California Western School of Law

California Western School of Law
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    2208 research outputs found

    Stuck in a Rut: The Role of Creative Thinking in Problem Solving and Legal Education

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    This article focuses on the mental process of creative thinking. We discuss what it is, why we have difficulty engaging in it, and how we can overcome this difficulty through specific techniques and a more conducive environment. Creative thinking is an essential component to problem solving. In training future lawyers, we must do a better job of incorporating and supporting creative thinking in legal education. We conclude the article with a description of some of our efforts toward this objective

    Recognition of the Rights of Homosexuals: Implications of Lawrence v. Texas

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    Stubbornness of Pretexts

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    This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence

    Definitions for the 1982 Law of the Sea Convention--Part II

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