Dylan Malagrino
Associate Dean for Faculty Research & Development; Professor of Law
Articles
Beach Please: Implementing a New England Coastal States Open Beach Access Act, 47 U.C. Davis Environs: Envtl. L. & Pol'y J. 241 (2024).
Constitutional Perspectives on Historic Preservation Law: Mediating the Balance between Private Owners and Their Historic Properties, 91 Miss. L.J. 389 (2023).
Jurassic Law: South Carolina's Paleontology and Its Connection with the Legal Field, (with Addison L. Osborne), 34 S.C. Law. 24 (2022).
May They Play: Soule v. Connecticut Association of Schools, Inc., Title IX, and a Policy of Inclusion for High School Transgender Athletes without Prerequiring Hormone Therapy or Puberty Blockers, 31 Marq. Sports L. Rev. 35 (2020).
Among Justice John Paul Stevens's Landmark Legacies: Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 53 Creighton L. Rev. 77 (2019). Available at [Hein].
Why Are We Still Debating Free(er) Trade? The Current Brand of Modern Economic Nationalism Is Willing to Sacrifice Overall Prosperity for Relative, and Unlikely, Global Supremacy, 47 Fla. St. U.L. Rev. 1 (2019).
Change: A Constant Variably Defined - Law and Anthropology Perspectives on Historical Changes to the Rule of Law, 41 N. Ky. L. Rev. 93 (2014). [Hein].
Off the Board: NCAA v. Christie Challenges Congress to Move the Line on the Professional and Amateur Sports Protection Act, 118 Penn St. L. Rev. 375 (2013).
The Myth of the Full Ride: Cheating Our Collegiate Athletes and the Need for Additional NCAA Scholarship-Limit Reform, 65 Okla. L. Rev. 605 (2013).
Hold Your Fire: The Injustice of NCAA Sanctions on Innocent Student Athletes, 11 Va. Sports & Ent. L.J. 432 (2012). Available at [Hein].
Applying Communal Theories to Urban Property: An Anthropological Look at Using the Elaboration of Common Property Regimes to Reduce Social Exclusion from Housing Markets, 10 U.C. Davis Bus. L.J. 33 (2009). Available at [Hein].
Foreword, 4 San Diego Int'l L.J. 1 (2003).
Books
LAND USE AND ZONING LAW: PLANNING FOR ACCESSIBLE COMMUNITIES, (with Robin Paul Malloy), 2d ed., Durham, NC: Carolina Academic Press, 2022.
Book Chapters & Book Contributions
Constitutional Perspectives on Historic Preservation Law: Mediating the Balance Between Private Owners and their Historic Properties, to be included in the anthology, Zoning and Planning Law Handbook, Thomson Reuters, forthcoming.
Discriminatory Zoning: City of Edmonds v. Oxford House. A Case Study on Dismantling City-Imposed Family Composition Mandates. In INTEGRATING DOCTRINE AND DIVERSITY: INCLUSION & EQUITY BEYOND THE FIRST YEAR, (Nicole P. Dyslewski, et al., ed.), Durham, NC: Carolina Academic Press (2024).
Deconstructing Discrimination within Common Interest Communities: Hill v. Community of Molokai: A case Study on Combating AIDS Panic in Your Neighborhood. In INTEGRATING DOCTRINE AND DIVERSITY: INCLUSION & EQUITY IN THE LAW SCHOOL CLASSROOM, (Nicole P. Dyslewski, et al., ed.), Durham, NC: Carolina Academic Press (2021).
Editorials and Commentaries
Commentary, How Linda McMahon as Dept. of Ed Head May Impact Sports, by David Steele, (Nov. 27, 2024), [Lexis Law 360].
Sex Testing in Sports: An Uneasy Resolution—Last in a Two-Part Series, Publications Daily Journal (Dec. 14, 2009).
Distinguishing Sex in Sports—First in a Two-Part Series, Daily Journal (Dec. 11, 2009).
Call to Review ‘Over-Seizing’ Test Results, Daily Journal (Nov. 24, 2009).
Pro Athletes Score Big, Daily Journal (Sept. 24, 2009).
NCAA Settlement Is Not Enough. Legislative Reform Necessary, The Recorder (Sept. 2008).
Taser Stun-Gun Verdict Supports Litigation as Means for Solving Social Issues, Trial Bar News (Aug./Sept. 2008).
Land Trusts to Fight Housing Crisis, San Diego Daily Transcript (Jul. 16, 2008).
New Reproductive Technologies Show Kinship is a Bond Beyond Nature, San Diego Business Journal (Jun. 16–22, 2008).
Ninth Circuit Reconsidering Website Provider Liability for Using Discriminatory Questions in Violation of the Fair Housing Act to Match Roommates, Trial Bar News (Mar. 2008).
