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Full-Text Articles in Law
Law And Community: Alessandro Giuliani’S Aristotelian Vision, Francis J. Mootz Iii
Law And Community: Alessandro Giuliani’S Aristotelian Vision, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
This article considers the theoretical, practical and pedagogical significance that the classical understanding of community holds for contemporary legal theory. We draw our inspiration from the work of the Italian philosopher and legal theorist, Alessandro Giuliani (1925-1997). Giuliani argued that the dialectical logic of argumentation has important implications for civic life. To develop this thesis he recuperated Aristotle’s conception of community and also drew from the substantial contribution to Aristotle’s legacy by the seventeenth-century rhetoric scholar, Giambattista Vico. We will emphasize Giuliani’s inventive use of these sources to articulate an argumentatively-based community that is capable of bearing the legal and …
The Radiating Effects Of Torts, Anne Bloom
The Radiating Effects Of Torts, Anne Bloom
McGeorge School of Law Scholarly Articles
No abstract provided.
The Mixed Use Of A Personal Residence: Integration Of Conflicting Holding Purposes Under I.R.C. Sections 121, 280a, And 1031, Christine Manolakas
The Mixed Use Of A Personal Residence: Integration Of Conflicting Holding Purposes Under I.R.C. Sections 121, 280a, And 1031, Christine Manolakas
McGeorge School of Law Scholarly Articles
In light of the fact that the majority of Americans consider their personal residence one of their most important investments, as well as the rapid changes in technology allowing an increasing number of Americans to work from their personal residence, this article reconsiders the non-applicability of Internal Revenue Code (“I.R.C.”) section 1031 to a residence occupied by the taxpayer. I.R.C. section 1031 provides that gain or loss will not be recognized if property held for a business or an investment purpose is exchanged for property of like kind to be held as business or investment property. For this nonrecognition provision …
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
Justice Kennedy’S “Gay Agenda”: Romer, Lawrence, And The Struggle For Marriage Equality, Lawrence C. Levine
McGeorge School of Law Scholarly Articles
No abstract provided.
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
The Evolution Of Justice Kennedy’S Eighth Amendment Jurisprudence On Categorical Bars In Capital Cases, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
The Future Of The International Criminal Court: Complimentarity As A Strength Or A Weakness?, Linda Carter
The Future Of The International Criminal Court: Complimentarity As A Strength Or A Weakness?, Linda Carter
McGeorge School of Law Scholarly Articles
No abstract provided.
Removing Revlon, Franklin A. Gevurtz
Removing Revlon, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
This Article advocates the abolition of the Revlon doctrine— the junior partner in Delaware’s corporate takeover jurisprudence, which governs certain contests involving auctions and sales of control. Revlon arose in the twilight zone created by the overlap between defenses to hostile tender offers and efforts by directors to avoid or coerce a shareholder vote on corporate mergers and sales (shotgun corporate marriages). The narrow holding of the case stands for the common sense proposition that if directors decide to sell their corporation by choosing between two bids, both of which will pay all of the shareholders cash for all of …
Joints Or The Joint: Colorado And Washington Square Off Against The United States, Michael Vitiello
Joints Or The Joint: Colorado And Washington Square Off Against The United States, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Chinese Homicide Law, Irrationality, And Incremental Change, Cary Bricker, Michael Vitiello
Chinese Homicide Law, Irrationality, And Incremental Change, Cary Bricker, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey
Keynote: Sustainability And Sovereignty In The 21st Century, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Où Est Votre Chapeau? Economic Sanctions And Trade Regulation, Michael P. Malloy
Où Est Votre Chapeau? Economic Sanctions And Trade Regulation, Michael P. Malloy
McGeorge School of Law Scholarly Articles
This article seeks to determine whether US economic sanctions can be maintained consistently with the obligations of the international trade regime. In Part I, it will consider the extent to which the current prevalence of economic sanctions may create tension with international trading rules. In Part II, the article will assess arguments that sanctions are inconsistent with applicable principles of customary international law. Part III will consider whether sanctions are inconsistent with international trading regimes and consequently are impermissible. In Part IV, the article concludes that while sanctions are legally permissible in the face of indeterminate legal obligations and international …
Introduction, Symposium: The State And Future Of Legal Education, Francis J. Mootz Iii
Introduction, Symposium: The State And Future Of Legal Education, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies
Sentencias Trascendentales Del Tribunal Supremo De Los Estados Unidos. Pasos Hacia La Igualdad Del Matrimonio Para Parejas Del Mismo Sexo, Julie A. Davies
McGeorge School of Law Scholarly Articles
In 2013, the United States Supreme Court decided two major cases on marriage equality – U.S. v. Windsor and Hollingsworth v. Perry. These cases paved the way for the Court’s eventual decision in 2015, in Obergefell v. Hodges, that the Constitution requires that states permit same-sex marriage. This article analyzes those precedents for an audience of Spanish-speaking legal professionals and academics seeking to understand the basis for the Court’s decisions.
Report Regarding The 2011 Pacific Mcgeorge Workshop On Promoting Intercultural Legal Competence (The “Tahoe Ii” Conference), Franklin A. Gevurtz
Report Regarding The 2011 Pacific Mcgeorge Workshop On Promoting Intercultural Legal Competence (The “Tahoe Ii” Conference), Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Rule 37(A)'S Loser-Pays "Mandate": More Bark Than Bite, Lindsey D. Blanchard
Rule 37(A)'S Loser-Pays "Mandate": More Bark Than Bite, Lindsey D. Blanchard
McGeorge School of Law Scholarly Articles
No abstract provided.
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard
Goodyear And Hertz: Reconciling Two Recent Supreme Court Decisions, Lindsey D. Blanchard
McGeorge School of Law Scholarly Articles
No abstract provided.
Aesthetic Functionality, Michael S. Mireles Jr.
Aesthetic Functionality, Michael S. Mireles Jr.
McGeorge School of Law Scholarly Articles
This Article relies on several cases that demonstrate how aesthetic functionality can be used to suppress the cumulative excesses of trademark law. Based on those cases, this Article first proposes that functionality be used to police the boundary of copyright and trademark to prevent trademark protection of subject matter ordinarily protected by copyright law or in the public domain. Second, this Article asserts that aesthetic functionality is used in its defensive sense to relieve some alleged infringers or diluters from trademark infringement or dilution. Finally, this Article argues that functionality can be used as a policy lever to exempt certain …
The Nuclear Option: Aesthetic Functionality To Curb Overreaching Trademark Claims, Michael S. Mireles Jr.
The Nuclear Option: Aesthetic Functionality To Curb Overreaching Trademark Claims, Michael S. Mireles Jr.
McGeorge School of Law Scholarly Articles
No abstract provided.
Responding To Ethnic And Religious Conflict In The New Arab Order: The Promise And Limits Of Rights, Omar M. Dajani
Responding To Ethnic And Religious Conflict In The New Arab Order: The Promise And Limits Of Rights, Omar M. Dajani
McGeorge School of Law Scholarly Articles
Intercommunal conflict has marred the political transitions unfolding in a number of states in the Middle East, raising questions about the status and protection of ethnic and religious minorities in the region's evolving political order. In view of the transnationalc haracter and regional scale of the problem, this Article considers the efficacy of one potential regional response-the development of an Arab convention on minority rights. The Article begins by describing three types of "minority problems" that have been sources of conflict in the Middle East: (1) religious minorities and Islamist majoritarianism; (2) nationalist minorities and territorial disputes, and (3) politically …