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Articles 1 - 30 of 33
Full-Text Articles in Law
From Loyalty To Justice, Andrew S. Gold
Los Angeles’S Social Equity Cannabis Applicants Are Getting Left In The Weeds, Kaitlin Martinez
Los Angeles’S Social Equity Cannabis Applicants Are Getting Left In The Weeds, Kaitlin Martinez
GGU Law Review Blog
The passage of California Proposition 64 (Prop 64) opened the door for cities to grant licenses to businesses for the purpose of selling cannabis and to legalize personal recreational use within their own jurisdiction. The City of Los Angeles, unlike other cities, delayed the licensing of new cannabis businesses while they refined and reworked regulations to include a Social Equity Program. The City acknowledged the cannabis criminalization and enforcement had long-term and disproportionate impacts to low-income and minority communities during The War on Drugs. The Social Equity Program is designed to repair those harms by creating regulations to support and …
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger
Faculty Scholarship
No abstract provided.
How To Fix Legal Scholarmush, Adam J. Kolber
How To Fix Legal Scholarmush, Adam J. Kolber
Faculty Scholarship
No abstract provided.
The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig
The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Science Fiction And The Law: A New Wigmorian Bibliography, Jorge L. Contreras
Science Fiction And The Law: A New Wigmorian Bibliography, Jorge L. Contreras
Utah Law Faculty Scholarship
In 1908, Dean John Henry Wigmore compiled a list of novels that no lawyer could “afford to ignore”. Wigmore’s list, taken up by Professor Richard Weisberg in the 1970s, catalogs one hundred novels, stories and dramatic works from Antigone to The Merchant of Venice to Native Son, each of which portrays or offers insight into the legal system or the practice of law. Weisberg’s updated list also includes a compilation of critical studies in the then-emerging law and literature movement. This article undertakes a similar bibliographic exercise with respect to law and the literature of science fiction. While science fiction, …
The Internal Limits On Fiduciary Loyalty, Andrew S. Gold
The Internal Limits On Fiduciary Loyalty, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Blockchain Is The Key To Facilitating The Healthcare System, Andrea Ortega
Blockchain Is The Key To Facilitating The Healthcare System, Andrea Ortega
Blockchain Law
The healthcare industry is one of the world’s largest industries, accounting for 17.7% of the United States Gross Domestic Product (GDP). Unsurprisingly, the health spending share is projected to rise from 17.7 percent, as reported in 2018, to 19.7 percent by 2028. The U.S. spends more on healthcare than any other country in the world. Being that we spend the most on healthcare, one would assume that we are the healthiest nation in the world. Unfortunately, despite the highest spending, “Americans experience worse health outcomes than [our] international peers.”
It is time for the United States to take appropriate measures …
Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen
Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen
Poverty Law Conference & Symposium
Anti-immigration laws create unreasonable obstacles to the academic advancement of undocumented students. A close analysis of Proposition 187 and HB 56 will show how undocumented students are still facing hardship as they navigate American schools. Also, looking at the aftereffects of Proposition 187 will help uncover ways in which all states can help support undocumented children in their academic achievements. As Justice Brennan once wrote, “Education has a fundamental role in maintaining the fabric of our society.”
Following the introduction, Part II of this essay reflects on the 1982 landmark case, Plyler v. Doe. Part III compares two anti-immigration laws: …
Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams
Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams
Department of Justice Studies Faculty Scholarship and Creative Works
This paper contextualizes the struggles and contributions of Black motherhood and reproductive justice under police surveillance in Baltimore, Maryland. We conducted semi-structured interviews with mothers regarding their experiences and perceptions of policing in their community during the aftermath of the police-involved death of Freddie Gray. While the literature disproportionately focuses on Black males, little knowledge is known about the struggles and contributions of Black mothers in matters concerning police brutality and the fight against institutional violence. There still remains the question regarding the role of and impact on Black mothers during matters of institutional violence against Black children. We fill …
Introduction To The Covid-19 Symposium On International Economic Law In The Global South, Olabisi D. Akinkugbe, James Thuo Gathii, Titilayo Adebola, Nthope Mapefane
Introduction To The Covid-19 Symposium On International Economic Law In The Global South, Olabisi D. Akinkugbe, James Thuo Gathii, Titilayo Adebola, Nthope Mapefane
Articles, Book Chapters, & Popular Press
The COVID-19 pandemic has disrupted all facets of human relations on a magnitude not witnessed in the post-World War II era. Due to the interdependence of countries in the international system, it is not surprising that the unfolding public health crisis has had significant ramifications for the functioning of the global economy as well. In responding to this global health crisis, and the associated fallouts, the academic community has a crucial role to play in finding solutions to the hydra-headed problems we all face. Driven by this sense of urgency and responsibility, AfronomicsLaw put out a call for contributions in …
No Choice: At The Crossroads Of Poverty And Decreasing Abortion Access, Marja-Leena Aaltonen
No Choice: At The Crossroads Of Poverty And Decreasing Abortion Access, Marja-Leena Aaltonen
Poverty Law Conference & Symposium
This paper will briefly review a portion of current abortion law in the United States and then focus on the problem through a lens of poverty with regard to access. Then the discussion will turn to lawmakers’ and religious interests’ interference in family planning decisions. Finally, I offer two steps toward making abortion more accessible to all but especially toward mitigating the costs of accessing abortion.
