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Charles Kelso

Charles Kelso
Title: Professor of Law
Education: A.B., J.D., University of Chicago, LL.M., J.S.D., Columbia University, LL.D., John Marshall

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Scholarship

Faculty Scholarship

Scholarship is a core priority for the Pacific McGeorge faculty. Among their scholarly pursuits, Pacific McGeorge faculty develop and present at scholarly symposia and conferences, author books for the legal profession, students, and the general public, and produce scholarship for top journals around the country and the world.

Recent Publications

  • Omar Dajani's article, "Contractualism in the Law of Treaties," has been published in the Michigan Journal of International Law, 34 Mich. J. Int'l L. 1 (2012).
  • John Myers' short article, "Child Neglect and American Law, appears in World Perspectives on Child Abuse , Howard Dubowitz, ed., (10th ed. 2012), a publication of The International Society for the Prevention of Child Abuse and Neglect.
  • Francis J. Mootz III's article, "Law Among the Sight Lovers," has been published in a symposium issue of the New York Law School Law Review, 57 N.Y.L. Sch. L. Rev. 61 (2012-2013).
  • Cary Bricker and Michael Vitiello's article, "Chinese Homicide Law, Irrationality and Incremental Change," has been accepted for publication in the December 2012 issue of the Temple International & Comparative Law Journal.
  • John E.B. Myers' book, California Criminal Law, Cases and Materials, was published by Thomson/West in October 2012.
  • J. Clark Kelso's article, "California Supreme Court: Defining the Boundaries," was published in the California Bar Journal in September 2012.
  • Stephen McCaffrey's chapter "International Watercourses," was included in the Max Planck Encyclopedia of Public International Law, by Oxford press in 2012. The chapter is available at http://www.mpepil.com/
  • Michael Malloy's article, "Stressing Out: New Guidance on Stress Testing for Large Banking Organizations," was published in the August 2012 issue of Aspen's peer-reviewed Banking & Financial Services Policy Report. 31 No. 8 Banking & Fin. Services Pol'y Rep 1. (2012).
  • Linda Carter's article, "Torture and the War on Terror: The Need for Consistent Definitions and Legal Remedies" was published in the August 2012 issue of the Journal of National Security Law and Policy. 6 J. Nat'l Security L. & Pol'y 291 (2012). The article is available on SSRN at: http://ssrn.com/abstract=1807306
  • Thomas J. Leach's supplement to the fourth edition of California Evidentiary Foundations, was published by LexisNexis in August 2012. His co-author was Edward J. Imwinkleried of the UC Davis School of Law.
  • Michael Malloy's articles, "The International Financial Crisis and Nation-Based "Prudential Regulation," and "Zone Defence: The Euro Zone and the Crisis in Financial Services Markets" were published in the July 2012 issue of the Athens Institute for Education and Research. The editors were David A. Frenkel and Carsten Gerner-Beuerle of the Athens Institute for Education and Research.
  • Fred Galves' book "Evidence: A Contemporary Approach," was published in its second edition by West in May 2012. His co-authors were Sydney A. Beckman of Lincoln Memorial University Duncan School of Law and Susan Crump of the South Texas College of Law.
  • Franklin A Gevurtz's article, "The Role of Corporate Law in Preventing a Financial Crisis: Reflections on in re Citigroup Inc., Shareholder Derivative Litigation" appeared in the book, "Corporate Governance After the Financial Crisis," which was published by Edward Elgar Publishing in May 2012. The editors were P.M. Vasudev of the University of Ottawa and Susan Watson of The University of Auckland Business School. The article is available on SSRN at: http://ssrn.com/abstract=1544927
  • Christine Manolakas' article, "The Exit Tax: A Move in the Right Direction" was published in the April 2012 issue of the William & Mary Business Law Review. Her co-author was William L. Dentino. 3 Wm. & Mary Bus. L. Rev. 341 (2012). The article is available on SSRN at: http://ssrn.com/abstract=2055837
  • Dean Francis J. Mootz III's symposium article "The 'Ethical' Surplus of the War on Illegal Immigration" was published in the April 2012 issue of the Journal of Gender, Race, and Justice. 15 J. Gender Race & Just. 257 (2012). The article is available on SSRN at: http://ssrn.com/abstract=2042688
  • Linda Carter's book, Understanding Capital Punishment Law was published in its third edition by LexisNexis in April 2012. Her co-authors were Ellen Kreitzberg of Santa Clara Law School and Scott Howe of Chapman University School of Law.
  • Raymond Coletta and John Sprankling's textbook, Property: A Contemporary Approach and the Teacher's Manual for that text were both published in their second edition in April 2012 by West.
