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

University of the Pacific Law Review

No abstract provided.

Standing Up For Our Planet: It's Time For An Environmental Standing Doctrine, Aliya Gorelick

University of the Pacific Law Review

No abstract provided.

Lost And Found: Reuniting Missing Participants And Lost Pensions, Kathryn L. Moore

Law Faculty Books and Chapters

In the United States, the problem of missing participants and lost pensions is huge. Although there is no precise estimate of the size of the problem, the PBGC reports that more than 80,000 workers have unclaimed pensions worth more than $300 million and Terry Dunne of Millennium Trust Company has made “an educated guess based on government and industry data that more than 900,000 workers lose track of 401k-style, defined-contribution plans each year.” Anecdotally, Kyle Garrett posted on July 8, 2020, that in his 15 years at the Pension Rights Center, the most frequent question he has received from callers …

Conflict Communication In Law Enforcement, Don Zheng

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper will focus on addressing conflict communication in law enforcement and what literature are available and the gaps within them. Conflict communication can range from the way's words are used, what words are used, and when those words are used when police officers interact with the public. Due to the lack of extensive research done within communication studies and law enforcement, this paper aims to aid in getting future research studies done within the professions. Conflict communication within law enforcement is a topic that should be talked about more to possibly lower the number of instances where physical and/or …

Standing Between The Past And The Future, How Defense Attorneys Use Stigma Management Techniques In Presenting Their Closing Arguments In Capital Sentencing Procedures: A Content Analysis, Abdulrahmane Abdul-Aziz

All Graduate Theses, Dissertations, and Other Capstone Projects

In the penalty-phase of a capital case, defense attorneys face a difficult task in managing the identity of their now convicted client. They must present a coherent narrative that combats the prosecution’s case and engenders leniency from the jury. The closing argument given by the defense attorney(s) provides a unique opportunity to analyze and understand the general use of stigma management techniques and their applicability to capital cases. Using content analysis, 18 Transcripts from Texas capital cases from 2005 to 2015 were analyzed against the relevant techniques of neutralization (Sykes & Matza, 1957): appeal to a higher loyalty, appeal to …

Workplace Diversity, Equity, And Inclusion Programs: Inclusive Environments And Diversity Promotion Programs, Zachary Mccoy

University of San Francisco Law Review

No abstract provided.

Fictitiously Overstating Taxable Income, Stanley Veliotis

University of San Francisco Law Review

No abstract provided.

Eu Directive On Copyright In The Digital Single Market: An Outlier In Intermediary Liability And The Death Of Safe Harbor Protections, Marisa N. Sanchez

University of San Francisco Law Review

No abstract provided.

Should Justices Be Historians? Justice Scalia’S Opinion In District Of Columbia V. Heller, Todd B. Adams

University of San Francisco Law Review

No abstract provided.

Full Faith & Credit For Victims Of Human Trafficking, Joseph Woltmann

University of San Francisco Law Review

No abstract provided.

The Effects Of National Security On Supreme Court Case Decisions Involving Civil Liberties, Callie Gerzanics

Williams Honors College, Honors Research Projects

This research project will analyze the effects that national security laws and tensions have on civil liberties and Supreme Court case decisions. National security has been a primary objective for the United States of America for as long as wars have been fought and enemies have been made. National security continues to be a concern for the U.S. government, especially with the prominence of technology that has made the U.S. more vulnerable to breaches in security, such as cybernetic attacks. The motivations behind this project stem from a concern of how national security can influence Supreme Court decisions, police arrests, …

Climate-Induced Human Displacement And Conservation Lands, Jessica Owley

Articles

As climate change leads to both internal displacement and mass migrations, we need not only new places for people to live but also new locations for infrastructure projects and other public needs. Some of the most attractive areas for these new land uses are currently unoccupied land, including land set aside for conservation. Numerous laws restrict the availability and possible uses of public conservation land. Individual agreements and property restrictions encumber private conservation land, varying in the ease with which the restrictions can be modified. For example, privately protected areas in the United States are often encumbered with perpetual conservation …

Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Health Pandemic [Sierra Leone], Charles C. Jalloh

Articles

No abstract provided.

