McGeorge faculty members continue to challenge conventional boundaries with provocative scholarship on international topics. Their recent topics range from:
In Property Law for the Anthropocene Era, 59 Ariz. L. Rev. 737 (2017), John Sprankling explores how property law should respond to the dawn of a new geological era, the Anthropocene Epoch, which stems from the reality that human activity has replaced nature as the principal force shaping our planet.
In Two Steps Forward, One Step Back: The Deterrent Effect of International Criminal Tribunals (TOAEP 2017), Linda Carter and her co-editor Jennifer Schense present case studies on the impact of international tribunals in 10 countries were analyzed with suggestions for the International Criminal Court, governmental agencies, and other constituencies on how to maximize the deterrent impact of proceedings in international criminal courts.
In The Law of International Watercourses, 3rd ed., forthcoming 2019, Oxford University Press, Stephen C. McCaffrey surveys the law of shared freshwater resources, discusses cases in the field that have been decided by international tribunals, and describes a number of case studies involving disputes over international watercourses.
McCaffrey is a co-editor of the Research Handbook on International Water Law, Stephen C. McCaffrey, Christina Leb & Riley T. Denoon, eds., forthcoming 2018, Edward Elgar. This is a collection of essays by an international group of authors on international water law and disputes.
McCaffrey, International Water Law in the Anthropocene, 48 Envtl. Pol'y & L. 154 (2018).
McCaffrey is also a co-editor of Promoting Equity, Cooperation and Innovation in the Fields of Transboundary Waters and Natural Resources Management: The Legacy of Dr. David J.H. Phillips, Stephen C. McCaffrey, John S. Murray & Melvin Woodhouse, eds. (2017 Brill Nijhoff), a collection of essays in honor of the late David Phillips, a monumental figure in the field of international water use and management.
In Promoting Equity, Cooperation and Innovation in the Fields of Transboundary Waters and Natural Resources Management: The Legacy of Dr. David. J.H. Phillips (2017 Brill Nijhoff), McCaffrey and his co-editors John S. Murray and Melvin Woodhouse pay tribute to the legacy of Dr. David J.H. Phillips, a scientist of exceptional ability and achievement.
In The Path to the UN Watercourses Convention and Beyond, in The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. A Commentary, Laurence Boisson de Chazournes, et al., eds. (2017), McCaffrey traces the background of the UN Watercourses Convention and discusses future developments.
In Rethinking Environmental Impact Assessment for Mining in Guatemala, in From Extraction to Emancipation: Reimagining Development for Guatemala (Raquel Aldana & Steven W. Bender, ed. ABA Int'l Law Section & Carolina Press, 2018), based on interviews with government agencies, stakeholders, and community members impacted by mining in Guatemala, Rachael Salcido evaluates the environmental impact assessment regime for mining in Guatemala.
In Through the Looking Glass: Using Trade Agreements to Enforce Environmental Law, 32 Nat. Res. & Envt. 36 (2017), Karrigan Börk and Rachael Salcido argue that citizen submission processes in CAFTA-DR and NAFTA provide a valuable tool for environmental advocacy allowing citizens to spur the development of records of non-compliance with environmental laws.
In Israel's Creeping Annexation, 111 AJIL Unbound 51-56 (2017), Omar Dajani considers whether Israel's presence in parts of the occupied Palestinian territory is properly characterized as de facto annexation in violation of the jus ad bellum.
In a 2017 policy brief for the European Council on Foreign Relations entitled Rethinking Oslo: How Europe Can Promote Peace in Israel-Palestine, Dajani and co-author Hugh Lovatt argue that Europe must invest greater political capital to realign Israel's incentives with its obligations under international law and to shift aid to Palestinian institutions from capacity building to sovereignty building. Their analysis of the Oslo agreement will be published (in Hebrew) in a new volume by Tel Aviv University Press.
In The Road not Taken: A Comparison of the E.U. and U.S. Insider Trading Prohibitions, 56 Wash. U. J.L. & Pol'y 36 (2018), an invited essay for a symposium on insider trading, Frank Gevurtz contrasts the insider trading prohibition contained in the European Union's Market Abuse Regulation with the approach taken by the United States Supreme Court.
