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Faculty Scholarship

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

Publications from 2010 2010

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

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

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

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

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

Reasonable Expectations in Socio-Cultural Context, Nancy Kim

Following the Money – the Chaotic Kerfuffle Over Residential Insurance Proceeds that Simultaneously are the Only Rebuild Funds and the Only Mortgage Collateral, Kenneth S. Klein

In Discretion: The consequences of Twombly and Iqbal, Kenneth S. Klein

Is Ashcroft v. Iqbal the Death (Finally) of the “Historical Test” for Interpreting the Seventh Amendment?, Kenneth S. Klein

Removing the Blindfold and Tipping the Scales: The Unintended Lesson of Ashcroft v. Iqbal is that Frivolous Lawsuits may be Important to Our Nation, Kenneth S. Klein

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

Teaching Interdisciplinary Collaboration: Theory, Practice, and Assessment, Linda Morton, Howard Taras, and Vivian Reznik

Access to Prescription Drugs: A Normative Economic Approach to Pharmacist Conscience Clause Legislation, Joanna K. Sax

Life, Death, or Miranda: The Supreme Court Term 2009-2010, Steven R. Smith

View from the Trenches: The Struggle to Free William Richards, Jan Stiglitz

Publications from 2009 2009

Roger J. Traynor Professorship: John E. Noyes, William J. Aceves

The Life Cycle of Immigration: A Tale of Two Migrants, William J. Aceves, James M. Cooper, Alejandro Gonzalez, and Pedro Egana Marshall

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

What We Learn in Troubled Times: Deregulation and Safe Work in the New Economy, Susan Bisom-Rapp

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

Clara Shortridge Foltz Professorship Acceptance, Barbara Cox

Bargaining Power and Background Law, Nancy Kim

Website Proprietorship and Online Harassment, Nancy Kim

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

Judicial and Arbitral Proceedings and the Outer Limits of the Continental Shelf, John E. Noyes

Justice Roger Traynor Professorship Acceptance, John E. Noyes

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

From Expert Witnesses to ‘Fleeting Expletives’: The Supreme Court 2008-2009, Steven R. Smith

Interactive Group Learning in the Legal Writing Classroom: An International Primer on Student Collaboration and Cooperation in Large Classrooms, Roberta K. Thyfault and Kathryn Fehrman

Publications from 2008 2008

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

Proyecto ACCESO: The Use of Popular Culture to Build the Rule of Law in Latin America, James Cooper

“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 Cox

Unintended Consequences: How Antidiscrimination Litigation Increases Group Bias in Employer-Defendants, Jessica Fink

Imposing Tort Liability on Websites for Cyber Harassment, Nancy Kim

Internet Challenges to Business Innovation, Nancy Kim

Mistakes, Changed Circumstances and Intent, Nancy Kim

The Software Licensing Dilemma, Nancy Kim

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

Louis B. Sohn and the Law of the Sea, John E. Noyes

Places of Refuge for Ships, John E. Noyes

Rabenmutter and the Glass Ceiling: An Analysis of Role Conflict Experienced by Women Lawyers in Germany as Compared with Women Lawyers in the United States, Jacquelyn H. Slotkin

Gresham’s Law in Legal Education, Steven R. Smith

The Supreme Court 2007-2008: Competency, Gun Control, and Capital Punishment, Steven R. Smith

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

Publications from 2007 2007

Three Modes of Legal Problem Solving–and What to Do About Them in Legal Education, Thomas D. Barton

Drug Testing of Students: A Legal and Public Health Perspective, Floralynn Einesman

Clicking and Cringing, Nancy Kim

U.S. Policy and the United Nations Convention on the Law of the Sea, John E. Noyes

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

Reforming FDA Policy for Pediatric Testing: Challenges and Changes in the Wake of Studies Using Antidepressant Drugs, Joanna K. Sax

Solving the ‘Initiatory Construction’ Puzzle (and Improving Direct Democracy) by Appropriate Refocusing on Sponsor Intent, Glenn Smith

Limiting Execution of the Mentally Ill: Highlights of the 2006-2007 Term of the Supreme Court, Steven R. Smith

Interdisciplinary Problem Solving Courses as a Context for Nurturing Intrinsic Values, Janet Weinstein and Linda Morton

Publications from 2006 2006

The Orthodoxy of Format: Some Sketches on Legal Scholarship, William Aceves, James Cooper, Alejandro Gonzalez, and Pedro Egana Marshall

AALS as Creative Problem Solver: Implementing Bylaw 6-4(a) to Prohibit Discrimination on the Basis of Sexual Orientation in Legal Education, Barbara Cox

