Law journal articles, and other scholarship by the faculty of California Western School of Law

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Publications from 2015

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Two Stories About Skin Color and International Human Rights Advocacy, William J. Aceves

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United States v. George Tenet: A Federal Indictment for Torture, William J. Aceves

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Flexibility and Stability in Contracts, Thomas D. Barton, Helena Haapio, and Tatiana Borisova

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The ACA, Provider Mergers and Hospital Pricing: Experimenting with Smart, Lower-Cost Health Insurance Options, Susan A. Channick

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From One Town's 'Alternative Families' Ordinance to Marriage Equality Nationwide, Barbara Cox

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The Parts Are Greater Than the Sum: What I Learned From My Mediation Clinic Students, Floralynn Einesman

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Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent, Nancy Kim and D.A. Jeremy Telman

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Comparative Jury Procedures, Kenneth S. Klein

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Promoting Contract Flexibility through Trademarks: "Branded" Intellectual Property Licensing Practices, Nari Lee and Thomas D. Barton

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Teamwork, Linda H. Morton and Janet Weinstein

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Linking Patent Reform and Civil Litigation Reform, Greg Reilly

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Law School Based Incubators and Access to Justice, Patricia Salkin, Ellen Suni, Niels Schaumann, and Mary Lu Bilek

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Dietary Supplements are Not all Safe and Not all Food: How the Low Cost of Dietary Supplements Preys on the Consumer, Joanna K. Sax

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Fair Use and Appropriation Art, Niels Schaumann

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Policing Sex: The Colonial, Apartheid, and New Democracy Policing of Sex Work in South Africa, I. India Thusi

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Collaboration and Teamwork, Janet Weinstein and Linda H. Morton

Publications from 2014

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It's Complicated: Age, Gender, and Lifetime Discrimination against Working Women - the United States and the U.K. as Examples, Susan Bisom-Rapp and Malcolm Sargeant

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Expanding the Pathways to Gender Equality in the Legal Profession, Hannah Brenner

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Reflective practice in legal education: The stages of reflection, Timothy Casey

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Marriage Equality is Both Feminist and Progressive, Barbara Cox

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In Defense of Snooping Employers, Jessica Fink

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Boilerplate and Consent, Nancy Kim

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Situational Duress and the Aberrance of Electronic Contracts, Nancy Kim

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Two Alternate Visions of Contract Law in 2025, Nancy Kim

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Wrap Contract Morass, Nancy Kim

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Aggregating Defendants, Greg Reilly

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Completing the Picture of Uncertain Patent Scope, Greg Reilly

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Judicial Capacities and Patent Claim Construction: An Ordinary Reader Standard, Greg Reilly

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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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The Separation of Politics and Science, Joanna K. Sax

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The Supreme Court 2013-2014: The Happiest Term?, Steven R. Smith

Publications from 2013

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Visualization: Seeing Contracts for What They Are, and What They Could Become, Thomas Barton, Gerlinde Berger-Walliser, and Helena Haapio

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Why Dennis?, Michal R. Belknap

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Beyond Seduction: Lessons Learned About Rape, Politics, and Power from Dominique Strauss-Kahn and Moshe Katsav, Hannah Brenner

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Transcending the Criminal Law's "One Size Fits All" Response to Domestic Violence, Hannah Brenner

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Health Care Cost Containment: No Longer an Option but a Mandate, Susan A. Channick

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“The Tyranny of the Majority is No Myth”: Its Dangers for Legally Married Same-Sex Couples, Barbara Cox

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How not to be jaded when the world is going to the bad place in a hand basket, Kathryn Fehrman

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It started with a cat fight; a story and a call to grow out of the Arab-Israeli conflict, Kathryn Fehrman

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Carnival Cruise and the contracting of everything, Nancy Kim

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The Enduring Quality of an Alluring Mistake: Why One Person’s Intentions Cannot—And Never Could—Be Evidence of Another Person’s Conduct, Kenneth S. Klein

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Why Federal Rule of Evidence 403 is Unconstitutional, and Why That Matters, Kenneth S. Klein

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

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Innovating Contract Practices: Merging Contract Design with Information Design, Stefania Passera, Helena Haapio, and Thomas D. Barton

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Improvidently Granted: Why the En Banc Federal Circuit Chose the Wrong Claim Construction Issue, Greg Reilly

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The Tobacco Diaries: Lessons Learned and Applied to Regulation of Dietary Supplements, Joanna K. Sax

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Consideration for a Price: Using the Contract Price to Interpret Ambiguous Contract Terms, Donald J. Smythe

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Legal Education at a Crossroads: Innovation, Integration, and Pluralism Required!, Karen Tokarz, Antoinette Sedillo Lopez, Peggy Maisel, and Robert F. Seibel

Publications from 2012

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

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Social-Network Theory and the Diffusion of the Search-and-Seizure Exclusionary Rule Among State Courts Between Weeks and Wolf, Laurence A. Benner, Robert Bird, and Donald J. Smythe

