Use In Commerce" Under The Lanham Act, Joan Obispo Arbolante

University of San Francisco Law Review

This Comment proposes that URLs used to trigger pop-up ads constitute a "use in commerce" under the Lanham Act because they are used more than as a "pure machine-linkingfunction" and are more than public keys to access websites. Accordingly, despite some federal cases precedent that involve narrow definitions of "use in commerce" - a requirement to bring a successful trademark infringement suit. This Comment suggests that these narrow holdings is that internet advertising developers can now design technology to avoid the narrow definition of "use in commerce" and thereby avoid liability for trademark infringement.


Reexamining The Yahoo! Litigations:Toward An Effects Test For Determining International Cyberspace Jurisdiction, Matthew Chivvis Jan 2007

Reexamining The Yahoo! Litigations:Toward An Effects Test For Determining International Cyberspace Jurisdiction, Matthew Chivvis

University of San Francisco Law Review

This Comment argues the courts should employ an effects test when deciding international civil disputes involving solely cyberspace harms.


"Sisters Are Doin' It For Themselves!" Why The Parental Rights Of Registered Domestic Partners Must Trump The Parental Rights Of Their Known Sperm Donors In California, Allison J. Stone Jan 2007

"Sisters Are Doin' It For Themselves!" Why The Parental Rights Of Registered Domestic Partners Must Trump The Parental Rights Of Their Known Sperm Donors In California, Allison J. Stone

University of San Francisco Law Review

This Comment argues that California Family Code section 297.5 dictates that parental rights in both domestic partners who conceive a child through artificial insemination trump the parental rights of the known sperm donor, because heterosexual married couples have parental rights when a child is born during their marriage, even if one parent is not biologically related to the child.


The Fourth Amendment Status Of Stored E-Mail: The Law Professors' Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia Jan 2007

The Fourth Amendment Status Of Stored E-Mail: The Law Professors' Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia

University of San Francisco Law Review

This Article examines what procedural hurdles the government must overcome in order to compel service providers to turn over digital communications. Specifcally, Warshak v. United States raises these very questions because it asks the Sixth Circuit to determine what showing a court should require of the Government, under the Stored Communications Act. This article also examines whether those statutory requirements under the SCA satisfy the Fourth Amendment to the Constitution.


Keeping Free Speech Free In The College Marketplace Of Ideas: California Legislation As An Imperfect Solution To Censorship By University Administrators, Jennifer Ross Jan 2007

Keeping Free Speech Free In The College Marketplace Of Ideas: California Legislation As An Imperfect Solution To Censorship By University Administrators, Jennifer Ross

University of San Francisco Law Review

This Comment highlights the difficult position that some private college or university students find themselves in, when it comes to suing to protect their free speech rights. As such, this Comment argues that in order for pending California legislation to go the full distance in fostering a "marketplace of ideas", the legislature should pass additional bills to protect private college students from Hosty-type administrative censorship.


The Scientific And International Context For Climate Change Initiatives, Stephanie B. Oshita Phd Jan 2007

The Scientific And International Context For Climate Change Initiatives, Stephanie B. Oshita Phd

University of San Francisco Law Review

This Article provides context for the examination of United States climate policy and litigation initiatives, including the current scientific understanding of climate change, international efforts to combat climate change both inside and outside of the UN framework, and suggests possible solutions to the climate change problem.


Climate Change And The Clean Air Act, Lisa Heinzerling Jan 2007

Climate Change And The Clean Air Act, Lisa Heinzerling

University of San Francisco Law Review

This Article highlights the litigation before the Supreme Court in Massachusettes v. EPA, which was brought by a variety of states and other plaintiffs in order to mitigate the effects of climate change under the Clean Air Act. As such, it explores the relevant arguments before the Court, what the Court decided, and how that decision may affect the EPA's role in mitigating climate change.


Global Climate Change And The National Environmental Policy Act, Kevin Haroff, Katherine Kirwan Moore Jan 2007

Global Climate Change And The National Environmental Policy Act, Kevin Haroff, Katherine Kirwan Moore

University of San Francisco Law Review

This Article examines various attempts to address climate change through the statutory framework established by the National Environmental Policy Act ("NEPA") of 1969.


A Better Approach To Juvenile Sex Offender Registration In California, Christina Rule Jan 2007

A Better Approach To Juvenile Sex Offender Registration In California, Christina Rule

University of San Francisco Law Review

This Comment argues that the legitimate goals of juvenile sex offender registration-public safety, retribution, and rehabilitation-cannot be effectively implemented or realized under California's current juvenile registration statute.


Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams Jan 2007

Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams

Marquette Law Review

No abstract provided.


Reconsidering The Relationship Between Cognitive Psychology And Plea Bargaining, Russell Covey Jan 2007

Reconsidering The Relationship Between Cognitive Psychology And Plea Bargaining, Russell Covey

Marquette Law Review

No abstract provided.


Forward: Reappraising The Wisconsin Constitution, Michael K. Mcchrystal Jan 2007

Forward: Reappraising The Wisconsin Constitution, Michael K. Mcchrystal

Marquette Law Review

No abstract provided.