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CWSL Scholarly Commons California Western School of Law

    Content Posted in 2014

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    A.B. 1245 of 2003--An Attempt at Modest Reform of California's Initiative Process, John Laird and Clyde Macdonald

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    Abstinence Breeds Contempt: Why the U.S. Policy on Foreign Assistance for Family Planning is Cause for Concern, Tobey E. Goldfarb

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    Abstraction, Precedent, and Articulate Consistency: Making Environmental Decisions, Bruce Pardy

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    A Bull in a China Shop: The War on Terror and International Law in the United States, Gabor Rona

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    A Call for Cultural Understanding in the Creation, Interpretation and Application of Law: Is the United States Meeting the Needs of Russian Immigrant "Mail-Order Brides?", Tifany E. Markee

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    A Call for Cultural Understanding in the Creation, Interpretation and Application of Law: Is the United States Meeting the Needs of Russian Immigrant "Mail-Order Brides?", Tifany E. Markee

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    Accreditation Revisited: ABA Reexamination of Approved Law Schools, Steven R. Smith

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    A Comparison of Drug Approval at the FDA and the EMEA/CPMP, Martine Kraus, Ph.D.

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    A Crazy System: Mental Health Care Delivery in America, Steven R. Smith

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    A Crumbling Pyramid: How the Evolving Jurisprudence Defining “Employee” Under the ADEA Threatens the Basic Structure of the Modern Large Law Firm, Jessica Fink

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    Activities of the Council of Europe in the Field of Family Law, Marta Requena

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    Activities of the Council of Europe in the Field of Family Law, Marta Requena

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    Adding Insult to Injury: California's Cruel Indifference to the Developmental Needs of Abused and Neglected Children From Birth to Three, Jennifer R. Meiselman Titus

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    Addressing Problems of Power and Supervision in Field Placements, Nancy M. Maurer and Robert F. Seibel

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    Addressing Religious Intolerance in Europe: The Limited Application of Article 9 of the European Convention of Human Rights and Fundamental Freedoms, Keturah A. Dunne

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    Addressing Religious Intolerance in Europe: The Limited Application of Article 9 of the European Convention of Human Rights and Fundamental Freedoms, Keturah A. Dunne

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    ADDRESS: Non-Zoning is the Best Zoning, Bernard H. Siegan

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    ADDRESS - The Current Tendencies of Human Rights, Jorge Carpizo

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    A Development Model Meets Piracy in Paraguay, James M. Cooper and Carlos Ruffinelli

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    A Development Model Meets Piracy in Paraguay, James M. Cooper and Carlos Ruffinelli

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    Admissibility of DNA Statistical Data: A Proliferation of Misconception, R. Stephen Kramer

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    A Door Left Open? National Railroad Passenger Corporation v. Morgan and Its Effect on Post-Filing Discrete Acts in Employment Discrimination Suits, Benjamin J. Morris

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    Aerial Attacks on Civilians and the Humanitarian Law of War: Technology and Terror from World War I to Afghanistan, Matthew Lippman

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    A Gendered Update on Women Law Deans: Who, Where, Why, and Why Not?, Laura M. Padilla

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    Agent-Experts in Criminal Trials: The Ultimate Issue Rule as a Defense to the Imprimatur Problem, Jihan Younis

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    Aggregating Defendants, Greg Reilly

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    A Human Rights Approach to Counter-Terrorism, Mark D. Kielsgard

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    Air Highjacking as a Political Crime - Who Should Judge?, Robert H. Lynn

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    A Jury of Your Peers?: How Jury Consulting May Actually Help Trial Lawyers Resolve Constitutional Limitations Imposed on the Selection of Juries, Rachel Hartje

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    Alchemy and Patentability: Technology, "Useful Arts," and the Chimerical Mind-Machine, Laura R. Ford

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    Allocation of Controlled Intangible Income Under the I.R.C. § 936 Credit: Effects of Recent Transfer-Pricing Regulations and the Omnibus Budget Reconciliation Act of 1993, Raymond Wacker and Allan Karnes

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    Alternatives to Litigation in IP Disputes in Asia and in Finland, Nari Lee and Marcus Norrgård

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    Amalgamation of the Southern California Banking Industry: San Diego a Microcosm, Cheryl R. Lee

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    American Reparations Theory and Practice at the Crossroads, Eric K. Yamamoto, Sandra Hye Yun Kim, and Abigail M. Holden

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    American Utilization of the Mexican Border Industrialization Program, Charles E. Rumbaugh

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    America's Legacy of Xenophobia: The Curious Origins of Arizona Senate Bill 1070, Lilian Jiménez

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    America's Melting Pot: Language Not Included. U.S. Workplace Language Discrimination and the European Union Approach as a Model Framework, Julie Thorpe-Lopez

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    An Artist's Privilege, Niels Schaumann

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    An Impetus of Human Wreckage?: The 1996 Amended Landmine Protocol, Alicia H. Petrarca

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    ANNOTATED BIBLIOGRAPHY: Intimate Partner Violence in the GLBT Communities: A Selected Annotated Bibliography, Raquel J. Gabriel

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    "A Painful Process of Waiting": The New York, Washington, New Jersey, and Maryland Dissenting Justices Understand that "Same-Sex Marriage" Is Not What Same-Sex Couples are Seeking, Barbara J. Cox

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    Appendices, Various authors

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    A Primer on Enron: Lessons From A Perfect Storm of Financial Reporting, Corporate Governance and Ethical Culture Failures, Marianne M. Jennings

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    A Puzzle of Sovereignty, Steven Lee

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    Arbitration's Summer Soldiers Marching into Fall: Another Look at Eisenberg, Miller, and Sherwin's Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts, Nancy Kim

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    Architectural Barriers Under the ADA: An Answer to the Judiciary's Struggle with Technical Non-Compliance, D. Russell Hymas and Brett R. Parkinson

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    A Remarkable Period in International Scholarship: Thirty Years Before the Masthead, Steven R. Smith

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    Are the Principles of Human Rights "Western" Ideas? An Analysis of the Claim of the "Asian" Concept of Human Rights from the Perspectives of Hinduism, Surya P. Subedi

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    Are the Principles of Human Rights "Western" Ideas? An Analysis of the Claim of the "Asian" Concept of Human Rights from the Perspectives of Hinduism, Surya P. Subedi

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    Ashcroft v. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores, Kenneth S. Klein

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    Asking the Scary Question: What Is the Correct Understanding of "Interrogation" Under Rhode Island v. Innis?, Kyle C. Welch

