McGeorge professors continued their work in spring 2020 by writing, presenting, teaching, and engaging in academic leadership and community activities. Here is a sampling of their activities in which our professors participated in just the last few months:
Scholarship in Pursuit of Justice for All
Professor Brian Slocum: Defining Discrimination on Account of Sex
In The Meaning of Sex: Dynamic Words, Novel Applications, and Original Public Meaning, forthcoming in the Michigan Law Review, Professor Slocum and his co-authors, William Eskridge of Yale and noted linguist Stefan Th. Gries of UCSB, use linguistic theory and corpus analysis to offer a new framework for how long-standing civil rights statutes should be interpreted over time to recognize societal and linguistic evolution.This article follows from an amicus brief submitted by Professor Slocum and two other professors in Bostock v. Clayton County, Georgia, which used historical corpus linguistics to argue that the term 'sex' in Title VII of the Civil Rights Act of 1964 should be interpreted to protect lesbians, gay men, transgender persons and other sex and gender minorities against workplace discrimination.
In other recent work demonstrating his status as one of the nation's leading scholars on corpus linguistics and statutory interpretation, Profssor Slocum's article, Reforming the Canon of Constitutional Avoidance, is in press with the University of Pennslyvania Journal of Constitutional Law, while his essay, Judging Corpus Linguistics (with Professor Gries), was published by the Southern California Law Review Postscript.
Rachel Salcido: Environmental Justice
While recent events have highlighted police misconduct and communities of color, Professor Salcido addresses how polluting activities disproportionately impact communities of color. In her paper, Weaponizing Environmental Justice, presented at the National People of Color 4th Annual Conference and now in press with the UCLA Journal of Environmental Law & Policy, Salcido examines efforts to achieve environmental justice and argues weaponizing this concept requires leaning in to it as a moment rather than a concise legal framework and focusing on toold and strategies that can re-orient power to combat environmental injustice.
Leslie Gielow Jacobs: The Regulation of Hate Speech
Profesor Jacobs argues for a greater ability of government entities to limit the messages, including hate speech, of private speakers invited onto government property in "Incitement Lite" for the Nonpublic Forum, published this year in the Brooklyn Law Review. This article is the latest in Professor Jacobs' extensive examination of issues involving free speech.
Omar Dajani: Federalism and Ethnic Conflict
In 2021, Cambridge University Press will publish Federalism and Decentralization in the Contemporary Middle East and North Africa, a new volume edited and including introductory and concluding chapters by Professor Dajani and UCLA Law Professor Aslı Bâli. The book explores whether decentralizing government institutions can help manage and resolve identity conflict within the states of the region and offer meaningful self-determination to peoples beset by religious and ethnic persecution and strife, including, in the chapter co-written by Professor Dajani, in the Israeli-Palestinian conflict, and in the fractures states of Yemen, Libya, and Syria.
Mary-Beth Moylan and Ederlina Co: Feminist Judgments
Professors Moylan and Co are contributors to the U.S. Feminist Judgments Project in which leading feminist legal scholars rewrite, with feminist reasoning, United States Supreme Couty opinions involving sex and gender. In this work, published by Cambridge University Press, ech rewritten decision is preceded by a substantive commentary that discusses the Supreme Court opinion and reflects on how the rewritten decision amplifies understanding of the case and highlights potential differences that might have resulted in development of the specific law. Professor Moylan addresses Kulko v. Superior Court for the Family Law volume, while Professor Co address Maher v. Roe for the Reproductive Justice volume.
Michael Vitiello: Criminalization and Racial Injustice
In Marijuana Legalization, Racial Disparity and the Jope for Reform, published last year in the Lewis and Clark Law Review, Professor Vitiello explores the racist origins of marijuana laws and whether modern reform can address racial disparity in the "legal" marijuana market. Professor Vitiello addresses the excessive incarceration resulting from drug charges in The War on drugs: Moral Panic and Excessive Sentences forthcoming in the Cleveland State Law Review; while in The End of the War on Drugs, the Peace Divident and the Renewed Fourth Amendment?, forthcoming in the Oklahoma Law Review, and Arnold Loewy, Ernesto Miranda, Earl Warren, and Donald Trump: Confessions and the Fifth Amendment, recently published in the Texas Tech Law Review, Professor Vitiello addresses the loss and potential renewal of protections against unconstitutional police conduct.
