Law Commons^™

Masthead

University of the Pacific Law Review

No abstract provided.

The Vested Way: A Model Of Formal Relational Contracts, Kate Vitasek, Jane K. Winn, Toni E. Nickel

University of the Pacific Law Review

No abstract provided.

Chapter 79: The Least-Worst Option For Utility Customers In The Aftermath Of Devastating Wildfires, Maddy Orlando

University of the Pacific Law Review

No abstract provided.

Hey Siri, What Is California Doing To Prepare For The Growth Of Artificial Intelligence, Joshua La Bella

University of the Pacific Law Review

No abstract provided.

Table Of Contents, University Of The Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Note From The Chief Managing Editor, Dj Mico

University of the Pacific Law Review

No abstract provided.

Introducing The Warren Court’S Criminal Procedure Revolution: A 50-Year Retrospective, Michael Vitiello

University of the Pacific Law Review

No abstract provided.

Warren Court Incrementalism And Indigent Criminal Appellants’ Right To Trial Transcripts

University of the Pacific Law Review

Hannah Bogen** TABLE OF CONTENTS

I. THE CONSTITUTIONAL RIGHT TO TRANSCRIPTS 673

A. Conditioning the Right on Issue Identification . 675

B. A Transcript or A Substitute for Federal Criminal Appeals? 693

II. CONCLUSION 697

Contract Law And Social Morality, Peter M. Gerhart

University of the Pacific Law Review

No abstract provided.

Unequal Opportunity In Education: How Misplaced Meritocracy Falls Short Of Achieving The American Dream, Christy Grellas

University of the Pacific Law Review

No abstract provided.

Note From The Chief Technical Editor, Amy Seilliere

University of the Pacific Law Review

No abstract provided.

Congress Should Decline Ill-Advised Legislative Proposals Aimed At Evergreening Of Pharmaceutical Patent Protection, Christopher M. Holman

University of the Pacific Law Review

No abstract provided.

Note From The Chief Comment Editor, Jade Gasek

University of the Pacific Law Review

No abstract provided.

Table Of Contents, University Of The Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.

Weight Stigma In Different Aspects Of Life, Emanuel Noyola

Capstone Showcase

Weight stigma is discrimination or bias against any individual who is perceived to be overweight or obese. It has recently been recorded that the effects of weight discrimination have an influence on three major areas of life which include schools, the workplace, and personal relationships. This is important as weight discrimination was found to mostly have negative effects in all these areas but was also found to be sometimes beneficial in others, such as retail. Past research has also shown that the effects of weight discrimination are 37 times worse among obese females compared to obese males. One alarming setting …

Redefining Lgbtq And Abortion Rights In Latin America: A Transnational Toolkit, Alyssa Julian

Vanderbilt Journal of Transnational Law

Throughout Latin America, the Lesbian, Gay, Bisexual, Trans, and Queer (LGBTQ) and abortion rights movements have progressed at divergent strengths and speeds, with significant variation among countries. The region is home to some of the most restrictive and discriminatory laws when it comes to these contentious issues. This Note explores some of the reasons behind the variation in LGBTQ and abortion rights throughout the region.

This Note traces the economic and political history of Latin America to illustrate the climate in which these social movements are operating. Further, this Note offers a brief snapshot of recent global developments in LGBTQ …

Stationary Distribution Of Recombination On 4x4 Grid Graph As It Relates To Gerrymandering, Camryn Hollarsmith

Scripps Senior Theses

A gerrymandered political districting plan is used to benefit a group seeking to elect more of their own officials into office. This practice happens at the city, county and state level. A gerrymandered plan can be strategically designed based on partisanship, race, and other factors. Gerrymandering poses a contradiction to the idea of “one person, one vote” ruled by the United States Supreme Court case Reynolds v. Sims (1964) because it values one demographic’s votes more than another’s, thus creating an unfair advantage and compromising American democracy. To prevent the practice of gerrymandering, we must know how to detect a …

Diversity And The Board Of Directors: A Comparative Perspective, Darren Rosenblum

Faculty Publications

(Excerpt)

In 2003, Norwegian feminists, frustrated by intractably stark sex inequality in the private sector, initiated sex quotas to mandate inclusion of women on corporate boards. In the short span of our nascent century, this legislation established that diversity – sex diversity in particular – is a mark of legitimate corporate governance. When Norway adopted a corporate board quota in 2003, it appeared to be an extreme example of Scandinavian overreach. Within eight years, France had followed suit and other leading countries copied the regulation in some form. Now six of the top ten economies mandate sex diversity on corporate …