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    Assessing the Impact in Grutter on the Use of Race in Law School Admissions, Philip C. Aka

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    A Tangled Situation of Gender Discrimination: In the Face of an Ineffective Antidiscrimination Rule and Challenges for Women in Law Firms--What is the Next Step to Promote Gender Diversity in the Legal Profession?, Lea E. Delossantos

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    A Term to Remember: The Supreme Court and the Future of Healthcare Reform, Steven R. Smith

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    A Tribute to Dean Michael H. Dessent, Roy Morrow Bell, Chairman of the Board

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    A Tribute to Professor Howard Berman, Barbara J. Cox

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    A Tribute to Robert G. Meiners, Lawrence D. Lee

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    Avena & Other Mexican Nationals: The Litmus for LaGrand & the Future of Consular Rights in the United States, Alan Macina

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    Avoiding Tax Liens on Personal Property in Bankruptcy: A Look at the Interplay Between the Bona Fide Purchaser Provisions of the Tax and Bankruptcy Codes, Morgan D. King and Jonathan H. Moss

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    Baby Steps or One Fell Swoop?: The Incremental Extension of Rights is Not a Defensible Strategy, James M. Donovan

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    Bankrupting the First Amendment: Using Tort Litigation to Silence Hate Groups, Jason Paul Saccuzzo

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    Banks' Effectiveness at Reporting Financial Abuse of Elders: An Assessment and Recommendations for Improvements in California, Charles Pratt

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    Barclays Bank PLC v. Franchise Tax Board: California's Taxation of Foreign-based Multinational Corporations, Robin Sabransky

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    Bargaining Power and Background Law, Nancy Kim

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    Battle for Bluefin: The Consumer's Role in Preserving the Atlantic Bluefin Tuna, Dawn M. Kato

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    Better Legal Counseling Through Empirical Research: Identifying Psycholegal Soft Spots and Strategies, Marc W. Patry

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    Between the Devil and the Deep Blue Sea: Are Taiwan's Trading Partners Implying Recognition of Taiwanese Statehood?, Cheri L. Attix

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    Beyond the Rhetoric: Reinvigorating the Struggle for Economic and Social Rights in Africa, J. Oloka-Onyango

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    Beyond What? Beyond Earth Orbit?...! The Applicability of the Registration Convention to Private Commercial Manned Sub-Orbital Spaceflight, Frans G. von der Dunk

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    BFP v. Resolution Trust Corporation: Critiquing the Supreme Court's Method of Determining "Reasonably Equivalent Value" Within the Context of Bankruptcy Foreclosures, David P. Schwartz

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    Bilski on Biotech: The Potential for Limiting the Negative Impact of Gene Patents, Bryan Nese

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    Bioterrorism or Avian Influenza: California, The Model State Emergency Health Powers Act, and Protecting Civil Liberties During a Public Health Emergency, N. Pieter M. O'Leary

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    "Black Box" Agreements: The Marketing of U.S. Technical Know-How in the Pacific Rim, Sue Holloway

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    Blameworthiness, Intent and Cultural Dissonance, Nancy Kim

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    Blood Sugar Sex Magik: A Review of Postconviction DNA Testing Statutes and Legislative Recommendations, Justin Brooks and Alexander Simpson

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    Bodily Integrity: A Substantive Due Process Right to Be Free from Rape by Public Officials, Stephanie Weiler

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    Boilerplate and Consent, Nancy Kim

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    BOOK REVIEW: An Introduction to the Legal System of the People's Republic of China, by Albert H.Y. Chen, Butterworths Asia: Singapore, 1992., Frankie Fook-Lun Leung

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    BOOK REVIEW - Constitutional Confrontation in Hong Kong -- Issues and Implications of the Basic Law, by Michael C. Davis, New York: St. Martin's Press, 1990, Frankie Fook-Lun Leung

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    Book Reviews, California Western International Law Journal

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    Book Reviews, California Western International Law Journal

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    Books Received, California Western Library

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    Books Received, California Western Library

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    Books Received, California Western Library

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    Books Received, California Western Library

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    Books Received, California Western School of Law Library

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    Books Received, California Western School of Law Library

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    Books Received, California Western School of Law Library

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    Books Received, California Western School of Law Library

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    Books Received, California Western School of Law Library

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    Books Received, California Western School of Law Library

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    Books Received, California Western School of Law Library

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    Bridge Over Troubled Waters and Passageway on a Journey to Justice: National Lessons Learned About Justice from Louisiana's Response to Hurricane Katrina, Angela A. Allen-Bell

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    Bringing Fairness to Extradition Hearings: Proposing a Revised Evidentiary Bar for Political Dissidents, Hansdeep Singh

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    Broadcasting Video Online from 5000 Feet Underwater: A Proposal to Help Ensure an Archaeological Duty of Care for Historic Shipwrecks, Paul R. Spencer

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    Bronze, Silver, or Gold: Does the International Olympic Committee Deserve a Medal for Combating Human Trafficking in Connection with the Olympic Games?, Jennifer Gustafson

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    California Pretrial Rent Deposit Pilot Project: A Legal and Empirical Analysis of the System in Action in the Los Angeles Municipal Court (Central Division), Bruce Zucker

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    California's Regulation of Non-Consensual Private Property Tows: Why Section 22658(l) is Federally Preempted, Elisabeth M.W. Trefonas

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    Can Alternative Dispute Resolution Mechanisms Become the Default Method for Solving International Intellectual Property Disputes?, Jacques de Werra

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    Can a Pharmacist Refuse to Fill Birth Control Prescriptions on Moral or Religious Grounds?, Karissa Eide

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    Can State Health Reform Initiatives Achieve Universal Coverage: Lessons from California’s Recent Failed Experiment, Susan A. Channick

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    Can Tort Law Be Used to Save Blue Collar Jobs in the United States, Edwin R. Render

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    Cardboard Castles: The Fourth Amendment's Protection of the Homeless's Makeshift Shelters in Public Areas, Gregory Townsend

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    Cardozo's Use of Authority: An Empirical Study, William H. Manz

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    Carnival Cruise and the contracting of everything, Nancy Kim

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    Changes in the Modern Era Lead to the Evolution of Hungarian Family Law and Children's Rights, Emilia Weiss

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    Changes in the Modern Era Lead to the Evolution of Hungarian Family Law and Children's Rights, Emilia Weiss

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    Chapapote: Interdependence and the Liberalization of the Oil Industry in Mexico, Kenneth D. Jensen

