Law Commons^™

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …

Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza

University of Massachusetts Law Review

James Joyce’s Ulysses was a revolutionary novel, and this much is common knowledge. What is not common knowledge is how useful Ulysses was in pushing the boundaries of freedom of expression. This masterpiece of literature opened the door for modern American free speech jurisprudence, but in recent years has become more of an object of judicial scorn. This Article seeks to educate legal scholars as to the importance of the novel, and attempts to reverse the anti-intellectual spirit that runs through modern American jurisprudence, where the novel is now more used as an object of mockery, or as a negative …

Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.

This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.

Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine

Winter, Wilderness, and Climate--Threats and Solutions (October 12)

Presenters:

Jim Ramey, The Wilderness Society

Lindsay Bourgoine, Protect Our Winters

56 slides

1912 - Report Of The Conservation Commission Of The State Of California

Miscellaneous Documents and Reports

The report prepared by the Conservation Commission of the State of California investigated and gathered data and information concerning forestry, water, the use of water, water power, electricity, electrical or other power, mines and mining, mineral and other lands, dredging, reclamation and irrigation, providing such information for the purpose of revising, systematizing and reforming the state laws pertaining to these subjects.

The Tyranny Of Small Things, Yxta Maya Murray

Michigan Journal of Race and Law

In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …

Conflict Of Laws: Foreign Law As Datum, Herma Hill Kay

Herma Hill Kay

Examines the contributions of California Supreme Court Chief Justice Roger Traynor to the field of conflict of laws. Review of the case of the 'Estate of Perkins'; Case of 'Bernkrant v. Fowler'; View that Traynor's approach to a conflicts problem cannot be equalled by other judges.

Legal Planning For The Mentally Retarded: The California Experience, Herma Hill Kay, Louise J. Farnham, Beth Davis Karren, Jeanne Knakal

Herma Hill Kay

Focuses on the development of legal planning for the mentally retarded in California from 1960 to 1971. Role of two pioneering organizations on the study of mental health services and retardation; Theoretical basis for requiring court commitment as part of hospital admission process; Effect of legal implications of commitment on the retarded; Impact of legal aspects on parents' motivation for the retarded's care facilities; Creation of legal tool for coordinating services on a personal basis.

Introduction: Practical Reason And The Scholarship Of Philip P. Frickey, Daniel A. Farber

Daniel A Farber

The article profiles Philip P. Frickey, a former law professor at the University of California, Berkeley. It says that Frickey graduated from the University of Kansas in 1975 and from the University of Michigan Law School in 1978. It states that he practiced law in Washington, D.C. for a few years before joining the faculty of the University of Minnesota Law School, where he taught for seventeen years. It reveals that professor Frickey joined the Berkeley Law staff in 2000.

California Climate Law---Model Or Object Lesson?, Daniel A. Farber

Daniel A Farber

In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes. At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …

Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.

Christopher Edley

No abstract provided.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

1893 - Resources Of California, H. H. Markham

Miscellaneous Documents and Reports

This 1893 publication that highlights the resources of the State of California was prepared in response to State legislation requiring that the report be prepared for distribution at the World's Columbian Exposition. It includes a description of each county, including area, population, chief industry, climate and soils, that would assist the intending settler "in forming his judgment as to which part of the State offered immediate advantages in the pursuit of the vocation he chose to follow."

Santa Clara Magazine, Volume 57 Number 3, Summer 2016, Santa Clara University

Santa Clara Magazine

26 - CAN’T THREAD A MOVING NEEDLE To tackle sexual assault on college campuses, a playwriting project comes to the screen. By Danae Stahlnecker ’15.

28 - MISSION CRITICAL When three students fell ill from meningitis-causing bacteria—which can be fatal—it meant the clock was ticking. And to get through this, it would take everybody’s help. By Harold Gutmann.

36 - “WHERE ARE THEY TAKING US?” A journal from the front lines of the Syrian refugee crisis in Greece. By Colleen Sinsky ’10.

40 - NO STRANGERS HERE Refugees, home, and work by Ameera Naguib ’16 from Jordan to Silicon Valley. …

Slides: The Colorado River Basin, Larry Macdonnell

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado

17 slides

Slides: Arizona Contributions To Address Lake Mead's Structural Deficit, Amy Mccoy

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Amy McCoy, Director, Aylward + McCoy & Pilz Consulting LLC, University of Arizona

18 slides

Slides: The Columbia River Basin, Barbara Cosens

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program

16 slides

Agenda: Coping With Water Scarcity In River Basins Worldwide: Lessons Learned From Shared Experiences, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Water scarcity is increasingly dominating headlines throughout the world. In the southwestern USA, the looming water shortages on the Colorado River system and the unprecedented drought in California are garnering the greatest attention. Similar stories of scarcity and crisis can be found across the globe, suggesting an opportunity for sharing lessons and innovations. For example, the Colorado River and Australia's Murray-Darling Basin likely can share many lessons, as both systems were over-allocated, feature multiple jurisdictions, face similar climatic risks and drought stresses, and struggle to balance human demands with environmental needs. In this conference we cast our net broadly, exploring …

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.

