University of San Francisco Law Review 2002 - 2003: Vol 37 Index

11 Pages·1.5 MB·English

INDEX TO VOLUME 37
AUTHOR INDEX TO ARTICLES, COMMENTS
AND BOOK REVIEWS
ALPHRAN, DEREK M Proving
Adarand: “lf It Walks Like a Duck
Arves, J.A. LinpGREN: The Durban Conference Against Racism and
Evervone’s Responsibilities
I Gender, Work, and the NAFTA Labor Side \gree-
ment
Brown, REBECCA | \ Government For the People
Bupps, BRIAN: Toward a Just Model of
Tissue
Burris, SCOTT, STRATHDEEF, STEFFANIE A., & VERNICK, JON S.: Lethal
Injecuons: The Law, Science, a1 Politics of Svringe Access for
Injection Drug Users
COLLINGSWORTH, TERR separating Fact from Fiction in the Debate
over Application of The t Claims Act to Violations of
Fundamental Human Rights by Corporations
CRAVER, CHARLES B.: The American Worker: Junior Partner in Suc-
cess and Senior Partner in Failure
Davis, JosHuA P.: How Democratic Is the |
Court:
DENVIR, JOHN: Proudly Political
Dr Vries, LizABeETH N.: Guilt By Association
Conspiracy Law Will Increase Youth Viole:
DUNNIGAN, ALANA: Restoring Power to the Powet1
Reform California’s Mandatory Mediation
Domestic Violence
EISGRUBER, CHRISTOPHER L.: Constitutional Self-Govern
Judicial Review: A Reply to Five Critics
GHER, JAIME M.: Status of Forces Agreements
tive Foreign Policy and Lessons To Be Learn
States-Japan Agreement
GorEN, SETH WitttAM: Looking for Law in
Problems in Applying the Implied Covenant of Good
Hearpuy, Marruew: The Intricacies of Commercial
the United States and Brazil: A Comparison of I
Arbitration Statutes
Her, Monica & ZucKER, BRucE: The People’s Court Examined
Legal and Empirical Analysis of the Small Clain
system
Hits, Jk., Roperick M.: Are Judges Really More Principled than
to Override State Controlled Medical Practice pet
Lyons, JEFFREY S.: Be Prepared: Unsuspecting Employers Are Vul-
nerable for Tithe VII Sexual Harassment Environment
Claims.
Menpez, Micuet A: Il. Expert Testimony and the Opinion Rule:
Conforming the Evidence Code to the Federal Rules
Menpez, Micuet A: I. Hearsay and Its Exceptions: Conforming the
Evidence Code to the Federal Rules ‘
Menpez, Micues A: UL. The Role of Judge and Jury: Conforming the
Evidence Code to the Federal Rules Saree:
Okamoto, Scorr T.: Musical Sound Recordings as Works Made fo
Hire: Money for Nothing and Tracks for Free
Ontiveros, Maria L.: Work in the 21st Century—Creatin
cial Architecture .
PENNINGTON, TARA L.: Doe 1 v. City of Murrieta. How the California
Court of Appeal Missed the Mark on Vicarious Liability for Sex-
ual Torts Committed by On-Duty Police Officers
STRATHDEEF, STEFFANIE A., VERNICK, JON S., & Burris, Scorr: Lethal
Injections: The Law, Science, and Politics of Syringe Access for
Injection Drug Users
Tarpot, Ropert E.: A Practical Guide to Representing Parties in
EEOC Mediations
TuUsHNET, Mark: A Goldilocks Account of Judicial Review?
VERNICK, JON S., BuRRIS, ScoTT, & STRATHDEE, STEFFANIE A.: Lethal
Injections: The Law, Science, and Politics of Syringe Access for
Injecuon Drug Users
WALDRON, JEREMY: Eisgruber’s House of Lords
Weiss, MarLry S.: Two Steps Forward, One Step Back—Or Vice
Versa: Labor Rights Under Free Trade Agreements from
NAFTA, Through Jordan, via Chile, to Latin America, and
Beyond
ZAVALA, JACINTO: Teachers Beware! You May Be Liable Under Pro-
position 227: California Teachers Association v. State Board of Edu
CONOR...