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    Children's Rights in the Hungarian Judicial Practice, András Körös

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    Children's Rights in the Hungarian Judicial Practice, András Körös

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    Circuit City Meets the California Labor Commissioner: Does the FAA Preempt Administrative Claims?, Judith S. McIlwee

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    Civil RICO and Anti-Abortion Protest: Must Protestors Profit?: NOW, Inc. v. Scheidler, 968 F.2d 612 (7th Cir. 1992), Karen Beretsky

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    Clara Shortridge Foltz Professorship Acceptance, Barbara Cox

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    Clara Shortridge Foltz Professorship: Barbara J. Cox, Barbara J. Cox and Scott B. Ehrlich, Introduction

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    Clicking and Cringing, Nancy Kim

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    Clinical Jurisprudence: Could Thorough Documentation Have Changed The Outcome Of This Trial?, Joseph S. Sanfilippo, Steven R. Smith, and Shirley M. Pruitt

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    Cold War Civil Rights: The Puerto Rican Dimension, Charles R. Venator-Santiago

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    College Sports and NCAA Enforcement Procedures: Does the NCAA Play Fairly? National Collegiate Athletic Association v. Miller, Kenneth E. James

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    Colloquium Proceedings: Critical Pedagogy, Race/Gender & Intellectual Property, Caroline Joan ("Kay") S. Picart

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    Coming Up: New Foundations in LatCrit Theory, Community, and Praxis, Francisco Valdes

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    Community-University Partnerships: Policy and Legacy, Vivian Reznick, Hilary Hahn, Elizabeth Morris, and Sandra Daley

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    Compassionate Consumerism Within the GATT Regime: Can Belgium's Ban on Seal Product Imports Be Justified Under Article XX?, Robert Galantucci

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    Compensation for Civilians Harmed in the Pursuit of Foreign Policy Goals: Recent Litigation in U.S. Courts, Mark Gibney

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    Competing Legal Cultures and Legal Reform: The Battle of Chile, James Cooper

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    Completing the Picture of Uncertain Patent Scope, Greg Reilly

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    Condominium Assessments in Bankruptcy: The Curious Case of the Vanishing Assessment, Samuel Sherry

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    Conflict in the California Coastal Act: Sand and Seawalls, Todd T. Cardiff

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    Conflicts and the Shifting Landscape Around Same-Sex Relationships, Hillel Y. Levin

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    Conflicts of Interest and Disqualification in Intellectual Property Litigation, Richard E. Flamm and Paul W. Vapnek

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    Confronting the Rights Deficit at Home: Is the Nation Prepared in the Aftermath of Katrina? Confronting the Myth of Efficiency, Maria Isabel Medina

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    Confusion and Contradiction: Untangling Drug Importation and Counterfeit Drugs, Tim Gilbert and Sana Halwani

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    Congress's Primary Role in Determining What Full Faith and Credit Requires: An Additional Argument, Mark D. Rosen

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    Conscientious Objection to Military Service: The European Commission on Human Rights and the Human Rights Committee, Marie-France Major

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    Consistently Wrong: The Single Product Issue and the Tying Claims Against Microsoft, Norman W. Hawker

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    Constitutional Federalism in Latin America, José Ma. Serna de la Garza

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    Constitutional Federalism in Latin America, José Ma. Serna de la Garza

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    Constitutional Privacy in Psychotherapy, Steven R. Smith

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    Constructing Durable Peace: Lessons From Sierra Leone, Emily E. Bartholomew

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    Consuming for the Environment: A Proposal for Carbon Labels in the United States, Stacey R. O'Neill

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    Contents, California Western International Law Journal

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    Contestable Terrain at the Borders: "By the Time I Get to Arizona", Justin Hansford

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    Contested Outcomes: Assessing the Impacts of the Employment Contracts Act, Erling Rasmussen and John Deeks

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    Continuing Evolution of the Costa Rican Judiciary, Michael Knox

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    Contract's Adaptation and the Online Bargain, Nancy Kim

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    Copyright, Containers, and the Court: A Reply to Professor Leaffer, Niels Schaumann

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    Copyright Infringement and Peer-to-Peer Technology, Niels Schaumann

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    Corporate America--Making a Killing: An Analysis of Why it is Appropriate to Hold American Corporations Who Fund Terrorist Organizations Liable for Aiding and Abetting Terrorism, Angela A. Barkin

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    Corporate Interdependence: The Debt and Equity Financing of Japanese Companies, Melissa J. Krasnow

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    Corporate Irresponsibility: A Return to the Back of the Bus, David Culp

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    Corporate Liability for Economic, Social and Cultural Rights Revisited: The Failure of International Cooperation, Daniel Aguirre

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    Corporate Social Responsibility: A Multifaceted Tool to Avoid Alien Tort Claims Act Litigation while Simultaneously Building a Better Business Reputation, Lauren A. Dellinger

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    Creative Problem Solving and the Castro Conundrum, James M. Cooper

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    Creative Problem Solving: Purpose, Meaning, and Values, Thomas D. Barton

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    Creative Problem Solving vs. The Case Method: A Marvelous Adventure in Which Winnie-the-Pooh Meets Mrs. Palsgraf, Janeen Kerper

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    Credit Reporting, Prescreened Lists, and Adverse Action: The Impact of the Fair Credit Reporting Act and the Equal Credit Opportunity Act, Elwin J. Griffith

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    Criminal Appeals in Canada, Richard Funston

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    Criminal Environmental Law: Stopping the Flow of Hazardous Waste to Mexico, Adam L. Moskowitz

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    Criminalizing Race in the Name of Secure Communites, Katarina Ramos

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    Criminal Justice in the Supreme Court: A Review of United States Supreme Court Criminal and Habeas Corpus Decisions (October 4, 1999 - October 1, 2000), Laurence A. Benner, Marshall J. Hartman, Hon. Shelvin R. Singer, and Andrea D. Lyon

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    Criminal Justice in the Supreme Court: A Review of United States Supreme Court Decisions at the Close of the Millennium 1998-1999, Laurence A. Benner; Marshall J. Hartman; and Hon. Shelvin Singer, Ret.

