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Learning in Mulukuku: A Journey of Transformation
Raquel Aldana and Leticia Saucedo
Chapter 14 of Vulnerable Populations and Transformative Law Teaching: A Critical Reader, edited by: Society of America Law Teachers and Golden Gate University of School of Law.
This essay reflects on the lessons we learned from co-teaching a course five years ago titled Domestic Violence in a Post-Conflict Society: The Case of Nicaragua. We were invited to expose our students to a Sandinista-style, radical women’s organization, the Maria Luiza Ortiz cooperative, in Mululuku, a deeply rural area of Nicaragua that faced looming problems of domestic violence in the absence of law and legal institutions. We seized on the opportunity to adopt this project, because we believed it would be transformative for our students, for ourselves, and maybe even for our law school, while potentially providing useful contributions to the Cooperative. This essay offers us an opportunity to reflect on our own journey as teachers through this experience and to share what we have learned about the ethics, the benefits and costs, and the effectiveness of our attempts at transformative teaching.
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No Security Without Law”: Prospects for Implementing a Rights-Based Approach in Palistinian-Israeli Security Negotiations
Omar M. Dajani
No Security Without Law”: Prospects for Implementing a Rights-Based Approach in Palistinian-Israeli Security Negotiations, in International Law and the Israeli-Palestinian Conflict: A Rights-Based Approach to Middle East Peace (Susan Akram et al. eds., Routledge 2011).
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Techniques for Teaching Law II
Michael Hunter Schwartz, Sophie Sparrow, Gerald F. Hess, and Steve Friedland
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THE SEMIOTICS OF LAW IN LEGAL EDUCATION
Francis J. Mootz III and Jan M. Broekman
This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 – 2011 at Penn State University’s Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as “sign”, “symbol” or “legal language,” demonstrate how a lawyer’s professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can “say the law,” or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.
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United States Legislation and Presidential Directives,
Leslie Gielow Jacobs and Elizabeth Rindskopf Parker
Leslie Gielow Jacobs and Elizabeth Rindskopf Parker, United States Legislation and Presidential Directives, in Encyclopedia of Bioterrorism Defense with (Rebecca Katz & Raymond A. Zilinskas eds., 2d ed. Wiley-Blackwell 2011).
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Changes, Challenges, Choices: The 1960s and 1970s in U.S. Public Administration
John J. Kirlin
The key roles that the University of Southern California's professional schools have played in promoting public affairs are brought into sharp focus in this detailed history, edited by a group of academic experts intimately involved in the development of the school. Through its School of Policy, Planning and Development, USC has taken a distinctive approach in pushing forward community enterprise on a local and global basis. The school was forged through a merger of its School of Public Administration and School of Urban Planning and Development, both of which were pioneers in their fields. This compilation was created as part of the 2009 celebration of SPPD's eighty years of widely shared academic inquiry, facilitation of learning, and advancement of civic and professional public practice. New generations seeking to sustain the school's tradition of leadership now have a detailed history that tells how amazing developments in technologies and systems enabled the university to successfully promote its ideals. USC Emeritus Dean of Gerontology, James Birren, sums it up well when he states, "You can't know where you are going until you understand where you have been." Recall the university's history of core values, vital practices, and great contributions in Futures of the Past.
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Chapter 12: Interpretation
Francis J. Mootz III
Chapter 12: Interpretation, in Law and the Humanities: An Introduction (Austin Sarat, Matthew Anderson and Cathrine Franke eds., 2010).
This chapter from "Law and the Humanities: An Introduction," published by Cambridge University Press, surveys various theoretical approaches to interpretation, including natural law, analytical legal positivism, law as communication (originalism, intentionalism, and new textualism), and the hermeneutical turn. It then discuss the role of interpretation in contract law, statutory law and constitutional law, to situate the theories in practice.
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John Kirlin, Acting and Interim Dean, 1974-76
John J. Kirlin
The key roles that the University of Southern California's professional schools have played in promoting public affairs are brought into sharp focus in this detailed history, edited by a group of academic experts intimately involved in the development of the school. Through its School of Policy, Planning and Development, USC has taken a distinctive approach in pushing forward community enterprise on a local and global basis. The school was forged through a merger of its School of Public Administration and School of Urban Planning and Development, both of which were pioneers in their fields. This compilation was created as part of the 2009 celebration of SPPD's eighty years of widely shared academic inquiry, facilitation of learning, and advancement of civic and professional public practice. New generations seeking to sustain the school's tradition of leadership now have a detailed history that tells how amazing developments in technologies and systems enabled the university to successfully promote its ideals. USC Emeritus Dean of Gerontology, James Birren, sums it up well when he states, "You can't know where you are going until you understand where you have been." Recall the university's history of core values, vital practices, and great contributions in Futures of the Past.
