Law Commons^™

Of Commonwealths And Our Commonwealth: An Introduction, Colin Crawford

Publications

The symposium articles published here represent a range of considerations of the meaning and implications of the word "commonwealth," as well as its predecessors and some of its distant antecedents. In all, the articles cover over 400 years of history.

Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy

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This article is about child obesity, school food, and the key role schools can play in creating environments that can enhance children’s eating patterns and lifestyle behaviours and, thus, can support the realization of children’s best interest in relation to food and health. In contrast to the traditional approach that frames the obesity problem as a personal issue or as a matter of parental responsibility, this article argues that the prevention of child obesity should be interpreted as a State obligation under both international and domestic laws. Analysis turns to the example of the Healthy, Hunger-Free Kids Act, adopted in …

A Função Social Da Propriedade E O Direito À Cidade: Teoria E Prática Atual, Colin Crawford

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No abstract provided.

Master Gardeners, Kathleen Morris

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In legal education, we tend to focus first and foremost on producing graduates who can effectively serve and thrive in the private for-profit, non-profit, and federal government economies. There are pressing reasons to maintain these priorities. And yet, assuming legal educators come to believe -- as Schragger has (and I have) -- that cities belong "at the center of economic and constitutional thinking," it stands to reason that law schools should find a way to place cities among the subjects at the center of legal educational thinking. Now is the time to consider how law schools can help raise up …

When Family Meets Business: The Challenge Of Work/Life Balance, Michele Benedetto Neitz

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Some businesses in San Francisco are listening closely to the needs of their employees while maximizing efficiency. Technology companies, for example, were pioneers in designing workspaces to fit the physical and emotional needs of their workers. This includes cafeterias with free food and coffee, gym and exercise rooms, meditation rooms, and oncall massage therapists.

Of course, tech companies' use of onsite facilities can be viewed as an attempt to stack the work/life balance deck, allowing people to spend more of their "life" at the workplace. In turn, employees in these companies need not ever leave the building — a clear …

Angel Angelina, Rachel A. Van Cleave

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Dean Van Cleave writes to the American Way magazine, the in-flight magazine of American Airlines, in support of veterans.

Veterans Lead The Way At Golden Gate Law, Rachel A. Van Cleave

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No abstract provided.

What Law Schools And Lawyers Can Do For Veterans, Rachel A. Van Cleave

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The mass shooting that left three dead and sixteen injured this year at Fort Hood is a stark reminder of the challenges and difficulties facing our service men and women. Within days of the tragedy, I attended two conferences in Washington, D.C. to discuss how the legal community may work to serve veterans. One was hosted by the U.S. Department of Veterans Affairs and the other by the Puller Clinic at William & Mary Law School.

Paging Dr. Derrida: A Deconstructionist Approach To Understanding The Affordable Care Act Litigation, Laura A. Cisneros

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Sovereignty federalism and cooperative federalism represent the two dominant federalism narratives among Supreme Court justices and scholars. The Court consistently invokes formal protections to safeguard the states' right to preside over their own empires.' Sovereignty scholars tend to embrace this dualistic vision of federalism that locates federalism's success in the state's ability to exercise supreme policymaking authority within its own sphere of influence without federal interference. By contrast, academics that lean toward cooperative federalism locate the states' power in their position as federal servants, not separate sovereigns. Scholars have commented that even though these academics tend to resist the rigid …

Build On Your Law School Success, Angela Dalfen, Leeor Neta

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Much — perhaps too much — has been written about the skills one needs to obtain a legal job. From our point of view as administrators on either end of the law school experience, it is clear that many of the attributes sought by law school admissions committees are akin to those sought by prospective employers. We counsel students and attorneys to consider how the "soft skills" they relied on to gain entry to law school will serve them equally well as job seekers.

When Can The Baseball Writers For The Hall Of Fame Consider Cheating Through Ped Use, Or Not?, Wes R. Porter, Dan Dressman

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When the 2013 MLB Hall of Fame Ballot was released this past November, the heated discussion began about which controversial candidates, if any at all, would be inducted into Cooperstown (HOF). while isolated athletes have come up in previous years, this year represents a first real tension between the modern ear of baseball - the "steroid era" - and traditional standards for admission into the Hall. The 537 baseball writers are, and should be, entrusted to weigh cheating and use of PEDs against the HOF's criteria of "character," "sportsmanship" and "upholding the integrity of the game." These writers each will …

Resolving Arbitrability, Jon H. Sylvester

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No abstract provided.

