Faculty & Scholarship

  • Print
  • Share
  • Questions
Scholarship

Publications

Scholarship is a core priority for the Pacific McGeorge faculty, who produce scholarship for top publications around the world.

  • Omar Dajani's report, Omar Dajani and Hiba Husseini, Norwegian Peacebuilding Resource Centre, Past the Point of No Return? A Rights-Based Framework for International Engagement in Israel/Palestine (2014), is available online.
  • Leslie Gielow Jacobs' article, Compelled Commercial Speech as Compelled Consent Speech, 29 J.L. & Pol. 517 (2014), has been published.
  • Brian Landsberg's article, Enforcing Desegregation: A Case Study of Federal District Court Power and Social Change in Macon County Alabama, 48 Law &Soc'y Rev 867, has been published. The article demonstrates that a federal district court brought about significant social change despite constraints on the courts, playing a decisive role in ending the racial caste system in this Alabama Black Belt county.
  • Michael Malloy's third 2014 Supplement to his three-volume treatise Banking Law and Regulation (2d ed.) has been published by Wolters-Kluwer Law and Business.
  • Courtney Lee's article, "Changing Gears to Meet the New Normal in Legal Education," has been accepted for publication in the Duquesne Law Review. (Forthcoming)
  • Rachael Salcido's article, "Rationing Environmental Law in a Time of Climate Change," has been accepted for publication by the Loyola University Chicago Law Journal. (Forthcoming)
  • Michael Vitiello's article, "Limiting Access to US Courts: The Supreme Court's New Personal Jurisdiction Case Law," has been accepted for publication in the UC Davis Journal of International Law and Policy. (Forthcoming)
  • Cary Bricker's article, Teaching the Power of Empathy in Domestic and Transnational Experiential Public Defender Courses, 32 Buff. Pub. Int. L.J. 1 (2014), has been published.
  • Franklin Gevurtz' report, The Protection of Minority Investors and Compensation of Their Losses, 62 (Supp.) Am. J. Comp. L. 303 (2014), has been published. This report was prepared for the XIX International Congress of Comparative Law.
  • Michael Malloy's book, Banking and Financial Institutions Law in a Nutshell (8th ed. 2014), with William A. Lovett, has been published by West Academic. Malloy has now accomplished the extremely rare academic quadfecta: he is the author of a major treatise, casebook, hornbook, and nutshell in a single area of the law.
  • John E.B. Myers' casebook, California and Federal Evidence (Esquire Books, 2014), has been published.
  • Michael Vitiello's article, The Expanding Use of Genetic and Psychological Evidence: Finding Coherence in the Criminal Law? 14 Nev. L.J. 897 (2014), has been published.
  • Michael Malloy's second 2014 Supplement to his three-volume treatise Banking Law and Regulation (2d ed.) has been published by Wolters-Kluwer Law and Business.
  • John Myers' article, "I Won't Pay Child Support, But I Insist on Visitation." Should Visitation and Child Support Be Linked?, 45 McGeorge L. Rev. 695 (2014), has been published.
  • Julie Davies' essay, Sentencias Trascendentales del Tribunal Supremo de los Estados Unidos. Pasos Hacia la Igualdad del Matrimonio Para Parejas del Mismo Sexo, Revista de Derecho Escuela de Postgrado (Universidad de Chile), Dec. 2013 at 207, has been published.
  • Stephen McCaffrey's article, International Water Cooperation in the 21st Century: Recent Developments in the Law of International Watercourses, 23 Rev. Eur. Community and Int. Envtl. L. 4 (2014), has been published.
  • John Sprankling's book, The International Law of Property, has been published by Oxford University Press.
  • Jarrod Wong's paper, Uncommon Remedies in International Dispute Resolution, Die Geister die Ich Rief: Uncommon Remedies in International Dispute Resolution, 107 Am. Soc't Int'l L. Proc. 33 (2013) (with Isabel Fernandex de la Cuesta, Jennifer Gorskie, et al.), has been published.
  • Raquel Aldana's book chapter, Immigration Federalism and Rights, in Immigration Regulation in Federal States at 61 (Sasha Baglay and Delphine Nakache, eds., Springer 2014), has been published.
  • Michael Colatrella's article Informed Consent in Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring the Mediator's Ethical Duties, 15 Cardozo J. Conflict Resol. 705 (2014), has been published.
