Law Commons^™

In Consumer Protection We Trust? Re-Thinking The Legal Framework For Country Of Origin Cases, Shmuel I. Becher, Jessica C. Lai

San Diego Law Review

Markets are becoming more complicated in an ever faster changing world. New findings pertaining to human behavior and consumer markets constantly challenge traditional legal and policy assumptions. Social science offers a myriad of insights into the ways trust, identity, ideology, and preferences interact and impact one another. Against this background, the need to advance a nuanced legal framework is increasingly vital.

Consumer law policy requires an interdisciplinary and holistic approach. Recent scholarship has acknowledged this need, proposing novel ways to enrich the academic discourse and develop consumer law policy. Along these lines, a growing body of literature examines how notions …

Conscious Identity Performance, Leslie P. Culver

San Diego Law Review

Marginalized groups in the legal profession sometimes feel pressure to perform strategies to communicate their identity in a predominantly white legal profession. Relevant legal scholarship describes this phenomenon, for example, in terms such as covering and passing—largely forms of assimilation. The notion is that outsiders—women, people of color, LGBTQ—use these strategies to communicate with insiders—white, heterosexual, males—in ways designed to advance their status in the legal profession. This article expands on that scholarship by drawing on a theoretical framework that legal scholars have largely ignored: co-cultural theory. This interdisciplinary theory describes how non-dominant cultures communicate in a dominant society. In …

Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton

San Diego Law Review

High in the towers of academia, the lofty ideals of free speech are tossed around with a deceptive ease. However, as legal minds grapple with heady legal doctrines, free speech has concrete consequences down at the foot of those towers. At this ivory base, the property line between the university and the community blur. Students and nonstudents assemble and deliver conflicting speech that, at times, foments violence. Molotov cocktails, gun shots, broken windows, disgruntled students. All attempts to trigger the dreaded heckler’s veto—an attempt the government has an obligation to prevent. In addition to the public relations disasters grown from …

Tort Reform With Chinese Characteristics: Towards A Harmonious Society In The People's Republic Of China, Andrew J. Green

San Diego International Law Journal

This Article presents an analysis of tort law in China specifically focusing on personal injury tort law. It provides a general background on the role of tort law in society, and then it analyzes the specific laws, regulations, and cases that form the personal injury tort regime, covering both historical and recent laws. The article then explores the forces in society and politics that seem to be behind the new legal rules. It concludes by drawing attention to several steps that may be taken as part of further reform.

Equality In Germany And The United States, Edward J. Eberle

San Diego International Law Journal

This Article will proceed as follows. Part I will describe the methodology and approach of American and German equality law. The constitutional Courts of both countries value equality highly, resulting in strong and well developed jurisprudence. Each of the Courts employ a sliding scale of judicial scrutiny with the degree of scrutiny varying with the trait or personal interest affected by the governmental measure. Strict or extremely intensive scrutiny applies to measures targeting personal traits that especially affect a person's identity, like race, national heritage, or alienage under United States law, and race, sex, gender, language, national origin, disability, faith, …