Index Cards Of Maps Of Mexico And California

National Archives Documents

Handwritten and typed index cards providing location in National Archives and details regarding maps of Mexican and Californian:

Early Spanish map embracing frontiers of his majesty's (Spanish) territories in North America

1804 General map of the Kingdom of New Spain

Second edition (1846) of 1832 map of the United States of Mexico Republic

1849 California, Chart of the coast from San Blas to San Francisco, James Imray

1916 Map of Mexico issued by Southern Department of Army Continental Command for War College

Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee

Global Business Law Review

This note argues that California has to create regulations that prevent complete privatization of desalination facilities and protect the public's right to the water. This note provides a model that should be adopted by California in order to safeguard the water and community. There must be legislations and regulations to answer important issues of water rights and distribution of the desalinated water. Israel has utilized and the technology of desalination for half a century and has laws pertaining to water and privatization that can provide insight into what should be adopted by California.

'Illegal And Void': The Effects Of State And Federal Legislation On Filipino Migrants In The American Empire, Hayley Mcneill

Theses and Dissertations

The colonial relationship between the United States and the Philippines helped periodize Filipino migration to America in the first half of the 20th century, drastically in the 1920s and 1930s. Young Filipino men moved from the American-governed islands to other American territories and throughout the West Coast. Filipinos moved consistently for work. The constant seasonal travel, state and federal legislation, and projected characteristics on the young men increased Filipinos inability to settle, enacted barriers against marriage, and halted Filipinos ability to reach adulthood. Laws surrounded by exclusionary attitudes, including the Cable Act, California Civil Code Sections 60 and 69, the …

When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison

University of Michigan Journal of Law Reform

Each year, thousands of children become wards of the state when a court terminates the legal rights of their parents. Between 2010 and 2014, more than 307,000 children lost their legal relationships to their parents in Termination of Parental Rights (TPR) proceedings. A growing percentage of child welfare cases involve older children. At the same time, too many young people lose their legal relationships with their parents without a family waiting to adopt them. The stakes are high for children in TPR cases; nonetheless, many children—even older children—cannot meaningfully participate in proceedings. Moreover, TPR cases threaten parents’ and children’s rights …

Santa Clara Magazine, Volume 57 Number 2, Spring 2016, Santa Clara University

Santa Clara Magazine

20 - LET THERE BE LIGHT Frank Cepollina ’59—the NASA maverick who saved Hubble. By Robert Zimmerman.

28 - LIKE NO PLACE ON EARTH Talking with John A. Sobrato ’60 about building Silicon Valley—literally. By Michael S. Malone ’75, MBA ’77.

32 - DISRUPTION IN THE HOUSE Allison Kopf ’11 just won one of the premier startup competitions on the planet. She’s making the Google Analytics of greenhouses. By Ed Cohen.

34 - AN AMERICAN STORY A few words from the remarkable life of Francisco Jiménez ’66. By Steven Boyd Saum.

38 - DR. JEROME HE was a man of …

California Fair Trade: Antitrust And The Politics Of “Fairness” In U.S. Competition Policy, Laura Phillips Sawyer

Scholarly Works

In the decades before World War II, U.S. antitrust law was anything but settled. Considerable pressure for antitrust revision came from the states. A perhaps unlikely leader, Edna Gleason, organized California’s retail pharmacists and coordinated trade networks to monitor and enforce Resale Price Maintenance (RPM) contracts, a system of price-fixing, then known as “fair trade.” Progressive jurists, including Louis Brandeis and institutional economist E. R. A. Seligman, supported RPM as a protection to independent proprietors. The breakdown of legal and economic consensus regarding what constituted “unfair competition” allowed businesspeople to act as intermediaries between heterodox economic thought and contested antitrust …

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

Sticks And Stones May Break My Bones, But Words Will Always Hurt Me: Why California Should Expand The Admissibility Of Prior Acts Of Child Abuse, Lindsay Gochnour

Pepperdine Law Review

This Comment seeks to explore the effect that the admissibility of prior bad acts evidence would have on child maltreatment cases and the benefits that would be afforded to child abuse victims if they were provided the same legal protections as victims of other crimes. This Comment argues that expanding the California Evidence Code to allow the admission of prior acts of psychological and emotional child maltreatment would make great progress for the protection of child abuse victims and the prosecution of their (often losing) cases.

“A False Idea Of Economy”: Costs, Counties, And The Origins Of The California Correctional System, W. David Ball

Faculty Publications

Realignment in California comes at a time when the state’s prison system is expensive and overcrowded; the response has been to reevaluate and reconfigure the way counties use state prisons. Based on an original historical analysis of state archival records from the late nineteenth and early twentieth centuries, as a well as a review of secondary historical accounts of California’s prison system, I show that similar problems and policies were present at the state’s founding: issues of expense, overcrowding, and the county-state relationship help to explain the origins, size, and shape of the California prison system. California’s lack of money …