Law Commons^™

Ab 1708: Combating Sex Trafficking By Targeting Prostitution, Hannah Kreuser

University of the Pacific Law Review

No abstract provided.

Can The Legislature “Validate” A Previously Enacted Statute?, Chris Micheli

University of the Pacific Law Review

No abstract provided.

Law Teaching In An Ever Changing World: Are We On The Right Track?— Some Reflections And A Case Study From Western Sydney University, Michael Blissenden

University of the Pacific Law Review

No abstract provided.

Not For Free: Exploring The Collateral Costs Of Diversity In Legal Education, Spearit

University of the Pacific Law Review

No abstract provided.

Symposium—Regulating Marijuana At Home And Abroad Introduction, Michael Vitiello

University of the Pacific Law Review

No abstract provided.

Cannabis And Water Management: International Regulation And The Legal Framework Of The European Union, Maria E. Milanes-Murcia

University of the Pacific Law Review

No abstract provided.

“Do You Understand These Rights?” A Juvenile Perspective Of Miranda, Albert G. Mendoza

University of the Pacific Law Review

No abstract provided.

The Effects Of Land Use Deregulations In The Capitol Region On Gross Regional Domestic Product In South Korea, Youngchul Kim

MPA/MPP/MPFM Capstone Projects

South Korea has implemented strong land use regulations controlling the growth of the capitol region (Seoul, and around areas) in order to encourage balanced regional development between the capitol area and the non-capitol area. However, there are ongoing debates about the relationship between the regulatory policies and the balanced regional development.

The purpose of this study is to examine the extent of the effect that the land use deregulation in the capitol region has on growth of both regions. To address this question, I use a difference-in-differences model to empirically analyze how the land use deregulation in the capitol region …

Measuring The Effect Of Electric Utility Deregulation On Residential Retail Prices In A Midwestern State, Sam Owens

MPA/MPP/MPFM Capstone Projects

The deregulation of the electric utility industry is one of the largest deregulation efforts in U.S. history. Proponents argue that getting rid of the outdated utility model of regulated monopolies and introducing competitive markets will lower prices, increase efficiency, and result in a net benefit for the nation. Opponents, on the other hand, believe that both the tumultuous history of the electric utility industry and experiments with deregulation have shown that competitive markets for electricity are too open to manipulation and will result in increased prices for consumers and dangerous volatility in the provision of electricity. This paper will attempt …

The Impact Of Intellectual Property On Provincial Unemployment Rates In South Korea, Soon Ho Shin

MPA/MPP/MPFM Capstone Projects

Intellectual property is drawing attention as an important policy tool to lower the unemployment rate in low-growth economies. The Korean Intellectual Property Office (KIPO) provides services that facilitate companies to effectively create intellectual property by operating local intellectual property support centers in connection with local governments. In this context, this research examine how the differences of intellectual property registration affect provincial unemployment rates by analyzing 10 years (2006-2015) of panel data with a fixed-effects regression model. According to my estimation results, intellectual property registrations have a statistically significant impact on provincial unemployment rates in South Korea. Since the reduction of …

The Seattle Solution: Collective Bargaining By For-Hire Drivers And Prospects For Pro-Labor Federalism, Charlotte Garden

Faculty Articles

Well before the 2016 presidential election, worker movements like “Fight for Fifteen” had begun to rack up wins in left-leaning states and cities on issues including the minimum wage and paid sick time. Then the election made necessity out of virtue, with states and cities adopting a key role in resisting policies of the Trump administration. Now, with the Trump National Labor Relations Board and Department of Labor starting to roll back pro-worker gains made during the Obama Administration, this emerging progressive federalism has only become more important for improving working conditions and expanding opportunities for workers’ collective action. This …

Deflategate: What's The Steelworkers Trilogy Got To Do With It?, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner

Scripps Senior Theses

The following thesis will merge the field of legal studies with the field

of Science, Technology, and Society, and will focus on issues surrounding the

gun control debate. The goal is to ultimately bring new light to this hot-

button legal topic through the use of STS scholarship. STS tools and theories,

which have previously been absent from most gun control discussions, have

much to contribute to the discourse in terms of motivating the need for gun

control, fully understanding the user-gun relationship, breaking down

misconceptions about the technology and its role in society, and further

understanding the complex societal …

The Limits Of Accessibility Under The Affordable Care Act, Nimrah H. Imam

Scripps Senior Theses

The Patient Protection and Affordable Care Act (ACA) aimed to increase accessibility to medical resources for those previously uninsured. Certainly, the ACA has expanded insurance to millions of Americans, however, the evidence and discourse surrounding health accessibility calls into question why, despite the growth of insured Americans, the increase in health insurance coverage under the ACA has not lead to greater accessibility for low income minorities. I propose that disparities in preventive care, the emergency room, and primary care provider services stand as barriers for low income minorities. Insurance coverage does not necessarily equate to greater accessibility if individuals do …

