This series contains published materials, and working papers, produced by law faculty at Santa Clara University's School of Law. Most of these materials have been published in law reviews and journals, practice materials, and other published sources of legal analysis and commentary.

Follow

Submissions from 2011

PDF

Interring the Pioneer Invention Doctrine, Brian J. Love

PDF

Is the Copyright Public Domain Irrevocable?: An Introduction to Golan v. Holder, Tyler T. Ochoa

PDF

Leveraging Externship Opportunities to Provide Benchmark Experiences and Skills for Practice, Sandee Magliozzi and Susan Beneville

PDF

Like Deck Chairs on the Titantic: Why Spectrum Reallocation Won't Avert the Coming Data Crunch But Technology Might Keep the Wireless Industry Afloat, Brian J. Love, David J. Love, and James V. Krogmeier

PDF

No Exception to the Rule: The Unconstitutionality of State Immigration Enforcement Laws, Pratheepan Gulasekaram

PDF

Normative Elements of Parole Risk, W. David Ball

PDF

Online User Account Termination and 47 U.S.C. §230(c)(2), Eric Goldman

PDF

Patent Amicus Briefs: What the Courts’ Friends Can Teach us about the Patent System, Colleen Chien

PDF

Planning for Same-Sex Couples in 2011, Patricia A. Cain

PDF

Predicting Patent Litigation, Colleen Chien

PDF

Protecting Domestic Industries at the ITC, Colleen Chien

PDF

Revisiting Search Engine Bias, Eric Goldman

PDF

Santa Clara Law 1911-2010: Centennial Faculty Bibliography, Mary D. Hood

PDF

State Cooperation & the International Criminal Court: A Role for the United States?, Beth Van Schaack

PDF

Tax Neutrality and Tax Amenities, David M. Hasen

PDF

The Aggression Amendments: Points of Consensus and Dissension, Beth Van Schaack

PDF

The Crime of Aggression and Humanitarian Intervention on Behalf of Women, Beth Van Schaack

PDF

The Partisan Dimensions of Federal Preemption in the United States Courts of Appeals, Bradley W. Joondeph

PDF

The Principle of Legality in International Criminal Law, Beth Van Schaack

PDF

The Public Choice Problem in Corporate Law: Corporate Social Responsibility After Citizens United, David Yosifon

PDF

Towards a Firm-Based Theory of Consumption, David Yosifon

PDF

Why Should States Pay For Prisons, When Local Officials Decide Who Goes There?, W. David Ball

Submissions from 2010

PDF

An Empirical Assessment of the Potential for Will Substitutes to Improve State Intestacy Statutes, Mary Fellows, E. Gary Spitko, and Charles Strohm

PDF

Brave New Eugenics: Regulating Assisted Reproductive Technologies in the Name of Better Babies, Kerry L. Macintosh

PDF

Criminal Justice Information Sharing: A Legal Primer for Criminal Practitioners in California, W. David Ball and Robert Weisberg

PDF

Ensuring Presentations by Practicing Lawyers Engage Students, Sandee Magliozzi and Susan P. Beneville

PDF

E Pluribus Unum: Data and Operations Integration in the California Criminal Justice System, W. David Ball

PDF

Financial Options in the Real World: An Economic and Tax Analysis, David M. Hasen

PDF

From Arms Race to Marketplace: The Complex Patent Ecosystem and Its Implications for the Patent System, Colleen Chien

PDF

International Service for Human Rights Dossier on the International Criminal Court, Beth Van Schaack

PDF

Language Assistance and Local Voting Rights Law, Angelo N. Ancheta

PDF

Legacy: Professor P. Wilkins, William J. Woodward Jr.