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    Criminal Justice in the Supreme Courts: An Analysis of United States Supreme Court Criminal and Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Laurence A. Benner, Marshall J. Hartman, Hon. Shelvin R. Singer, and Andrea D. Lyon

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    Croatia's New Family Act and its Implications on Marriage and Other Forms of Family Life, Dijana Jakovac-Lozić

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    Croatia's New Family Act and its Implications on Marriage and Other Forms of Family Life, Dijana Jakovac-Lozić

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    Culture Clash: The Influence of Indigenous Cultures on the International Whaling Regime, Anne M. Creason

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    Curial Institutions Under the Employment Contracts Act: 1991 to 1997, T. G. Goddard

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    Deal-Making on French Terms: How France's Legislative Crusade to Purge American Terminology From French Affects Business Transactions, Loretta Nelms-Reyes

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    Deaning's Seven Deadly Sins and Seven Deanly Virtues, Steven R. Smith

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    Debtor's Prison in the Neoliberal State: "Debtfare" and the Cultural Logics of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Linda Coco

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    De-Constitutionalizing Democracy, Joel I. Colón-Ríos

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    Dedication, California Western Law Review

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    Deductions in a Proposed Calculation and Allocation of Distributable Net Income to the Separate Shares of a Trust or Estate, Michael T. Yu

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    Defining Private Life Under the European Convention on Human Rights by Referring to Reasonable Expectations, H. Tomás Gómez-Arostegui

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    Defining "Professional Negligence" After Central Pathology Service Medical Clinic v. Superior Court: Should California's Medical Injury Compensation Reform Act Cover Intentional Torts?, Paul F. Arentz

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    Defining Terms in the 1982 Law of the Sea Convention III: The International Hydrographic Organization ECDIS Glossary, George K. Walker

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    Defining Terms in the 1982 Law of the Sea Convention IV: The Last Round of Definitions Proposed by the International Law Association (American Branch) Law of the Sea Committee, George K. Walker

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    Defining Torture in International Law: A Critique of the Concept Employed by the European Court of Human Rights, Anthony Cullen

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    Definitions for the 1982 Law of the Sea Convention, George K. Walker and John E. Noyes

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    Definitions for the 1982 Law of the Sea Convention--Part II, George K. Walker and John E. Noyes

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    Deliberate Wartime Environmental Damage: New Challenges for International Law, Anthony Leibler

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    Democracy in the Cities: A New Proposal for Chinese Reform, David S. Bloch and Thomas TerBush

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    Democratic Pluralism in the Era of Downsizing, Gary Minda

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    Deputy-Doctors: The Medical Treatment Exception After Davis v. Washington, Elizabeth J. Stevens

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    Designing Problems to Teach Legal Problem Solving, Stephen Nathanson

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    Development of the European Biotechnology Industry, John Ashworth, Ph.D.

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    Diamonds are Forever? Implications of United States Antitrust Statutes on International Trade and the De Beers Diamond Cartel, Dale J. Montpelier

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    Diplomatic Protection of Corporations and Shareholders: Capacity of Government to Espouse Claims of Shareholders of a Foreign Corporation, Preston G. Lutz

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    Direct Democracy, Racial Group Agency, Local Government Law, and Residential Racial Segregation: Some Reflections on Radical and Plural Democracy, Keith Aoki

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    Disabled Newborns and the Federal Child Abuse Amendments: Tenuous Protection, Steven R. Smith

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    Discovery of Non-Parties' Medical Records in the Face of the Physician-Patient Privilege, Scott R. White

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    Discretion in the Enforcement of Child Protection Laws in Mexico, Martha Frias-Armenta and Bruce D. Sales

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    Discussion of a Regional Agreement for Small Cetacean Conservation in the Indian Ocean, Margi Prideaux

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    Dispute Settlement Under the North American Free Trade Agreement: Will the Political, Cultural and Legal Differences Between the United States and Mexico Inhibit the Establishment of Fair Dispute Settlement Procedures?, Sharon D. Fitch

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    Disputing the Dispute Process: Questioning the Fairness of § 1681s-2(A)(8) and § 1681J(A)(1)(A) of the Fair and Accurate Credit Reporting Act, Michael R. Guerrero

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    Diverse Families with Parallel Needs: A Proposal for Same-Sex Immigration Benefits, Brian McGloin

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    Diverse Families with Parallel Needs: A Proposal for Same-Sex Immigration Benefits, Brian McGloin

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    Does Implied Assumption of the Risk Exist in California's Comparative Fault Scheme? The [not so] Definitive Answer of Knight v. Jewett and Ford v. Gouin, Corey Y. Hoffmann

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    Doe v. Poritz: A Constitutional Yield to an Angry Society, Lori N. Sabin

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    DOMA and the Happy Family: A Lesson in Irony, Rhonda Wasserman

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    Domestic Violence and Mediation: A Tragic Combination for Victims in California Family Court, Kerry Loomis

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    Don't Ask, Don't Tell: A Dying Policy on the Precipice, Robert I. Correales

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    Don't Believe Everything You Read: A Review of Modern "Post-Conviction" DNA Testing Statutes, Kathy Swedlow

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    Drowning Policies: A Proposal to Modify the Dublin Agreement and Reduce Human Rights Abuses in the Mediterranean, Nicholas De Blouw

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    Drug Importation and the Hispanic Physician, Rene F. Rodriguez, M.D.

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    Drug Quality, Safety Issues and Threats of Drug Importation, Marv Shepherd, Ph.D.

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    Drug Wholesaling and Importation: Challenges and Opportunities, Robert P. Giacalone, R.Ph., J.D.

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    Dual Mexican-American Nationality: A Vehicle to Investment, Charles A. Peckham

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    Due Process Erosion: The Diminution of Live Testimony at the ICTY, Megan A. Fairlie

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    Due Process Is a Strategic Choice: Legitimacy and the Establishment of an Article III National Security Court, Kevin E. Lunday and Harvey Rishikof

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    Due Process or "Some Process"? Restoring Pate v. Robinson's Guarantee of Adequate Competency Procedures, David W. Beaudreau

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    Earl Warren Professorship: Michal R. Belknap, Michal R. Belknap and Laurence A. Benner, Introduction

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    Economic Consequences of Electricity Deregulation: A Case Study of San Diego Gas & Electric in a Deregulated Electricity Market, Colin Drukker

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    Economic Growth and Inequality in San Diego County: Evidence and Policy Implications, Enrico A. Marcelli

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    E. Donald Shapiro Professorship: Bryan A. Liang, Bryan A. Liang and Edward A. Dauer, Introduction

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    Education and Pedagogy - On Identity and Instructions, Olympia Duhart

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    Elan, Enron, and the Aftermath of Scandal: A Comparative Analysis of Recent Irish and American Corporate Governance Legislation, Manish Gupta

