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Articles 8761 - 8790 of 10761
Full-Text Articles in Law
Book Review. Governing Through Crime: How The War On Crime Transformed American Democracy And Created A Culture Of Fear By Jonathan Simon, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Articles by Maurer Faculty
The European Union's newly enacted comprehensive regulation for industrial chemicals, known as REACH, draws heavily on three decades of experience in the United States under the Toxic Substances Control Act. Much of that experience has been negative, inasmuch as TSCA is widely regarded as a disappointment among US environmental laws, and so REACH deliberately reverses many of the legislative choices that Congress made in TSCA. REACH also takes advantage of important new regulatory concepts that were not available to the framers of TSCA thirty years ago. The passage of REACH has sparked renewed interest in reforming TSCA, and the reformers …
Tax Fairness And The Tax Mix, David G. Duff
Tax Fairness And The Tax Mix, David G. Duff
All Faculty Publications
Since a society’s tax system is one of its most basic and essential social institutions, the justice or fairness of this tax system is an important subject for social and political theory, as well as for practical politics. In order to assess the fairness of any particular tax or the tax system as a whole, however, it is essential to consider the purpose of the tax and the tax system in general. While the most obvious purpose of most taxes is to raise revenue to finance public expenditures, taxes are also employed to regulate social and economic behaviour and to …
All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen
All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen
Articles by Maurer Faculty
No abstract provided.
Ledbetter V. Goodyear: Letting The Air Out Of The Continuing Violations Doctrine?, Allison Cimpl-Wiemer
Ledbetter V. Goodyear: Letting The Air Out Of The Continuing Violations Doctrine?, Allison Cimpl-Wiemer
Marquette Law Review
None
Black, White, Brown, Green, And Fordice: The Flavor Of Higher Education In Louisiana And Mississippi, Alfreda A. Sellers Diamond
Black, White, Brown, Green, And Fordice: The Flavor Of Higher Education In Louisiana And Mississippi, Alfreda A. Sellers Diamond
UC Law Journal of Race and Economic Justice
Like many other states, Mississippi and Louisiana have struggled, and continue to struggle with the difficult problem of racial segregation in higher education. Through decades of litigation and negotiation, their higher education systems developed plans to equalize and unite the historically black and historically white institutions. The author's examination of Mississippi and Louisiana's strategies reveals that the states used several different approaches to achieve desegregation, but nevertheless their colleges and universities, like many aspects of society, remain largely racially distinct. The author concludes that many elements essential to effective desegregation were missing from the Mississippi and Louisiana plans. Hopefully, the …
Taking It To The Bank: Actualizing Health Care Equality For San Francisco's Transgender City And County Employees, J. Denise Diskin
Taking It To The Bank: Actualizing Health Care Equality For San Francisco's Transgender City And County Employees, J. Denise Diskin
UC Law Journal of Race and Economic Justice
This note tracks the decision of the San Francisco Board of Supervisors and the San Francisco Health Service System Board (HSSB) to provide transition related health care coverage to its transgender city and county employees. The author evaluates the intersection of gender identity, systemic racism, classism, and homophobia within the struggle of marginalized communities to overcome health inequities and discrimination that also often lead to chronic underemployment, lower paying jobs and insufficient medical benefits. The note uncovers the realities of access to legal rights and remedies in connection to medical care for the transgender community, whose vastly diverse needs and …
No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii
No Child Left Behind Act, Race, And Parents Involved, Joseph O. Oluwole, Preston C. Green Iii
UC Law Journal of Race and Economic Justice
Professors Oluwole and Green consider how raceconscious implementation of the No Child Left Behind Act could affect the racial achievement gap in the United States. Their article addresses challenges states and school districts are confronted with in attempting to overcome racial achievement gaps while facing decreasing budgets and mandatory procedures. They evaluate the feasibility of race-conscious school funding in the context of the Act's purposes and past challenges to school financing schemes. Professors Oluwole and Green emphasize the necessity of raceconscious school funding, both as a social justice matter and a practical matter for the future of American education.
