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Articles 1 - 18 of 18

Full-Text Articles in Law

The Global Impact And Implementation Of Human Rights Norms: Introduction, Linda Carter Jan 2012

The Global Impact And Implementation Of Human Rights Norms: Introduction, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


Medical Marijuana: A Study Of Unintended Consequences, Gerald Caplan Jan 2012

Medical Marijuana: A Study Of Unintended Consequences, Gerald Caplan

McGeorge School of Law Scholarly Articles

No abstract provided.


Why The Initiative Process Is The Wrong Way To Go: Lessons We Should Have Learned From Proposition 215, Michael Vitiello Jan 2012

Why The Initiative Process Is The Wrong Way To Go: Lessons We Should Have Learned From Proposition 215, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Even Moe Dalitz Would Blush: Why The District Attorney Has No Business Collecting Unpaid Casino Markers, Francis J. Mootz Iii Jan 2012

Even Moe Dalitz Would Blush: Why The District Attorney Has No Business Collecting Unpaid Casino Markers, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


The Sacrifice Of Unarmed Prisoners To Gladiators: The Post-Aedpa Access-To-The-Courts Demand For A Constitutional Right To Counsel In Federal Habeas Corpus, Emily Garcia Uhrig Jan 2012

The Sacrifice Of Unarmed Prisoners To Gladiators: The Post-Aedpa Access-To-The-Courts Demand For A Constitutional Right To Counsel In Federal Habeas Corpus, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.


The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia Saucedo Jan 2012

The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.


The Exit Tax: A Move In The Right Direction, Christine Manolakas, William L. Dentino Jan 2012

The Exit Tax: A Move In The Right Direction, Christine Manolakas, William L. Dentino

McGeorge School of Law Scholarly Articles

No abstract provided.


Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Raquel Aldana, Beth Lyon, Karla Mari Mckanders Jan 2012

Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Raquel Aldana, Beth Lyon, Karla Mari Mckanders

McGeorge School of Law Scholarly Articles

No abstract provided.


Contractualism In The Law Of Treaties, Omar M. Dajani Jan 2012

Contractualism In The Law Of Treaties, Omar M. Dajani

McGeorge School of Law Scholarly Articles

No abstract provided.


A “Lawyer For All Seasons”: The Lawyer As Conflict Manager, Michael T. Colatrella Jr. Jan 2012

A “Lawyer For All Seasons”: The Lawyer As Conflict Manager, Michael T. Colatrella Jr.

McGeorge School of Law Scholarly Articles

This interdisciplinary Article explores why interpersonal conflict management principles and skills are essential to good lawyering and, thus, why law schools should teach these principles and skills to all their students. In demonstrating the immense practical value an understanding of interpersonal conflict management principles and skills have in the practice of law, this Article examines case studies involving organizations that have dramatically reduced legal costs, among other benefits, by abandoning a solely legalistic approach to conflict and embracing conflict management principles. The lessons learned from these studies and the interpersonal conflict management principles that underlie them support the idea that …


The Success And Continued Challenges Of The Yolo Bypass Wildlife Area: A Grassroots Restoration, Rachael E. Salcido Jan 2012

The Success And Continued Challenges Of The Yolo Bypass Wildlife Area: A Grassroots Restoration, Rachael E. Salcido

McGeorge School of Law Scholarly Articles

No abstract provided.


Law Among The Sight Lovers, Francis J. Mootz Iii Jan 2012

Law Among The Sight Lovers, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Arbitrating In The Ether Of Intent, Jarrod Wong Jan 2012

Arbitrating In The Ether Of Intent, Jarrod Wong

McGeorge School of Law Scholarly Articles

The U.S. Supreme Court's jurisprudence interpreting the Federal Arbitration Act (FAA) is incoherent in a respect that is fundamental yet not quite captured in existing legal literature. Specifically, in determining the core question of whether any particular dispute should be resolved by arbitration under the FAA, the Court has stubbornly relied on the concept of the parties' “intent” on the matter. “Intent,” however, is at once elusive and polymorphic. It is elusive because the parties will often not have considered whether the particular issue is arbitrable, much less who—court or arbitrator—should decide that preliminary question. It is polymorphic as rendered …


The Emergence Of International Property Law, John G. Sprankling Jan 2012

The Emergence Of International Property Law, John G. Sprankling

McGeorge School of Law Scholarly Articles

This Article explores a new field: international property law. International law increasingly creates, regulates, or otherwise affects the property rights of individuals, business entities, and other non-state actors. Globalization, democratic reforms, technology, and human rights principles have all contributed to this development.

The Article begins by examining the unsuccessful effort to create a broad, internationally-enforceable human right to property during the second half of the twentieth century. Despite this failure, international property law doctrines have evolved in specialized contexts over recent decades. The Article demonstrates that these doctrines stem from four sources: (a) regulation of the global commons; (b) …


Torture And The War On Terror: The Need For Consistent Definitions And Legal Remedies, Linda Carter Jan 2012

Torture And The War On Terror: The Need For Consistent Definitions And Legal Remedies, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.


Built To Scale: Small Business Policy And The Meltdown, Michael P. Malloy Jan 2012

Built To Scale: Small Business Policy And The Meltdown, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.


Health Equity, Healthy People 2020, And Coercive Legal Mechanisms As Necessary For The Achievement Of Both, Emily Whelan Parento Jan 2012

Health Equity, Healthy People 2020, And Coercive Legal Mechanisms As Necessary For The Achievement Of Both, Emily Whelan Parento

McGeorge School of Law Scholarly Articles

Principles of health equity require that all people have equal opportunity to develop and maintain their health, yet in the face of widespread and presumptively inequitable health disparities, the law has done little. This paper argues that health equity demands the use of coercive legal mechanisms in certain circumstances given the existence of current disparities and the evidence of effectiveness of direct regulation as compared to its alternatives. Moreover, the paper argues that Healthy People 2020, which is the nation's “master blueprint for health” and explicitly seeks to achieve health equity, has not fully incorporated the principles of health equity …


Rhetoric And Dialectic In Legal Argumentation: Realizing Alessandro Giuliani’S Aristotelian Theory, Francis J. Mootz Iii Jan 2012

Rhetoric And Dialectic In Legal Argumentation: Realizing Alessandro Giuliani’S Aristotelian Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.