  • Lawrence Levine's article, The Restatement of Gay(?), with Courtney G. Joslin, 79 Brook. L. Rev. 621 (2014), has been published. Read (pdf).
  • John Sprankling's article, The Global Right to Property, 52 Columb. J. Transnat'l L. 464 (2014), has been published.
  • Stephen McCaffrey's article, based on a talk he delivered at Denver, Keynote: Sustainability and Sovereignty in the 21st Century, 41 Denv. J. Int'l L. & Pol'y 507 (2013) has been published.
  • Michael Malloy's article, Core Principles for Effective Banking Supervision: New Concepts and Challenges, in Selected Legal Issues in Economics 11 (David A. Frenkel, ed., Athens Inst. for Educ. and Res. 2014), has been published.
  • Michael Vitiello's article, Making Good Use of a Crisis, 20 The Law Teacher, Fall 2013, at 63.has been published.
  • Michael Malloy's first 2014 Supplement to his three-volume treatise Banking Law and Regulation (2d ed.) has been published by Wolters-Kluwer Law and Business.
  • Stephen McCaffrey's keynote address, Keynote: Sustainability and Sovereignty in the 21st Century, 41 Denv. J. Int'l L. & Pol'y 507 (2013) has been published.
  • Jarrod Wong's book chapter, The Misapprehension of Moral Damages in Investor-State Arbitration, in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2012, at 67 (Arthur W. Rovine, ed., Martinus Nijhoff 2013), has been published.
  • Christine Manolakas' article, The Mixed Use of a Personal Residence: Integration of Conflicting Holding Purposes Under I.R.C. Sections 121, 280A, and 1031, 14 Wake Forest J. Bus & Intell. Prop. L. 62 (2013), has been published.
  • Francis J. Mootz III's book review, Gadamer: A Philosophical Portrait Notre Dame Phil. Rev. (Dec. 8, 2013), (reviewing Donatella Di Cesare, Gadamer: A Philosophical Portrait (2013)), has been published.
  • Joseph Taylor's casefile, State v. Donaldson (2nd ed. 2013 with Michael S. Sands), has been published by the National Institute for Trial Advocacy.
  • Joseph Taylor's casefile, State v. Anderson (2nd ed. 2013), has been published by the National Institute for Trial Advocacy.
  • Michael Vitiello's article, Personal Reflections on Connick v. Thompson, 11 Ohio State J. Crim. L. 217 (2013), has been published.
  • Franklin Gevurtz' article, Removing Revlon, 70 Wash. & Lee L. Rev. 1485 (2013) has been published.
  • Francis J. Mootz III's introduction to the symposium on The State and Future of Legal Education was published in 45 McGeorge L. Rev. 1 (2013).
  • Omar Dajani's article, Ethnic and Religious Conflict in the Emerging Arab Order: The Promise and Limits of Rights, 17 UCLA J. Int'l L. & Foreign Aff. 29 (2013), has been published.
  • Franklin Gevurtz' article, Removing Revlon, 70 Wash. & Lee L. Rev. 1485 (2013), has been published.
  • Stephen McCaffrey's chapter, "The Progressive Development of International Water Law," has appeared in The UN Watercourses Convention in Force: Strengthening International Law for Transboundary Water Management, p. 10, (Flavia Rocha Loures & Alistair Rieu-Clarke, eds., Routledge 2013).
  • Joseph Taylor and Warren Jones' casefile, Huntington v. Aster (2013), has been published by the National Institute for Trial Advocacy.
  • Franklin Gevurtz' article, United States: Corporate Governance for Publicly Traded Corporations, has been published as the chapter on the United States in Comparative Corporate Governance: A Functional and International Analysis (Andreas M. Fleckner & Klaus J. Hopt, eds, Cambridge 2013). Gevurtz co-authored the article with Arthur Pinto for the XVIII International Congress of Comparative Law.
  • Michael Malloy's third 2013 Supplement to his three-volume treatise Banking Law and Regulation, now in its second edition, has been published by Wolters-Kluwer.
  • Raquel Aldana's chapter, "A Reflection on Transitional Justice in Guatemala 15 Years After the Peace Agreements," has been published in Victims of International Crimes: An Interdisciplinary Discourse 297 (Thorsten Bonacker & Christoph Safferling, eds., Springer 2013).
    • Aldana's article, La Conducta de los Defensores de Ríos Montt, has been published in La Revista de la Defensoría Penal Pública 34 (July 2013). Read (pdf).