A Bulwark Against Anarchy: Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
A Bulwark Against Anarchy: Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner
UC Law Journal of Race and Economic Justice
This article demonstrates that Pre-Start, Emory Law School's affirmative action program from 1966 to 1972, provides a useful case study for refraining the current debate around affirmative action in law school admissions. The author performs post-hoc strict scrutiny on Pre-Start, showing that it meets and exceeds the standard set in the leading affirmative action case, Grutter v. Bollinger. The historical context for Pre-Start demonstrates how similar the current arguments against affirmative action in law school admissions are to the arguments used against racial integration of public schools in the first half of the twentieth century. This analysis provides valuable historical …
Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs
Post Trauma: Cambodian Refugees And Social Security's Disability Fraud Investigations, Theodore Mccombs
UC Law Journal of Race and Economic Justice
Since 2003, the Oakland, California unit of Social Security's Cooperative Disability Investigations program has targeted certain Cambodian refugee applicants with Post-Traumatic Stress Disorder and Depression for fraud investigations. The practices of Social Security's anti-fraud program in Oakland reveal disturbing disadvantages to Cambodian refugee applicants in particular, including institutional prejudices in Social Security's rules and Cooperative Disability Investigative agents' gross insensitivity to claimants' impairments and cultural realities. This note examines these disadvantages under the legal norms of national origin discrimination, disability discrimination, and due process, and concludes with a policy proposal on how Social Security might better protect claimants' rights and …
The Legal Empowerment Of The Poor: Titling And Poverty Alleviation In Post-Apartheid South Africa, Karol C. Bourdreux
The Legal Empowerment Of The Poor: Titling And Poverty Alleviation In Post-Apartheid South Africa, Karol C. Bourdreux
UC Law Journal of Race and Economic Justice
The U.N. Development Program created the Commission on the Legal Empowerment of the Poor to explore the relationship between more formal property rights and reducing poverty. Additionally, some countries are adopting policies designed to strengthen the local property environment, such as titling real property. This article, based on fieldwork, examines the effects of property titling programs in Langa Township, South Africa. This article finds that formalization by way of titling does provide some benefits to titleholders. However, the findings also suggests that formalizing property rights in an institutional environment that has other systemic weaknesses will not transform dead capital into …
The Legal Status Of Hijab In The United States: A Look At The Sociopolitical Influences On The Legal Right To Wear The Muslim Headscarf, Aliah Abdo
UC Law Journal of Race and Economic Justice
The First Amendment of the United States Constitution guarantees freedom of religion, however the current sociopolitical and legal climate has allowed for various restrictions on hijab, the headscarf worn by Muslim women. This note surveys recent restrictions and bans affecting the wearing of hijab in educational settings, employment, prison entry, state driver license photos, athletic competitions, airports, and in court, noting an alarming trend both internationally and domestically. The author suggests that the justifications associated with actions against hijab are merely pretextual and that these actions are often based on misconceptions and misunderstandings surrounding hijab, the Muslim community, and the …
The Effects That Mediator Styles Impose On Neutrality And Impartiality Requirements Of Mediation, Susan Nauss Exon
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.
Taking Attorney-Client Communications (And Therefore Clients) Seriously, Eli Wald
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.