Convictions As Guilt, Anna Roberts

Faculty Publications

A curious tension exists in scholarly discourse about the criminal legal system. On the one hand, a copious body of work exposes a variety of facets of the system that jeopardize the reliability of convictions. These include factors whose influence is pervasive: the predominance of plea bargaining, for example, and the subordination of the defense. On the other hand, scholars often discuss people who have criminal convictions in a way that appears to assume crime commission. This apparent assumption obscures crucial failings of the system, muddies the role of academia, and, given the unequal distribution of criminal convictions, risks compounding …

Getting It Right By Writing It Wrong: Embracing Faulty Reasoning As A Teaching Tool, Patricia G. Montana, Elyse Pepper

Faculty Publications

(Excerpt)

In the early days of legal writing, we use exercises that have clear "right" answers. The rules are very simple and their meaning, even without looking at the cases, is usually clear. So, the "right" answer is often obvious. Indeed, it is intuitive. Though these exercises give students a sense of accomplishment and allow them to track achievement and understand success and failure, in some ways, they reinforce a common problem in first-year law students: their inability to see beyond the surface of a legal rule.

To ensure the "right" answer, students must distill not only a general rule, …

Ethical Compass: Celebration, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Let’s raise our glasses to toast our esteemed Chief Judge, the Honorable Janet DiFiore, for making Presumptive ADR a central part of the New York Office of Court Administration’s civil case management. In her February 26, 2019 State of the Judiciary Address, Chief Judge Janet DiFiore announced that the New York Office of Court Administration is formally adopting Presumptive ADR. Although all ADR processes such as settlement conferences, negotiations, arbitration and early neutral evaluation may be used to help settle cases, a focus will be on mediation. Presumptive ADR will apply to almost all civil cases filed in New …

Front Matter, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

Presidential Whim, Matthew J. Steilen

Journal Articles

This article describes a new body of legal literature on the presidency. In contrast to older bodies of writing, which emphasize presidential independence, this body of writing emphasizes the dependence of the executive power, and a set of moral values associated with the office: faith, faithfulness, responsibility, honesty, due care, and professionalism, among others. The article considers prospects for enforcing this vision of the presidency in light of the particular problems posed by the Trump presidency. Many writers have complained of President Trump's leadership style, which is abrupt, reflexive, dissembling, and unilateral. I refer to this as the problem of …

One Step Forward, Two Steps Back? Substantive Equality, Systemic Discrimination And Pay Equity At The Supreme Court Of Canada, Fay Faraday

Articles & Book Chapters

In 2018, thirty one years after the equality rights guarantee in the Canadian Charter of Rights and Freedoms took effect, women won their first Supreme Court of Canada appeal based on sex discrimination under section 15 of the Charter. Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé des services sociaux struck down provisions of Quebec’s Pay Equity Act that denied women remedies for sex discrimination in pay that was identified through pay equity audits. Since 1987, the SCC has recognized that systemic discrimination infuses the systems, institutions and relationships of power through which our society …

Electronic Payments: Guide On Legal And Regulatory Reforms And Best Practices For Developing Countries, Benjamin Geva

Articles & Book Chapters

Electronic payments (e-payments) occur whenever payment instructions, initiated by a device such as a computer or mobile phone, enter a payments system via the Internet or any other telecommunications network. E-payments can be assisted by non-banking channels. They enhance the speed, efficiency and safety of payments. However, to reap all such benefits, e-payments require new legal and regulatory solutions to accommodate both the promise and risks inherent in the quickening pace of development. This Guide sets out a general framework addressing e-payment systems in a broad international/cross-border context, as well as addresses regulatory principles, risk of legal uncertainty and e-payments …

Third World Approaches To International Law Review: A Journal For A Community, Usha Natarajan, Laura Betancur-Restrepo, Amar Bhatia, John Reynolds, Ntina Tzouvala, Sujith Xavier

Articles & Book Chapters

Our purpose in creating the TWAIL Review is to provide a space for critical scholars, mainly from the global South and their allies oriented to the South, to participate in the project of international law, to produce knowledge creatively through interdisciplinarity, and to push our discipline towards becoming more just, more radical, and more responsive to the collective challenges we face.

Academic And Practitioner Perspectives On The Ilc Draft Articles On Prevention And Punishment Of Crimes Against Humanity As Adopted On Second Reading, Charles C. Jalloh, Leila N. Sadat

Articles

No abstract provided.

The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard

Articles & Book Chapters

In the century after the fall of New France, both Indigenous peoples of Canada and French Canadians could be described as colonised peoples. Yet the treatment of each group's pre-existing laws and the ways in which each found its constitutional demands recognised (or not) varied considerably. In spite of significant rebellions in 1837-1838, French Canadians went on to achieve a high degree of autonomy within the province of Quebec in the British North America Act 1867. Meanwhile, intercultural legal arrangements with Indigenous peoples, such as the Covenant Chain, which could be termed constitutional, were gradually undermined, ignored and forgotten. This …

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.