PDF

Legal Transitions and the Problem of Reliance, David M. Hasen

PDF

Limits on Duration of Copyright: Theories and Practice, Tyler T. Ochoa

PDF

Negotiating at the Interface of Power and Law: The Crime of Aggression, Beth Van Schaack

PDF

New Perspectives on Brady and Other Disclosure Obligations: Report of the Working Groups on Best Practices: External Regulation, Kathleen M. Ridolfi

PDF

Pharmaceutical Reverse Payment Settlements: Presumptions, Procedural Burdens, and Covenants Not to Sue Generic Drug Manufacturers, Catherine J. K. Sandoval

PDF

Proposed Combination of Comcast and NBC-Universal, Allen S. Hammond IV and United States House of Representatives, Committee on the Judiciary

PDF

Protection for Works of Foreign Origin Under the 1909 Copyright Act, Tyler T. Ochoa

PDF

Review of Initiatives by the California Supreme Court, 2000-2010, Gerald F. Uelmen

PDF

Six Cases in Search of a Decision: The Story of In re Marriage Cases, Jean C. Love and Patricia A. Cain

PDF

Sorry Seems to be the Hardest Word: The Fair Sentencing Act of 2010, Crack, and Methamphetamine, Kyle Graham

PDF

Taxation of Domestic Partner Benefits: The Hidden Costs, Patricia A. Cain

PDF

The Civil Case at the Heart of Criminal Procedure: In re Winship, Stigma, and the Civil-Criminal Distinction, W. David Ball

PDF

‘The Grass that Gets Trampled When Elephants Fight’: Will the Codification of the Crime of Aggression Protect Women?, Beth Van Schaack

PDF

The Many Paths of Environmental Practice: A Response to Professor Bonine, Kenneth A. Manaster

PDF

"The People" of the Second Amendment: Citizenship and the Right to Bear Arms, Pratheepan Gulasekaram

PDF

The Political Dimensions of Federal Preemption in the United States Courts of Appeals, Bradley W. Joondeph

PDF

The Regulation of Reputational Information, Eric Goldman

PDF

The Synergistic Evolution of Liberty and Equality in the Marriage Cases Brought by Same-Sex Couples in State Courts, Jean C. Love

PDF

Thirteen Ways of Looking at Buck v. Bell: Thoughts Occasioned by Paul Lombardo's "Three Generations, No Imbeciles", Michelle Oberman

PDF

Why Did China Reform Its Death Penalty?, Kandis Scott

PDF

Wikipedia's Labor Squeeze and Its Consequences, Eric Goldman

Submissions from 2009

PDF

Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack

PDF

Brand Spillovers, Eric Goldman

PDF

Business, The Roberts Court, and the Solicitor General: Why the Supreme Court's Recent Business Decisions May Not Reveal Very Much, Sri Srinivasan and Bradley W. Joondeph

PDF

Cash Businesses and Tax Evasion, Susan Morse, Stewart Karlinsky, and Joseph Bankman

PDF

CLEPR Anniversary Remarks Regarding Judge Dorothy Wright Nelson, Lisa A. Kloppenberg

PDF

Consumer Interest in Corporate Law, David Yosifon

PDF

Contextualizing Varnum v. Brien: A "Moment" in History, Patricia A. Cain

PDF

Copyright Law: The Last Five Years of Journal Coverage, Tyler T. Ochoa

PDF

Death Penalty Appeals and Habeas Proceedings: The California Experience, Gerald F. Uelmen

PDF

Disclosure, Deception, and Deep-Packet Inspection: The Role of the Federal Trade Commission Act's Deceptive Conduct Prohibitions in the Net Neutrality Debate, Catherine J. K. Sandoval

PDF

DOMA and the Internal Revenue Code, Patricia A. Cain

PDF

Educating Problem Solving Lawyers for Our Profession and Communities, Lisa A. Kloppenberg

PDF

Eva and Her Baby (A story of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, and Death), Michelle Oberman

PDF

Exempting High-Level Employees and Small Employers from Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko

PDF

Ford and UAW Enter Derivatives Market, Stephen F. Diamond

PDF

Heinous, Atrocious, and Cruel: Apprendi, Indeterminate Sentencing, and the Meaning of Punishment, W. David Ball

