Below are book chapters or sections authored by GGU Law faculty.
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The Social History of the American Family: An Encyclopedia
Benedetta Faedi Duramy
Author of chapter: Community Property.
The American family has come a long way from the days of the idealized family portrayed in iconic television shows of the 1950s and 1960s. The four volumes of The Social History of the American Family explore the vital role of the family as the fundamental social unit across the span of American history. Experiences of family life shape so much of an individual’s development and identity, yet the patterns of family structure, family life, and family transition vary across time, space, and socioeconomic contexts. Both the definition of who or what counts as family and representations of the “ideal” family have changed over time to reflect changing mores, changing living standards and lifestyles, and increased levels of social heterogeneity.
Features:
- Approximately 600 articles, richly illustrated with historical photographs and color photos in the digital edition, provide historical context for students.
- A collection of primary source documents demonstrate themes across time.
- The signed articles, with cross references and Further Readings, are accompanied by a Reader’s Guide, Chronology of American Families, Resource Guide, Glossary, and thorough index.
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California Environmental Law and Land Use Practice
Clifford Rechtschaffen
Author of Chapter 54: Enforcement of Hazardous Waste Management Requirements.
California Environmental Law and Land Use Practice is an essential tool in keeping up with the constant changes in science, technology and energy regulations forming California public policy. Updated twice a year, this invaluable collection brings together expert, highly focused analysis on all major areas of California environmental and land use law including the most recent legislation, regulations, and case law. The emerging issue of climate change is also covered.
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Internal Flexibility and Innovation in the Workplace
Marci Seville
Author of Chapter: Innovación en el trabajo y futuro de los sindicatos en Estados Unidos (Innovation in the Workplace and the Future of Unions in the Untied States).
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Cultural Sociology of Divorce: An Encyclopedia
Benedetta Faedi Duramy
Author of chapter: Property Distribution.
While the formal definition of divorce may be concise and straightforward (legal termination of a marital union, dissolving bonds of matrimony between parties), the effects are anything but, particularly when children are involved. The Americans for Divorce Reform estimates that “40 or possibly even 50 percent of marriages will end in divorce if current trends continue.” Outside the U.S., divorce rates have markedly increased across developed countries. Divorce and its effects are a significant social factor in our culture and others. It might be said that a whole “divorce industry” has been constructed, with divorce lawyers and mediators, family counselors, support groups, etc. As King Henry VIII’s divorces showed, divorce has not always been easy or accepted. In some countries, divorce is not permitted and even in Europe, countries such as Spain, Italy, Portugal, and the Republic of Ireland legalized divorce only in the latter quarter of the 20th century. This multi-disciplinary encyclopedia covers curricular subjects related to divorce as examined by disciplines ranging from marriage and the family to anthropology, social and legal history, developmental and clinical psychology, and religion, all through a lens of cultural sociology.
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Untold Stories: The Hidden Histories of War Crimes Trials
Benedetta Faedi Duramy
Author of chapter: Making Peace with the Past: Federal Republic of Germany's Accountability for World War II Massacres Before the Italian Supreme Court.
Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides an essential resource for a more comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognising institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognises international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And - perhaps most important of all - how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?
Many of the trials examined in this book have hardly ever before been discussed; others have been examined only in the most cursory manner. Indeed, until now, no volume has been dedicated to telling the story of these trials, that have yet to find a place in the international criminal law canon. Providing a detailed analysis of these trials, which took place in Europe, Africa, South America, and Australasia, in both historical and contemporary contexts, this book is essential reading for anyone concerned with the development of international criminal law. -
Democracy in Bangladesh
Zakia Afrin
Author of chapter: The Chittagong Hill Tracts Peace Accord: Autonomy and Related Issues.
This Volume is based on selected papers from two conferences on Bangladesh at Harvard University in 2008 and 2009. It covers a variety of challenging topics, ranging from linkages between democracy and security to effects of a given electoral system on political stability, micro- national autonomy for sub-regional peace, terrorism and its counter-forces. It also covers the role of NGOs in development and social change, intra-regional cooperation in conflict mitigation, and refugee related violence in South Asia. A common theme that runs through the eight chapters of this volume is the felt need for multidimensional interactions in the continuous search for a common ground on which negotiations could take place for the resolutions of issues, problems and conflicts at different socio-political and economic levels.
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Berkshire Encyclopedia of Sustainability Vol. 1-10: Knowledge to Transform Our Common Future
Colin Crawford
Author of entries on New Orleans, United States and Rio de Janeiro, and Brazil in vol. 8: The Americas and Oceania: Assessing Sustainability.
In the 10-volume Berkshire Encyclopedia of Sustainability, experts around the world provide authoritative coverage of the growing body of knowledge about ways to restore the planet. Focused on solutions, this interdisciplinary print and online publication draws from the natural, physical, and social sciences - geophysics, engineering, and resource management, to name a few - and from philosophy and religion. The result is a unified, organized, and peer-reviewed resource on sustainability that connects academic research to real world challenges and provides a balanced, trustworthy perspective on global environmental challenges in the 21st century.
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Greening Local Government: Legal Strategies for Promoting Sustainability, Efficiency, and Fiscal Savings
Colin Crawford and Brandon David Sousa
Co-Author of Chapter 20: Greening New Orleans City Government after Katrina.
This volume is a compilation of essays and research related to the rapidly changing dynamics of emerging government-focused sustainability efforts at the state and local levels. Specifically, the book explores the level of experimentation taking place by governments in their quest to become more "green." The book is organized into three main issue areas: greening of governmental operations; using land use planning and community development tools to create greener communities; and litigation issues surrounding the green movement. There are countless approaches and creative strategies that can achieve sustainability goals and at the same time, make government more efficient, less costly and more transparent. This book is designed to introduce government lawyers to opportunities and benefits when lawmakers and policymakers rethink "business as usual" in the name of sustainability and "greener" governments. Each chapter identifies the legal tools that can be used to accomplish these goals in a given topic area, and each chapter identifies legal issues for consideration by government lawyers to best accommodate new approaches and to incorporate the use of emerging technological innovations.
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Conflict-Related Sexual Violence: International Law, Local Responses
Benedetta Faedi Duramy
Author of chapter: Gender-based Violence, Help Seeking and Criminal Justice Recourse in Haiti.
The authors of this groundbreaking book explore the gap between policy and practice in international responses to conflict-related sexual violence. Drawing on their research in Africa, Asia, the Caribbean, Europe, and Latin America, they offer fresh perspectives on, and practical approaches to, achieving justice for women who have survived wartime sexual assault.
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Reforming Legal Education: Law Schools at the Crossroads
Rachel A. Van Cleave
Author of chapter 6: Promoting Experiential Learning at Golden Gate University School of Law.
In today’s volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession.
It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective reform efforts. Each contributed chapter presents a case study of a data-driven curriculum reform effort. The initial chapters set the conceptual context for the book, while the final chapter offers summative recommendations for considering legal education reform as derived from the earlier case study chapters. This book adds significantly to the literature in legal education, as we gain first hand insight into evidence based reform for the legal education community. -
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.
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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.
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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.
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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.
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Cyberspace Law Censorship and Regulation of the Internet
Johanna K.P. Dennis
Author of chapter 3: Owning Methods of Conducting Business in Cyberspace.
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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
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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.
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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.
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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.
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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.
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California Attorney's Guide to Damages
Myron Moskovitz
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.
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The Oxford Companion to American Law
Roger Bernhardt
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. -
Margins in European Integration
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.