Law Commons^™

Stranger In A Strange Land: Baptist Dean Of A Jesuit Law School, Mack Player

Faculty Publications

In early 1994 when I was first approached by Santa Clara about beIng dean of its law school, I had to do basic, very basic, research before I returned their call. (This predated Web pages and my ability to access the technology that then existed.) A university guide book gave me the basics.

This sent me scurrymg to an atlas. Where is Santa Clara? As it is to most non-Californians, the profusion of California communities (and universities) with the "Santa" or "San" prefix was bewildering.

Herein foretold one of the princilpal issues that would confront me as dean, namely, the …

Embryonic Stem Cell Research As An Ethical Issue: On The Emptiness Of Symbolic Value, Kevin Quinn

Faculty Publications

The ability to generate a wide variety of stem cell lines (in relatively renewable tissue cultures) opens up a whole new world of breathtaking possibilities for science and medicine. The possibilities include: "in vitro studies of normal embryo-genesis, human gene discovery, and drug and teratogen testing and as a renewable source of cells for tissue transplantation, cell replacement, and gene therapies." But it also opens up a world of complications.

Human EG and ES cells must be recovered from aborted fetuses or live embryos. Because primordial gonadal tissue is removed from fetuses after their death, the derivation of EO cells …

Does Technology Require New Law?, David D. Friedman

Faculty Publications

Technological change affects the law in at least three ways: (1) by altering the cost of violating and enforcing existing legal rules; (2) by altering the underlying facts that justify legal rules; and (3) by changing the underlying facts implicitly assumed by the law, making existing legal concepts and categories obsolete, even meaningless. The legal system can choose to ignore such changes. Alternatively, it may selectively alter its rules legislatively or via judicial interpretation. In this essay I first discuss, as an interesting historical example, past technological changes relevant to copyright law and the law's response. I then go on …

Bridging The Divide: An Alternative Approach To International Labor Rights After The Battle Of Seattle, Stephen F. Diamond

Faculty Publications

The massive protest by labor, human rights, and environmental activists at the Ministerial Conference of the World Trade Organization in Seattle in late 1999 was a singular event in global trade politics. It represented a major setback for the proponents of free trade and for the "globalization" process itself. It reflected, and has now influenced, the contours of American domestic politics as well. At the heart of the Seattle events was a new coalition between trade unions, led by the American AFL-CIO, and a wide range of protest groups and non-governmental organizations. This new coalition represents a potent force but …

Race And Races: Constructing A New Legal Actor, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

Patent And Copyright Term Extension And The Constitution: A Historical Perspective, Tyler T. Ochoa

Faculty Publications

No abstract provided.

Ending Male Privilege: Beyond The Reasonable Woman, Stephanie M. Wildman

Faculty Publications

In her review essay Ending Male Privilege: Beyond the Reasonable Woman, Professor Wildman examines A Law of Her Own: The Reasonable Woman as a Measure of Man by Caroline A. Forell and Donna M. Matthews. Forell and Matthews explain the need for a reasonable woman standard, particularly in cases of sexual harassment, stalking, domestic homicide, and rape. Wildman, while agreeing that those areas exemplify areas of law in which the "spectrum of violence and disregard of women is most evident and problematic," urges that litigants seeking equality must go beyond the reasonable woman and articulate the systemic nature of male …

Thinking About Race And Races: Reflections And Responses [Book Review], Stephanie M. Wildman

Faculty Publications

No abstract provided.

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.

Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han

Faculty Publications

The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …

Bibliography On Secession And International Law, Mary D. Hood

Faculty Publications

The purpose of this bibliography is to bring together a variety of sources as a resource for the attendees of America's Regional Conference on Secession and International Law, sponsored by the International and Comparative Law Institute of Santa Clara University School of Law in cooperation with the Consortium on International Disputes Resolution (CIDIR). Issues discussed at this conference include:

• Secession in the history of international relations;
• Right of secession in comparative constitutional law;
• Secession in present international law:
• Rules and principles of international law with regard to secession;
• Self-determination and secession;
• Minorities, "peoples" and the right to self-determination at the …

Electronic Cash - More Questions Than Answers, Kerry L. Macintosh

Faculty Publications

Remarks presented during a panel dilscussion held at the Association of American Law Schools 2001 Annual Meeting: Section on Law and Computers on the topic of electronic cash.

In Defense Of Civil Redress: The Domestic Enforcement Of Human Rights Norms In The Context Of The Proposed Hague Judgments Convention, Beth Van Schaack

Faculty Publications

At the time this Article was written, delegations from forty-five countries were in the process of drafting the Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters ("the Hague Convention") under the auspices of the Hague Conference on Private International Law. [Since the writing of this Article, the drafters significantly scaled back the project, which now addresses only commercial disputes. Prior to this change of emphasis, drafters adopted draft text similar to that advocated in this Article.] The Hague Convention sought to establish a foundation for a worldwide regime for the free enforcement of civil judgments in exchange …