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Articles 1 - 23 of 23
Full-Text Articles in Law
The Restatement Of Gay(?), Lawrence C. Levine, Courtney G. Joslin
The Restatement Of Gay(?), Lawrence C. Levine, Courtney G. Joslin
McGeorge School of Law Scholarly Articles
No abstract provided.
The Global Right To Property, John G. Sprankling
The Global Right To Property, John G. Sprankling
McGeorge School of Law Scholarly Articles
Does a right to property exist under international law? The traditional answer to this question is “no”―a right to property can arise only under national law. But sweeping economic and political changes in recent decades have laid the foundation for recognizing a global right to property. Ideological opposition to property rights has faded with the end of the Cold War; China, Russia, and other socialist states have transitioned to market economies which are premised on private property; and the globalization of trade has enhanced international support for protecting property rights. Accordingly, it is appropriate to revisit the question.
This article …
Enforcing Desegregation: A Case Study Of Federal District Court Power And Social Change In Macon County Alabama, Brian K. Landsberg
Enforcing Desegregation: A Case Study Of Federal District Court Power And Social Change In Macon County Alabama, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
This case study of Lee v. Macon County Board of Education demonstrates that a federal district court in Alabama, enforcing Brown v. Board of Education, brought about significant social change despite constraints on the courts. The court’s application of Brown played a decisive role in ending the racial caste system in this Alabama black belt county. The court, by adding the United States Department of Justice as a party, overcame constraints that had precluded the executive branch from pursuing school desegregation. Change came through the courts before Congress legislated against school segregation. Seekers of social change must evaluate the …
The Rocky Mountain Arsenal National Wildlife Refuge: On A Rocky Road To Creating A Community Asset, Rachael E. Salcido
The Rocky Mountain Arsenal National Wildlife Refuge: On A Rocky Road To Creating A Community Asset, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
Informed Consent In Mediation: Promoting Pro Se Parties’ Informed Settlement Choice While Honoring The Mediator’S Ethical Duties, Michael T. Colatrella Jr.
Informed Consent In Mediation: Promoting Pro Se Parties’ Informed Settlement Choice While Honoring The Mediator’S Ethical Duties, Michael T. Colatrella Jr.
McGeorge School of Law Scholarly Articles
No abstract provided.
“I Won’T Pay Child Support, But I Insist On Visitation.” Should Visitation And Child Support Be Linked?, John E.B. Myers
“I Won’T Pay Child Support, But I Insist On Visitation.” Should Visitation And Child Support Be Linked?, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
The Subversion Of State – To State Investment Treaty Arbitration, Jarrod Wong
The Subversion Of State – To State Investment Treaty Arbitration, Jarrod Wong
McGeorge School of Law Scholarly Articles
State-to-state arbitration provisions in bilateral investment treaties and other international investment agreements (collectively called BITs here) have been little used—and rightly so—given the introduction of investor-state arbitration provisions in the same BITs. In a handful of cases, however, some states have sought to resurrect state-to-state arbitration, either to contest issues already decided in separate investorstate arbitral proceedings, or else to stave off such proceedings. Most recently and controversially, in Ecuador v. U.S., Ecuador initiated arbitration against the United States under the U.S.-Ecuador BIT to (re)arbitrate an issue that had arguably been determined against Ecuador in a separate prior arbitration between …
Protecting Victims From Liability Insurance Companies That Add Gratuitous Insult To Grievous Injury, Francis J. Mootz Iii
Protecting Victims From Liability Insurance Companies That Add Gratuitous Insult To Grievous Injury, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello
Reflections On An Extraordinary Career: Thoughts About Gerald Caplan's Retirement, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
"Testilying" In Family Court, John E.B. Myers
"Testilying" In Family Court, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
Demand Offsets: Water Neutral Development In California, Jennifer L. Harder
Demand Offsets: Water Neutral Development In California, Jennifer L. Harder
McGeorge School of Law Scholarly Articles
No abstract provided.
Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello
Reforming California Sentencing Practice And Policy: Are We There Yet?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
Corrections And Sentencing Reform: The Obstacle Posed By Dehumanization, J. Clark Kelso
McGeorge School of Law Scholarly Articles
No abstract provided.
Symposium—Growing, Growing, Gone: Innovative Ideas In Resource Management For A Growing Population: Introduction, Rachael E. Salcido
Symposium—Growing, Growing, Gone: Innovative Ideas In Resource Management For A Growing Population: Introduction, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
No abstract provided.
Teaching The Power Of Empathy In Domestic And Transnational Experiential Public Defender Courses, Cary Bricker
Teaching The Power Of Empathy In Domestic And Transnational Experiential Public Defender Courses, Cary Bricker
McGeorge School of Law Scholarly Articles
No abstract provided.
Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg
Does Prison Reform Bring Sentencing Reform? The Congress, The Courts, And The Structural Injunction, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
Determining Extraterritoriality, Franklin A. Gevurtz
Determining Extraterritoriality, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality-which the United States Supreme Court has increasingly invoked in recent years-calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
The Expanding Use Of Genetic And Psychological Evidence: Finding Coherence In The Criminal Law?, Michael Vitiello
McGeorge School of Law Scholarly Articles
No abstract provided.
California's Eavesdropping Law Endangers Victims Of Domestic Violence, John E.B. Myers
California's Eavesdropping Law Endangers Victims Of Domestic Violence, John E.B. Myers
McGeorge School of Law Scholarly Articles
No abstract provided.
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Charitable Nonprofits’ Use Of Noncompetition Agreements: Having The Best Of Both Worlds, Lindsey D. Blanchard
Charitable Nonprofits’ Use Of Noncompetition Agreements: Having The Best Of Both Worlds, Lindsey D. Blanchard
McGeorge School of Law Scholarly Articles
No abstract provided.
The Taxation Of Artists And The Acquirers Of Art: The Many Shades Of Grey, Christine Manolakas
The Taxation Of Artists And The Acquirers Of Art: The Many Shades Of Grey, Christine Manolakas
McGeorge School of Law Scholarly Articles
No abstract provided.