ZUCKER, BRUcE & Her, Monica: The People’s Court Examined:
\ Legal and Empirical Analysis of the Small Claims Court Sys-
rITLE INDEX TO ARTICLES, COMMENTS, NOTES,
AND BOOK REVIEWS
Pure AMERICAN WorRKER: JUNIOR PARTNER IN SUCCESS AND SENIOR
PARTNER IN FAILURE. By Charles B. Craver
ARE JUDGES REALLY MORE PRINCIPLED THAN VOTERS? By
Hills, pr aloie Renae ae
Bre PREPARED: UNSUSPECTING EMPLOYERS ARE VULNERABLE FOR TITLI
VIT Sexuat HARASSMENT ENVIRONMENT CLaims. By Jeffrey S
ro Five Critics. By Christopher L. Eisgruber. er
THe DURBAN CONFERENCE AGAINST RACISM AND EVERYONE'S RESPON
SIBILITIES. By [.A. Lindgren Alves
EISGRUBER’S House OF Lorps. By Jeremy Waldron aig Wades
Ii. Expert TESTIMONY AND THE OPINION RULE: CONFORMING THE Evi
DENCE CODE TO THE FEDERAL RuLEs. By Miguel A. Méndez
GENDER, WORK, AND THE NAFTA LaBor SIpbE AGREEMENT. By Kate E.
\ GOVERNMENT For the People. By Rebecca L. Brown
Guitr BDD y ASSOCIATION: PROPOSITION 21’s GANG CONSPIRACY
WiLL INCREASE YOUTH VIOLENCE IN CALIFORNIA. By Lizabeth N. dé
I. HEARSAY AND Irs EXCEPTIONS: CONFORMING THE EVIDENCE Copt
rO THE FEDERAL RuLes. By MiguelA . Méndez
How Democratic Is THE UNITED STATES SUPREME Court? By Joshua
P. Davis
THE INTRICACIES OF COMMERCIAL ARBITRATION IN THE UNITED STATES
AND Brazit: A COMPARISON OF Two NATIONAL ARBITRATION
STATUTES. By Matthew Heaphy -
Dor 1 v. Crry oF Murrieta: How THE CALIFORNIA Cot
MisseED THE MARK ON ViICARIOUS LIABILITY FOR SEXUAL TORTS
CommMiTrTrepD BY On-Duty Potricek Orricers. By Tara L.
Pennington be
LETHAL INJECTIONS: THE LAw, SCIENCE, AND POLITICS OF SyYRINGI
CESS FOR INJECTION DruG Users. By Scott Burris, Steffanie A
Strathdee, and Jon S. Vernick re
LOOKING FOR LAW IN ALL THE WRONG PLACES: PROBLEMS IN APPLYING
rHE IMPLIED COVENANT OF Goop FAITH PERFORMANCE. By Seth
William Goren af ae 4
MusicaAL SOUND RECORDINGS AS WORKS MADE FOR HIRE: MONEY FOR
NOTHING AND TRACKS FOR FREE. By Scott 7. Okamoto
OREGON V. ASHCROFT: THE ATTORNEY GENERAL'S ATTEMPT TO OVER
RIDE STATE CONTROLLED MEDICAI PRACTICI (
sey
Kaufma) L065
THE Peopte’s Court EXAMINED: A LEGAL AND EMPIRIC
rHE SMALL Cramms Courr System. By Bruce Zucken
He
\ PracricAL GuIDE TO REPRESENTING PARTIES IN EEOC Mepti
By Robert E. Talbot. oe
PROUDLY POLITICAL. By John Denva
PROVING DISCRIMINATION AFTER CROSON AND ADARAND: “Ie lh
Like A Duck’. By Derek M. Alphran :
RESTORING POWER TO THE POWERLESS: THE NEED TO REFORM Cal
FORNIA’'S MANDATORY MEDIATION FOR VICTIMS OF DOMES!