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    Electrified Prison Fencing: A Lethal Blow to the Eighth Amendment, Milo Miller

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    Emerging Issues and Trends in International Arbitration, Kimberley Chen Nobles

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    Employment and Union Issues in New Zealand, 12 Years on, Jane Kelsey

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    Employment Application Fees: A Viable Business Purpose or a Disguised Form of Fraud, T. Dean Moody

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    Employment Law: Courts and Contracts, Richard A. Epstein

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    Encouraging Physician-Attorney Collaboration through More Explicit Professional Standards, Linda Morton, Howard Taras, and Vivian Reznik

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    Ensuring Safe, Effective and Necessary Vaccines for Children, Michael E. Horwin

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    Environmental Management Systems (EMSs) and Regulatory Innovation, Keith Pezzoli

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    Epilogue: Canto Para Latinoamerica, William J. Aceves

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    Epilogue: Canto Para Latinoamerica, William J. Aceves

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    ESSAY: A Call For Jury Patriotism: Why the Jury System Must Be Improved for Californians Called to Serve, Mark A. Behrens and M. Kevin Underhill

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    Essay: Access to Justice 1.1, James M. Cooper

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    ESSAY: A Putrid Pedigree: The Bush Administration's Military Tribunals in Historical Perspective, Michal R. Belknap

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    ESSAY - Bilateral Treaties on the Reciprocal Protection of Foreign Investment, Jose Luis Siqueiros

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    ESSAY: Can Attempted Seizures be Unreasonable?: Applying the Law of Attempt to the Fourth Amendment, Alyssa Saks

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    ESSAY: Come the Revolution: Are We Finally Ready for Universal Health Insurance?, Susan Adler Channick

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    ESSAY: Edgar Lee Masters and the Poetics of Legal Realism, Steven Richman

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    ESSAY: Law Schools Can Solve the "Bar Pass Problem"--"Do the Work!", Christian C. Day

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    ESSAY - NAFTA Institutional Arrangements and Dispute Settlement Procedures, José Luis Siqueiros

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    ESSAY: Organizational Barriers to Creativity in Law Schools and the Legal Profession, Katharine Rosenberry

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    ESSAYS ON CREATIVE PROBLEM SOLVING -- Constitutional Law as Creative Problem Solving: Could the Warren Court Have Ended the Vietnam War?, Michal R. Belknap

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    ESSAY -- The Okinawan Rape Incident and the End of the Cold War in East Asia, Chalmers Johnson

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    ESSAY: Training a New Breed of Lawyer: California Western's Advanced Mediation Program in Juvenile Hall, Floralynn Einesman and Linda Morton

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    ESSAY: Voiceless Billy Budd: Melville's Tribute to the Sixth Amendment, Juan Ramirez Jr. and Amy D. Ronner

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    Establishing Reliability Under California Evidence Code Section 721(B)(3): Why California's Evidentiary Law Could Use More Consistency, Leah Beth Payne

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    Ethical Dilemmas for the Mental Health Professional: Issues Raised by Recent Supreme Court Decisions, David L. Shapiro

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    European Atomic Energy Community (Euratom): The Limits of Supranationalism, Delbert D. Smith

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    Evolving Business and Social Norms and Interpretation Rules, Nancy Kim

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    Expanding Personal Jurisdiction Over Foreign Defendants: A Response to Omni Capital International v. Rudolf Wolff & Co., Holly A. Ellencrig

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    Expanding the Scope of the Principles of the Law of Software Contracts to Include Digital Content, Nancy Kim

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    Expectations Lost: Bank of the West v. Superior Court Places the Fox in Charge of the Henhouse, John L. Romaker and Virgil B. Prieto

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    Exploring the Intersection of Effectiveness & Autonomy in Capital Sentencing, Justin F. Marceau

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    Extradition, Human Rights, and the Death Penalty: When Nations Must Refuse to Extradite a Person Charged With a Capital Crime, Craig R. Roecks

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    Extraordinary Rendition: A Challenge to Canadian and United States Legal Obligations Under the Convention Against Torture, Mario Silva

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    Extraterritorial Antitrust Jurisdiction: Continuing the Confusion in Policy, Law, and Jurisdiction, James S. McNeill

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    Global Injustice, Past and Future: Examples from Arab Uprisings, International Law, and Torture, Gill Gott

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    Human Rights in Administrative Proceedings: A Quest for Appropriate Evidentiary Standards, Emanuel Gross

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    Human Rights in Latin America: History and Projections for the Twenty-First Century, Thomas C. Wright

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    "Human Rights": Would You Recognize One if You Saw One? A Philosophical Hearing of International Rights Talk, Matthew A. Ritter

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    In Memoriam: W. Penn Lerblance, William C. Lynch

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    Mental Health Malpractice in the 1990s, Steven R. Smith

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    Moving Science and Technology Policy Forward: The Role of Congress, Lynne Lawrence

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    Mulholland's Gifts: Further Reflections upon Southern California Water Subsidies and Growth, Steven P. Erie

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    Multinational Corporations and the Realisation of Economic, Social and Cultural Rights, Daniel Aguirre

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    My Brother's Keeper? The Criminalization of Nonfeasance: A Constitutional Analysis of Duty to Report Statutes, Natalie Perrin-Smith Vance

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    NAFTA and the Biotechnology Industry, Eileen McMahon

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    NAFTA, the Chiapas Rebellion, and the Emergence of Mexican Ethnic Law, Jorge A. Vargas

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    New York's "Unfortunate Event" Test: Its Application Prior to the Events of 9/11, Jon A. Baumunk

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    New Zealand Labor Law: A Bibliography of New Zealand Labor Law under the Employment Contracts Act, Lynne Jones, Victor Lipski, Karlene Robinson, and Ann Marie Rotondo

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    New Zealand's Coastal Jurisdiction, William F. Foster

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    No Hablo Inglés: Waivers to the English Language Requirement for Naturalization, Helene C. Colin

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    No Refuge for Iraqi Refugees: How the United States can Improve Its Refugee Resettlement Policies, Thomas E. Hanna

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    NOTE -- United States v. Dickerson: Will It Be the Proverbial Straw That Breaks Miranda's Back?, Patrick E. Sovereign

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    Obesity Discrimination in the Workplace: Protection Through a Perceived Disability Claim Under the Rehabilitation Act and the Americans with Disabilities Act, Karen M. Kramer and Arlene B. Mayerson

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    Obtaining Competent Legal Advice: Challenges for Emergency Managers and Attorneys, William C. Nicholson

