All Books, Monographs, and Book Chapters by GGU Law Authors

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Vulnerable Populations and Transformative Law Teaching: A Critical Reader

Michele Benedetto Neitz

The essays included in this volume began as presentations at the March 19–20, 2010 “Vulnerable Populations and Economic Realities” teaching conference organized and hosted by Golden Gate University School of Law and co-sponsored by the Society of American Law Teachers (SALT). That conference, generously funded by a grant from The Elfenworks Foundation, brought together law faculty, practitioners, and students to reexamine how issues of race, gender, sexual identity, nationality, disability, and generally—outsider status—are linked to poverty. Contributors have transformed their presentations into essays, offering a variety of roadmaps for incorporating these issues into the law school curriculum, both inside the classroom as well as in clinical and externship settings, study abroad, and social activism. These essays provide glimpses into “teaching moments,” both intentional and organic, to help trigger opportunities for students and faculty to question their own perceptions and experiences about who creates and interprets law, and who has access to power and the force of law.

This book expands the parameters of law teaching so that this next generation of attorneys will be dedicated to their roles as public citizens, broadening the availability of justice.

Contributors include: John Payton; Richard Delgado; Steven W. Bender; Sarah Valentine; Deborah Post and Deborah Zalesne; Gilbert Paul Carrasco; Michael L. Perlin and Deborah Dorfman; Robin R. Runge; Cynthia D. Bond; Florence Wagman Roisman; Doug Simpson; Anne Marie Harkins and Robin Clark; Douglas Colbert; Raquel Aldana and Leticia Saucedo, Marci Seville; Deirdre Bowen, Daniel Bonilla Maldonado, Kathleen Neal Cleaver, Colin Crawford, and James Forman, Jr.; Susan Rutberg; Mary B. Culbert and Sara Campos; MaryBeth Musumeci, Elizabeth Weeks Leonard, and Brutrinia D. Arellano; Libby Adler; and Paulette J. Williams.

The editorial board includes Raquel Aldana, Steven Bender, Olympia Duhart, Michele Benedetto Neitz, Angela Onwuachi-Willig, Hari Osofsky, and Hazel Weiser.
Law and Outsiders: Norms, Processes and 'Othering' in the 21st Century

Benedetta Faedi Duramy

Author of chapter: What Have Women Got to do With Peace? A Gender Analysis of the Laws of War and Peacemaking.

Law and Outsiders is a collection of 13 essays from leading young scholars covering five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to the creation of twenty-first-century 'others' in areas such as domestic constitutional systems, international security and migration, and global human rights discourses. The essays are drawn from the second International Graduate Legal Research Conference, held at King's College London in June 2008.
Women Criminals: An Encyclopedia of People and Issues

Benedetta Faedi Duramy

Author of chapters: Lucrezia Borgia, Marquise de Brinvilliers, Catherine La Voisin, and Marquise de Montespan.

The two-volume Women Criminals: An Encyclopedia of People and Issues addresses both key topics and key figures in women's crime. The first volume provides topical essays about areas critical to the understanding of female criminals, such as the definition of women's crime, explanations of women's criminality, ethnic and age diversity in female criminals, and responses of the criminal justice system. The second volume comprises biographical entries profiling women who are obviously criminals, such as Aileen Wuornos and Myra Hindley, and also women who were victims of circumstance, unjust laws, or narrowly applied definitions of crime, such as Rosa Parks, Harriet Tubman, and Sophie Scholl.

In addition to highlighting the breadth of women's criminality, these portraits provide a holistic, multifaceted understanding of the dynamics of women's crime and why it occurs, connecting the individual stories to the larger social-scientific perspectives. Care has been taken to include the women's own voices and perspectives where possible and to address the intentions and reasoning of the system that responded to their criminality.
Vulnerable Populations and Transformative Law: Teaching A Critical Reader

Susan Rutberg

Author of chapter: Wrongfully Convicted: The Overrepresentation of the Poor.

The essays included in this volume began as presentations at the March 19–20, 2010 “Vulnerable Populations and Economic Realities” teaching conference organized and hosted by Golden Gate University School of Law and co-sponsored by the Society of American Law Teachers (SALT). That conference, generously funded by a grant from The Elfenworks Foundation, brought together law faculty, practitioners, and students to reexamine how issues of race, gender, sexual identity, nationality, disability, and generally—outsider status—are linked to poverty. Contributors have transformed their presentations into essays, offering a variety of roadmaps for incorporating these issues into the law school curriculum, both inside the classroom as well as in clinical and externship settings, study abroad, and social activism. These essays provide glimpses into “teaching moments,” both intentional and organic, to help trigger opportunities for students and faculty to question their own perceptions and experiences about who creates and interprets law, and who has access to power and the force of law.