Blameworthiness, Intent and Cultural Dissonance, Nancy Kim

Martha Graham, Professor Miller and the Work for HIre Doctrine, Nancy Kim

The States "Race" with the Federal Government for Stem Cell Research, Joanna K. Sax

Legal Perspectives: The New Supreme Court, Steven R. Smith

Publications from 2005 2005

Evolving Business and Social Norms and Interpretation Rules, Nancy Kim

A New Approach to Health Care ADR: Training Law Students to be Problem Solvers in the Health Care Context, Linda H. Morton

Submissions from 2004 2004

TRANSCRIPT: Doing Business in the Middle East: A Guide for U.S. Companies, William Aceves, John Hooman Donboli, Ali Gheissari, and Alidad Vakili

Exceeding Our Boundaries: Transnational Employment Law Practice and the Export of American Lawyering Styles to the Global Worksite, Susan Bisom-Rapp

Using an “Incidents of Marriage” Analysis When Considering Interstate Recognition of Same-Sex Couples’ Marriages, Civil Unions, and Domestic Partnerships, Barbara Cox

Balancing Acts: The Rights of Women and Cultural Minorities in Kenyan Marital Law, Catherine A. Hardee

Copyright Class War, Niels Schaumann

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

The Sarbanes-Oxley Act: A Bird's-Eye View, Niels Schaumann

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

Overcoming Hiddenness: The Role of Intentions in Fourth Amendment Analysis, Daniel B. Yeager

Publications from 2003 2003

Adoptions by Lesbian and Gay Parents Must Be Recognized by Sister States under the Full Faith and Credit Clause Despite Anti-Marriage Statutes That Discriminate Against Same-Sex Couples, Barbara Cox

The Meaning of Quality, Steven R. Smith

Stuck in a Rut: The Role of Creative Thinking in Problem Solving and Legal Education, Janet Weinstein and Linda H. Morton

Stubbornness of Pretexts, Daniel B. Yeager

Publications from 2002 2002

Browse-Wraps, Click-Wraps and Cyber Law, Our Shrinking (Wrap) World, Michael Dessent

Digital Handshakes in Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

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

Gendered Shades of Property: A Status Check on Gender, Race & Property, Laura M. Padilla

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

Should I Have Learned to Cook? Interviews with Women Lawyers Juggling Multiple Roles, Jackie Slotkin

Publications from 2001 2001

An Ounce of Prevention is a Poor Substitute for a Pound of Cure: Confronting the Developing Jurisprudence of Education and Prevention in Employment Discrimination Law, Susan Bisom-Rapp

The Effects of Mediation in a Juvenile Incarceration Facility: Reduction of Violence Through Transformation, Linda H. Morton and Floralynn Einesman

"But You're Not a Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla

Re/Forming and Influencing Public Policy, Law and Religion: Missing From the Table, Laura M. Padilla

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

Publications from 2000 2000

But Why Not Marriage: Some Thoughts on Vermont’s Civil Unions Law, Same-Sex Marriage, and Separate But (Un)Equal, Barbara Cox

“The Little Project:” From Alternative Families to Domestic Partnerships to Same-Sex Marriage, Barbara Cox

Weapons to Fight Insider Trading in the 21st Century: A Call for the Repeal of Section 16(b), Michael H. Dessent

Latinas and Religion: Subordination or State of Grace?, Laura M. Padilla

Publications from 1999 1999

Bulletproofing the Workplace: Symbol and Substance in Employment Discrimination Law Practice, Susan Bisom-Rapp

Confessions and Culture: The Interaction of Miranda and Diversity, Floralynn Einesman

Not Quite Grown Up: The Difficulty of Applying an Adult Education Model to Legal Externs, Linda H. Morton, Janet Weinstein, and Mark Weinstein

Social and Legal Repercussions of Latinos' Colonized Mentality, Laura M. Padilla

Publications from 1998 1998

Confessions of a Commentator: Recognizing One’s Own Exclusion of Race and Ethnicity from Sexual Orientation Scholarship, Barbara Cox

Joe Six-Pack, U.S. v. O'Hagan, and Private Securities Litigation Reform: A Line Must be Drawn, Michael H. Dessent

Teaching Creative Problem Solving: A Paradigmatic Approach, Linda H. Morton

Single-Parent Latinas on the Margin: Seeking a Room with a View, Meals, and Built-in Community, Laura M. Padilla

Kahan on Mistakes, Daniel B. Yeager

Publications from 1997 1997

Will Boys Just Be Boyz N the Hood? African-American Directors Portray a Crumbling Justice System in Urban America, Justin P. Brooks

Are Same-Sex Marriage Statutes the New Anti-Gay Initiatives?, Barbara Cox