Law Commons^™

Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne

Michigan Journal of International Law

The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.

Procedural Issues In Wto Dispute Resolution, Peter Lichtenbaum

Michigan Journal of International Law

This article identifies particularly significant procedural issues that are arising in WTO dispute resolution and comments on the possible evolutionary paths of the law. This task requires that the article strike a balance between breadth of coverage and depth of coverage. As a result, the article does not aim to provide a complete discussion of all aspects of the WTO dispute resolution system and generally does not discuss issues that have not been addressed by WTO panels. The article does not seek to provide an exhaustive analysis of each issue discussed, and therefore deals briefly with the background under the …

A Nineteenth Century Habeas Corpus Mill: The Chinese Before The Federal Courts In California, Christian G. Fritz

Faculty Scholarship

Law has long been acknowledged as central to the Chinese experience in nineteenth century America, but legal historians have only recently shown a revived interest in this subject. Most of this renewed interest has focused on the experience of the Chinese before the courts and their efforts as a beleaguered minority to secure judicial protection from the discrimination they faced. Nonetheless, relatively little attention has been given to the many thousands of habeas corpus cases brought by the Chinese after 1882 in California's federal courts. San Francisco's federal judges sought to hear Chinese habeas corpus cases with judicial fairness and …

Slashing And Burning Prisoners' Rights: Congress And The Supreme Court In Dialogue, Susan Herman

Faculty Scholarship

No abstract provided.

Personal Jurisdiction For Copyright Infringement On The Internet, Christian M. Rieder, Stacy P. Pappas

Santa Clara Law Review

No abstract provided.

Custody Relocation: More Questions Than Answers Result From High Court Opinions In California And New York, Pamela Markert

Santa Clara Law Review

No abstract provided.

A Reluctant Stance By The Internal Revenue Service: The Uncertain Future Of The Use Of The Section 2503(B) Annual Gift Exclusion Following Crummey And Cristofant, Christopher Steenson

Santa Clara Law Review

No abstract provided.

Richards V. Jefferson County: The Supreme Court Stems The Crimson Tide Of Res Judicata, R. Jason Richards

Santa Clara Law Review

No abstract provided.

A Reply To Messrs. Berger And Kanner, Lois J. Schiffer

Santa Clara Law Review

No abstract provided.

Disabling Workers' Compensation Exclusivity: Enabling California Workers To File Work-Related Disability Discrimination Claims In State Court, Linda J. Lorenat

Santa Clara Law Review

No abstract provided.

A Comparison Of California Common Interest Development Law And The Uniform Common Interest Of Ownership Act, Katharine N. Rosenberry, Curtis G. Sproul

Santa Clara Law Review

No abstract provided.

Looking For A Solution: Determining Fetal Status For Prenatal Drug Abuse Prosecutions, Sarah Letitia Kowalski

Santa Clara Law Review

No abstract provided.

Books Received, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Towards A Social Capital Theory Of Law: Lessons From Collaborative Reproduction, Jason Mazzone

Santa Clara Law Review

No abstract provided.

The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii

Santa Clara Law Review

No abstract provided.

Legal Tales From Gilligan's Island, Robert M. Jarvis

Santa Clara Law Review

No abstract provided.

Emissions Trading: Pollution Panacea Or Environmental Injustice, Lorna Jaynes

Santa Clara Law Review

No abstract provided.

Trademark And Unfair Competition In Cyberspace: Can These Laws Deter Baiting Practices On Web Sites, Scott Shipman

Santa Clara Law Review

No abstract provided.

Will California's Sexually Violent Predators Act Survive Constitutional Attacks?, Tanya M. Montano

Santa Clara Law Review

No abstract provided.

Demystifying The Extraordinary Writ: Substantive And Procedural Requirements For The Issuance Of Mandamus., Charles W. Rocky Rhodes

St. Mary's Law Journal

In Walker v. Packer, the Texas Supreme Court attempted to harmonize Texas jurisprudence regarding the standards for issuing a writ of mandamus. The Walker court initially reiterated the maxim that mandamus will issue “only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” The Court defined “clear abuse of discretion” as “a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” The Court subsequently reaffirmed the “fundamental tenant” of mandamus practice stating the extraordinary writ is not …

Capital Punishment In Jewish Law And Its Application To The American Legal System: A Conceptual Overview Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Samuel J. Levine