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    OPINION OF A SCHOLAR - Hong Kong's Future: The View of a Hong Kong Lawyer, Anthony Neoh

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    Opinion of a Scholar - Idealism and Self-Interest in International Environmental Law: The Rio Dilemma, Ranee K.L. Panjabi

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    Opportunity Lost: How Law School Disappoints Law Students, The Public, and the Legal Profession, Jason M. Dolin

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    Parens Patri[archy]: Adoption, Eugenics, and Same-Sex Couples, Kari E. Hong

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    Parental Alienation Is Open Heart Surgery: It Needs More than a Band-Aid to Fix It, Kathleen Niggemyer

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    Parental Responsibility and State Intervention, Ruth Farrugia

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    Parental Responsibility and State Intervention, Ruth Farrugia

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    Parent-Child Relationship Trumps Biology: California's Definition of Parent in the Context of Same-Sex Relationships, Paula Roach

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    Patching Leaks in the Diversity Pipeline to Law School and the Bar, Charles R. Calleros

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    Pax Arabica?: Provisional Sovereignty and Intervention in the Arab Uprisings, Asli Bâli and Aziz Rana

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    People v. Sanders: Towards a Unified Policy Protecting the Rights of Juveniles, Kurt A. Weiser

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    Physician-Assisted Suicide: Is it Time?, Rena Patel

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    Pieces of the Puzzle: Examining the Problem of Mental Health Coverage for Homeless Children, Justin Keller

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    Piracy 101, James M. Cooper

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    Places of Refuge for Ships, John E. Noyes

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    Pollution of the Great Lakes: A Joint Approach by Canada and the United States, Gibson E. Pratt

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    Powerful States, Customary Law and the Erosion of Human Rights Through Regional Enforcement, Melissa Robbins

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    Prediction of Dangerousness and Washington's Sexually Violent Predator Statute, Marie A. Bochnewich

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    Premises Liability in California: Chilling the Diffusion of Bicycle Motocross, Christopher Powell

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    Preparing for Telco-Cable Cross-Ownership: Are Existing and Proposed Regulatory Safeguards Sufficient to Deter Anti-Competitive Conduct?, Cindie Keegan McMahon

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    Prescription Drug Importation Beyond Canada, Michael Moreno

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    Preserving the Peace: The Continuing Ban on War Between States, Mary Ellen O'Connell

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    Presumption of Guilt: Systemic Factors That Contribute to Ineffective Assistance of Counsel in California, Laurence A. Benner

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    Problem Solving: An Annotated Bibliography, Phyllis C. Marion

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    Review of "The Oceans in the Nuclear Age: Legacies and Risks", John E. Noyes

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    Rights of Custody and Access Under the Hague Child Abduction Convention--"A Questionable Result?", Marilyn Freeman

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    Rights of Custody and Access Under the Hague Child Abduction Convention--"A Questionable Result?", Marilyn Freeman

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    Running a Gauntlet of Sexual Abuse: Sexual Harassment of Female Naval Personnel in the United States Navy, Douglas R. Kay

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    Sailing Close to the Wind: Human Rights Council Fact-Finding in Situations of Armed Conflict -- The Case of Syria, Thilo Marauhn

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    Saving Lives in the International Court of Justice: The Use of Provisional Measures to Protect Human Rights, Alison Duxbury

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    SCHOLARLY OPINION - Japan's Attempt at Internationalization and its Lack of Sensitivity to Minority Issues, Paul Lansing and Tamra Domeyer

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    SCHOLARLY OPINION - Toward Prosecution of Iraqi Crimes Under International Law: Jurisprudential Foundations and Jurisdictional Choices, Louis René Beres

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    SCHOLARLY OPINION: Unintended Consequences: The United States Supreme Court's Mission to Restrict Remedies for State Prisoners Backfires, Andrea D. Lyon

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    Science and Technology Policy: A Scientist's View, Floyd Bloom, M.D.

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    Science Based Standards for the Uniform Global Protection of Intellectual Property: The Case of Logic Functions Expressions, Leah Sherry

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    Scientific Experts: Making Their Testimony More Reliable, Marilee M. Kapsa and Carl B. Meyer

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    Sex on the Internet: A Legal Click or an Illicit Trick?, Matthew Green

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    Shortcuts to Deliberation? How Cues Reshape the Role of Information in Direct Democracy Voting, Michael Binder, Cheryl Boudreau, and Thad Kousser

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    Should Former Government Leaders Be Subject to Prosecution After Their Term in Office? The Case of South African President P.W. Botha, Paul Lansing and Julie King Perry

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    Should Government Sponsored Forcible Abduction Render Jurisdiction Invalid? United States v. Alvarez-Machain, Jonathan E. Katz

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    "Should I Stay or Should I Go?": Preventing Illegal Immigration by Creating Opportunity in Mexico Through Microcredit Lending, Devon Roepcke

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    Should the Law Governing Maritime Areas in the Arctic Adapt to Changing Climatic Circumstances?, Erik Franckx

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    Silencing the Voices of Battered Women: How Arizona's New Anti-Immigration Law "SB1070" Prevents Undocumented Women from Seeking Relief Under the Violence Against Women Act, Ashley Arcidiacono

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    Six Years Hard Labor: Workers and Unions under the Employment Contracts Act, Maxine Gay and Malcolm MacLean

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    Small Business, Telecommunications, and Economic Development: The Need to Lift Regulatory Restrictions on the Sharing and Use of Telecommunications Services, Steve Gorosh

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    Socrates and Langdell in Legal Writing: Is the Socratic Method a Proper Tool for Legal Writing Courses?, Jeffrey D. Jackson

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    Southern Exposure: Managing Sustainable Cruise Ship Tourism in Antarctica, Asia N. Wright

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    Specialized Labor and Employment Law Institutions in New Zealand and the United States, Andrew P. Morriss

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    State Regulation of the Internet: Where Does the Balance of Federalist Power Lie?, William Lee Biddle

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    State Responsibility for Failure to Control the Export of Weapons of Mass Destruction, Paul Rubenstein

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    STATUTORY PROPOSALS -- Law of the Bar: Kingdom of Cambodia (Statutory Underpinnings of the Development of an Independent Bar in Cambodia: Code of Ethics; Internal Regulations), Chin Kim and Jeffrey L. Falt

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    Symposium: Creative Problem Solving Conference -- Conference Transcript Excerpt--Session 1: Envisioning the New Lawyer, Steven R. Smith and Robert Walsh Dean

