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Articles 1 - 14 of 14

Full-Text Articles in Law

The Effects That Mediator Styles Impose On Neutrality And Impartiality Requirements Of Mediation, Susan Nauss Exon Jan 2008

The Effects That Mediator Styles Impose On Neutrality And Impartiality Requirements Of Mediation, Susan Nauss Exon

University of San Francisco Law Review

This Article examines current laws, policies, and procedures that define and attempt to regulate the mediation field.


The Link Between Carolene Products And Griswold: How The Right To Privacy Protects Popular Practices From Democratic Failures, Alan James Kluegel Jan 2008

The Link Between Carolene Products And Griswold: How The Right To Privacy Protects Popular Practices From Democratic Failures, Alan James Kluegel

University of San Francisco Law Review

This Article proposes that there is, in fact, a constitutional doctrine that protects at least some of these anonymous and diffuse interests-the constitutional right to privacy.


Revisiting The Application Of The Exclusionary Rule To The Good Faith Exceptions In Light Of Hudson V.Michigan, Shenequa L. Grey Jan 2008

Revisiting The Application Of The Exclusionary Rule To The Good Faith Exceptions In Light Of Hudson V.Michigan, Shenequa L. Grey

University of San Francisco Law Review

This Article examines other instances where the Supreme Court has historically held evidence inadmissible to determine whether such evidence should now be admissible in light of the Hudson v. Michigan analysis.


A Right In Search Of A Coherent Rationale-Conceptualizing Persona In A Comparative Context: The United States Right Of Publicity And German Personality Rights, Ellen S. Bass Jan 2008

A Right In Search Of A Coherent Rationale-Conceptualizing Persona In A Comparative Context: The United States Right Of Publicity And German Personality Rights, Ellen S. Bass

University of San Francisco Law Review

This Comment examines United States publicity rights in light of the autonomy critique and its civil law parallel in German personality rights to argue that a publicity right based on autonomy theory is not only possible, but plausible.


Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu Jan 2008

Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu

University of San Francisco Law Review

This Comment argues that the Ninth Circuit was mistaken in concluding that Jespersen fell outside of the Supreme Court's rule on sex-stereotyping discrimination under Title VII of the Civil Rights Act of 1964.


Benefits From Private Antitrust Enforcement: An Analysis Of Forty Cases, Robert H. Lande, Joshua P. Davis Jan 2008

Benefits From Private Antitrust Enforcement: An Analysis Of Forty Cases, Robert H. Lande, Joshua P. Davis

University of San Francisco Law Review

This Article provides an empirical basisfor assessing whether private enforcement of the antitrust laws serves its intended purposes and is in the public interest. It does this by assembling, aggregating, and analyzing information about forty of the largest recent successful private antitrust cases.


Globalization And Trade Initiatives In The Arab World: Historical Context, Progress To Date, And Prospects For The Future, Susan L. Sakmar Jan 2008

Globalization And Trade Initiatives In The Arab World: Historical Context, Progress To Date, And Prospects For The Future, Susan L. Sakmar

University of San Francisco Law Review

This Article discusses whether external trade intervention, such as the MEFTA Initiative proposed, will lead to greater economic integration of the Arab world into the multilateral trading regime, and whether MEFTA can serve as the catalyst to enhance intra-regional trade and investment.


Taking Attorney-Client Communications (And Therefore Clients) Seriously, Eli Wald Jan 2008

Taking Attorney-Client Communications (And Therefore Clients) Seriously, Eli Wald

University of San Francisco Law Review

This Article argues that the Rules of Professional Conduct still need significant improvement and should adopt a materiality-based communications rule that would ensure that clients receive all information a reasonable client would consider relevant to making decisions regarding the attorney-client relationship.


The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria L. Ontiveros, Joshua R. Drexler Jan 2008

The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria L. Ontiveros, Joshua R. Drexler

University of San Francisco Law Review

This Article highlights the economic and legal framework that has allowed a caste-like structure to be perpetuated where undocumented workers are exploited in order to do the work that economies demand, and to the extent that denial of education to the children of undocumented workers becomes part-and-parcel of this peculiar institution, the Thirteenth Amendment should prohibit it.


Sentencing Our Children To Die In Prison: Global Law And Practice, Connie De La Vega, Michelle Leighton Jan 2008

Sentencing Our Children To Die In Prison: Global Law And Practice, Connie De La Vega, Michelle Leighton

University of San Francisco Law Review

This Article focuses on the sentencing of child offenders to a term of life imprisonment without the possibility of release or parole ("LWOP"). These are children convicted of crimes when younger than eighteen years of age, as defined by the international standards contained in the U.N. Convention on the Rights of the Child.


Payday Lending: Can "Reputable" Banks End Cycles Of Debt?, Michael Kenneth Jan 2008

Payday Lending: Can "Reputable" Banks End Cycles Of Debt?, Michael Kenneth

University of San Francisco Law Review

This Article argues that banks, which face both regulatory and public pressures to maintain good practices, should be "invited" to take over the industry. Banks can not only offer lower interest rates than payday lenders, but they can also place limitations on the use of payday loans that discourage repeat borrowing without sacrificing the convenience that attracts customers to payday loans.


Race And Religion In The United Nations Committee On The Elimination Of Racial Discrimination, José A. Lindgren Alves Jan 2008

Race And Religion In The United Nations Committee On The Elimination Of Racial Discrimination, José A. Lindgren Alves

University of San Francisco Law Review

This Article analyzes the work of CERD in the area of religion, a field which, by definition, would not necessarily be covered by the mandate of a committee devoted to the eradication of racism and racial discrimination. Notwithstanding this difference of scope, to the extent that, in the contemporary world, race and religion appear increasingly interwoven, the work of CERD on religion has gradually become accepted and considered necessary.


The Fallacy Of Mandating Contraceptive Equity: Why Laws That Protect Women With Health Insurance Deepen Institutional Discrimination, Phyra M. Mccandless Jan 2008

The Fallacy Of Mandating Contraceptive Equity: Why Laws That Protect Women With Health Insurance Deepen Institutional Discrimination, Phyra M. Mccandless

University of San Francisco Law Review

This Comment takes a close look at the United States' approach to health insurance and various unsuccessful efforts at broadening the health care choices of American women in the form of contraceptive equity laws.


A Chinese American Seat At The Table: Examining Race In The San Francisco Unified School District, Cynthia Der Jan 2008

A Chinese American Seat At The Table: Examining Race In The San Francisco Unified School District, Cynthia Der

University of San Francisco Law Review

This Comment is a case study, examining the collective experience of Chinese American students with the SFUSD and its current diversity index plan. The Comment also considers the future face of the public school system in San Francisco as legal and social interests merge.