In U.S. National Report to the XX International Congress of Comparative Law: Groups of Companies, 66 (supp.) Am. J. Comp. L.181 (2018), Gevurtz wrote the U.S. contribution to a project comparing the laws of many nations dealing with the legal problems raised by parent and subsidiary corporations.
Michael P. Malloy's article Encountering Utopia was published as the lead article in the anthology, Role of Law, Human Rights and Social Justice: Selected Issues 13 (David A. Frenkel, ed., Athens Inst. for Educ. & Res. 2017).
The law publisher Wolters Kluwer released various supplements in 2017 and 2018, to Malloy's three-volume treatise, Banking Law and Regulation, commenting on, inter alia, the emerging financial crisis involving Deutsche Bank, the impact of the Brexit referendum on banking in the UK and in the EU, and the June 2016 Fed report on stress tests of 33 banking enterprises.
In Dissonant Voices: Understanding Guatemala's Failure to Amend Its Constitution to Recognize Indigenous Law. 25.1 U.C. Davis J. Int'l L. & Pol'y __ (2018), Julie Davies and her co-author Luis Mogollón, based in part on interviews conducted in the country, seek to understand why highly indigenous Guatemala has again failed to recognize indigenous law as part of its legal system.
In The Impact of Mining on Self-Determination in Rural Guatemalan Communities, in From Extraction to Emancipation: Reimagining Development for Guatemala (Raquel Aldana & Steven W. Bender, ed. ABA Int'l Law Section & Carolina Press, 2018), Davies identifies and critiques the effectiveness of international and domestic laws that are intended to protect the rights of indigenous and rural populations to meaningful consultation and self-determination with regard to projects situated within their lands.
In Legalizing Marijuana: Lessons from the United States, CXXX Studi Senesi 59 (2018), Michael Vitiello offers lessons from the U.S. experience with marijuana legalization that Italian policy makers might draw upon in Italy's debate on the legalization of the recreational rather than medical use of marijuana.
Vitiello, Brock Turner: Sorting Through the Noise, 49 U. Pac. L. Rev. 631 (2018) (reprinted in Archivio Penale 2017, n. 2).
In Bargained-for-Justice: Lessons from the Italians? 48 U. Pac. L. Rev. 247 (2017), Vitiello discusses Italy's move towards allowing bargained for justice to deal with its crowded docket and the lessons it offers for the US.
In From Footnote to Forethought: Considering the Consequences of Large-Scale, Industrialized Animal Agriculture in Developing Nations, 25.2 U.C. Davis J. Int'l L. & Pol'y __ (Spring 2019), Courtney G. Lee examines the ways in which industrialized animal agriculture, or "factory farming," harms animals, the environment, and humans, cautioning developing nations to take a different route and suggesting ways in which to balance the demand for animal products with greater sustainability.
In Panel Proceedings: International Arbitration In The Asia-Pacific: Prospects And Challenges Of A Dynamic And Growing Field, 112 Am. Soc'y Int'l L. Proc. _ (2019), Jarrod Wong and his co-panelists at the 2018 ASIL Annual Meeting consider various international arbitration developments across Asia.
In Panel Proceedings: Forum non Concurrence in the Resolution of Investment Treaty Disputes, 110 Am. Soc'y Int'l L. Proc. 51 (2017), Wong and his co-panelists at the 2016 ASIL Annual Meeting consider the apparent fragmentation of fora for resolving investor-state treaty disputes.
In A Migration Story from the Sugar Fields of Southwest Guatemala: A Case for Treating Corporations as Persecutors Under Asylum and Refugee Law, in From Extraction to Emancipation: Reimagining Development for Guatemala (ABA forthcoming 2018), Blake Nordahl makes the case for U.S. asylum and refugee law to recognize so-called "economic refugees" from nations like Guatemala as victims of a structural persecution that also involves collusion between the state and corporations.