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“True enough”
Michael T. Colatrella
Of the many contributions that Professor Leonard Riskin introduced in his landmark article Understanding Mediators’ Orientations, none is more profound than the educational value of the original Riskin Grid (the “Grid”) as a mental model to aid in understanding the mediation process. Describing a phenomenon through use of a simple model so that it can be systematically studied is a well-established and valuable scientific method. To be effective, however, good models must be calibrated to an appropriate level of sophistication for the student. The Grid is an effective model to help students new to mediation to conceptualize what mediators do and how they do it. Indeed, Riskin states that clarifying the mediation process is the Grid’s primary purpose. Along these lines, Riskin emphasizes one of the article’s primary aims is “to facilitate discussions and help to clarify arguments by providing a system for categorizing and understanding approaches to mediation.” Although some have criticized the Grid as being too simple, incomplete, and even misleading, it is the Grid’s simplicity that enables Riskin to illuminate the mediation process so brightly. Riskin himself, in a later article, attempted to address the Grid’s so-called weaknesses and limitations by suggesting a more dynamic Grid system (Riskin). The Grid persists magnificently as a fundamental model of understanding of what mediators do. It remains a central feature of mediation education because it is a clear and simple conceptual framework of the mediation process that a mediation novice, whether a law student, an attorney, or a professional interested in mediation from any number of other disciplines, can understand. The Grid endures, in other words, not because it is perfect, but because it is “true enough.”….
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US-litigated government-funded patents in Europe and Japan: A first look
Teo Firpo and Michael S. Mireles
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Contracts: A Context and Practice Casebook Teacher's Manual
Michael Hunter Schwartz and Adrian Walters
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Layperson’s Guide to Water Rights
Water Education Foundation, Tom Hicks, and Jennifer L. Harder
The 28-page Layperson’s Guide to Water Rights Law, recognized as the most thorough explanation of California water rights law available to non-lawyers, traces the authority for water flowing in a stream or reservoir, from a faucet or into an irrigation ditch through the complex web of California water rights.
It includes historical information on the development of water rights law, sections on surface water rights and groundwater rights, a description of the different agencies involve in water rights, and a section on the issues not only shaped by water rights decisions but that are also driving changes in water rights. Includes chronology of landmark cases and legislation and an extensive glossary. Added for 2020 is an extensive section on the Sustainable Groundwater Management Act.
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Understanding International Law
Stephen C. McCaffrey
This clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation.
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Understanding Trade Secret Law
John G. Sprankling and Thomas Sprankling
Today the acquisition, control, and use of information drive both our economy and society in general. Trade secret law is the main tool for protecting valuable information. This treatise explains trade secret law clearly and succinctly, while being mindful of the evolving policies and tensions that underlie the field. It examines state law under the Uniform Trade Secrets Act and federal law under the 2016 Defend Trade Secrets Act, together with common law doctrine.
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Alternatives to city departments
John J. Kirlin, John C. Ries, and Sidney Sonenblum
This chapter explores the alternatives to city departments for providing municipal services. City officials have a strong bias toward service provision via city departments as the arrangement which gives them greatest control over service delivery. Identifying service provision as the rationale of local government easily leads to the presumption that municipal services should be provided by a city's own employees, through "city departments." Provision of any municipal service includes three activities: planning, finance, and production. Elected officials, city managers, and senior municipal administrators appear to be the primary participants in discussions to alter service delivery arrangements. At the level of national policy, some incentives for the development of cooperative intermunicipal arrangements already exist. The prevalent attitude concerning municipal service delivery–among municipal officials, citizens, and academics alike–identifies city departments as the sole, most likely, or preferred provider. Lower expenditures for municipal services should result from greater use of alternatives to city departments.
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JUSTICE SCALIA: RHETORIC AND THE RULE OF LAW
Francis J. Mootz III and Brian G. Slocum
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law.
In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
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Justice Scalia: Rhetoric and the Rule of Law
Brian G. Slocum and Francis J. Mootz
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law.
In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
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LEARNING EMPLOYMENT LAW
Francis J. Mootz III, Michael Maslanka, and Leticia M. Saucedo
Provides concise and clear text, examples, and case excerpts that empower students to engage in sophisticated problem-solving regarding the most pressing issues in contemporary workplace law. Students will gain a sophisticated understanding of the challenges facing lawyers in this rapidly developing area of the law.
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Party Like It’s 1989: Justice Scalia’s Rhetoric of Certainty
Francis J. Mootz III
Francis J. Mootz, III, Party Like It’s 1989: Justice Scalia’s Rhetoric of Certainty in Justice Scalia: Rhetoric and the Rule of Law (eds., Brian G. Slocum and Francis J. Mootz III, University of Chicago Press 2019).
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.
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