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

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Publications from 2010

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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

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

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

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

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

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

Publications from 2009

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

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

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

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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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Clara Shortridge Foltz Professorship Acceptance, Barbara Cox

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Bargaining Power and Background Law, Nancy Kim

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Website Proprietorship and Online Harassment, Nancy Kim

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

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

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Justice Roger Traynor Professorship Acceptance, John E. Noyes

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

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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

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

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

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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 Cox

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

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Imposing Tort Liability on Websites for Cyber Harassment, Nancy Kim

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Internet Challenges to Business Innovation, Nancy Kim

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Mistakes, Changed Circumstances and Intent, Nancy Kim

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The Software Licensing Dilemma, Nancy Kim

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

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

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Places of Refuge for Ships, John E. Noyes

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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

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

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

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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

Publications from 2007

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

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

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Clicking and Cringing, Nancy Kim

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

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

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

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

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

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

Publications from 2006

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

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Blameworthiness, Intent and Cultural Dissonance, Nancy Kim

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

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

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

Publications from 2005

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Evolving Business and Social Norms and Interpretation Rules, Nancy Kim

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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

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

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

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

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

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Copyright Class War, Niels Schaumann

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

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

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

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

Publications from 2003

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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

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The Meaning of Quality, Steven R. Smith

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

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Stubbornness of Pretexts, Daniel B. Yeager

Publications from 2002

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

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

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

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

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

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

Publications from 2001

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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

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

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

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

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

Publications from 2000

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

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

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

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

Publications from 1999

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

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

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

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

Publications from 1998

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

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

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

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

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Kahan on Mistakes, Daniel B. Yeager

Publications from 1997

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

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

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Coalescing Communities, Discourses and Practices: Synergies in the Anti-Subordination Project, Barbara Cox

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

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Intersectionality and Positionality: Situating Women of Color in the Affirmative Action Dialogue, Laura M. Padilla

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LatCrit Praxis to Heal Fractured Communities, Laura M. Padilla

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An Artist's Privilege, Niels Schaumann

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From Law and Bananas to Real Law: A Celebration of Scholarship in Mental Health Law, Steven R. Smith

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Dangerous Games and the Criminal Law, Daniel B. Yeager

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Does Privacy Really Have a Problem in the Law of Criminal Procedure?, Daniel B. Yeager

Publications from 1996

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How Can We Sleep While the Beds are Burning? The Tumultuous Prison Culture of Attica Flourishes in American Prisons Twenty-Five Years Later, Justin P. Brooks

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Dire Wolf Collects his Due While the Boys Sit by the Fire: Why Michigan Cannot Afford to Buy into the Death Penalty, Justin P. Brooks and Jeanne Huey Erickson