The Most Common Path To A Public Interest Career Is Also The Least Discussed, Leeor Neta

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There are ultimately three avenues to a public interest legal career. The first is a postgraduate fellowship with a public interest organization. The second is a judicial clerkship; clerkships demonstrate a commitment to public service that can attract public interest employers. While these paths to a public interest career are certainly desirable, it is probably fair to say that most future public interest lawyers pursue a third avenue: taking whatever comes, maintaining a long-term perspective, and doing one’s best to exemplify a commitment to public interest in the meantime.

Helping The Bench Find Justice, Myron Moskovitz

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No abstract provided.

1st Step: Integrated Trial Advocacy And Evidence Class At Golden Gate University School Of Law, Wes R. Porter

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We all conceive ways to best train future litigators and trial advocates during their time in law school. Two summers ago, I listened intently to some of those ideas at Stetson's Educating Advocates Conference. If we program directors and skills professors ran the law school, we would want to: 1) teach every student the rules of evidence our way; 2) show our students how the rules play out in litigation and at trial while they are learning evidence; 3) afford more of our students the attention, critique, and training that we devote to mock trial competitors; and, 4) maximize our …

Life Experience Matters, Wes R. Porter

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The inter-generational tech knowledge gap presents a dilemma for the courts when distinguishing between lay opinion and expert testimony, explains Wes Porter of Golden Gate University School of Law.

Effective Email Strategies For Law Students And Lawyers, Susanne Aronowitz

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While most of you have been using email for as long as you can remember, communicating as a lawyer (or future lawyer) carries some unique obligations and responsibilities. Employers, clients, deans, faculty, and licensing agencies all have an interest in how you present yourself publicly. As a savvy legal professional, using email effectively can help you cultivate a reputation for integrity and strong communication skills. Conversely, thoughtless blunders can damage not only your own reputation, but that of colleagues, co-workers, employers, and clients. By taking the same level of care with your personal correspondence that you would with your motions …

Developing Talent, Marcie Areias

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Investing in attorney development is critical to the success of any law firm, regardless of its size. With the recession drastically shrinking recruiting efforts and attorney numbers, firms must focus on retention and training for a broader skill set. Over the last few years, the number of firms with personnel dedicated specifically to attorney development has been on the rise. Now, large law firms have departments focused specifically on development efforts, and smaller firms are appointing partners and committees to handle such matters.

Playing To Your Strengths: Re-Energizing Yourself And Your Career In 2011, Marcie Areias

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With the holiday cheer now over, it is not uncommon to feel a little down this time of year. However, there is something you can do to re-engage yourself at work and build the confidence you need to serve your clients successfully: develop your strengths. Whether you work in the public or private sector, are a managing partner or entry-level associate, your contributions are integral to the success of your office. Building upon the strengths you and your colleagues possess will lead to effective team building and ultimately better client service.

Initial Case Analysis For Trial Teams, Wes R. Porter

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This post is from Wes Porter. Wes teaches trial advocacy, e,;dence and white collar crime at Golden Gate University School of Law in San Francisco. If you are involved in coaching trial teams, please take the time to comment on Wes's approach to case analysis.

Stephanie Feldman-Aleong: A Legacy Of Love And Loyalty, Anthony S. Niedwiecki

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In memoriam.

Review Of Patent Failure: How Judges, Bureaucrats, And Lawyers Put Innovators At Risk, By James Bessen And Michael J. Meurer, William T. Gallagher

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No abstract provided.

Book Review Of: 'Injury: The Politics Of Product Design And Safety Law In The United States', By Sarah S. Lochlann Jain, Princeton University Press, 2006, William T. Gallagher

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No abstract provided.

E-Commenting: Pros And Cons, Leslie Rose

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No abstract provided.

Bush The Elder Knew Not To Invade Iraq, Eugene A. Brodsky

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No abstract provided.

"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave

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Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate …

Retaining Generation X'Ers In A Baby Boomer Firm, Rodney O. Fong

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I am going to introduce you to Generation X. Who are they? How do they view the world? What are some of their characteristics? And finally, how does one interact, work with, and retain them?

Issue Editor's Note, Leslie Rose, Stephen J. Perrello

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No abstract provided.

Book Review: The Promise And Peril Of Environmental Justice. By Christopher H. Foreman, Jr., Alan Ramo

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No abstract provided.

On Writing A Casebook, Myron Moskovitz

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I suppose every law professor, at one time or another, has mused about writing a casebook. "This one I'm using is OK, but...." I have written several casebooks in two different areas of law and for two different publishers. I have also written another law school book for a third publisher. Along the way, I have learned a thing or two. If you are thinking seriously about writing a casebook, you might find these tips useful. In this Article, I will discuss my theory for writing a casebook, how to organize the book and select cases, and how to get …