  • Fred Galves' casebook, Evidence: A Contemporary Approach (with Sydney A. Beckman & Susan Crump), now in its second edition, has been published by West Publishing.
  • Michael Malloy's new edition of his casebook, International Banking: Cases, Materials, and Problems, (3d ed. 2013) has been published by Carolina Academic Press.
    • Malloy's abstract of his presentation "Core Principles for Effective Banking Supervision: New Concepts and Challenges" has been published in Gregory T. Papanikos (ed.), Law Abstracts: Tenth Annual International Conference on Law 52 (Athens Institute for Education and Research, Athens, Greece: 8-11 July 2013). Read (pdf).
    • Malloy's article, Zone Defence: The Euro Zone and the Crisis in Financial Services Markets, has been cited in Derek Takehara, Comment, Financial Reform in the European Union: Establishing the Common Technical Rulebook, 26 Pac. McGeorge Global Bus. & Dev. L.J. 531, 532 n.8 (2013).
    • Malloy's second volume of his treatise, Banking Law and Regulation, has been repeatedly cited in Eugene Goyfman, Comment, Let's Be Frank: Are the Proposed US Rules Based on Basel III an Adequate Response to the Financial Debacle? 36 Fordham Int'l L.J. 1062, 1065 n.14, 1068 n.23, 1078 nn.81-82, 1079 nn.83-84 (2013).
  • Raquel Aldana's book, Global Issues in Immigration Law, has been published by West Academic Publishing. Her co-authors are Won Kidane (Seattle University School of Law), Beth Lyon (Villanova Law School) and Karla M. McKanders (University of Tennessee College of Law).
  • Fred Galves' and Thomas J. Leach's book, Bridge to Practice: Evidence (2013) (with Edward J. Imwinkelried), has been published by West.
  • Franklin Gevurtz' book, Global Issues in Securities Law (with Marc Steinberg and Eric Chaffee), has been published by West.
    • Gevurtz' article, Why Delaware LLCs?, has been republished by The Corporate Practice Commentator.
    • Gevurtz' article, Squeeze-outs and Freeze-outs in Limited Liability Companies, was recently cited by the Court of Claims (Colorcon, Inc. v. U.S., 110 Fed Cl. 650)
  • Michael Malloy's book, Economic Sanctions and U.S. Trade, has been cited in Elizabeth Clark Hersey, Note, No Universal Target: Distinguishing Between Terrorism and Human Rights Violations in Targeted Sanctions Regimes, 38 Brook. J. Int'l L. 1231, 1236 n.22, 1238 n.36 (2013).
  • Cary Bricker and Michael Vitiello's article, Chinese Homicide Law, Irrationality and Incremental Change, 27 Temp. Int'l & Comp. L.J. 43 (2013) has been published.
  • Fred Galves' and Thomas J. Leach's book, Bridge to Practice: Evidence (2013) (with Edward J. Imwinkelried), has been published by West.
  • Michael Malloy's second 2013 Supplement to his three-volume treatise Banking Law and Regulation, now in its second edition, has been published by Wolters-Kluwer.
    • Malloy's article, Built to Scale: Small Business Policy and the Meltdown, has been cited in Brittany M. Pace, Note, An Unanticipated Consequence: Will Dodd-Frank Drown Out Small Businesses? 8 Entrepren. Bus. L.J. 159, 169 n.127, 173 n.168 (2013).
  • Mary-Beth Moylan and Stephanie Thompson's book, Global Lawyering Skills (2013) (with Adrienne Brungess, Gretchen Franz, Kathleen Friedrich, Jennifer Gibson, Hether Macfarlane, Maureen Moran, Jeff Proske, Ed Telfeyan and Maureen Watkins), has been published by West.
  • John Sprankling's book, Bridge to Practice: Property (2013), has been published by West.
  • Michael Vitiello's article, Still Between a Rock and a Hard Place: Sentencing Reform in California, 25 Fed. Sent'g Rep. 233 (2013) has been published.
  • Brian Landsberg's article, Introduction to Voices of the Civil Rights Division: Then and Now (October 28, 2011), 44 McGeorge L. Rev. 269 (2013), has been published.
  • Michael Malloy's book, United States Economic Sanctions: Theory and Practice, has been cited and quoted several times in Court E. Golumbic & Robert S. Ruff III, Leveraging the Three Core Competencies: How OFAC Licensing Optimizes Holistic Sanctions, 38 N. C. J. In'l L. & Com. Reg. 729, 735 n.31, 740 n.52, 741 n.56 (2013) (citing and quoting book).