From Monkey Selfies To Open Source: The Essential Interplay Of Creative Culture, Technology, Copyright Office Practice, And The Law, Maria A. Pallante

Washington Journal of Law, Technology & Arts

The 2016 Distinguished Roger L. Shidler Lecture was delivered on July 22, 2016 at the University of Washington School of Law, Center for Advanced Study & Research on Innovation Policy during the 2016 Global Innovation Law Summit.

Will Athletes Ever Learn? Examining The Ways The Ncaa Has Tried To And Can Deter Student-Athletes From Accepting Extra Benefits, Devon L. Stauffer

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Blocking Home: Major League Baseball Settles Blackout Restriction Case; However, A Collision With Antitrust Laws Is Still Inevitable, William F. Saldutti Iv

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia S. Abril, Nicholas Greene

Articles

Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet's ability to broadcast widely and permanently, has put everyone's off-duty speech, conduct, and reputation under the microscope. Media reports detailing people's digital falls from grace abound. For fear of negative association, businesses are more attuned than ever to the extracurricular acts of their agents and associates-and are increasingly binding them to morality …

When Does Sex Diversity On Boards Benefit Firms?, Darren Rosenblum

Faculty Publications

Firms embrace diversity, especially with regard to sex. Overtly optimistic predictions of a diversity dividend, some built on sex stereotypes, lead these firms to count on profits that may never materialize. This Article attempts to reset the agenda on how to study corporate board diversity. We can only assess if and how sex diversity yields benefits by understanding the who, what, and where of diversity. Whether sex diversity produces a “diversity dividend” depends on three key factors: (1) the nature of the benefit of including women (whether for their experience or other qualities); (2) the kind of firm and its …

From Law Reform To Lived Justice: Marriage Equality, Personal Praxis, And Queer Normativity In The United States, Francisco Valdes

Articles

No abstract provided.

Reconsidering Substantive Canons, Anita S. Krishnakumar

Faculty Publications

This paper provides the first empirical study of the Roberts Court’s use of substantive canons in its statutory interpretation cases. Based on data from 295 statutory interpretation cases decided by the Roberts Court during its first six-and-a-half terms, the paper argues that much of the conventional wisdom about substantive canons of statutory construction is wrong, or at least overstated with respect to the modern Supreme Court. Substantive canons — such as the rule of lenity, the avoidance canon, or the presumption against extraterritorial application of domestic laws — have long been criticized as undemocratic judge-made rules that defeat congressional intent, …

A Flex-Time Jd In Canada: New Approaches To The Accessibility Of Legal Education, Darcel Bullen, Lorne Sossin

Articles & Book Chapters

This article examines accessibility and inclusion in legal education. Responding to the Canadian Bar Association’s call for accessible and innovative legal education in the Futures Report, this study explores the possibilities (and limits) of a Flex Time Juris Doctor (“JD”) program and how such a program might foster further diverse and inclusive learning community for law students.The article situates the debate around more flexible forms of legal education in historical context, highlighting the role part-time legal studies has played in facilitating the entry of outsider groups into the legal profession. While there is not a mid-sized city in the US …

Better Than Basic Income? Liberty, Equality, And The Regulation Of Working Time, Matthew Dimick

Journal Articles

Basic income has attracted the attention of academics, policy makers, and politicians around the globe. Basic income—a no-strings-attached cash transfer made to all citizens of a country, rich or poor—has been lauded as a plan to eliminate poverty, reduce income inequality, redress imbalances in the labor market, remedy the impending problem of mass technology-induced unemployment—the “robot apocalypse”—and make possible meaningful lives for those otherwise dependent on menial work in the labor market. It has also been proposed as an efficient, nonpaternalistic, and stigma-free alternative to existing welfare state policies. This Article compares basic income to an alternative policy proposal: the …

"Reasonable Zones Of Privacy"—The Supreme Court's Struggle To Find Clarity In The American Landscape Regarding Fourth Amendment Rights, Alex Alben

Washington Journal of Law, Technology & Arts

The U.S. Supreme Court has struggled over the years to develop the concept of what constitutes a "reasonable zone of privacy" when it comes to intrusion on an individual's physical space or activities. With the advent and widespread adoption of new technologies such as drones and listening devices, concern for protecting privacy has magnified, yet court doctrine remains inconsistent. The author, Washington State's Chief Privacy Officer, reviews the history of Supreme Court "search and seizure" rulings in prominent cases to identify both patterns and flaws on the topic of protecting citizen privacy.

