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Faculty Scholarship

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

Publications from 2007 2007

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

Beyond Romer and Lawrence, Nancy C. Marcus

The Freedom of Intimate Association in the Twenty First Century, Nancy C. Marcus

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

It's the Antigen Stupid, Robert A. Bohrer

Longevity Research and Bioethics, Robert A. Bohrer

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

Ethical Perspectives on New Ethical Dilemmas for Biotechnology, Robert A. Bohrer

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

A Tale of Two Proteins, Robert A. Bohrer

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

Towards a More Balanced Treatment of Bidder and Target Shareholders, Miriam H. Baer

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

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

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

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

LatCrit Praxis to Heal Fractured Communities, Laura M. Padilla

An Artist's Privilege, Niels Schaumann

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

Dangerous Games and the Criminal Law, Daniel B. Yeager

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

Publications from 1996 1996

The Role of the Corporate Attorney within the Takeover Context: Loyalties to Whom?, Miriam H. Baer

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

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

Amicus Curiae Brief to the Supreme Court of Wisconsin in Holtzmann v. Knott on behalf of the National Center for Lesbian Rights, Barbara Cox

Same-Sex Marriage and the Public Policy Exception in Choice-of-Law: Does It Really Exist?, Barbara Cox

Flesh of My Flesh but Not My Heir: Unintended Disinheritance, Laura M. Padilla

Small Business and Copyright Ownership, Niels Schaumann

Field Placement Programs: Practices, Problems and Possibilities, Robert F. Seibel and Linda H. Morton

You Really Have Come a Long Way: An Analysis and Comparison of Role Conflict Experienced by Women Attorneys Today and by Educated Women Twenty Years Ago, Jackie Slotkin

Helping, Doing, and the Grammar of Complicity, Daniel B. Yeager

Searches, Seizures, Confessions, and Some Thoughts on Criminal Procedure: Regulation of Police Investigation -- Legal, Historical, Empirical, and Comparative Materials, Daniel B. Yeager

Publications from 1995 1995

A (Personal) Essay on Same-Sex Marriage, Barbara Cox

"Coming Out": The Practical Battles From Being Visible as a Lesbian, Barbara Cox

Vampires Among Us, Floralynn Einesman

Reflections on Inclusionary Housing and a Renewed Look at its Viability, Laura M. Padilla

An Institutional Commitment to Minorities and Diversity: The Evolution of a Law School Academic Support Program, Jackie Slotkin

Comma Abuse: A Comma Can Cause Trouble by its Absence, its Presence, its Incorrect Placement, Jackie Slotkin

Marlowe's Faustus: Contract as Metaphor?, Daniel B. Yeager

Publications from 1994 1994

"It's a Family Affair", Justin P. Brooks and Kimberly Bahna

Same-Sex Marriage and Choice of Law: If We Marry in Hawaii, Are We Still Married When We Get Home?, Barbara Cox

Categorical and Individualized Rights-Ordering on Federal Habeas Corpus, Daniel B. Yeager

Publications from 1993 1993

Exile on Main Street: Inmate Transfers from Puerto Rico to the Continental United States Violate Due Process, Justin P. Brooks

Creating a Classroom Component for Field Placement Programs: Enhancing Clinical Goals with Feminish Pedagogy, Linda H. Morton

Search, Seizure and the Positive Law: Expectations of Privacy Outside the Fourth Amendment, Daniel B. Yeager

Publications from 1992 1992

Future fall-out from the genetic revolution, Robert A. Bohrer

Addressing Recidivism: Legal Education in Correctional Settings, Justin P. Brooks

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Finding a Suitable Lawyer: Why Consumers Can't Always Get What They Want and What the Legal Profession Should Do About It, Linda H. Morton

The Lender as Unconventional Fiduciary, Niels Schaumann

Publications from 1991 1991

Love Makes a Family--Nothing More, Nothing Less: How the Judicial System Has Refused to Protect Nonlegal Parents in Alternative Families, Barbara Cox

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

Publications from 1990 1990

Refocusing Abortion Jurisprudence to Include the Woman: A Response to Bopp and Coleson and Webster v. Reproductive Health Services, Barbara Cox

Getting Dorothy out of Kansas: The Importance of an Advanced Component to Legal Writing Programs, Barbara Cox and Mary Barnard Ray

Rethinking Custodial Interrogation, Daniel B. Yeager

Publications from 1989 1989

Choosing One's Family: Can the Legal System Address the Breadth of Women's Choices of Intimate Relationships, Barbara Cox