Reimagining Workers' Human Rights: Transformative Organizing For A Socially Aware Global Economy, Dean Hubbard
Reimagining Workers' Human Rights: Transformative Organizing For A Socially Aware Global Economy, Dean Hubbard
UC Law Journal of Race and Economic Justice
This article illustrates a strategy to reconceptualize workers' rights activism to achieve systematic transformation of the global political economy emphasizing the disproportionate toll of neo-liberal economics on women, poor people, and people of color. The first section demonstrates the way in which existing structures in international human rights law can work to provide a normative foundation to this goal. The second section emphasizes the essential next step toward reaching this transformation in what the author terms, Socially Aware Global Economy (SAGE) organizing. SAGE organizing first, reimagines the labor movement through grass roots, transnational organizing, second, revitalizes economic human rights law …
The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller
The Unmet Promises Of Care Not Cash, Teddy Ky-Nam Miller
UC Law Journal of Race and Economic Justice
In November of 2002 San Francisco voters approved Proposition N, titled Care Not Cash, with the intent that it would reduce homelessness and improve the health and welfare of homeless persons receiving General Assistance. This note examines the effectiveness of Care Not Cash in combating homelessness and in achieving its promise of services and aid with the curtailment of General Assistance. In evaluating Care Not Cash's effectiveness, the author reviews homeless assistance programs employed by cities and municipalities throughout the United States. Additionally, the author explores alternative homeless outreach programs currently existent in San Francisco which have been effective in …
Challenges Of Tough Love: Examining San Francisco's Community Justice Center And Evaluating Its Prospects For Success, Todd W. Daloz
Challenges Of Tough Love: Examining San Francisco's Community Justice Center And Evaluating Its Prospects For Success, Todd W. Daloz
UC Law Journal of Race and Economic Justice
Decaying urban neighborhoods are a reality in cities across the United States. As various local governments work to improve the quality of life for the residents of such areas through increased law enforcement, many have come up against the limitations of the criminal justice system as a tool for change. This note examines the history and challenges of quality-of-life ordinances and the growth and development of community courts as a reaction to ineffective urban courts and as a structure for enabling change. The author focuses specifically on the new community justice center in San Francisco and offers an assessment of …
On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan
On Thin Ice: Cracking Down On The Racial Profiling Of Immigrants And Implementing A Compassionate Enforcement Policy, Abby Sullivan
UC Law Journal of Race and Economic Justice
This note explores racial profiling in the enforcement of federal immigration law. In consistently deferring to the judgment of immigration officers, the United States Supreme Court has vested Immigration and Customs Enforcement with broad and sweeping discretion to adopt racist law enforcement practices that would be impermissible outside of the immigration context. In doing so, the Court has taken the erroneous position that immigration proceedings are purely civil and therefore do not require the procedural protections that collectively form the pillar of the criminal justice system. A myriad of studies demonstrate that immigrants are significantly less likely than their American-born …
Enforcing Femininity: How Jespersen V. Harrah's Operating Co. Leaves Women In Typically Female Jobs Vulnerable To Workplace Sex Discrimination, Amy Lifson-Leu
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.
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.
Globalization And Trade Initiatives In The Arab World: Historical Context, Progress To Date, And Prospects For The Future, Susan L. Sakmar
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.
Race And Religion In The United Nations Committee On The Elimination Of Racial Discrimination, José A. Lindgren Alves
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
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.
Sentencing Our Children To Die In Prison: Global Law And Practice, Connie De La Vega, Michelle Leighton
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.
Revisiting The Application Of The Exclusionary Rule To The Good Faith Exceptions In Light Of Hudson V.Michigan, Shenequa L. Grey
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.
Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer
Democracy And Tort Law In America: The Counter Revolution, Christopher J. Roederer
School of Law Faculty Publications
Although the seeds of democracy and democratic tort reform were sown well before America’s founding, neither began to blossom until after the Second World War. Democratic progress from the 1950s to the 1970s led to, and was in part consolidated by, progressive developments in tort law during the same period. Unfortunately, the last quarter century has been a period of democratic decay in America and just as the revolution in tort law was bound up with democratic progress, the counter-revolution in tort law has tracked and reinforced the waning of American democracy since the 1980s. Although a few authors have …
The Unending Onslaught On Tribal Sovereignty: State Income Taxation Of Non-Member Indians, Scott A. Taylor
The Unending Onslaught On Tribal Sovereignty: State Income Taxation Of Non-Member Indians, Scott A. Taylor
Marquette Law Review
No abstract provided.
Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl
Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl
Marquette Law Review
No abstract provided.
Responding To Summary Judgment, Bradley Scott Shannon
Responding To Summary Judgment, Bradley Scott Shannon
Marquette Law Review
No abstract provided.
The Causal Nexus Doctrine: A Further Limitation On The Employer's Ada Duty Of Reasonable Accommodation In The Seventh Circuit, James M. Carroll
The Causal Nexus Doctrine: A Further Limitation On The Employer's Ada Duty Of Reasonable Accommodation In The Seventh Circuit, James M. Carroll
Marquette Law Review
No abstract provided.