  • Emily Garcia-Uhrig's article, "The Sacrifice of Unarmed Prisoners to Gladiators: The Post-AEDPA Access-to-the-Courts Demand for Right to Counsel in Federal Habeas Corpus Proceedings," was published in the April 2012 issue of the University of Pennsylvania Journal of Constitutional Law. 14 U. Pa. J. Const. L. 1219 (2012). The article is available on SSRN at: http://ssrn.com/abstract=1927395
  • John E.B. Myers' article, "Nobody's Perfect — Partial Disagreement with Herman, Faust, Bridges, and Ahern," was published in the March 2012 issue of the Journal of Child Sexual Abuse. 21 J. Child Sexual Abuse 203 (2012).
  • Michael Colatrella Jr.'s article, "A Lawyer for All Seasons: The Lawyer as Conflict Manager," was published in the February-March 2012 issue of the San Diego Law Review. 49 San Diego L. Rev. 93 (2012). The article is available on SSRN at: http://ssrn.com/abstract=1926455
  • Julie Davies and Anne Bloom's book review of The Measure of Injury: Race, Gender, and the Law, by Martha Chamallas and Jennifer B. Wriggins, was published in the February 2012 issue of the Journal of Legal Education. 61 J. Legal Educ. 495 (2012). The article is available on SSRN at: http://ssrn.com/abstract=1926455
  • Fred Galves' chapter, "Teaching Litigation Technology," was included in the e-book Educating the Digital Lawyer, published by Matthew Bender in Februrary 2012. The editors were Oliver Goodenough of Vermont Law School and Marc Lauritsen of Harvard Law School.
  • Leslie Jacobs' article, "The Conversation: 'Tax' Is Crucial Health Care Detail" was published in The Sacramento Bee on Februrary 26, 2012. The article is available on the Sacramento Bee's website here: http://www.sacbee.com/2012/02/26/4289289/tax-is-crucial-health-care-detail.html
  • Amy Landers' book review of Robert P Merges' Justifying Intellectual Property was published in the February 2012 issue of The IP Law Book Review. 2 IP Law Book Rev. 53 (2012). Her review is available on SSRN at: http://ssrn.com/abstract=2010199
  • Brian Landsberg's article, "California's Affirmative Action Ban in the Ninth Circuit," was published on the Jurist Forum in February 2012. The article is available on the Jurist website here: http://jurist.org/forum/2012/02/brian-landsberg-affirmative-action.php
  • Anne Bloom's symposium article, "Speaking 'Truth' to BioPower," was published in the Southwestern Law Review in January 2012. 41 Sw. L. Rev. 241 (2012). The article is available on SSRN at: http://ssrn.com/abstract=2026635
  • Emily Garcia-Uhrig and Thomas J. Leach's book, Federal and California Evidence Rules: Printed on Facing Pages with Notes, Comments, Selected Legislative History and Comparative Commentary, was published by Wolters Kluwers in January 2012. Their co-author was David W. Miller.
  • Anne Bloom's article, "Blindsight: How We See Disabilities in Tort Litigation," was published in the December 2011 issue of the Her co-author was Paul Steven Miller of the University of Washington School of Law. Washington Law Review. 86 Wash. L. Rev. 709 (2011). The article is available on SSRN at: http://ssrn.com/abstract=1971406
  • Michael Malloy's article, "Housing Market Deterioration in the Wake of the U.S. Subprime Mortgage Market Meltdown: Disturbing Metrics Point to Linkage Between Housing Policy and Financial Services Policy," was published by the United Nations Economic Commission for Europe's newsletter Vital Spaces in November 2011.
  • Franklin A. Gevurtz's article, "The Globalization of Corporate Law: The End of History or a Never-ending Story?" was published in the October 2011 issue of the Washington Law Review. 86 Wash. L. Rev. 475 (2012). The article is available on SSRN at: http://ssrn.com/abstract=2026610
  • J. Clark Kelso's article, "California Supreme Court: Focused On the Familiar," was published in the September 2011 issue of the California Bar Journal.
  • Michael Malloy's book, Banking Law and Regulation, was published in its second edition by Aspen in September 2011.
  • Stephen McCaffrey's article, "The International Law Commission's Flawed Draft Articles on the Law of Transboundary Aquifers: The Way Forward," was published in the September 2011 issue of Water International. 36 Water Int'l 566 (2012). The article is available on SSRN at: http://ssrn.com/abstract=1114988
  • Michael Malloy's book, Banking and Financial Services Law: Cases, Materials, and Problems, was published in its third edition by Carolina in August 2011.
  • Dean Francis J. Mootz III's article, "Right Rhetoric: What Lawyers May Learn from the Study of Rhetoric" was published by the Free University of Brussels in August 2011. The article is available on SSRN at: http://ssrn.com/abstract=1912885
  • Dean Francis J. Mootz III's article, "The Rhetorical and Hermeneutical Nature of Law," was published in the August 2011 issue of the Journal of Catholic Social Thought. The article is available on SSRN at: http://ssrn.com/abstract=1912899

