Law Commons^™

Using Science To Build Better Learners: One School’S Successful Efforts To Raise Its Bar Passage Rates In An Era Of Decline, Louis Schulze

Distinguished Speaker Series

What measures can law schools take to improve student performance and bar passage? The answer is not what you think. Recent developments in the science of learning show that most law students learn wrong. In fact, ineffective methods of learning pervade all levels of education. We now know that widely accepted learning and study strategies that were once considered gospel are actually deeply flawed. Yet we still embrace and propagate those myths.

Meanwhile, bar passage rates and law student performance are plummeting. Everyone in legal education is asking, “What can we do?” But, “What can we do?” is the wrong …

When Mass Murder, Theft, And Violation Of Civil Liberties Were "Legal": The Nazi Legal System, 1933-1945, Richard Fybel

Distinguished Speaker Series

The white nationalist rally in Charlottesville, Virginia, and the violence that resulted in the death of a counter-protester, sparked increased concerns for the protection of vulnerable minority groups. The public display of Nazi symbols and rhetoric prompted many to consider whether the United States is experiencing a resurgence of white supremacy and nationalism, and whether this movement is becoming normalized among a larger segment of the population. This program will provide lessons for lawyers and all citizens from the controversial history of the Nazi legal regime, tracing the developments that enabled Nazis to take and maintain power in Germany. The …

Who Has Standing To Sue Under The Emoluments Clauses?, Matthew I. Hall

Distinguished Speaker Series

Three pending lawsuits challenge President Trump’s practice of accepting payments and other benefits from foreign governments through his businesses as violative of the Foreign Emoluments Clause. They also allege that the President’s practice of accepting payments and benefits from state or federal governmental units violates the Domestic Emoluments Clause. These actions raise interesting questions about the meaning of two little-discussed provisions of the Constitution. But before reaching the merits the courts where these cases are pending will first have to grapple with issues of justiciability - in particular, with the question whether plaintiffs have “standing” to bring their claims in …

The Legacy Of The Immigrant Workplace: Lessons For The 21st Century Economy, Leticia Saucedo

Distinguished Speaker Series

Leticia Saucedo is a Professor of Law at U.C. Davis School of Law. She is an expert in employment, labor, and immigration law and she teaches immigration law and employment law at U.C. Davis. She has developed experiential courses in international and domestic service learning that explore the immigration consequences of crime and domestic violence in a post-conflict society. She has been a visiting professor at Duke Law School and a research scholar with the Chief Justice Warren Institute on Race, Ethnicity and Diversity at U.C. Berkeley. Professor Saucedo’s research interests lie at the intersections of employment, labor, and immigration …

Transitional Justice, The Role Of The Judiciary And Rupture Of Democracy In Brazil In 2016, Jose Carlos Moreira Da Silva Filho

Distinguished Speaker Series

In comparison to the other countries in Latin America that suffered under civilian-military national security dictatorships in the second half of the 20th century, Brazil presented two peculiarities that had an enormous influence on the characteristics of the democratic regime that began in 1988: its amnesty law was enacted while the authoritarian regime was still in power, and throughout the period of the dictatorship, it promoted a broad and intensive process of judicialization of the political repression. I believe these aspects will influence and interact in a notable way with the new coup d’état process that began in Brazil in …

Ag-Gag Laws, Lies, And The First Amendment, Justin Marceau

Distinguished Speaker Series

In this talk, Professor Marceau will discuss the intersection of free speech and lies in constitutional doctrine. “Ag-gag” laws criminalize actions that include secret filming by whistleblowers of animal abuses on factory farms. Using the proliferation of ag-gag laws as an example, Professor Marceau will identify and discuss investigative deceptions as a category of high-value lies that ought to receive rigorous free speech protection because of their instrumental value to securing and disseminating information essential to a well-functioning democracy. He will also identify, more generally, the types of limits that may be imposed on lying consistent with the First Amendment

Environmental Law And Free Trade In The Americas, Jorge Guzman, Mario Mancilla

Distinguished Speaker Series

This July, the Dominican Republic-Central America-US Free Trade Agreement (CAFTA-DR) commemorated its tenth anniversary. The member states –the United States, Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, and the Dominican Republic-- reaffirmed their shared commitment to promote sound environmental policies that ensure high levels of environmental protection while encouraging trade and investment that is in line with such polices. To its CAFTADR partners, the United States represents their most significant economic partner. Yet, many of these countries face similar challenges associated with the degradation of natural resources, the management of water resources, the enforcement of environmental laws, the illegal trade …

"Prostitution And Criminal Law: A Comparative Perspective, Alberto Cadoppi,

Distinguished Speaker Series

No abstract provided.

