Law Commons^™

If You Give A Mouse A Cookie: California's Section 11135 Fails To Provide Plaintiffs Relief In Darensburg V. Metropolitan Transportation Commission, Kate Baldridge

Golden Gate University Law Review

This Note examines Darensburg and the evidentiary problems faced by plaintiffs entangled in the bus-versus-rail controversy that are inherent to disparate-impact litigation. Part I discusses the factual background of Darensburg and relevant federal and state law concerning claims of both intentional and disparate-impact discrimination. Part II examines disparate-impact jurisprudence in the context of the unequal distribution of municipal services as background to the complexity of the issues presented in Darensburg. Part III analyzes the Darensburg opinion in light of that background and shows that the burden-of-proof issues faced by plaintiffs are illustrative of the lack of effective guidance to …

Bargaining In The Dark: Why The California Legislature Should Render “No Damage For Delay” Clauses Void As Against Public Policy In All Construction Contracts, Melinda Sarjapur

Golden Gate University Law Review

The purpose of this Comment is to urge the California legislature to revise section 7102 of the Public Contract Code in order to render an NDFD ("no damage for delay") clause void as against public policy in every construction contract when delay is caused in whole or in part by the acts or omissions of the owner or its agents.

Part I of this Comment provides the reader with a brief explanation of how construction contracts are formed and describes the nature of liability associated with delay in the construction industry. Part II includes a brief overview of the general …

Implementing Environmental Justice: The New Agenda For California State Agencies, Ellen M. Peter

Golden Gate University Law Review

The purpose of this article is to give an account of the commencement of the regulatory process to achieve environmental justice and to highlight some of the issues presented to the Davis administration. Preliminarily, some background is required for context. The achievement of environmental justice does not start on a fresh slate. Federal statutes and federal executive initiatives impose separate legal requirements. These federal mandates both require actions by California state agencies and provide guidance on how to interpret the new California statutes. Thus, this article begins with an account of the legal and historical development of the concept of …

Enforcement Of Pesticide Regulation In California: A Case Study Of The Experience With Methyl Bromide, Victoria Clark

Golden Gate University Law Review

This article will attempt to provide an overview of the pesticide regulatory program ("the Program") and its pitfalls, as well as the track record of the administration of California Governor Gray Davis ("the Davis Administration") regarding pesticide issues. The first section will detail the regulatory agency structure of the Program, particularly the authority and duties of DPR and the CACs. The second section will discuss the pesticide permitting system, its requirements, and some anecdotes to illustrate the public participation process in this system. To present a case study of the Program's implementation, the methyl bromide regulations will be discussed at …

Brownfields And The California Department Of Toxic Substances Control: Key Programs And Challenges, Denise Ferkich Hoffman, Barbara Coler

Golden Gate University Law Review

In order to meet the challenges posed by significant increases in population, the recycling of brownfields is essential. Recycling brownfields can also promote infill development which will, in turn, optimize population densities and can serve to reduce negative aspects of sprawl. Infill development can revitalize existing communities as idle or underutilized properties in urban centers will be used for residential, commercial and public purposes (schools, parks, hospitals). However, there exists a delicate balance in California, where urban density has increased, there is increased competition for buildable sites, particularly for public facilities, i.e., schools. The California Department of Toxic Substances Control …

Regulation Of Logging On Private Land In California Under Governor Gray Davis, Thomas N. Lippe, Kathy Bailey

Golden Gate University Law Review

Few issues in California have been more controversial or engendered more passionate public debate than the damage to the state's environment from logging. The almost complete disappearance of the primeval old-growth redwood forests that once blanketed the north coast of California has been the focal point for much of the debate. Since the redwood forests have for the most part remained in private hands, they are subject to regulation by the state of California. And the fate of the redwoods has brought several waves of litigation, ballot initiatives, new regulations and numerous public acquisitions, all designed to preserve these forests …

Fixing The Delta: The Calfed Bay-Delta Program And Water Policy Under The Davis Administration, Patrick Wright

Golden Gate University Law Review

This article will examine the origins and key elements of the CALFED Record of Decision, the role of the Davis Administration in developing the final plan, and the major challenges ahead in implementing the plan.

Too Late In The Game: How Ballot Measures Undercut Ceqa, Jon Rainwater, Susan Stephenson

Golden Gate University Law Review

Because the regulatory guidelines for the California Environmental Quality Act ("CEQA") contain an exemption for "the submittal of proposals to a vote of the people," both projects avoided environmental analysis after the board of supervisors and the electorate had given a green light for the projects. In this article, we will examine the possibility that the ballot measure exemption functions as a loophole that weakens the goal of early meaningful, analysis that is at the heart of CEQA. To. put the exemption in a specific environmental and political context, we will look at some of the environmental impacts of the …

Senate Bill 1413: The Answer To Senate Bill 60 Plebiscite And Its Constitutionality Under The Inherent Powers Doctrine, Tamara Hill

Golden Gate University Law Review

This Comment will examine the evolution of the California State Bar, its intended purpose and the reasons for which its structure is currently under attack. It will also discuss the respective roles of the California Legislature and California Supreme Court in regulating the legal profession under the Inherent Powers Doctrine. Moreover, this Comment will analyze whether the attempt by California Legislature to restructure the State Bar, using SB 1413, is constitutional under the Inherent Powers Doctrine by applying the two-part test established in Brydonjack v. State Bar of California. Finally, this Comment concludes that SB 1413 is constitutional under the …

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.

San Francisco's Neighborhood Commercial Special Use District Ordinance: An Innovative Approach To Commercial Gentrification, Mark Cohen

Golden Gate University Law Review

What follows in this article is a discussion of: (1) the problems that have resulted in ten of San Francisco's neighborhood commercial streets due to economic revitalization that has been rapid and disorganized; (2) the City of San Francisco's attempt to deal with these problems by means of the Neighborhood Commercial Special Use District ordinance currently in effect; (3) how the provisions of the ordinance work; (4) the legal issues involved; and, (5) the planning and sociological principles the ordinance seeks to advance.