St. Mary's Law Journal

In recent years, a growing body of scholarship has developed in the United States which applies concepts in Jewish law to unsettled, controversial and challenging areas of American legal thought. One area of Jewish legal thought that has found prominence in both American court opinions and American legal scholarship concerns the approach taken by Jewish law to capital punishment. In this Essay, Levine discusses the issue of the death penalty in Jewish law as it relates to the question of the death penalty in American law, a discussion that requires the rejection of simplistic conclusions and the confrontation of the …

Victims' Rights And The Constitution: Moving From Guaranteeing Participatory Rights To Benefiting The Prosecution Symposium: Thoughts On Death Penalty Issues 25 Years After Furman V. Georgia., Robert P. Mosteller

St. Mary's Law Journal

Supporters of victims’ rights can be broadly grouped into three categories according to their basic goals. One category seeks to guarantee participatory rights in a governmental process (“Participatory Rights”). A second category of support for the victims’ rights amendment comes from those who are animated by a pro-prosecution, anti-defendant perspective on criminal law and procedure (“Prosecutorial Benefit”). The third group supporting victims’ rights is comprised of those who demand greater protection and support for victims by the government (“Victim Protection and Aid”). The first serious attempt to amend the United States Constitution on behalf of crime victims happened in 1982. …

Clouded Judgment: The Implications Of Smith V. Merritt In The Realm Of Social Host Liability And Underage Drinking In Texas Perspective., Sabrina A. Hall

St. Mary's Law Journal

This Perspective evaluates the contradiction created by the Texas Supreme Court in Smith v. Merritt as well as its implications on social host liability in Texas. Smith creates serious ramifications regarding alcohol consumption and liability. In Smith, the Court held a social host is not liable for providing alcohol to a guest over the age of eighteen, regardless of whether the guest is under the minimum drinking age. Specifically, this Perspective critically analyzes the court’s holding, focusing on the inequities produced by permitting a social host to provide alcohol to individuals between the ages of eighteen and twenty-one without being …

Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk

St. Mary's Law Journal

In order to avert the depletion of water resources, many states have attempted to enact legislation aimed at promoting water conservation. Such legislation has been known to conflict with outdated principles of property ownership, namely the rule of capture. The rule of capture vests landowners with property rights in water located directly beneath their land. Texas categorizes water based on whether the water flows above or below the surface. Surface water is typically the property of the state, with property owners having no possessory interest in the surface water. Yet, the opposite is true for groundwater, where all rights to …

Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney

Faculty CLE

Many courts may determine hydraulic fracturing to be an impermissible trespass. Hydraulic fracturing is a common method used to increase production from oil and gas wells. However, the extent of wellbore fractures can only be determined by theoretical calculations. This reality affects the application of the legal doctrines of the rule of capture, common law trespass, and implied covenants in the oil and gas lease. When these controversies reach the court, a traditional policy conflict is also at play: whether to protect property rights or to encourage oil and gas production.

Without express legislative endorsement of fracturing as promoting valuable …

Copyright On The Internet: A Comparison Of U.S. And E.C. Protection, Erik Daems

LLM Theses and Essays

The advancement in technology, the information super highway and the internet have threatened the intellectual property of copyright owners. There is now, a relative ease in the copying, reproduction and transmission of copyrighted work through digitization. This thesis explores the legal systems of the United States, and the European Community, and their proposals towards adequate protection of works from copyright infringement. The thesis examines the competing interests of the copyright owner, the rights of users of the internet, and the role of the legislators in the United States and the European Community in balancing and protecting these interests.

The Liability Of The Automobile And Motorcycle Manufacturers And Their Suppliers For Defective Products In The United States Compared To Germany, Daniel Karl Robyn

LLM Theses and Essays

This thesis deals with the lability of automobile and motorcycle manufacturers, as well as their suppliers, in situations where a defective product causes a harmful event. Specifically, it compares the product liability laws of the Federal Republic of Germany to those of the United States of America. Before entering into the details of legal doctrine, the introductory note provides background information on the social and economic aspects of automobile use in those two countries. Next, Chapter I describes the liability regime governing claims against German motor vehicle manufacturers and their suppliers. Chapter II focuses on the comparable law in the …

Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang

LLM Theses and Essays

The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …

Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.

Publications

No abstract provided.

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

No abstract provided.