This book expands the parameters of law teaching so that this next generation of attorneys will be dedicated to their roles as public citizens, broadening the availability of justice.
Vulnerable Populations and Transformative Law Teaching: A Critical Reader

Marci Seville

Author of chapter: Chinese Soup, Good Horses, and Other Narratives: Practicing Cross-Cultural Competence Before We Preach.

The essays included in this volume began as presentations at the March 19–20, 2010 “Vulnerable Populations and Economic Realities” teaching conference organized and hosted by Golden Gate University School of Law and co-sponsored by the Society of American Law Teachers (SALT). That conference, generously funded by a grant from The Elfenworks Foundation, brought together law faculty, practitioners, and students to reexamine how issues of race, gender, sexual identity, nationality, disability, and generally—outsider status—are linked to poverty. Contributors have transformed their presentations into essays, offering a variety of roadmaps for incorporating these issues into the law school curriculum, both inside the classroom as well as in clinical and externship settings, study abroad, and social activism. These essays provide glimpses into “teaching moments,” both intentional and organic, to help trigger opportunities for students and faculty to question their own perceptions and experiences about who creates and interprets law, and who has access to power and the force of law.

This book expands the parameters of law teaching so that this next generation of attorneys will be dedicated to their roles as public citizens, broadening the availability of justice.
International Criminal Law and Human Rights

Zakia Afrin

Author of chapter 12: Domestic violence and the need for an international legal response.

This explores the various dimensions of international criminal law and human rights and its functioning. The book comprises 13 articles written by distinguished Judges. Contributions are made by judges that have served on the International Criminal Tribunal for Yugoslavia (ICTY) and the European Court of Justice. The Acting High Commissioner of Human Rights, has also contributed a paper on the Human Rights Council. Each contribution explores a distinct theme in international criminal law, international humanitarian law and human rights, showing their impact on democracy and rule of law.
Bernhardt and Burkhart's Real Property in a Nutshell, 6th

Roger Bernhardt and Ann M. Burkhart

Most of the rules covered in standard real property casebooks are summarized in this concise work. For quick reference the text is divided into three sections. Part One overviews interests in land, such as adverse possession, common-law estates, and concurrent ownership. Part Two covers conveyances through real estate brokers, contract of sale, transfer of title by deed, and mortgages. Part Three concludes with a discussion on miscellaneous property doctrines.
Cyberspace Law Censorship and Regulation of the Internet

Johanna K.P. Dennis

Author of chapter 3: Owning Methods of Conducting Business in Cyberspace.
Domestic Violence and the Law in Colonial and Postcolonial Africa

Benedetta Faedi Duramy

Author of chapter: Domestic Violence as a Human Rights Violation: The Challenges of a Regional Human Rights Approach in Africa.

Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex.

Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination.

African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.
Yearbook of European Law, 2010

Helen E. Hartnell

Author of book review: A Cinderella Story: ‘Judicial Cooperation in Civil Matters’ Meets the Prince. Review Article of Eva Storskrubb, Civil Procedure and EU Law: A Policy Area Uncovered(Oxford University Press, 2008), 521 pages, £52.50, Hardback, ISBN 978-0-19-953317-6. Yearbook of European Law (2010) 29 (1): 483-495
Sustainable Development in World Investment Law

Paul S. Kibel

Author of chapter: Two Rivers Meet: At the Confluence of Crossborder Water Law and Foreign Investment Law.

Sustainable development, as defined by the World Commission on Environment and Development, is “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved.

This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Cases and Problems in Criminal Procedure: The Police, Fifth Edition

Myron Moskovitz

This unique coursebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer.

At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of recent cases which may give students a broader perspective on how courts are handling the issues raised by the main cases.