VIOLENCE. By Alana Dunnigan
Il. Tre ROLE ¢« UDGE ANI RY: CONFORMING TI
rO THE FEDERAL Rt . By Miguel A. Méndez
SEPARATING FACT FROM FICTION IN THE DEBATE ¢
THe Auten Torr Criaims Act TO VIOLATIONS
HuMAN RIGHTS BY CORPORATIONS. By Jerry Coll
S OF FORCES AGREEMENTS TOOLS TO FURTHER EFFECTIVE F‘
EIGN Powicy AND LESSONS To Bre LEARNED FROM THI
STATES-JAPAN AGREEMENT. By Jaime M. Gher
TEACHERS Beware! You May Be LiaBLe UNDER
/ nia leachers Association
UadU
MobeE. Or ALIENABILITY O
PS FORWARD, ONE Strep BAack—O!
r
rs UNpberR FRE! TRADI \GREEME?
THROUGH JORDAN, VIA CHILE,
RY—CRI
SUBJECT INDEX TO ARTICLES, COMMENTS
AND BOOK REVIEWS
\FFIRMATIVE ACTION
ving Discrimination After ¢
Like a Duck ]
ALTERNATIVE DISPUTE RESOLUTION
The Intricacies of Commercial Arbitration
\ Comparison of Tw
il (suide to Re pres¢ nung
Pe we rle SS
Mediation
all1]y More Principle] d 1 ¢t} han \V otet rs
of Lords
eae ant of fidici
LOCKS Account oO udiclal
rnment For the P)e ople}
Democratic Is the United States Suprem
ll] y P)o htliiesc al ]
CALIFORNIA STATE LAW
Di City of Murrieta. How the (
Missed the Mark on Vicarious Lia }D LLIC
mitted by On-Duty Police Officers
Phe People s Court Examined \ Leg
of the Small Claims Court System
Restoring Power to the Powerless: The
nia’s Mandatory Mediation — for
Violence ’
If. The Role of Judge ar iy: Conforming
the Federal Rules
hers Beware! You May Be |L iable Under Propositi
a l eachers Association f }
CIVIL. PROCEDURI
The People’s Court Examined: A Legal and Empirical Analysis
of the Small Claims Court System . eats = 315
Il. The Role of Judge and Jury: Conforming the Evidence Code
to the Federal Rules re ‘ ; re ; L003
CONSTITUTIONAL LAW
\re luda s Really More Principled than Voters?
Constitutional Self-Government and Judicial Review: A Reply to
Five Critics
Eisgruber’s House of Lords ee
\ Goldilocks Account of Judicial Review-
\ Government For the People
How Democratic Is the United States Supreme Court: ,
Orego) \sheroft! The Attorney General’s Attempt to Override
State Controlled Medical Practice ............. eos : Sie 1065
Proudly Political ee tale, ce
Proving Discrimination After Croson and Adarand: “If It Walks
I ike 1 Duck’
CONTRACT LAW
Looking for Law in All the Wrong Places: Problems in Applying
the Implied Covenant of Good Faith Performance
COPYRIGH1
Musical Sound Recordings as Works Made for Hire: Money fo1
Nothing and Tracks for Free
EDUCATION
feachers Beware! You May Be Liable Under Proposition 22& 7
/ ‘ . , :
Ca ) (] li whers Association 7 late Board of Kducation
ENTERTAINMENT
Musical Sound Recordings as Works Made for Hire: Money for
Nothing and Tracks for Free
EVIDENCI
Il. Expert Testimony and the OpiniRounle : Conformtihen gEv -
idence Code to the Federal Rules.. bik} aturabeseiesuie re ahaiers
1. Hearsay and Its Exceptions: Conforming the Evidence Code
to the Federal Rules emake kc Gxthesaeer garsietved iG
Proving Discrimination After Croson and Adarand: “If It Walks
Like a Duck”
he Role of Judge and Jury: Conforming the Evidence Code
to the Fede ral Rules
FOREIGN POLICY
Gender, Work, and the NAFTA Labor Side Agreement
he Durban Conference Against Racism and Everyone's Respon-
sibilities
tatus of Forces Agreements: Tools to Furthe ffectuve Foreign
Policy and I CSsons lo Be Learned from the United Stat
Japan Agreement
HEALTH LAW
Lethal Injections: The Law, Science, and Politics of Syringe Ac
