Law Commons^™

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia Gonzalez, Mara Schiff

Faculty Scholarship

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Carceral Control: A Nationwide Survey Of Criminal Court Supervision Rules, Kate Weisburd

Faculty Scholarship

The day-to-day operation of criminal court supervision—including probation, parole, and electronic ankle monitoring—is understudied and undertheorized. To better understand the mechanics of these systems, this study comprehensively analyzes the rules governing people on criminal court supervision in the United States. Drawing on the analysis of 187 public records from all fifty states, this study documents how criminal court supervision functions and impacts daily life. In particular, this study examines the various ways that supervision rules limit or restrict privacy, bodily autonomy, liberty, dignity, speech, and financial independence. This study also explores the nature and prevalence of supervision rules across the …

The Future Of Arbitration In The United States: Textualism, A Tectonic Shift, And A Reshaping Of The Civil Justice System, Imre S. Szalai

Cardozo Journal of Conflict Resolution

No abstract provided.

Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock

Cardozo Journal of Conflict Resolution

No abstract provided.

Conflict Resolution-Negotiation: Liv V. Pga Tour, Ross Herman

Cardozo Journal of Conflict Resolution

No abstract provided.

Finding Happiness In The Law: Lifelong Learning As A Path To Meaning And Purpose, Mamaysky, Isaac

Santa Clara Law Review

We begin with the premise that the happiest and most fulfilled attorneys are those who live a life of meaning and purpose. While many in the legal profession have achieved this goal, many others are unsatisfied with their career trajectories but feel, for a variety of reasons, that they aren’t empowered to make a change. Unfortunately, study after study finds that many attorneys are stressed and unhappy with their professional lives, and would even leave the law entirely if they could.

The Article argues that these attorneys have a far more dynamic set of options than simply leaving the profession …

Leading Law Firms In The “New Normal”: Recovering From Crises Through Leadership Development, Polden, Donald J.

Santa Clara Law Review

Beginning in 2008, the first of three major crises hit the nation and had global implications and effects, including significant ones for the legal profession. Those crises were the financial crisis of 2008, followed by the social justice movements reflecting outrage at several highly-publicized police killings of Black men and women, and, most recently, the 2020-2022 COVID-19 pandemic. The crises created significant challenges for lawyers and legal institutions but they also created opportunities for enhanced access to justice, more efficient law organization practices, and new workplace requirements. The Article considers several difficult questions about where the legal profession is at …

Administration And Faculty

University of the Pacific Law Review

No abstract provided.

Note From The Editor-In-Chief, Sierra Horton

University of the Pacific Law Review

No abstract provided.

The Abc Test: Corporate America Gets What It Needs, Not What It Wants, Michael P. Maslanka

University of the Pacific Law Review

No abstract provided.

Worker Classification Conundrums In The Gig Economy, Susan E. Provenzano

University of the Pacific Law Review

No abstract provided.

Cite This Volume

University of the Pacific Law Review

No abstract provided.

Table Of Contents

University of the Pacific Law Review

No abstract provided.

The Good, The Bad, And The Ugly: Incorporating The Good Or Bad Faith Consideration Into The Fair Use Analysis, Alec Peden

University of the Pacific Law Review

No abstract provided.

The United States’ Stringent Sovereignty: How Foreign Policy Framing Prioritizes Security Over Human Rights, Kathryn Parker

Scripps Senior Theses

American policymakers utilize valence framing, purposeful descriptions of outcomes as positive or negative, to influence the opinions of voters while maintaining the moral superiority felt by many citizens in the liberal Western hegemon. This study intended to combine the political theories of Constructivism and Realism to form Constructive Realism, a theory that emphasizes the significance of state power and norms as joint influences on constituents. Constructive realism was then applied to four case studies – the UN Security Council, International Criminal Court, Convention on the Rights of the Child, and Convention on the Elimination of Discrimination Against Women. This study …

Biden's Infrastructure Plan: A New Commitment To Public Goods?, Matthew Titolo

Law Faculty Scholarship

No abstract provided.