Brian Landsberg: Enforcing the Civil Rights Laws by One Who Did It
In his forthcoming book, Revolution by Law: The Federal Government and the Desegregation of Alabama Schools, Emeritus Professor Brian Landsberg recounts how the Civil Rights Division of the Department of Justice radically transformed the Deep South's political, social and economic racial caste system. It focuses on Lee v. Macon County Board of Education, which culminated in a federal court ordering desegregation of public schools in Alabama. Lee became the model for litigation that transformed the schools of the Deep South from the most to the least segregated in the nation.
Stephen McCaffrey: The Human Right to Water
Recognizing a career that includes authoring the seminal article advocating a human right to water - a matter of critical importance to impoverished communities throughout the world - the ABA Section of International Law this year conferred the Louis B. Sohn Award for Public International Law on Professor McCaffrey. This is the latest in a number of awards garnered by Professor McCaffrey over the last several years, including being named the 2017 Stockholm Water Prize Laureate (considered comparable to a Nobel Prize in water), awarded by the King of Sweden.
Scholarship in Pursuit of Economic Development
Franklin Gevurtz: Mergers and Acquisitions
In his article, The Shareholder Approval Conundrum, published last year in the Boston College Law Review, Professor Gevurtz explains why shareholders almost invariably approve mergers despite studies showing that managers negotiating such mergers often sell out the shareholders' interest to get the best deal in favor of mergers in which managers retain their positions or get compensation and addresses the implications of this insight on judicial review of such mergers.
Jarrod Wong and Brian Slocum: Investment and Other Treaty Interpretation
In The Vienna Convention and the Ordinary Meaning of International Law, forthcoming in the Yale Journal of International Law, professors Wong and Slocum critique the fundamentally flawed approach to interpreting language found in international treaties - a matter of particular importance in arbitration in disputes over provisions in investment treaties.
Christine Manolakas: Tax and Natural Disasters
Prompted by the annual increase in the number and severity of natural disasters that is now the new normal, Professor Manolakas' article, The Tax Law and Policy of Natural Disasters, published last year in the Baylor Law Review, looks at the tax laws applicable to the possible gains and the inevitable losses impacting individuals, families, businesses and communities from natural disasters and addresses how to minimize further economic cost from the application of complex and often unfair laws of federal taxation.
Michael Malloy: Banking and Economic Development
As a leading expert in domestic and international banking, Professor Malloy served as one of the principal contributors to the Policy Framework for Sustainable Real Estate Markets published by the UN Economic Commission for Europe last year. The new Policy Framework reflects the impact of key international agreements that led to the emergence of new, more integrated approaches to sustainable urban development at all levels. In his article, The Emerging International Regime of Financial Services Regulation, forthcoming in the North Carolina Journal of International Law, Professor Malloy argues that the Swiss-based Bank for International Settlements is transforming international bank regulation in ways that fundamentally affect even national banking.
Daniel Croxall: Unfair Competition in the Beer Industry
Professor Croxall examines unfair practices by the major global beer producers directed against craft beer breweries in his articles, How Federal Ambivalence Regarding Below-Cost Pricing Turns a Blind-eye to Monopoly Risk in the Beer Market, forthcoming in the Loyola Los Angeles Law Review, and Helping Craft Beer Maintain and Grow Market Shares with Private Enforcement of Tied-House and False Advertising Law published last year in the Gonzaga Law Review.