    • Malloy's book, Banking Law and Regulation, has been cited in Onnig H. Dombalagian, The Expressive Synergies of the Volcker Rule, 54 B.C. L. Rev. 469, 525 n.300 (2013).
  • Michael Malloy's article, Negotiating in a Ditch: Institutional Implications of the Sovereign Debt Crisis, 28 Conn. J. Int'l L. 1(2012), has been published.
    • Malloy's article, Governing Foolishness: A Comparative Analysis of Executive Compensation Rules, in David A. Frenkel (ed.), Economy and Commercial Law-Selected Issues 31 (Athens Institute for Education and Research, 2013), has been published.
    • Malloy's 2005 article, Emerging International Regime of Financial Services Regulation, was cited in Emilios Avgouleas, Rationales and Designs to Implement an Institutional Big Bang in the Governance of Global Finance, 36 Seattle U. L. Rev. 321, 328 n.12 (2013).
  • Stephen McCaffrey's book, Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation and Cooperation (2nd ed. 2013) (with Ariel Dinar, Shlomi Dinar, and Daene McKinney), has been published by World Scientific.
  • Michael S. Mireles' book review, Here to Stay: Universities, Technology Transfer and Intellectual Property, 8 J. of Intell. Prop. L. & Practice 331 (2013) (reviewing University Intellectual Property: a Source of Finance and Impact (2012) (Graham Richards, ed., Harriman House Press), has been published.
  • Joseph Taylor's casefile, State v. Baker (3rd ed. 2013), has been published by the National Institute for Trial Advocacy.
  • Michael Vitiello's article, Joints or the Joint: Colorado and Washington Square Off Against the United States, 91 Or. L. Rev. 1009 (2013), has been published. His article is available online.
  • Linda Carter's book, International Criminal Procedure: The Interface of Civil Law and Common Law Legal Systems (Linda Carter & Fausto Pocar, eds., 2013), has been published by Edward Elgar. Carter co-wrote the first chapter, The Challenge of Shaping Procedures in International Criminal Courts, and co-edited the entire book with Judge Fausto Pocar of the International Criminal Tribunal for the former Yugoslavia.
  • Raymond R. Coletta's book, Coletta's Exam Pro Workbook On Estate and Future Interests (3d ed., 2013), has been published by West.
  • Marjorie Florestal's article, The Tale of Two Compadres: Teaching International Trade and Development Across Cultures, 26 Pac. McGeorge Global Bus. & Dev. L.J. 33 (2013), has been published.
  • Franklin Gevurtz's article, Report Regarding the 2011 Pacific McGeorge Workshop on Promoting Intercultural Legal Competence (The "Tahoe II" Conference), 26 Pac. McGeorge Global Bus. & Dev. L.J. 63 (2013), has been published.
  • Michael Malloy's article, Human Rights and Unintended Consequences: Empirical Analysis of International Economic Sanctions in Contemporary Practice, 31 Boston U. Int'l L.J. 75 (2013), has been published.
  • Michael Vitiello's book, Persuasive Written and Oral Advocacy in Trial and Appellate Courts (3d ed. 2013) (with Michael R. Fontham), has been published by Aspen.
  • Linda CarterThe Evolution of Justice Kennedy's Eighth Amendment Jurisprudence on Categorical Bars in Capital Cases, 44 McGeorge L. Rev. 229 (2013).
  • Leslie JacobsSnow White, 62 J. Legal Educ.405 (2013).
  • Lawrence LevineJustice Kennedy's "Gay Agenda": Romer, Lawrence, and the Struggle for Marriage Equality, 44 McGeorge L. Rev. 1 (2013).
  • Stephen McCaffreyThere's a Whole World Out There: Justice Kennedy's Use of International Sources, 44 McGeorge L. Rev. 201 (2013).
  • John SpranklingThe Property Jurisprudence of Justice Kennedy, 44 McGeorge L. Rev. 61 (2013).
  • Michael Vitiello — Strategies and Techniques for Teaching Criminal Procedure, (Wolters Kluwer Law & Business 2013).
  • Jarrod WongThe Compensatory Nature of Moral Damages in Investor-State Arbitration, in Columbia FDI Perspectives (No. 88, Feb. 4, 2013), http://www.vcc.columbia.edu/content/compensatory-nature-moral-damages-investor-state-arbitration.

Scholarship Database