Deepsouth Will Rise Again—The Argument In Favor Of The Federal Circuit's Holding In Promega Corp. V. Life Technologies, Christopher Ainscough

Washington Journal of Law, Technology & Arts

Two recent holdings from the United States Court of Appeals for the Federal Circuit in Promega Corp. v. Life Technologies Corp. have come under fire from members of the patent community. In Promega, the Federal Circuit held that i) 35 U.S.C. § 271(f)(1) does not require a third party to "actively induce the combination" of a patented invention, and ii) that a single component can be a "substantial portion" of the components of patented invention. In this Article, I argue that the Federal Circuit decided these issues correctly in light of the policy considerations that went into Congress's enactment …

Justiciability, Access To Justice And The Development Of Constitutional Law In Canada, Lorne Sossin, Gerard J. Kennedy

Articles & Book Chapters

Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights and Freedoms (the ‘Charter’), this article seeks to reconcile the access to justice benefits of summary procedures with the government litigant’s duty to act in the public interest (or as a ‘model litigant’) and uphold the rule of law. Though acknowledging the benefits that can result from the use of summary procedures to end litigation, the authors observe that compliance with strict requirements in procedural law are frequently dispensed with in the Charter context. In fact, summary procedures can have a devastating effect on the development of Charter …

On Writing Labour Law History: A Reconnaissance, Eric M Tucker

Articles & Book Chapters

Labour law historians rarely write about the theoretical and methodological foundations of their discipline. In response to this state of affairs, this article adopts a reconnaissance strategy, which eschews any pretense at providing a synthesis or authoritative conclusions, but rather hopes to open up questions and paths of inquiry that may encourage others to also reflect on a neglected area of scholarship. It begins by documenting and reflecting on the implications of the fact that labour law history sits at the margins of many other disciplines, including labour history, legal history, labour law, industrial relations and law and society, but …

Newfoundland’S Constitution From Contact To King William’S Act, Philip Girard

Articles & Book Chapters

In his work The British Empire in America, published in 1708, the historian John Oldmixon observed casually that in Newfoundland, “there’s no need of much Law, for the Inhabitants have not much Land and no Money.”1 The premise was correct, but the conclusion did not necessarily flow. Observers often lamented the absence of law and legal institutions in early Newfoundland, and there were a variety of attempts to bring law to the plantation in the 17th century, all of them strange and unfamiliar to modern eyes. None of the apparatus of 19th-century colonial governance was established before 1700: there were …

Leisure/Crime, Immaterial Labor, And The Performance Of The Teenage Girl In Harmony Korine’S Spring Breakers (2012) And Sofia Coppola’S The Bling Ring (2013), Maryn Wilkinson

Journal of Feminist Scholarship

Harmony Korine’s Spring Breakers (2012) and Sofia Coppola’s The Bling Ring (2013) introduced audiences to girls exploring criminal behavior both for and as leisure. The films introduce an idea of leisure/crime: criminal acts that appear to develop as natural, fruitful extensions of leisure activities, circumnavigating conventional laws of capitalism, yet still allow its actors to access, attain, and consume goods, money, value, and status. Through close analysis of the films’ style and character performances, this article proposes that the films and their enactments of leisure/crime in fact offer complex critical commentary on contemporary relations between the representation of teenage girls, …

The Transgressive Girl, Nicole Killian

Journal of Feminist Scholarship

This paper imagines the Internet as a potentially utopian girl-space by looking at how girls, and pop-cultural depictions of girls, use the language, signs, and symbols of the Internet, an inherently patriarchal system, in transgressive ways. I propose the 1990s media representations as the touchstone moment when the conditions of possibility for imagining the hacker as a weaponized girl emerged visually in popular culture. The girl, exemplified by various figures within popular television and film culture, is a precursor to and postulates an entry point into the ways Internet today is used in transgressive nature.