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    Symposium: Creative Problem Solving Conference -- Conference Transcript Excerpt -- Session 2: Training the Creative Problem Solver, Linda Morton

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    Symposium: Creative Problem Solving Conference -- Conference Transcript Excerpt -- Session 3: Mobilizing Creative Problem Solvers, Janet Bowermaster

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    Symposium: Creative Problem Solving Conference -- Introduction, Steven J. Wedel

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    Symposium: Creative Problem Solving Conference -- Redemptive Lawyering: The First (and Missing) Half of Legal Education and Law Practice, David Dominguez

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    Symposium: Creative Problem Solving Conference -- Stepping Outside the Box: Viewing Your Client in a Whole New Light, Michael L. Perlin

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    Symposium: Creative Problem Solving Conference -- Therapeutic Jurisprudence and the Role of Counsel in Litigation, Bruce Winick

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    Symposium Introduction: Advancing Intellectual Property Goals Through Prevention and Alternative Dispute Resolution, Thomas D. Barton and James M. Cooper

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    SYMPOSIUM - Legal Reform: The Role of Public Institutions and Legal Culture, California Western International Law Journal

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    Table of Contents, California Western Law Review

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    Table of Contents and Boards, California Western Law Review

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    Table of Contents and Boards, California Western Law Review

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    Take the Money and Run: A Case for Benchmarking in the New Markets Tax Credit Program, Meghan Bokath

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    Tax Considerations in Designing Stock Transfer Agreements, Joseph W. Blackburn

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    Teaching Creative Problem Solving: A Paradigmatic Approach, Linda Morton

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    Teaching Teamwork to Law Students, Linda Morton, Janet Weinstein, Howard Taras, and Vivian Reznik

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    The 1995 Private International Law of North Korea, Chin Kim

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    The Aftershock of Haiti's Earthquake: Response Efforts in the Wake of Natural Disasters Perpetuate the Violation of Internally Displaced Persons' Human Rights, Sarah E. Jordan

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    The Application of the Doctrine of Successorship to the Privatization of Government Services, Erin M. Gee

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    The Artistic Voice: Is It in Danger of Being Silenced?, Reneé Linton

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    The Battle of Piracy versus Privacy: How the Recording Industry Association of America (RIAA) Is Using the Digital Millennium Copyright Act (DMCA) As Its Weapon Against Internet Users' Privacy Rights, Jordana Boag

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    The Blogosphere: Past, Present, and Future. Preserving the Unfettered Development of Alternative Journalism, Sunny Woan

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    The Business of Turning Rookies into "Professional" Day-Traders: A Call for Improved Regulation of Day-Trading Training Firms, Sandra Gotlaufa

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    The California Initiative Process at its Centennial, Debra Bowen

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    The Case of the Castle John, or Greenbeard the Pirate?: Environmentalism, Piracy and the Development of International Law, Samuel Pyeatt Menefee

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    The Child Soldiers Prevention Act: How the Act's Inadequacy Leaves the World's Children Vulnerable, Heather L. Carmody

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    The Cinderella of Government: Judicial Reform in Latin America, Luz Estella Nagle

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    The Cinderella of Government: Judicial Reform in Latin America, Luz Estella Nagle

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    The Common Heritage of Mankind: Past, Present, and Future, John E. Noyes

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    The "Common Heritage" of Outer Space: Equal Benefits For Most of Mankind, Daniel A. Porras

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    The Complicated Relationship: A Snapshot of the U.S.-Mexico Border, James Cooper

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    The Constitutionality of California's Proposition 187: An Equal Protection Analysis, Mitchell Kurfis

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    The Constitutional Obligation to Adjudicate Petitions for Same-Sex Divorce and the Dissolution of Civil Unions and Analogous Same-Sex Relationships: Prolegomenon to a Brief, L. Lynn Hogue

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    The Constitution as Idea: Describing--Defining--Deciding in Kelo, Marc L. Roark

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    The Contemporary Legality of Unilateral Humanitarian Intervention, Steve G. Simon

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    The Contingencies of Piracy, Dino Kritsiotis

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    The Dean and the Budget: Not 'Just A Bunch of Damn Numbers', Steven R. Smith

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    The Doctrine of Military Necessity and the Protection of Cultural Property During Armed Conflicts, Craig J.S. Forrest

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    The Duty to Defend in California After Montrose Chemical Corporation v. Superior Court: Is the California Supreme Court Protecting Policyholders or Encouraging Litigation and the Early Settlement of Unworthy Claims?, Paula L. Harrington

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    The Duty to Render Assistance at Sea: Is it Effective or Adrift?, Wilbur Holmes Smith II

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    The Duty to Render Assistance in the Satellite Age, Arthur Alan Severance

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    The Dynamics of Colonialism, Political Division and the Militariat in Sierra Leone and Their Impact on Law and Society, Muanasia Lumeh

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    The Economic Impact of the Employment Contracts Act, Brian Easton

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    The Employment Contracts Act 1991: An Employer History, Anne K. Knowles

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    The Empowerment of the Crime Victim: A Comparative Study of Victim Compensation Schemes in the United States and Australia, Maxine D. Kersh

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    The Essential Flaw in the Globalisation of Capital Markets: Its Impact on Human Rights in Developing Countries, Ross P. Buckley

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    The Establishment Clause and School Vouchers: Private Choice and Proposition 174, Cynthia Bright

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    The Ethical Obligations of Prosecutors in Cases Involving Postconviction Claims of Innocence, Judith A. Goldberg and David M. Siegel

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    The Ethics of Moral Character Determination: An Indeterminate Ethical Reflection upon Bar Admissions, Matthew A. Ritter

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    The Evolution of Latin America's Sexual Harassment Law: A Look at Mini-Skirts and Multinationals in Peru, Sandra Orihuela and Abigail Montjoy

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    The Evolution of Latin America's Sexual Harassment Law: A Look at Mini-Skirts and Multinationals in Peru, Sandra Orihuela and Abigail Montjoy

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    The Evolution of Rights Disputes and Grievance Procedures: A Comparison of New Zealand and the U.S., Chester S. Spell

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    The Exploitation of Legal Loopholes in the Name of National Security: A Case Study on Extraordinary Rendition, Michael V. Sage

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    The Fate of Shareholders of Closely Held Corporations in the Wake of Bily v. Arthur Young, Lori J. Lechner

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    The First Amendment and the Right of Access to Deportation Proceedings, Jonathan L. Hafetz