Works in Progress 2012-2013

Enrichment Series

From formal presentations, informal brown bag lunches, and faculty/student activities, the weekly on-campus events hosted through the Enrichment Speakers Series provide an ideal forum for the exchange of ideas for the betterment of law faculty as colleagues working together, as scholars from law schools across the nation and world sharing abstracts of in-progress research, and as teachers who can share a wellspring of emerging ideas and perspectives in the classroom.

2013

  • Laurel S. Terry, the Harvey A. Feldman Distinguished Faculty Scholar and Professor of Law at the Penn State Dickinson School of Law, spoke on "Global Trends in Lawyer Regulation" at a faculty colloquium on Jan. 10, 2013.
  • Stephen Ross, the Lewis H. Vovakis Distinguished Faculty Scholar and Professor of Law at Penn State Dickinson School of Law, spoke on "An Outsider's Perspective on Canadian Originalism" at a faculty colloquium on Jan. 31, 2013.
  • David Vladek, Director, Bureau of Consumer Protection, Federal Trade Commission; Georgetown Law Center, Feb. 20.
  • Shauhin Talesh, UC Irvine Law School. April 11, "Legislatures and the Puzzle of Institutional Change and Stability: An Institutional-Political Analysis of How Private Organizations Influence the Form and Content of Social Reform Legislation."

2012

  • Associate Justice Anthony M. Kennedy taught a Constitutional Law class.
  • David Arkush, a scholar-practitioner from Washington, D.C., spoke about his article in the George Washington Law Review, "Direct Republicanism in the Administrative Process."
  • Professor Barbara Pozzo from University of Insubria presented "Changing the Scope, Range and Methodology of Comparative Law" as part of the Pacific McGeorge International Jurist Series.
  • Professor Günter Herzig from the University of Salzburg presented "Crisis and Democracy: Europe's Constitutional Response to the Financial and Economic Crisis" as part of the Pacific McGeorge International Jurist Series.
  • Judge Charles Brower of the Iran-United States Claims Tribunal in The Hague discussed "Hot Topics in International Law" as part of the Pacific McGeorge International Jurist Series. 
  • Judge Sebastián Picasso of the Judge of the Argentinian National Civil Court of Appeals, and who also teaches torts, contracts and consumers law at the University of Buenos Aires Law School, presented "Comparative Legal Education: Argentina and the U.S." as part of the Pacific McGeorge International Jurist Series.