Why We (Probably) Must Deliberately Infect, Adam J. Kolber
Why We (Probably) Must Deliberately Infect, Adam J. Kolber
Faculty Scholarship
No abstract provided.
Blockchain Technology And The Irs: How The Use Of Blockchain Technology Could Interfere With A Taxpayer’S Privacy Rights, Michelle Yang
Blockchain Technology And The Irs: How The Use Of Blockchain Technology Could Interfere With A Taxpayer’S Privacy Rights, Michelle Yang
Blockchain Law
We will examine the benefits and dangers of implementing blockchain technology within the IRS framework. In the context of filing and reviewing tax returns, implementing blockchain technology within the tax industry could soften the relationship between the government, particularly with the IRS, and the taxpayer with speedier refunds, more efficient communications, and a uniform effort to deal with controversy more effectively. Part II will provide a brief background on the pros and cons of using blockchain technology to file tax returns. Parts III and IV will focus on two of the current laws governing cyberspace technology and how each law …
Legal Issues For Blockchain In An Environment Most Unkind, Tyler Kirsch
Legal Issues For Blockchain In An Environment Most Unkind, Tyler Kirsch
Blockchain Law
SpaceChain is looking to use an operating system based in blockchain for two purposes: first, it can be used to allow a constellation of satellites to communicate; and second, it can be used to ensure compliance to the rules set for the constellation.27 If a group of satellites launch with a smart contract that states both the purposes of the constellation parts and whole, outcomes can be coded into the satellites for compliance purposes.
SpaceChain is hoping, through the use of this OS, to make an “agnostic” jurisdiction. By this, SpaceChain is looking to not build a traditional jurisdiction, but …
The Case For Blockchain In The Beauty Industry, Sumanpreet Kaur
The Case For Blockchain In The Beauty Industry, Sumanpreet Kaur
Blockchain Law
Part II of this paper addresses the legal issues presented by counterfeit cosmetics and false claims, and also compares the regulatory landscape in the United States versus that of the European Union. Part III analyzes how blockchain can be used to fill in the gaps left by the lack of strong regulations in the United States and provide consumers reliable methods of authenticating the ingredients in their personal care products. Part III also explains how Cult Beauty is implementing blockchain in its business. Part IV discusses the potential hurdles and negatives of using blockchain in the beauty industry. Part V …
Utilizing Estate Plans To Achieve Economic Justice, Geber Penate
Utilizing Estate Plans To Achieve Economic Justice, Geber Penate
Poverty Law Conference & Symposium
Bayview has been the home to many black families for decades. However, the inability of title-holders to create distribution plans for their estate before their death has contributed to their ultimate displacement. When a title-holder of property dies, their property is required to go through a court system known as probate. The probate court system has various functions ranging from identifying assets, calculating any owed taxes and fees, and distributing property. The only way to avoid probate is through the execution of a probate-avoidance distribution document, which is mentioned in further detail below. The probate court system, to say the …
Lgbtq Youth Homelessness And Discrimination In The Child Welfare System, Markie Flores
Lgbtq Youth Homelessness And Discrimination In The Child Welfare System, Markie Flores
Poverty Law Conference & Symposium
Despite the existence of LGBTQ anti-discrimination laws, LGBTQ youth are still being discriminated against within the foster care system. The primary cause of all youth homelessness is family conflict, and LGBTQ youth are more susceptible to family conflict when they come out to their parents. The Williams Institute surveyed 354 agencies throughout the United States who work with LGBTQ homeless populations and found that 68% of clients have experienced family rejection. The True Colors Fund notes that more than 1 in 4 LGBTQ teens are forced to leave their homes after coming out to their parents. LGBTQ youth also face …
The Lack Of Childcare And Its Impact In America, Anni Wang
The Lack Of Childcare And Its Impact In America, Anni Wang
Poverty Law Conference & Symposium
Child care is expensive. The average cost of child care in the United States can range from 9- 36% of a family’s income, depending on where they live. We are the only industrialized country that does not offer some kind paid family leave. For one of the richest countries in the world, child poverty rates have remained increasingly high in America. The lack of affordable child care has become a national crisis, with daycare costing more than in-state university tuition in half of the country.
