Below are book chapters or sections authored by GGU Law faculty.
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.
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.
Johanna K.P. Dennis
Author of chapter 3: Owning Methods of Conducting Business in Cyberspace.
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.
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
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.
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.
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.
Author of chapter: Landlord-Tenant. Co-authored by Diana D. Sam
Learn how to quickly evaluate a case and determine the appropriate range of damages in actions across many practice areas: Contract, Real estate seller/buyer, Labor, Landlord/tenant, Injury to property, Intellectual property infringement and misappropriation, Tax aspects.
Author of section: Real Property.
A landmark in legal publishing, The Oxford Companion to the Supreme Court is a now classic text many of whose entries are regularly cited by scholars as the definitive statement on any particular subject. In the tradition of that work, editor in chief Kermit L. Hall offers up The Oxford Companion to American Law, a one-volume, A-Z encyclopedia that covers topics ranging from aging and the law, wiretapping and electronic eavesdropping, the Salem Witch Trials and Plessy vs. Ferguson.
The Companion takes as its starting point the insight that law is embedded in society, and that to understand American law one must necessarily ask questions about the relationship between it and the social order, now and in the past. The volume assumes that American law, in all its richness and complexity, cannot be understood in isolation, as simply the business of the Supreme Court, or as a list of common law doctrines. Hence, the volume takes seriously issues involving laws role in structuring decisions about governance, the significance of state and local law and legal institutions, and the place of American law in a comparative international perspective. Nearly 500 entries are included, written by over 300 expert contributors.
Intended for the working lawyer or judge, the high school student working on a term paper, or the general adult reader interested in the topic, the Companion is the authoritative reference work on the subject of American law.
Helen E. Hartnell
Author of chapter: European Integration through the Kaleidoscope: The View from the Central and Eastern European Margins.
Margins in European Integration explores a new, important perspective for an expanding Europe: that as integration attempts to accommodate to an ever greater kaleidoscope of economic interests and political positions, margins and marginality become visible, perpetual features of the 'integrated Europe, and permanent elements in the dynamics shaping it.
Helen E. Hartnell
Author of Chapter 2: European integration through the kaleidoscope : the view from the Central and East European margins.
This book explores a new, important perspective for an expanding Europe. As integration attempts to accommodate to an even greater kaleidoscope of economic interests and political positions, margins and marginality become visible, perpetual features of the "integrated" Europe, and permanent elements in the dynamics shaping it. The essays here examine forces which create margins and shape core-periphery relations.
Author of chapter 42: Felony Appeals.