Federal Preemption Hits Below the Belt, Stopping Common-Law Products Liability Claims for Pre-Market Approved Medical Devices, Trial Bar News (Feb. 2008).
Method to Bifurcate Class Actions for Common Determinations When Damages Issues are Not Appropriate for Class Treatment, Trial Bar News (Jan. 2008).
Aid proposal lets athlete be student, The NCAA News (Dec. 22, 2003).
SAAC: Make sure eligibility means access, The NCAA News (Sept. 30, 2002).
Leadership must start at the regional level, The NCAA News (Aug. 19, 2002).
Athletes say hats off to removing the cap, The NCAA News (June 10, 2002).
Conferences & Presentations
Forthcoming 2025. Paper presentation. Why are We Still Debating Free(er) Trade?, 47 Fla. St. U.L. Rev. Online (2019). Naples Discussion Group (NDG), Florida Gulf Coast University.
Summer 2025. Panelist, Normative Issues in Land Use & Property Law," discussing Professor Malagrino's work-in-progress, "Equitable Takings and the Limits to their Normative Grounds." SEALs Conference, details forthcoming.
June 2024. Presenter. Beach Please: Implementing a New England Coastal States Open Beach Access Act, Association for Law, Property & Society (ALPS). Caruso School of Law, Pepperdine University.
Jan. 2023. Presenter. Donuts with Dean Malagrino. CSOL Student Wellness Program.
Nov. 2023. Panelist. NCAA College Athletes' Name, Image, and Likeness Rights. CSOL Entertainment Arts & Sports Law Society.
Nov. 2023. Moderator. Weight of the World: Striking a Balance Between Economic Growth and Environmental Conservation. Real Estate Society/Environmental Law Society/Pro Bono Law Society Professionalism Event.
Feb. 20, 2010. Presenter. The Lure of the 'Full Ride': Cheating Our Top Athletes and the Need for Legislative Reform of NCAA Scholarship Limits. Pacific Southwest Academy of Legal Studies in Business - Annual Conference.
Sept. 16, 2009. Presenter. Change: A Constant Variably Defined - A look at how the disciplines of anthropology and law differ in their interpretations of legal change. La Verne Law Legal Studies Faculty Scholarship Series.
Sept. 5, 2009. Presenter. Change: A Constant Variably Defined - A look at how the disciplines of anthropology and law differ in their interpretations of legal change. Southern California Regional Junior Law Faculty Workshop.
Feb. 13, 2009. Presenter. The Drug Testing of Athletes and Still-Open Legal Questions. A Smattering from the Science of Cycling Symposium, Davis, CA.
Other
Popular Press
Quote, Ben Sisario and Steve Knopper, Dispute Over James Brown Estate Largely Ends as Heirs Agree on Plan, New York Times (July 15, 2021), https://www.nytimes.com/2021/07/15/arts/music/james-brown-estate-settlement.html.
Quote. Emily Kirkpatrick, James Brown's Estate is Reportedly Almost Settled Nearly 15 Years After His Death, Vanity Fair (July 15, 2021), https://www.vanityfair.com/style/2021/07/james-brown-estate-disputes-almost-over-15-years-later-lawsuits-children-partners-administrators.
Quote. Steve Knopper, James Brown's Will: It It Inching Toward Closure After 14 Years?, New York Times (June 25, 2020), https://www.nytimes.com/2020/06/25/arts/music/james-brown-will.html.
Quote. Daniel Schere, UNC keeps tabs on classes with clusters of athletes, The Daily Tar Heel (Apr. 16, 2014 4:27 PM), https://www.dailytarheel.com/article/2014/04/unc-keeps-tabs-on-classes-with-clusters-of-athletes.
Quote. Yahoo Sports, Can NFL teams ask Manti Te'o if he's gay? Depends on which teams are doing the asking, Yahoo! Sports (Fed. 26 2013), https://sports.yahoo.com
Quote. Jodi Upton and Kristen Novak, College athletes cluster majors at most schools, USA TODAY (2008), usatoday.com.
Jurisprudence
Citing Off the Board: NCAA v. Christie Challenges Congress to ‘Move the Line’ on the Professional and Amateur Sports Protection Act,” 118 PENN. ST. L. REV. 375 (2013)
Brief Amicus Curiae of Pacific Legal Foundation and Cato Institute in Support of Petitioners at 11, Christie v. Nat'l Collegiate Athletic Ass'n., 573 U.S. 931 (2014) (No. 13-967).
Working Papers
South Carolina Estate Planning and Will Drafting with Forms. LexisNexis Global. (Forthcoming 2025).
Co-author. Untitled. (co-authors Kevin Eberle and Brian Turner, Executive Director of the Preservation Society of Charleston). ABA Real Property & Trust Section (RPTE). Intersection of Law and Historic Preservation. Forthcoming unknown date.
"Equitable Takings and the Limits to their Normative Grounds," forthcoming.