Lowering costs and providing better access to high quality childcare can significantly increase parents’ employment …
Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, K. Sabeel Rahman, Amy Kapczynski, David Singh Grewel, Jedediah Britton-Purdy
Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, K. Sabeel Rahman, Amy Kapczynski, David Singh Grewel, Jedediah Britton-Purdy
Faculty Scholarship
No abstract provided.
Poverty, Domestic Violence, And The Covid-19 Pandemic, Tammy Henson
Poverty, Domestic Violence, And The Covid-19 Pandemic, Tammy Henson
Poverty Law Conference & Symposium
There is a distinct correlation between domestic violence and level of income; the lower the income, the higher the prevalence of domestic violence. When poverty and domestic violence intertwine, the consequences for a family in poverty can be devastating. The COVID-19 pandemic of 2020 has added immense pressure to families in poverty already suffering economic hardship. The sudden loss of income due to the nationwide shelter in- place mandate coupled with prolonged proximity to partners and children all day make for a ticking time bomb for many families in poverty.
Law enforcement, criminal courts, and family & dependency courts follow …
Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz
Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz
Poverty Law Conference & Symposium
Nearly fifty years since the passage of the Clean Water Act (“CWA”) in 1972, widespread pollution of California’s surface and groundwater continues across the state. “Over half of California’s lakes, bays, wetlands, and estuaries are too polluted to swim, drink, or fish,” according to the State Water Resources Control Board. Poor and working-class communities suffer disproportionately from the negative externalities and environmental impacts of water pollution, including effects on human health and wellness.
With a focus on the CWA citizen suit provision, this paper examines how the legal and administrative processes for water pollution control have not effectively addressed the …
Transnational Fiduciary Law, Tamar Frankel
Transnational Fiduciary Law, Tamar Frankel
Faculty Scholarship
Fiduciary law is expanding throughout the world.1 It seems to be a new phenomenon, but in reality, it is not. Fiduciary law is ancient. It existed centuries ago in Mesopotamia, 2 Rome, 3 Egypt,4 Greece,5 as well as in Jewish 6 and Christian laws.7 Fiduciary duties arguably developed later in Great Britain when master landlords left for the holy land on religious crusades and had to rely on others to manage their estates.8 The ancient rules, such as those found in agency law in Mesopotamia, may not have been as sophisticated as the current ones-such …
Blockchain For Factory Workers: A Study Of Levi’S Worker Well-Being Program, Mary Basile
Blockchain For Factory Workers: A Study Of Levi’S Worker Well-Being Program, Mary Basile
Blockchain Law
Part I of this paper will provide a bit of background on blockchain technology, and the Worker Well Being Program (“WWBP”) implemented at Levi Strauss through their Levi Strauss Foundation. Part II will expand on relevant international law related to labor rights, with a particular focus on the UNDHR and the ILO. Part III will analyze the current state of and need for a shift in focus on worker well-being, especially considering the current global pandemic and recurring need for a federal minimum wage that moved beyond just a living wage, which it currently is not, to one that allows …
11th Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Judge Morgan Christen, Golden Gate University School Of Law
11th Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Judge Morgan Christen, Golden Gate University School Of Law
Ronald M. George Distinguished Lecture Series
Agenda
January 24, 2020
ELEVENTH ANNUAL CHIEF JUSTICE RONALD M. GEORGE DISTINGUISHED LECTURE SERIES
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
COURT SAN FRANCISCO, CALIFORNIA
5:00 p.m. WELCOME Anthony Niedwiecki Dean, Golden Gate University School of Law
LAW REVIEW INTRODUCTION Kyndal Currie (JD ‘20) Editor-in-Chief, Golden Gate University Law Review
Alyssa Chavers (JD ‘20): Williams v. Gaye: Further Blurring the Lines Between Inspiration and Infringement
Allyson M. McCain (JD ‘21) Perez v. City of Roseville: Constitutional Protection for the Public Employee in “Matters Pertaining to Sex”
5:30 p.m. INTRODUCTION Hon. Ann C. Moorman (JD ‘87) Presiding Judge, Superior …
There’S Feminism In These Judgments, Anita Bernstein
There’S Feminism In These Judgments, Anita Bernstein
Faculty Scholarship
No abstract provided.
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein
Faculty Scholarship
No abstract provided.
An Essay On The Quieting Of Products Liability Law, Aaron Twerski
An Essay On The Quieting Of Products Liability Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp
Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp
Faculty Scholarship
No abstract provided.