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The International Labour Organization and International Labor Standards, Roger Blanpain, Susan Bisom-Rapp, William R. Corbett, Hilary K. Josephs, and Michael J. Zimmer

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Rethinking Gender Equality in the Legal Profession's Pipeline to Power: A Study on Media Coverage of Supreme Court Nominees (Phase 1, the Introduction Week), Hannah Brenner and Renee Newman Knake

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Redinocente: The Challenge of Bringing Innocence Work to Latin America, Justin Brooks

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Find the Cost of Freedom: The State of Wrongful Conviction Compensation Statutes Across the Country and the Strange Legal Odyssey of Timothy Atkins, Justin Brooks and Alexander Simpson

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Taming the Beast of Health Care Costs: Why Medicare Reform Alone is Not Enough, Susan A. Channick

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

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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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Luddite levity and summertime musing, Kathryn Fehrman

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Making Lawyers out of Law Students: Shifting the Locus of Authority, Kathryn Fehrman and Tim Casey

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Protected by Association? The Supreme Court’s Incomplete Approach to Defining the Scope of the Third-Party Retaliation Doctrine, Jessica Fink

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The Coordination Conundrum, Catherine A. Hardee

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Website Design and Liability, Nancy Kim

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

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

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Application of Default Rules to Address Financial Conflicts of Interest in Academic Medical Centers, Joanna K. Sax

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Financial Conflicts of Interest in Science, Joanna K. Sax

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

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Financing the Future of Legal Education: "Not What It Used to Be", Steven R. Smith

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North American Border Wars: The Role of Canadian and American Scholarship in U.S. Labor Law Reform Debates, Michael J. Zimmer and Susan Bisom-Rapp

Publications from 2011

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Decent Work, Older Workers, and Vulnerability in the Economic Recession: A Comparative Study of Australia, the United Kingdom, and the United States, Susan Bisom-Rapp, Andrew Frazer, and Malcolm Sargeant

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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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The Vulnerabilities of the Patient Protection and Affordable Care Act and the Tragedy of Repeal, Susan A. Channick

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The Third Rail of U.S. Politics: The Current Immigration Debate in the United States, James Cooper and Yvette Lopez

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The Categorical Approach for Crimes Involving Moral Turpitude After Silva-Trevino, Pooja R. Dadhania

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The Supreme Court’s Open-Ended Protection Against Third-Party Retaliation Doctrine, Jessica Fink

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Linguistic Colonialism: Law, Independence, and Language Rights in Puerto Rico, Andrea Freeman

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Contract's Adaptation and the Online Bargain, Nancy Kim

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When Enough Is Not Enough: Correcting Market Inefficiencies In The Purchase And Sale Of Residential Property Insurance, Kenneth S. Klein

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William Howard Taft and the Taft Arbitration Treaties, John E. Noyes

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Evaluation of academic scientists’ responses to situations that pose a conflict of interest, Joanna K. Sax

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Protecting Scientific Integrity: The Commercial Speech Doctrine Applied to Industry Publications, Joanna K. Sax

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More D (Deliberation) for California’s DD (Direct Democracy): Enhancing Voter Understanding and Promoting Deliberation Through Streamlined Notice-and-Comment Procedures, Glenn Smith

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Legislative Reform of California’s Direct Democracy: A Field Guide to Recent Efforts, Glenn C. Smith

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Mental Health and Medical Rights: The Supreme Court of the United States in 2010-2011, Steven R. Smith

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The Rise of the Corporation, the Birth of Public Relations, and the Foundations of Modern Political Economy, Donald J. Smythe

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The Road to Nowhere: Caterpillar v. Usinor and CISG Claims by Downstream Buyers Against Remote Sellers, Donald J. Smythe

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A Summary and Analysis of Warrantless Arrest Statutes for Domestic Violence in the United States, April Zeoli, Alexis Norris, and Hannah Brenner

Publications from 2010

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Litigating the Arab-Israeli Conflict in U.S. Courts: Critiquing the Lawfare Critique, William J. Aceves

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The California Public Defender: Its Origins, Evolution and Decline, Laurence A. Benner

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Will Americans Embrace Single-Payer Health Insurance: The Intractable Barriers of Inertia, Free Market and Culture, Susan A. Channick

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

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Why Appellate Courts Have Rejected the Argument that the Defense of Marriage Act Trumps the Parental Kidnapping Prevention Act, Barbara Cox

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"And I Don't Know Why it is That You Threw Your Life Away": Abolishing Life Without Parole, The Supreme Court in Graham v. Florida Now Requires States to Give Juveniles Hope for a Second Chance, Leslie Culver

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Drug Testing Students in California – Does it Violate the State Constitution?, Floralynn Einesman

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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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Resistance, “Revolution,” and Reassessment 1981 - 1997, Richard J. Finkmoore

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Foundations: The Public Domain and Natural Resources Law 1785 - 1960, Richard J. Finkmoore

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Transborder Licensing: A New Frontier for Job Creation, Andrea L. Johnson

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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