This book focuses on criminal procedure under the United States Constitution. Cases are edited sparingly, and many dissents and concurring opinions are included. The cases are presented in chronological order within a topic so that students can see how doctrines or laws developed historically.
The Great Dissents of the "Lone Dissenter" Justice Jesse W. Carter's Twenty Tumultuous Years on the California Supreme Court

David B. Oppenheimer and Allan Brotsky

Jesse W. Carter served as a justice on the California Supreme Court from 1939-1959, where he was known as “The Lone Dissenter” because he wrote so many solo dissents. Many of these opinions were in passionate defense of civil rights, civil liberties, and the rights of labor, criminal defendants, and personal injury victims. Several of the cases were reversed by the United States Supreme Court, or by later decisions of the California Supreme Court, adopting Justice Carter’s reasoning. This book combines essays on several of those dissents, written by faculty and friends of Golden Gate University School of Law, where Carter earned his law degree in 1913, as well as an essay on the role of dissenting opinions by another great dissenter, Justice William Brennan.
Transitional Authority in Iraq: Legitimacy, Governance and Potential Contribution to the Progressive Development of International Law

Zakia Afrin

What happens when a government is overthrown? How is a new governing body developed? Finally, which rights of the people need to be preserved in the process of state building? Dr. Zakia Afrin's book Transitional Authority in Iraq: Legitimacy, Governance and Potential Contribution to the Progressive Development of International Law, addresses these issues in the case of post conflict Iraq's developing governing body. The analysis focuses on the composition, legal authority, and effectiveness of the transitional powers in Iraq. A key point of focus is the development of the people's rights during the new government's formation. However, this book balances its analysis by pointing out the degradation of many human rights in Iraq, especially women's rights. Dr. Afrin's analysis and conclusions are practically applicable to future instances of new governance development as well as meriting study by comparative legal scholars. The book includes a reprint of the Law of the Administration for the State of Iraq for the Transitional Period, 2004.
California Mortgages, Deeds of Trust, and Foreclosure Litigation

Roger Bernhardt, Charles A. Hansen, and et al.

Foreclosures, loan modifications, and borrower bankruptcies—all in one book. Avoid costly mistakes with clear and concise direction from Roger Bernhardt, Chuck Hansen, and other experts; negotiate the best workouts with commercial forms.
Property Cases and Statutes, Second Edition

Roger Bernhardt; Joyce Palomar; and Patrick Randolph, Jr

This new first-year casebook is a unique blend of cases and real-world problems. The authors — nationally known for bridging the gap between theory and practice and collectively possessing more than 150 semesters of teaching first-year property — have created a book using thoughtful decisions by judges wrestling with contemporary problems.

This casebook concentrates on issues that are meaningful to students today as learners and will be vital to them later as attorneys. The authors have selected opinions that are intelligible as well as concise, so as to be quickly understood. Scarce class time is thereby made available to apply those rules to contemporary problems. Excerpts from opinions in related cases, statutes, and relevant articles follow each primary case to provide comprehensive overviews of every topic. The second edition includes a number of new decisions and features extensive prefacing to the cases, giving students greater guidance as to their significance.
Cases and Problems in Criminal Procedure: The Courtroom, Fifth Edition

Myron Moskovitz

Cases and Problems in Criminal Procedure: The Courtroom focuses on procedural issues that arise in the prosecution stage of a criminal case. This casebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer.

At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). Many of the problems have been modified to reflect recent cases. The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of cases which may give students a broader perspective on how courts are handling the issues raised by the main cases.
Environmental Justice Law, Policy & Regulation, 2nd ed.

Clifford Rechtschaffen, Eileen Gauna, and Catherine A. O'Neill

Environmental justice is a significant and dynamic contemporary development in environmental law. Rechtschaffen, Gauna and new coauthor O’Neill provide an accessible compilation of interdisciplinary materials for studying environmental justice, interspersed with extensive notes, questions, and a teacher’s manual with practice exercises designed to facilitate classroom discussion. It integrates excerpts from empirical studies, cases, agency decisions, informal agency guidance, law reviews, and other academic literature, as well as community-generated documents.

This second edition includes new chapters addressing climate change, international environmental justice, and a capstone case study. It also adds expanded coverage of risk and the public health, empirical environmental justice research, and environmental justice for American Indian peoples.
California Real Estate Finance, Fifth Edition

Roger Bernhardt, Daniel B. Bogart, Stephen W. Dyer, and Dan S. Schechter

Roger Bernhardt, Stephen Dyer, and their new co authors, Daniel Bogart and Dan Schechter have fully updated their casebook on California Real Estate Finance in this revised fifth edition. California Real Estate Finance not only takes account of important changes in state and federal substantive and statutory law, but goes further and addresses the controversial and important real estate issues so widely discussed today, including predatory lending and the collapse of the subprime mortgage market.