Growing Pains: The False Promise To Prepare Students For Adulthood, Melad N. Haddad

University of San Francisco Law Review

No abstract provided.

The Perverse Carrot: How Extreme Economic Precarity Is Exploited Through Witness Perks, Roxann Matthews

University of San Francisco Law Review

No abstract provided.

A Little Knowledge Is A Dangerous Thing: Custody Evaluators And The Pop Psychology Of “Parental Alienation” In The California Family Law Courts, Carrie Leonetti

University of San Francisco Law Review

No abstract provided.

The Disrupted Path To Becoming Easy, Breezy, Beautiful: How Companies Are Deceiving Consumers With Their Animal Testing Products, Wendy Chao

University of San Francisco Law Review

No abstract provided.

Voting Justice: Why The Attack On Voting Rights Is Best Understood As A "Justice" Issue, Yalda Nia

University of San Francisco Law Review

No abstract provided.

Volume 31 Masthead

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Exit Theory Of Judicial Appraisal, William J. Carney, Keith Sharfman

Faculty Publications

For many years, we and other commentators have observed the problem with allowing judges wide discretion to fashion appraisal awards to dissenting shareholders based on widely divergent, expert valuation evidence submitted by the litigating parties. The results of this discretionary approach to valuation have been to make appraisal litigation less predictable and therefore more costly and likely. While this has been beneficial to professionals who profit from corporate valuation litigation, it has been harmful to shareholders, making deals costlier and less likely to be completed.

In this Article, we propose to end the problem of discretionary judicial valuation by tracing …

Religious Liberty For All? A Religious Right To Abortion, Caroline Mala Corbin

Articles

One of the most notable trends in recent Supreme Court jurisprudence is the expansion of religious liberty rights. The right to practice one's faith is a core feature of a democracy, but the Supreme Court has privileged that right over other equally critical ones, most notably the right to equal treatment. Thus, for example, the Court has held that for-profit companies have a religious right to exclude contraception from their health insurance plans and that nonprofit charities have a religious right to refuse to place foster children with same-sex couples. In these and similar cases, the religious beliefs aligned with …

The Ethics Of Artificial Intelligence In Legal Advocacy, Elissa Germaine

Faculty Publications

(Excerpt)

The use of AI in our personal and professional lives has entered the public consciousness over the past several months. The legal profession and the securities industry are no exception. This article begins to explore the use of open source generative AI in legal advocacy, and the related ethical implications for securities arbitration practitioners.

Studies have corroborated the impact of AI on the legal profession that many of us have been seeing in practice or hearing and reading about. A Goldman Sachs study predicted that the legal profession will be one of the most likely areas to be impacted …

Table Of Contents, Colorado Environmental Law Journal

Colorado Environmental Law Journal

No abstract provided.

America's Public Lands: What History Suggests About Their Future, John Leshy

Colorado Environmental Law Journal

No abstract provided.

Unleashing Carbon Removal Technologies, Sierra Apillanes, Alexa Penalosa

Colorado Environmental Law Journal

Mounting climate change concerns are driving unprecedented interest in carbon dioxide removal technologies. Unlike carbon capture strategies, which trap carbon dioxide at specific emission points such as power plant smokestacks, carbon removal technologies directly remove carbon dioxide from the ambient atmosphere. Fossil fuel industry stakeholders have championed carbon capture for years as a means of reducing carbon emissions while continuing the nation's heavy reliance on carbon-intensive energy sources. This focus on promoting carbon capture has delayed the development of policies specifically aimed at promoting carbon removal. As a result, humankind has yet to effectively leverage carbon removal technologies in the …

Federal Insecticide, Fungicide, And Rodenticide Act Preemption Of State Failure-To-Warn Laws, Theodore Motz

Colorado Environmental Law Journal

No abstract provided.

Grid Unlocked: How Colorado Senate Bill 72 Will Impact Wholesale Electricity Markets In Colorado And The West, Wilson Collins

Colorado Environmental Law Journal

No abstract provided.