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Law, Hermeneutics and Rhetoric
Francis J. Mootz III
Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
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The Kennedy Justice Department's Enforcement of Civil Rights: A View from the Trenches
Brian K. Landsberg
The Kennedy Justice Department's Enforcement of Civil Rights: A View from the Trenches, in The Kennedy Justice Department’s Enforcement of Civil Rights: A View from the Trenches, in John F. Kennedy History, Memory, Legacy: An Interdisciplinary Inquiry (John Delane Williams et al. eds., 2010) available at www.und.edu/instruct/jfkconference/.
Civil Rights Chronology, January 1961 -- November 1963, in The Kennedy Justice Department’s Enforcement of Civil Rights: A View from the Trenches, in John F. Kennedy History, Memory, Legacy: An Interdisciplinary Inquiry (John Delane Williams et al. eds., 2010) available at www.und.edu/instruct/jfkconference/.
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The politics of sharing water: International law, sovereignty, and transboundary rivers and aquifers
Stephen C. McCaffrey and Kate J. Neville
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United States: Corporate governance for publicly traded corporations
Arthur R. Pinto and Franklin A. Gevurtz
Introduction, Corporate governance has been described as “the system by which companies are directed and controlled.” Because of the importance of publicly traded corporations in society, there are significant issues over the focus of corporate governance, how power should be allocated within the corporation, and the role of law and non-legal mechanisms in protecting investors and other stakeholders and allowing those who manage to function effectively. Traditional concerns have focused on mismanagement and self-dealing, but modern scandals have focused on financial statements, risk management, and executive compensation. This chapter will look at the importance of the publicly traded corporation in the US and the influence of the focus of corporate governance, the nature of shareholder ownership, and federalism on the policy and laws concerning corporate governance. This chapter will focus on both the internal and external corporate governance mechanisms and the significant effect of scandals in corporate governance. US publicly traded corporations, The US has approximately 16,000 publicly traded corporations. At the end of 2008, there were over 6,000 listed companies on the New York Stock Exchange (“NYSE”) and the NASDAQ with a total domestic market capitalization of over US $11 trillion. Corporations during 2001 accounted for 60 percent of US gross domestic product (“GDP”). These corporations are not only major employers and taxpayers with a significant impact on the US economy, but also are an important repository for the savings of US citizens.
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On philosophy in American law
Francis J. Mootz III
In recent years there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of philosophy and law might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers 38 leading scholars working in law and philosophy to provide focused and straightforward articulations of the role that philosophy might play at this juncture of American legal history. The volume marks the 75th anniversary of Karl Llewellyn’s essay “On Philosophy in American Law,” in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings, and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. The essays are written in the spirit of Llewellyn’s article: they are succinct and direct arguments about the potential for bringing law and philosophy together.
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The Irrelevance of Contemporary Academic Philosophy for Law: Recovering the Rhetorical Tradition
Francis J. Mootz III
The Irrelevance of Contemporary Academic Philosophy for Law: Recovering the Rhetorical Tradition, in On Philosophy in American Law (Francis J. Mootz III, ed., Cambridge, 2009). And On Philosophy in American Law (Cambridge, 2011) (ed.).
This chapter appears in a volume of original essays, On Philosophy in American Law (Francis J. Mootz III ed., Cambridge Univ. Press 2009). I argue that the undeniable rift between philosophy and law is more than a simple dichotomy of theory and practice. Instead, the sharp distinction between philosophy and law occurred when both disciplines built insular guilds that employed distinctive vocabularies to distinguish themselves from rhetoric, and it is by returning to their roots in rhetoric that philosophy and law might find their common ground in the elucidation of rhetorical knowledge.
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Volume 1: Essentials of Insurance Law
Francis J. Mootz III
Volume 1: Essentials of Insurance Law, in New Appleman on Insurance Law Library Edition (Jeffrey E. Thomas, ed., LexisNexis, 2009) (ed., vol. 1).
Volume 1 –Essentials of Insurance Law
Topics include:
- Chapter 1 What is Insurance?
- Chapter 1A Self-insured Retentions Versus Large or Matching Deductibles
- Chapter 2 Agents and Brokers
- Chapter 3 The Contractual Relationship
- Chapter 4 Claims Processing
- Chapter 5 Insurance Policy Interpretation
- Chapter 6 Choice of Law
- Chapter 7 Dispute Resolution
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Volume 3: Commercial General Liability Insurance
Francis J. Mootz III
Volume 3: Commercial General Liability Insurance, in New Appleman on Insurance Law Library Edition (Jeffrey E. Thomas, ed., LexisNexis, 2009) (ed., vol. 3).
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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