California law governing real estate is comprehensive and complex, fiercely so in the area of finance. Many California students will practice in this area, and the California Bar Exam does include finance as a subject area. Conventional law school real estate transactions courses often devote only a small fraction of their time to the important peculiarities of California doctrines, such as the one action and antideficiency rules. This book fills a critical need for students attending California law schools who intend to practice here. In order to fully explain the field of finance, the book regularly juxtaposes the rules and results in California with those in other jurisdictions, preparing students to carry their knowledge and newly acquired skills to other jurisdictions as well.
The Law of Environmental Justice: Theories and Procedures to Address Disproportionate Risks, Second Edition

Colin Crawford

Author of chapter 3: Other Civil Rights Titles.

Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. The Law of Environmental Justice comprehensively examines the sources of environmental justice law and how evolving regulations and important court decisions impact projects around the country.

In the years since the first edition published in 1999, many of the initial questions raised about environmental justice have been answered by the courts, most importantly by the U.S. Supreme Court in Alexander v. Sandoval, and the techniques for analyzing environmental justice conditions and impacts have been further developed and refined. Intended for lawyers on all sides of controversial issues, The Law of Environmental Justice is a clearly written, measured resource for those who counsel government agencies, corporations, environmental groups, individuals who have been harmed or are at-risk for exposure, and community or advocacy organizations. The 21 individual chapters, written by many of the leading practitioners and scholars in the field, are divided into three categories: legal theories, legal procedures, and legal objectives. Among the topics covered are federal and state regulations and programs, Native American law, access to information, impact and risk assessment, access to the courts, ethics and evidentiary issues, challenges to permits for new facilities and controlling existing facilities, brownfields, residential and workplace exposure, and tort remedies and litigation strategies.
Intellectual Property

William T. Gallagher

This book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to the significance of intellectual property in contemporary processes of globalization and political economy.
Rivertown: Rethinking Urban Rivers

Paul S. Kibel

Today's urban riverfronts are changing. The decline of river commerce and riverside industry has made riverfront land once used for warehouses, factories, and loading docks available for open space, parks, housing, and nonindustrial uses. Urban rivers, which once functioned as open sewers for cities, are now seen as part of larger watershed ecosystems. Rivertown examines urban river restoration efforts across the United States, presenting case studies from Los Angeles; Washington, D.C.; Portland, Oregon; Chicago; Salt Lake City; and San Jose. It also analyzes the roles of the federal government (in particular, the U.S. Army Corps of Engineers) and citizen activism in urban river politics. A postscript places New Orleans's experience with Hurricane Katrina in the broader context of the national riverside land-use debate.

Contributors:
Andrea Misako Azuma, Uwe Steven Brandes, Robert Gottlieb, Mike Houck, Paul Stanton Kibel, Ron Love, Richard Roos-Collins, Melissa Samet, Christopher Theriot, and Kelly Tzoumis
Winning an Appeal, Fourth Edition

Myron Moskovitz

This book is designed to address the substance of an appeal: how to win. The text of the book explains the principles of appellate advocacy. The appendix contains three sample briefs applying the principles. Introductory text before each brief provides a description of the thinking behind the brief.
Criminal Procedure: A Worldwide Study, 2nd ed.

Rachel A. Van Cleave

Author of chapter: Italy.

This book presents, for the first time, a comprehensive comparison of criminal procedure law — whether arising from rules or court decisions — of countries around the world. An overview chapter by editor Craig Bradley is followed by thirteen chapters on a variety of countries, written either by a leading academic from that country or an American with substantial expertise in that country. One focus of the book is, of course, the rules of criminal procedure, beginning with the first encounter of police with a subject, continuing through the trial, and finishing with the post-trial review process. A less obvious goal of the book — and one that is missing in most such comparative discussions — is to present what really goes on in each country, regardless of what the formal rules may provide. The combination of authors who are intimately familiar with the procedures of each country, and an editor from outside that country who continually presses the authors to disclose the reality behind the rules, is one of the unique features of the book.

Rule enforcement is a particular emphasis of the book. Other topics presented include those of interest to police — the requirements for both search warrants and warrantless searches; interrogation rules and identification procedures, including lineups; obtainment of blood samples, etc. — as well as court procedures, including the right to council, pretrial procedures, the trial itself, and the nature and availability of appeals. Criminal Procedure presents a thorough description of comparative criminal law both as written and as practiced.
Defending Our Dreams: Global Feminist Voices for a New Generation

Zakia Afrin

Author of chapter 11: Human rights instrument that works for women: the ICC as a tool for gender justice.

This book brings together analyses by feminists of diverse identities on themes including women's rights and economic change, new technologies, sexuality, feminist organizations and movements. It presents key issues arising out of the experiences of young women living in both North and South, the challenges confronting young feminists, and the agenda for a new era of feminist leadership and activism.