Charles Reich, New Dealer, John Q. Barrett

Faculty Publications

(Excerpt)

My encounters with Charles Reich began long before I had any personal contact with him. I read his 1970 bestseller The Greening of America late in that decade, when I was in high school. From then on, I always owned a copy of that book, until it would disappear in a move or on "loan" to some friend.

Luckily so many copies of Greening are in print that I easily would find it anew in used bookstores. So, I often restocked, reread in the book, and got to feel afresh the lift of Reich's spirit and his words.

Consider, …

Six Scandals: Why We Need Consumer Protection Laws Instead Of Just Markets, Jeff Sovern

Faculty Publications

Markets are powerful mechanisms for serving consumers. Some critics of regulation have suggested that markets also provide consumer protection. For example, Nobel Prize-winning economist Milton Friedman said “Consumers don’t have to be hemmed in by rules and regulations. They’re protected by the market itself.” This Article’s first goal is to test the claim that the market provides consumer protection by examining several recent incidents in which companies mistreated consumers and then explores whether consumers stopped patronizing the companies, which would deter misconduct. The issue also has normative implications because if markets consistently protected consumers, society would need fewer regulations and …

Settlement Fever: Lawyers, Have You Updated Your Philosophical Map?, Elayne E. Greenberg

Faculty Publications

(Excerpt)

This column is the second in my three-part series about settlement fever. The focus of this column is on how settlement fever is incentivizing you, an ethical lawyer, to expand your legal mindset when you engage with your clients to help resolve their disputes. Have you updated your philosophical map lately?

Co-Opting Coronavirus, Assailing Asylum, Ashley B. Armstrong

Faculty Publications

The Centers for Disease Control (CDC) issued an Order on March 26, 2020, under Title 42, Section 265 of the Public Health Service Act, in the name of combatting the spread of coronavirus. The Order has been called the “Asylum Ban” because it effectively has sealed the southern border to protection-seekers, resulting in the pushback of nearly 400,000 asylees and unaccompanied children. This Article argues that the Trump administration has contravened the rule of law by using the coronavirus pandemic as a convenient pretext to end asylum in the U.S., and by violating the rights of protection-seekers. In doing so, …

Biglaw: Money And Meaning In The Modern Law Firm, Milton C. Regan, Lisa H. Rohrer

Georgetown Law Faculty Publications and Other Works

The Great Recession intensified large law firms’ emphasis on financial performance, leading to claims that lawyers in these firms were now guided by business rather than professional values. Based on interviews with more than 250 partners in large firms, Mitt Regan and Lisa H. Rohrer suggest that the reality is much more complex. It is true that large firm hiring, promotion, compensation, and termination policies are more influenced by business considerations than ever before and that firms actively recruit profitable partners from other firms to replace those they regard as unproductive. At the same time, law firm partners continue to …

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

The Subdelegation Doctrine As A Legal Tool For Establishing Tribal Comanagement Of Public Lands: Through The Lens Of Bears Ears National Monument, Daniel Franz

Colorado Environmental Law Journal

No abstract provided.

What's Mine Is Yours: An Analysis Of The Federal Laws Used To Compensate The Navajo Nation And Remediate Abandoned Uranium Mines And Mills On The Reservation, Cody Philips

Colorado Environmental Law Journal

No abstract provided.

Green Infrastructure: Strengthening Federal Policy For Flood Mitigation, Ecosystems, And Community Well-Being, Mckenzie Brandon

Colorado Environmental Law Journal

No abstract provided.

Let My People Go Fishing: Public Stream Access And Navigability On Colorado's Rivers, Peter Jaacks

Colorado Environmental Law Journal

No abstract provided.

Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites, Michael Goodyear

Articles & Chapters

The Hagia Sophia has stood as one of the greatest religious buildings in the world for nearly 1,500 years. During this time, the structure was a church and then a mosque, before finally becoming a museum in 1934. But in July 2020, the Turkish president, Recep Tayyip Erdoğan, re-converted the Hagia Sophia to a mosque following a ruling by the Turkish Council of State. The re-conversion was received with outrage across much of the world, but whether the decision was legal poses a much more difficult question.

This article analyzes Turkish domestic law and international law to conclude that there …

The U.S.-China Audit Oversight Dispute: Causes, Solutions, And Implications For Hong Kong, Robin Hui Huang

The International Lawyer

No abstract provided.

Classcrits Time?: Building Institutions, Building Frameworks, Athena D. Mutua

Journal Articles

This essay chronicles the development of ClassCrits, an organization of US legal scholars that seeks to ground economic analyses in progressive legal jurisprudence. Today, ClassCrits ideas may resonate with a broader audience. I attribute this institutional success partly to ClassCrits’ commitment to: an interdisciplinary “big tent” openness, safe and responsive space, and praxis and collaboration. I then explore three key topics in a selection of ClassCrits writings on class and law: (1) neoliberal entrenchment and preservation; (2) class oppression; and (3) the intersecting oppression of class and race. I argue that ClassCrits scholarship on law and neoliberalism is productively viewed …

Equality, Animus, And Expressive And Religious Freedom Under The American Constitution: Masterpiece Cakeshop And Beyond, Daniel O. Conkle

Books & Book Chapters by Maurer Faculty

Professor Conkle's contribution to this volume, pre-print attached, is the chapter "Equality, Animus, and Expressive and Religious Freedom Under the American Constitution: Masterpiece Cakeshop and Beyond."

CHAPTER ABSTRACT: Does the First Amendment protect religious wedding vendors from anti-discrimination laws that require them to provide goods or services for same-sex weddings? The fundamental question is whether equality or religious freedom should prevail in this setting, but the complexities of American free speech and free exercise law—exacerbated by the Supreme Court’s decision in Masterpiece Cakeshop—have obscured the debate with dubious distinctions and highly contentious rationales and arguments. In this Essay, I present …

America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman

Scripps Senior Theses

The goal of this thesis is to critique the current American Presidential electoral system, the Electoral College, and to show what an alternative could potentially mean for the American people. This paper seeks to answer the following questions: What are the main arguments for the Electoral College, why are they troubling, and how can we mend American Presidential elections for the greater purposes of political equality, democracy, and freedom? To do so, core arguments made by conservative pundits in favor of the Electoral College are outlined in order to bring attention to their logical, political, and moral inconsistencies. The inequalities …

Perceptions Of Equality And Justice In African Americans: Implications For Well-Being And Success, Elaney C. Ortiz

Scripps Senior Theses

Focusing on the intersections of the perceptions of legal equality and justice and lived experiences of equality and justice in the Black Community, this study seeks to find an interaction between these different perceptions of equality and justice, and well-being and success for Black Americans. Grounded in theory, but taking an original approach to this field, it is hypothesized that increased perceptions of equality and justice in either realm will increase well-being and success. Distinctly, lower perceptions of equality and justice will contribute to lower levels of well-being and success. This research is critical, as it looks at the importance …

A Plumber With Words: Seeking Constitutional Responsibility And An End To The Little Sisters Problem, Alison M. Latimer, Benjamin L. Berger

Articles & Book Chapters

Joe Arvay sometimes described his work as a lawyer as being a “plumber with words”. We think what he meant was that he strived to offer tangible solutions to concrete problems. In other words, while it’s good to know what the law says, and what legal enthusiasts think about how the law operates, Charterbreaches affect real people, most of them not lawyers. It is the lived experience of the law that ultimately ought to draw our concern, energy, and talents.If you want to bend the law towards justice, you need to focus remedial attention on what the law actually …