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Articles 1 - 23 of 23

Full-Text Articles in Law

The Restatement Of Gay(?), Lawrence C. Levine, Courtney G. Joslin Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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. Jan 2014

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 Jan 2014

“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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

"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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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.