cess for Injection Drug Users
Oregor Ashcroft. The Attorney General’s Attempt to Override
State Controlled Medical Practice
Toward a Just Model of Alienability of Human Tissue
IMPLIED COVENANT OF GOOD FAITH DOCTRINI
Looking for Law in All the Wrong Places: Problems in Applying
the Implied Covenant of Good Faith Performances
INTELLECTUAL PROPERTY
Musical Sound Recordings as Works Made for Hire: Money for
id Tracks tor Free
Poward a Just Model of Alienability of Human Tissue
INTERNATIONAL LAW
[The Durban Conference Against Racism and Everyone's
Responsibilities ; Sag 97]
The Intricacies of Commercial Arbitration in the United States
and Brazil \ Comparison of Two National Arbitration Stat-
utes — ah ;
Status of Forces Agreements: Tools to Further Effective Foreign
Policy and Lessons To Be Learned from the United States-
Japan Agreement
Two Steps Forward, One Step Back—Or Vice Versa: Labor
Rights Under Free Trade Agreements from NAFTA,
Through Jordan, via Chile, to Latin America, and Beyond.
JUDICIAL PROCESS
\re Judges Really More Principled than Voters:
Constitutional Self-Government and Judicial Review: A Reply to
Five Critics d oF
Eisgruber’s House of Lords ae
\ Goldilocks Account of Judicial Review? ...
\ Government for the People a
How Democratic Is the United States Supreme Court:.
The People’s Court Examined: A Legal and Empirical Analysis
of the Small Claims Court System... erie mia 15
Proudly Poliucal 27
Proving Discrimination After Croson and Adarand: “If It Walks
Like a Duck” ,
Il. The Role of Judge and Jury: Conforming the Evidence Code
to the Federal Rules ; ae ; L003
JUVENILE LAW
Guilt By Association: Proposiuon 21's Gang Conspiracy Law Will
Increase Youth Violence in California 19]
LABOR AND EMPLOYMENT
The American Worker: Junior Partner in Success and Senior
Partner in Failure rs
Be Prepared: Unsuspecting Employers Are Vulnerable for Titk
VII Sexual Harassment Environment Claims 2h
Gender, Work, and the NAFTA Labor Side Agreement
\ Practical Guide to Representung Parties in EEOC
Mediations
Separating Fact from Fiction in the Debate over Application of
The Alien Tort Claims Act to Violations of Fundamental
Human Rights by Corporations
[wo Steps Forward, One Step Back—Or Vice Versa: Labor
Rights Under Free Trade Agreements from NAFTA,
Through Jordan, via Chile, to Latin America, and Beyond
Work in the 21st Century—Creating the Social Architecture ..
MEDIATION
\ Practical Guide to’ Representing Parties in
Mediations ee bes sci 5 5a ve
Restoring Power to the Powerless: The Need to Reform Califor-
nia’s Mandatory Mediation for Victims of Domestic
Violence Re eee 1031
PROPERTY
Toward a Just Model of Alienability of Human Tissue
PUBLIC POLICY
Lethal Injections: The Law, Science, and Politics of Syringe
\ccess for Injecuon Drug Users OR eee
Musical Sound Recordings as Works Made for Hire: Money fo1
of the Small Claims Court System...
TITLE VII
Be Prepared: Unsuspecting Employers Are Vulneral
VII Sexual Harassment Environment Claims
PORT LAW
Doe 1 City of Murneta: How the California Court of Appeal
Missed the Mark on Vicarious Liability for Sexual Torts Com
mitted by On-Dutvyv Police Officers
Separating Fact from Fiction in the Debate over Application ot
\lien Tort Claims Act to Violations of Fundament
il
Corporations
WORK MADE FOR HIRE DOCTRINI
Musical Sound Recordings as Works Made for Hire: Mone
Nothing and Tracks for Free