Constitutional Utopianism, Susan N. Herman

UTOPIA500

The sixth and final UTOPIA500 presentation was April 21, 2016. Professor Susan Herman, Centennial Professor of Law at Brooklyn Law School and President of the American Civil Liberties Union, received the official "Me and Tommy More" polo shirt from Dr. Michael P. Malloy, organizer of the UTOPIA500 project. Professor Herman delivered a presentation on Constitutional Utopianism. She explored the literary devices that More employed as narrative strategies in Utopia, and argued that his intention may have been to give focus to discussion about important issues of governance and societal structures, rather than to provide definitive answers. Professor Herman also compared …

St. Thomas More And His Utopia In Antebellum American Lawyer's Thought, Michael H. Hoeflich

UTOPIA500

The fifth UTOPIA500 presentation was April 7, 2016 about St. Thomas More and his Utopia in Antebellum American Lawyers' Thought. A former dean at Kansas Law and a renowned historian of colonial and pre-Civil War America, Professor Michael H. Hoeflich is also a fellow of the Royal Historical Society. He explored the publication history of More's UTOPIA, and the extent to which editions of the book were available in antebellum America. Professor Hoeflich noted that the novel, as a work of "politics," was well known by the likes of Jefferson, Madison, and John Adams, but its influence thereafter ebbed and …

The Communisitic Inclinations Of Sir Thomas More, David Papke

UTOPIA500

The fourth UTOPIA500 presentation was march 10, 2016. Dr. David R. Papke, Professor of Law at Marquette University Law School, received an official "Me and Tommy More" polo shirt from Dr. Malloy. Dr. Papke then spoke about The Communistic Inclinations of Sir Thomas More. A well-known scholar of legal history and law in popular culture, Dr. Papke noted the affinity that existed between the themes in Utopia and the views of Karl Marx as well as those of leaders of the Bolshevik Revolution. He also explored the problem of competing approaches to literary analysis and criticism - whether to seek …

Legal Personhood In More's Utopia, Andreea Boboc

UTOPIA500

The third UTOPIA500 presentation was Feb. 25, 2016. Dr. Andreea D. Boboc, English professor in the College of the Pacific, received an official "Me and Tommy More" polo shirt from McGeorge's Dean Francis J. Mootz III. She then spoke about Legal Personhood in More's Utopia. A published scholar of medieval English literature, Dr. Boboc explored how the fluidity and multiple jurisdictional levels of law in late medieval England shaped personhood. She had a compelling and provocative interchange with the Law and Literature students.

More’S Utopia And Income Insecurity, Daniel J. Morrissey

UTOPIA500

The second UTOPIA500 presentation was Feb. 11, 2016. Daniel J. Morrissey, Professor of Law and Dean emeritus at Gonzaga University School of Law, received an official "Me and Tommy More" polo shirt from Dr. Malloy at the beginning of the talk. Professor Morrissey then spoke about More's Utopia and Income Inequality. A published scholar of corporate securities law and jurisprudence, Professor Morrissey identified legal, political, and moral issues about social and economic inequality in late medieval England, as reflected in More's Utopia, and discussed the continuing relevance of those issues today. He sparked an animated discussion with the Law and …

Utopia And The Law And Literature Movement, Michael P. Malloy

UTOPIA500

Dr. Malloy kicked off the UTOPIA500 project with a presentation on Jan. 21, 2016. His paper, Utopia and the Law and Literature Movement, marked the quincentennial of the publication of Thomas More's novel Utopia in 1516. Dr. Malloy explored the meaning and implications of the concepts of utopia and dystopia. He argued, with colorful graphic support, that More's novel was a precursor to post-modernist literature, and that in our own time there has been a linguistic transformation of the concept of utopia to contemporary meanings that are often entirely independent of More's novel. Dr. Malloy concluded that More's novel is …

Panel 4: The Next Frontier: Space And Beyond, Fausto Pocar, Leslie Tennen, Wayne N. White Jr.

McGeorge School of Law Global Center for Business and Development Annual Symposium

What does an international law of property portend for future extraterrestrial ambitions, such as moon and near asteroid mining? How does the Outer Space Treaty address the global commons of outer space? The law of outer space is “both unclear and incomplete” – what are the implications of an international law of property for the development of outer space law?