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    The First Amendment, the Media and the Culture Wars: Eight Important Lessons From 2004 About Speech, Censorship, Science and Public Policy, Clay Calvert

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    The Fourteenth Exception: How the Feres Doctrine Improperly Bars Medical Malpractice Claims of Military Service Members, Nicole Melvani

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    The Freedom of Association in the Employment Contracts Act 1991: What Has it Meant for Trade Unions and the Process of Collective Bargaining in New Zealand?, Anne Boyd

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    The Gendered Aspects of Social Justice Work and Occupational Segregation in the Legal Academy: A Review of 2003, Barbara Cox

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    The Growing Debate on Medical Marijuana: Federal Power vs. States Rights, Alreen Hussein

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    The Guantanamo Gap: Can Foreign Nationals Obtain Redress for Prolonged Arbitrary Detention and Torture Suffered Outside the United States?, Laura N. Pennelle

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    The H'aint in the (School) House: The Interest Convergence Paradigm in State Legislatures and School Finance Reform, Bryan L. Adamson

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    The Heat Is on in Latin America: The Future and Implications of the Colombian Free Trade Agreement, Jennifer Alewelt

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    The Human Rights of Sexual Minorities in Africa, Sebastian Maguire

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    The Hurricane Meets the Paper Chase: Innocence Projects New Emerging Role in Clinical Legal Education, Jan Stiglitz, Justin Brooks, and Tara Shulman

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    The Illusory Rights of Marvin v. Marvin for the Same-Sex Couple versus the Preferable Canadian Alternative--M. v. H., Sharmila Roy Grossman

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    The Impact of New Communication Technologies on International Telecommunication Law and Policy: Cyberspace and the Restructuring of the International Telecommunication Union, Harold M. White, Jr. and Rita Lauria

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    The Impact of New Zealand's Employment Contracts Act on Industrial Relations, Raymond Harbridge and Aaron Crawford

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    The Impact of the 1982 Law of the Sea Convention on the Conduct of Peacetime Naval/Military Operations, Dale G. Stephens

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    The Impact of the New Zealand Employment Contracts Act on Individual Contracting: Measuring Organizational Performance, Clive Gilson and Terry Wagar

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    The Influence of Religion and Morality Legislation on the Interpretation of Second-Parent Adoption Statutes: Are the California Courts Establishing a Religion?, Heather L. Milligan

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    The Institutional Structure of the African Union: A Legal Analysis, Nsongurua J. Udombana

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    The International Crime of Ecocide, Mark Allan Gray

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    The International Impact of Creative Problem Solving: Resolving the Plight of Indigenous Peoples, Rhona K.M. Smith

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    The International Regulation of Financial Conglomerates: A Case-Study of Equivalence as an Approach to Financial Integration, Jorge E. Viñuales

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    The International Standard of Direct and Public Incitement to Commit Genocide: An Obstacle to U.S. Ratification of the International Criminal Court Statute?, Ameer F. Gopalani

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    The Jehovah's Witnesses Case: Testing the 1997 Law "On Freedom of Conscience and Religious Associations" and the Russian Legal Process, Charlotte Wallace

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    The Latina/o Academy of Arts and Sciences: A Political and Epistemic Challenge to the American Academy of Arts and Sciences, Daphne V. Taylor-García

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    The Law of Causation in Actions Involving Third-Party Assaults When the Landowner Negligently Fails to Hire Security Guards: A Critical Examination of Saelzler v. Advanced Group 400, Dennis T. Yokoyama

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    The Law of the Family in Vietnam: Assessing the Marriage and Family Law of Vietnam, Thomas J. Walsh

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    The Legal Phoenix: The Plain Meaning Rule is Dead, Long Live the Rule!, James Fagan

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    The Legal Response to Global Terror, Geoff Hoon

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    The Lender as Unconventional Fiduciary, Niels Schaumann

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    The Lesbian Wife: Same-Sex Marriage as an Expression of Radical and Plural Democracy, Barbara J. Cox

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    The Meaning of Quality, Steven R. Smith

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    The Modern Crusade: An Investigation of the International Conflict Between Church and State, Mark A. Levine

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    The Modes and Tenses of Legal Problem Solving, and What To Do About Them in Legal Education, Thomas D. Barton

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    The Muxes of Juchitán: A Preliminary Look at Transgender Identity and Acceptance, Alfredo Mirandé

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    The New Aspects of Russian Family Law, Maria V. Antokolskaia

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    The New Aspects of Russian Family Law, Maria V. Antokolskaia

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    The New Zealand Employment Contracts Act: Its Enactment, Performance, and Implications, Roger Kerr

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    The Norm of Self-Determination, 1941-1991, Edward A. Laing

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    The North American Agreement on Environmental Protection and the Arctic Council Agreement: Will These Multinational Agreements Adequately Protect the Environment?, Richard J. Ansson, Jr.

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    The North American Free Trade Agreement and Its Legacy on the Resolution of Intellectual Property Disputes, James Cooper

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    The North American Free Trade Agreement and Its Legacy on the Resolution of Intellectual Property Disputes, James M. Cooper

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    The Participation of Unlicensed Advocates in California in the Resolution of Disputes Between Investors and Stockbrokers, John H. L'Estrange, Jr. and William R. Nevitt, Jr.

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    The Perils of Working for a Foreign Government: Foreign Sovereign Immunity and Employment, Richard L. Garnett

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    The Perplexing Problem of Child Modeling Web Sites: Quasi-Child Pornography and Calls for New Legislation, Clay Calvert

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    The Position of the Individual in International Law, Alexander Orakhelashvili

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    The Presumption of Guilt: Systemic Factors that Contribute to Ineffective Assistance of Counsel in California, Laurence A. Benner

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    The Quality Quandary, Edward L. Langston

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    The Significance of Biological Parentage in Yugoslav Family Law, Gordana Kovaček Stanić

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    The Ultimate Hangup on the NLRA: Denial of Section 10(J) Injunctive Relief for La Conexion Familiar, Lysa M. Saltzman and Antonio Salazar-Hobson

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    The Unintended Revolution: U.S. Anti-Drug Policy and the Socialist Movement in Bolivia, Will Reisinger

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    The United States and the Law of the Sea Convention: U.S. Views Concerning the Settlement of International Law Disputes in International Tribunals and U.S. Courts, John E. Noyes

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    The Universal Declaration of Human Rights: Effective Remedies and the Domestic Courts, Judge Edward D. Re

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    The Unproposed Solution to Chapter 11 Reform: Assessing Management Responsibility for Business Failures, Anne M. Burr

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