PDF

How Will You Thrive in an Uncertain Economy?, Sandee Magliozzi and Susan P. Beneville

PDF

Leadership Skills Development Is Lawyer Skills Development, Sandee Magliozzi and Michele L. Bendekovic

PDF

Obstacles on the Road to Gender Justice: The International Criminal Tribunal for Rwanda as Object Lesson, Beth Van Schaack

PDF

Of Trolls, Davids, Goliaths, and Kings: Narratives and Evidence in the Litigation of High-Tech Patents, Colleen V. Chien

PDF

Place Matters (Most): An Empirical Study of Prosecutorial Decision-Making in Death-Eligible Cases, David Sloss, Katherine Barnes, and Stephen Thaman

PDF

Pregnancy Discrimination and Social Change: Evolving Consciousness About a Worker's Right to Job-Protected, Paid Leave, Patricia Shiu and Stephanie Wildman

PDF

Pro Bono: Assessing Aims and Achievement, Lisa A. Kloppenberg and Lori E. Shaw

PDF

Sanctuary Policies & Immigration Federalism: A Dialectic Analysis, Pratheepan Gulasekaram and Rose Villazor

PDF

Teaching Torture, Beth Van Schaack and Ron Slye

PDF

The Constitutional Right to a Treaty Preemption Defense, David Sloss

PDF

The Emergence of Global Environmental Law, Tseming Yang and Robert V. Percival

PDF

The Misuse of Reasonable Royalty Damages as a Patent Infringement Deterrent, Brian J. Love

PDF

The Poetry of Persuasion: Early Literary Theory and Its Advice to Legal Writers, Stephen Smith

PDF

The Rise of Two-Year Programs?: Transcript of Proceedings, Lisa A. Kloppenberg

PDF

The Third Way: Mediation of Products Claims in the Piper Aircraft Trust, William J. Woodward Jr.

Thirteen Ways of Looking at Buck v. Bell, Michelle Oberman

PDF

Unmarried Couples and the Mortgage Interest Deduction, Patricia A. Cain

PDF

Use Coaching To Develop Your Lawyers’ Skills And Expand Your Firm’s Potential, Sandee Magliozzi and Susan P. Beneville

PDF

Using Salience and Influence to Narrow the Tax Gap, Susan Morse

PDF

Voice for the Voiceless: The Case for Adopting the "Domestic Abuse Syndrome" for Self Defense Purposes for All Victims of Domestic Violence Who Kill Their Abusers, Nancy A. Wright

Submissions from 2008

PDF

A Constitutional Analysis of Parents Involved in Community Schools v. Seattle School District No. 1 and Voluntary School Integration Policies, Angelo N. Ancheta

PDF

Antitrust Language Barriers: First Amendment Constraints on Defining an Antitrust Market by a Broadcast's Language, and Its Implications for Audiences, Competition, and Democracy, Catherine J. K. Sandoval

PDF

"Control" in Reorganization Law and Practice in China and the United States: An Essay on the Study of Contrast, William J. Woodward Jr.

PDF

Crimen Sine Lege: Judicial Lawmaking at the Intersection of Law and Morals, Beth Van Schaack

PDF

Educating Law Students for Leadership and Responsibilities, Donald J. Polden

PDF

Engendering Genocide: The Akayesu Case Before the International Criminal Tribunal for Rwanda, Beth Van Schaack

PDF

Excerpts from Transcript of Proceedings: Systemic Issues and the Media, Gerald F. Uelmen, Karen Smith, and Henry Weinstein

PDF

Federalism, the Rehnquist Court, and the Modern Republican Party, Bradley W. Joondeph

PDF

Finding the Tort of Terrorism in International Law, Beth Van Schaack

PDF

Foreward, David Sloss

PDF

Judging Vanessa: Norm Setting and Deviance in the Law of Motherhood, Michelle Oberman