2011

  • Professor Elizabeth Burch from the University of Georgia Law School presented "Unfunded Claims."
  • Professor Robert Reinstein, Clifford Scott Green Professor of Law at Temple University Beasley School of Law, presented "The Haitian Revolution and Its Effects on American Foreign Policy Law."
  • Professor Timothy A. Canova, Betty Hutton Williams Professor of International Economic Law and co-director of the Center for Global Law & Development at the Chapman University School of Law presented "Debt Ceilings and Social Floors — The Three Great Lies of Law and Public Finance."
  • Professor Noah Novogrodsky, University of Wyoming, College of Law presented "The Power to Say What Can't Be Said; Stories, Incitement & Globalization."
  • Pacific McGeorge Professor Omar Dajani presents "Still Stalled Between Seasons — State Building and Mass Mobilization in Palestine." 
  • Pacific McGeorge Professor Rachael Salcido presented "From the Ground Up — A Study in the Success - and Continued Challenges - of the Yolo Bypass Multi-Use Restoration."
  • Judge Gordon A. Martin Jr. discussed his book, Count Them One by One — Black Mississippians Fighting for the Right to Vote. 
  • University of Salzburg Professor Walter Pfeil presented "Long Term Health Care - A Challenge for Societies in Europe and the U.S."
  • Australian National University Professor Gary Tamsitt presented research and results from his simulated online legal practice program "Legal Workshop."  
  • Dean Elizabeth Rindskopf Parker presented "Creative Tensions Between Scholarship and Teaching — Observations from Recent Law School Visits Here and Abroad."
  • Professor Michael Vitiello presented a proposal to publish a series of simulation exercise books to provide students with realistic lawyering experiences in addition to traditional coursework.
  • Pacific McGeorge Professor Fred Galves presented "Virtual Justice as Reality — Making the Resolution of e-Commerce Disputes More Convenient, Legitimate, Efficient, and Secure."
  • Teaching Fellow Victor Katten from the Centre for International Studies and Diplomacy at the School of Oriental and African Studies, University of London presented "Litigating 'Palestine' Before International Courts — The Prospects of Success and Perils of Failure."
  • Pacific McGeorge Professor Kojo Yelpaala presented "Why did the Framers of the U. S. Constitution adopt Article 1 (8) of the Constitution? An Evolutionary Explanation."
  • Professor Peter Nicolas, Jeffrey & Susan Brotman Professor of Law, University of Washington School of Law presented "The Lavender Letter — Applying the Law of Adultery to Same-Sex Couples and Same-Sex Conduct."
  • Fred Rooney, Director of City University of New York's Community Legal Resource Network (CLRN) presented "CLRN Program — A Peer-Support Network Providing Low-Bono Legal Services to their Communities."
  • Pacific McGeorge Professor Clay Calvert presented "Newsworthiness and the Privacy of Death."
  • Professor Frank Rudy Cooper from Suffolk University Law School presented "The King Stay the King:" Multidimensional Masculinities and Capitalism in The Wire," from his co-edited book, Masculinities and Law — A Multidimensional Approach (NYU Press).
  • Dean Mary Crossley, University of Pittsburgh Law School presented "Learning By Doing — An Experience with Outcomes Assessment."
  • Professor Moussa Samb, Cheikh Anta Diop University in Dakar, Senegal presented "Cocaine Trafficking in West Africa — A Security Sector Reform Research."
  • Dean Quingiag Kong from Zhejiang Gongshang University presented "The Evolution of the Chinese Intellectual Property Regime and the US-China IPR Rows."
  • Professor William G. Merkel of Washburn University School of Law presented "Republicanism, Liberalism, and Bi-Polarity on the Roberts Court — The Teachings of Caperton, Citizens United, and McDonald."
  • Professor Fatou Kiné Camara, PhD, Associate Law Professor, Senegal presented "'Modern' Law and Women's Rights in Senegal - From the Shelter of Indigenous Law Into the Rain."
  • Judge Juan Guzmán Tapia of Chile presented "The Indictment of Pinochet" as part of the Pacific McGeorge International Jurist Series.
  • Judge Fausto Pocar of the International Criminal Court for the former Yugoslavia presented "The Harmonization of Law in Europe; Jurisdiction in Tort and Contract Dispute." as part of the Pacific McGeorge International Jurist Series.
  • Judge Joan Donoghue, the only American on the 15-member International Court of Justice, presented "International Courts and Global Governance" as part of the Pacific McGeorge International Jurist Series.