Faculty & Scholarship

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Scholarship

Publications

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

  • 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).
  • Paul Paton's article on innovation in the legal profession in North America, The Ball is Rolling, Lexpert, Feb. 2014, at 70, has been published. Read.
  • 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.
  • Paul Paton's article on innovation in the legal profession in North America, The Ball is Rolling, Lexpert, Feb. 2014, at 70, has been published. Read.
  • Paul Paton's article about the controversy over approval of the first faith-based law school in Canada, Any Flavour You Like, Lexpert, March 2014, at 74, has been published. Read.
  • 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.
  • Paul Paton's book, Global Issues in Legal Ethics (2d ed. 2014 with James E. Moliterno), has been published by West Academic.
  • Paul Paton's article, Accountant-Client Privilege, Accountant-Client Privilege, Lexpert, Jan. 2014, at 78, 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.
  • Ruth Jones' article, Assessment and Legal Education: What is Assessment, and What the *# Does It Have to Do With the Challenges Facing Legal Education?, 45 McGeorge L. Rev. 85 (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).
  • Paul Paton's article, The rise of shareholder activism, appears in Law. Wkly. In-House Couns. Mag., Fall 2013, at 8. Read (pdf).
  • 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).
  • Paul Paton's article, Privileges Can Be Taken Away, on efforts by the Canadian government to encroach on attorney-client privilege as part of anti-money laundering and anti-terrorist financing legislation, has been published in the October 2013 edition of Lexpert. [See also Paul D. Paton, "Co-operation, Co-Option or Coercion? The FATF Lawyer Guidance and Regulation of the Legal Profession," 2010 J. Prof. L. 165]. Read.
    • Paton's article, New Lawyers and the New Normal, about mentoring new students at the start of careers in law firms in the new market for legal services has been published in the September 2013 edition of Lexpert. Read.
  • 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).
  • Anne Bloom's article, The Radiating Effects of Torts, 62 DePaul L. Rev. 1201 (symposium) (2013), has been published.
  • 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 VitielloStrategies 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.
  • 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).
  • Amy Landers' chapter, "The Inventive Step and Cooperative Harmonization," has been published in the Japanese version of Intellectual Property in Common Law and Civil Law Countries, (T. Takenaka, ed., Edward Elgar). The English version of that volume of the four-volume treatise is scheduled for publication in late February.
  • Paul Paton wrote an op-ed about Canadian court decisions affecting corporate counsel, "Today's Team, Tomorrow's Trouble," which appeared in the Fall 2012 issue of The Lawyers Weekly magazine.
  • Omar Dajani's op-ed, "Arafat's Ghost," appeared on Nov. 28, 2012, on the website newsletter of foreignpolicy.com.
  • Francis J. Mootz III's article, "Even Moe Dalitz Would Blush: Why the District Attorney Has No Business Collecting Unpaid Casino Markers," was published in a symposium issue of the UNLV Gaming Law Journal, 3 U.N.L.V. Gaming L. J. 59 (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).
  • Paul Paton's article, "Lessons in Civility," commenting on bar discipline for rude or uncivil conduct, appears in the April 2012 edition of Lexpert magazine.
  • Michael Malloy's 2012 second supplements to this three-volume treatise Banking Law and Regulation, now in its second edition, has been published by Wolters-Kluwer and Aspen Publishers.
  • Fred Galves' casebook, Evidence: A Contemporary Approach, co-authored by Sydney A. Beckman (Lincoln Memorial) and Susan Crump (South Texas), has been published in its second edition by West.
  • Michael Vitiello's essay, "Personal Reflections of Connick v. Thompson," has been accepted for publication in the Ohio State Journal of Criminal Law.
  • Amy Landers' article, "Patent Claim Apportionment, Patentee Injury, and Sequential Invention," has been published in the George Mason Law Review, 19 Geo. Mason L. Rev. 471 (2012).
  • Michael Vitiello's book, Criminal Procedure Simulations, became the first published in West's new Bridge to Practice Series. He has drafted a similar exercise book for Civil Procedure and is at work on another book on Criminal Law. The books will supplement traditional casebooks in courses across the curriculum and are designed to let students see how abstract legal rules work in practice.
  • Anne Bloom's article, "Speaking 'Truth' to BioPower," was published in a symposium issue of the Southwestern Law Review, 41 Sw. L. Rev. 241 (2012).
  • Linda Carter's article, "The International Criminal Court in 2021," was published in a symposium edition of Southwestern Journal of International Law, 18 Sw. J. Int'l L. 199 (2011)
  • Michael Colatrella's article, A "Lawyer for All Seasons": The Lawyer as Conflict Manager," was published by the San Diego Law Review, 49 San Diego L. Rev. 93 (2012). Linda's Carter's article, "The International Criminal Court in 2021," was published in a symposium edition of Southwestern Journal of International Law, 18 Sw. J. Int'l L. 199 (2011)
  • Michael Colatrella's article, A "Lawyer for All Seasons": The Lawyer as Conflict Manager," was published by the San Diego Law Review, 49 San Diego L. Rev. 93 (2012).
  • Ray Coletta and John Sprankling's book, Property: A Contemporary Approach, has been published in its second edition by West.
  • Omar Dajani has accepted an offer from the Michigan Journal of International Law to publish his article, "Contractualism in the Law of Treaties."
  • Ron Robie's article, "Effective Implementation of the Public Trust Doctrine in California Water Resources Decision-Making: A View from the Bench," has been published in the UC Davis Law Review, 45 U.C. Davis L. Rev. 1156 (2012)
  • Rachael Salcido's article, "The Success and Continued Challenges of the Yolo Bypass Wildlife Area: A Grassroots Restoration," has been accepted for publication by the Ecology Law Quarterly, UC Berkeley's environmental law journal.
  • Jarrod Wong's article, "Arbitrating in the Ether of Intent," has been accepted for publication in an upcoming volume of the Florida State University Law Review.
  • Linda Carter's book, Global Issues in Criminal Procedure, has been published by West Academic Publishing. Her co-authors are Christopher Blakesley (Louisiana State) and Peter Henning (Wayne State).

Scholarship Database