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Articles 1 - 22 of 22

Full-Text Articles in Law

Teaching Skills In Chinese Law Schools, Brian K. Landsberg May 2008

Teaching Skills In Chinese Law Schools, Brian K. Landsberg

McGeorge School of Law Other Faculty Works

No abstract provided.


The 1997 U.N. Watercourses Convention: Retrospect And Prospect, Stephen C. Mccaffrey Jan 2008

The 1997 U.N. Watercourses Convention: Retrospect And Prospect, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.


Taking Stock Of Sustainable Development At 20: A Principleat Odds With Itself?: Introduction, Stephen C. Mccaffrey Jan 2008

Taking Stock Of Sustainable Development At 20: A Principleat Odds With Itself?: Introduction, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.


Legal Consciousness And Contractual Obligations, Kojo Yelpaala Jan 2008

Legal Consciousness And Contractual Obligations, Kojo Yelpaala

McGeorge School of Law Scholarly Articles

No abstract provided.


After The Battle Of The Forms: Commercial Contracting In The Electronic Age, Francis J. Mootz Iii Jan 2008

After The Battle Of The Forms: Commercial Contracting In The Electronic Age, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Boumediene V. Bush, The Great Writ, And The Power To “Say What The Law Is”, Emily Garcia Uhrig Jan 2008

Boumediene V. Bush, The Great Writ, And The Power To “Say What The Law Is”, Emily Garcia Uhrig

McGeorge School of Law Scholarly Articles

No abstract provided.


Owning The Center Of The Earth, John G. Sprankling Jan 2008

Owning The Center Of The Earth, John G. Sprankling

McGeorge School of Law Scholarly Articles

No abstract provided.


Silent Victims No More?: Moral Indignation And The Potential For Latino Political Mobilization In Defense Of Immigrants, Raquel Aldana Jan 2008

Silent Victims No More?: Moral Indignation And The Potential For Latino Political Mobilization In Defense Of Immigrants, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.


The Function Of "Dysfunctional" Boards, Franklin A. Gevurtz Jan 2008

The Function Of "Dysfunctional" Boards, Franklin A. Gevurtz

McGeorge School of Law Scholarly Articles

No abstract provided.


The Asymmetrical Nature Of The U.S. Treaty Processes And The Challenges That Poses For Human Rights, John Cary Sims Jan 2008

The Asymmetrical Nature Of The U.S. Treaty Processes And The Challenges That Poses For Human Rights, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.


Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner Jan 2008

Retooling Law Enforcement To Investigate And Prosecute Entrenched Corruption: Key Criminal Procedure Reforms For Indonesia And Other Nations, Leslie Gielow Jacobs, Benjamin B. Wagner

McGeorge School of Law Scholarly Articles

No abstract provided.


After Natural Law: A Hermeneutic Response To Law’S Quandary, Francis J. Mootz Iii Jan 2008

After Natural Law: A Hermeneutic Response To Law’S Quandary, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Vico's "Ingenious Method" And Legal Education, Francis J. Mootz Iii Jan 2008

Vico's "Ingenious Method" And Legal Education, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Of Katz And "Aliens": Privacy Expectations And The Immigration Raids, Raquel Aldana Jan 2008

Of Katz And "Aliens": Privacy Expectations And The Immigration Raids, Raquel Aldana

McGeorge School of Law Scholarly Articles

This Article examines privacy rights for noncitizens in the context of the recent immigration raids in peoples' homes and the workplace. The Immigration and Customs Enforcement Office is conducting these raids with general or defective warrants and executes them in a discriminating dragnet-style, mostly against Latinos. The Fourth Amendment, however, provides little protection to immigrants and their families. This Article explores how law's construction of immigrants' illegality interplays with Fourth Amendment doctrines of consent, reasonable expectation of privacy, pretextual stops, and administrative searches to deny immigrants privacy's protection. In addition, the Article explores the spread of immigration databases and the …


The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo Jan 2008

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.


Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz Jan 2008

Humanizing Legal Education: An Introduction To A Symposium Whose Time Came, Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.


Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii Jan 2008

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.


An Assessment Of The Law School Climate For Glbt Students, Kelly Strader, Brietta R. Clark, Robin Ingli, M. Elizabeth Kransberger, Lawrence C. Levine, William Perez Jan 2008

An Assessment Of The Law School Climate For Glbt Students, Kelly Strader, Brietta R. Clark, Robin Ingli, M. Elizabeth Kransberger, Lawrence C. Levine, William Perez

McGeorge School of Law Scholarly Articles

Nationwide empirical research has assessed the law school climate for gay, lesbian, bisexual, and transgender (GLBT) students. The research shows that the climate for GBLT students at most law schools in the United States, particularly those in urban areas, has improved. The research also shows, however, that this group still encounters substantial discrimination on law school campuses and in law school class¬rooms. This discrimination may result from overt acts, thoughtlessness, and/or neglect on the part of various actors in law school communities. Whatever the cause, the result is that many GLBT students feel disenfranchised from their broader law school communities. …


Counterfeit Pharmaceuticals: An Introduction, Michael S. Mireles Jr. Jan 2008

Counterfeit Pharmaceuticals: An Introduction, Michael S. Mireles Jr.

McGeorge School of Law Scholarly Articles

This introduction provides a brief overview of the Wake Forest Intellectual Property Law Journal’s first Symposium “Counterfeit Pharmaceuticals” which took place in February of 2008. The introduction goes on to provide a brief overview of the topics explored by the Symposium’s distinguished group of speakers and authors.


Tax Discrimination And Trade In Services: The Search For Balance In Canada-U.S. Relations, Christine Manolakas, Catherine Brown Jan 2008

Tax Discrimination And Trade In Services: The Search For Balance In Canada-U.S. Relations, Christine Manolakas, Catherine Brown

McGeorge School of Law Scholarly Articles

The trading relationship between Canada and the United States represents the largest bilateral flow of goods and services in the world. Notwithstanding this significant trade relationship and the obligations of non-discrimination assumed under trade agreements, both countries boast tax legislation that may negatively impact the competitive position of service providers of the other country. This article examines some of these tax measures and compares the tax treatment of nonresident service providers performing services in the other country to the tax treatment of domestic service providers. The article also considers the tax treatment of the domestic entity hiring the service provider. …


Punishing Sex Offenders: When Good Intentions Go Bad, Michael Vitiello Jan 2008

Punishing Sex Offenders: When Good Intentions Go Bad, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone Jan 2008

A Public At Risk: Personal Fitness Trainers Without A Standard Of Care, Margaret E. Ciccolella, J. Mark Van Ness, Tommy Boone

College of the Pacific Faculty Articles

In 2002, an overweight, sedentary, and middle-aged man suffered a heart attack during his first workout with his “certified” personal trainer. During the workout, the man repeatedly asked to stop because he was experiencing fatigue, heat, thirst, breathlessness, and chest pain. The trainer responded to requests to stop and complaints of fatigue by questioning his client’s masculinity and by continuing the workout. In the lawsuit that followed (Rostai v. Neste Enterprises, 2006), the court did not have the option to consider a statutorily defined standard of care since no licensing requirements existed for those who design and/or lead fitness programs. …