Panel 3: Natural Resources And Biodiversity, Thomas Antkowiak, Jacquelyn Jampolsky, Stephen Mccaffrey, Rachael Salcido

McGeorge School of Law Global Center for Business and Development Annual Symposium

An international law of property will have implications on the development of natural resources, as well as implications for biodiversity around the world. Development of natural resources has an impact on national economic growth. A number of legal regimes currently exist that govern the environmental impacts of natural resource development and biodiversity protection. This panel will explore the intersections of property law and cultural and natural resources.

Panel 2: Intellectual Property, Josef Drexl, Margo Bagley, Irene Calbodi

McGeorge School of Law Global Center for Business and Development Annual Symposium

An international law of property will have implications on intellectual property rights. This area of law is currently a battleground of conflict among nations at different level of development, as well as within societies seeking to balance innovation, economic development, and human and natural health and well-being. One of the major issues is how TRIPs is moving us toward a truly international body of IP law.

Panel 1: The Framework Shaping The Law: Whose Interests Are Reflected In Existing Treaties, Practice And Norms?, Anna Dolidze, Jarrod Wong

McGeorge School of Law Global Center for Business and Development Annual Symposium

A focus on treaties, customary norms, soft law, arbital and judicial decisions to illustrate how an emergent international law of property has come to influence property rights held by private actors. This panel will focus on a) the human right to property; and b) international expropriation law.

Why The Morrison Test Doesn't Work, Marco Ventoruzzo

McGeorge School of Law Global Center for Business and Development Annual Symposium

Part of the Panel, "Transnational Securities Enforcement after Morrison"

Recent Developments In The Netherlands, Winfried H.A.M. Van Der Muijsenbergh

McGeorge School of Law Global Center for Business and Development Annual Symposium

Part of the Panel, "Always Begin with Procedure: A Comparative Look at Global Collective Actions in the Aftermath of Morrison"

From Fragmentation To Constitutionalization, Harlan Grant Cohen

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …

Fragmentation Of International Law: The Case Of International Finance & Investment Law Versus Human Rights Law, Sabine Schlemmer-Schulte

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …

The Law Of Responsibility: A Response To Fragmentation?, Kristen Boon

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …

Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator:John Sims, Professor of Law, University of the Pacific, McGeorge School of Law

This panel will focus on the bearing of human rights norms on the use of unmanned aerial vehicles (UAVs) in armed conflict situations. The ongoing and rapidly increasing development and deployment of UAVs in situations of armed conflict have arguably outpaced the law in that they are not adequately supported by a dedicated and enforceable regime of international and (trans)national rules, regulations, and standards, including relevant human rights norms. In addressing this issue, the panel will explore the role human rights norms play or should play in …

Panel 6: The Role Of Tort Law In Implementing Human Rights Norms, Ronald Krotoszynski, Adrienne Stone, David Partlett

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Julie Davies, Associate Dean for Academic Affairs and Professor of Law, University of the Pacific, McGeorge School of Law

This panel explores the impact of human rights norms on the law of defamation and privacy. To varying degrees, both civil and common law jurisdictions protect interests in privacy and reputation. The constitutionalization of U.S. defamation and privacy law has changed American tort law dramatically, while the European Convention on Human Rights has influenced the domestic law of many parties to the Convention. This panel will consider human rights norms from theoretical and comparative perspectives by examining their application to …

A Social Justice Perspective On The Role Of Copyright In Realizing International Human Rights, Steven D. Jamar

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law

This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.

Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law

This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.

Indian Patent Law And Trips: Redrawing The Flexibility Framework In The Context Of Public Policy And Health, V. K. Unni

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law

This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.

Interpretation Of Human Rights For The Protection Of The Environment In The European Court Of Human Rights, Svitlana Kravchenko, John E. Bonine

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Rachael Salcido, Professor of Law, University of the Pacific, McGeorge School of Law

The Stockholm Declaration, adopted at the 1972 United Nations Conference on the Human Environment, explicitly recognized the link between human rights and protection of the environment, proclaiming that “Both aspects of man’s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights—even the right to life itself.” More recent international developments point to the potential utility of using human rights norms as a catalyst for actions to protect the environment at the state level. Indeed, many countries …

Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar

McGeorge School of Law Global Center for Business and Development Annual Symposium

Moderator: Linda Carter, Professor of Law and Director, Legal Infrastructure and International Justice Institute, University of the Pacific, McGeorge School of Law

The extensive experience of the distinguished international jurists on this panel with human rights law and related fields will form the basis for insights and perspectives into the history and development of human rights norms. The panelists will examine the current importation of human rights norms into other areas of law and predictions for future development.