Michael Mireles: Patents and Universities
Professor Mireles continues his empirical exploration of the enforcement of patents by U.S. universities and other nonprofit organizations. In the first of his two recent book chapters, published by Edward Elgar in its Research Handbook series, Professor Mireles and his co-author look at patent litigation by U.S. universities and other nonprofits, while the second recent book chapter, in an edited work published by Routledge, by Professor Mireles and the same co-author, examines patenting behavior by U.S. universities and other nonprofits in developed countires.
John Sprankling: Trade Secrets
Internationally known for his expertise in property law - including having developed the field of international property law - Professor Sprankling has turned his attention to intellectual property. His treatise, Understanding Trade Secret Law (with Thomas G. Sprankling) was just published.
Additional Recent Publication of Scholarship by McGeorge Faculty
Carolina Academic Press has just published John Sprankling’s new book, Understanding Trade Secret Law (with Thomas G. Sprankling).
Carolina Academic Press has also published the third edition of Mike Schwartz’ contracts casebook, Contracts, a Context and Practice Casebook.
Leslie Jacobs’ article, “Incitement Lite” for the Nonpublic Forum was recently published in the Brooklyn Law Review.
Jay Mootz’ article, Cannabis and the California Workplace was recently published in the University of San Francisco Law Review (with Meghan Shiner, McGeorge 2020).
Dan Croxall’s article, Helping Craft Beer Maintain and Grow Market Shares with Private Enforcement of Tied-House and False Advertising Laws was recently published in the Gonzaga Law Review.
Mike Vitiello’s, essay, Arnold Loewy, Ernesto Miranda, Earl Warren, and Donald Trump: Confessions and the Fifth Amendment, was recently published as part of a symposium in the Texas Tech Law Review.
Frank Gevurtz’ essay, Extraterritoriality and the Fourth Restatement of Foreign Relations Law: Opportunities Lost, has been published as part of a symposium in the Willamette Law Review.
Jennifer Harder has recently had two pieces published: Cognitive Dissonance or Harmonic Convergence? California’s Groundwater Law & The Public Trust Doctrine appears in the Rocky Mountain Mineral Law Foundation Journal, while the Public Policy Institute of California published her co-authored report, A Path Forward for California's Freshwater Ecosystems.
Michael T. Colatrella Jr. presented a paper, Leading Law Schools: Negotiation and Collaboration as Academic Leadership Skills, at the “Experimental ADR Conference” at the University of Oregon School on March 7, 2020.
Brian Slocum presented a paper, Big Data and Empiricism in Statutory Interpretation, at the conference on “Data-driven Approaches to Legal Interpretation” at Brooklyn Law School on March 6, 2020. This paper will be published as part of a symposium in the Brooklyn Law Review.
Frank Gevurtz presented a paper, The Complexity Dilemma: A Reflection on Teaching a Simulation Course in Business Planning, at the symposium on “Teaching Better Business Lawyering” at Willamette University College of Law on March 6, 2020. This paper will be published as part of a symposium in the Willamette Law Review.
Brian Slocum gave a presentation, Reforming the Canon of Constitutional Avoidance, at the Tenth Annual Legislation Roundtable, at Yale Law School on Feb. 28, 2020.
Jarrod Wong gave a presentation on The Chimera of a World Investment Court, at the 2020 ASIL International Economic Law Interest Group Biennial at the University of Miami School of Law on Feb. 15, 2020.
Brian Slocum, with William N. Eskridge Jr. (Yale Law School) & Stefan Gries (U.C.S.B. Linguistics Department), gave a presentation, Dynamic Words and Evolving Statutes, at the Fifth Annual Symposium on Corpus Linguistics and the Law, at the J. Reuben Clark Law School, Brigham Young University, on Feb. 6, 2020.
Steve McCaffrey was named the 2020 recipient of the ABA International Law Section’s Louis B. Sohn Award for Public International Law.
Courtney G. Lee received the SEEDS Award from the International Society for Animal Rights (ISAR) "in recognition of her contributions to the important and burgeoning field of animal law."