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Golden Gate University School of Law

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Full-Text Articles in Law

2018 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer May 2018

2018 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

No abstract provided.


David Franklyn, Renowned Intellectual Property And Technology Law Professor, Joins Golden Gate University, Golden Gate University School Of Law May 2018

David Franklyn, Renowned Intellectual Property And Technology Law Professor, Joins Golden Gate University, Golden Gate University School Of Law

Press Releases

Golden Gate University (GGU) welcomes David Franklyn, a prominent law professor recognized nationally as a preeminent expert on intellectual property (IP) and technology law. Director of the McCarthy Institute for IP and Technology Law at the University of San Francisco since 2000, Franklyn also consults with global technology companies serving as an expert witness in trademark and IP cases.


All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah May 2018

All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah

Publications

What is the proper legal standard in determining whether a worker is an employee or an independent contractor under California’s wage and hour laws?


The Right To Flourish, Regenerate, And Evolve: Towards Juridical Personhood For An Ecosystem, Nicholas Bilof May 2018

The Right To Flourish, Regenerate, And Evolve: Towards Juridical Personhood For An Ecosystem, Nicholas Bilof

Golden Gate University Environmental Law Journal

This article will examine two at-risk American rivers through a comparison of the different legal approaches brought by the citizens and conservation groups fighting to protect them. Through analysis of the two lawsuits, this article will highlight the flaws of the traditional approach, and introduce a novel proposal for a shift in the lens under which nature is considered in American jurisprudence.

Part I will survey the Suwannee River and a citizen suit against a poultry-packing plant accused of illegally fouling its waters through repeated violations of an EPA-issued permit governing wastewater discharges. This suit represents the congressionally-created traditional avenue ...


Taking A Breath: Lessons For The Port Of Oakland From The Clean Trucks Program At The Ports Of Los Angeles And Long Beach, Julia Chernova May 2018

Taking A Breath: Lessons For The Port Of Oakland From The Clean Trucks Program At The Ports Of Los Angeles And Long Beach, Julia Chernova

Golden Gate University Environmental Law Journal

This article first discusses and explains the laws that govern air quality at the major California ports. Then, it explores the Clean Truck Program (CTP) implemented by the ports of Los Angeles and Long Beach to improve port-related air quality and address public health issues in low-income areas caused by drayage trucks emissions. Next, it discusses a comparison of truck air pollution regulations at the ports of Los Angeles, Long Beach, and Oakland. Finally, this article argues that it is necessary for the port of Oakland to adopt measures used by the ports of Los Angeles and Long Beach to ...


Powering Mary Jane: Marijuana And Electric Public Utilities, Ryan Dadgari May 2018

Powering Mary Jane: Marijuana And Electric Public Utilities, Ryan Dadgari

Golden Gate University Environmental Law Journal

The discourse surrounding legalizing marijuana use and cultivation is full of political, legal, and economic voices. While some discussions address the high electricity consumption of marijuana grow operations and their effects on the energy grid, few—if any—discuss whether or not public utilities could be held federally liable for supplying power to marijuana grows and incentivizing growers to use more energy efficient methods. Just as banks, doctors and lawyers could be at risk for providing their services to this emerging industry, so too could public utilities. In some cases, utilities that refuse to provide service to state-legal marijuana grow ...


A Battle Over Oysters: Drakes Bay Oyster Co. V. Jewell And Its Aftermath, Elena Idell May 2018

A Battle Over Oysters: Drakes Bay Oyster Co. V. Jewell And Its Aftermath, Elena Idell

Golden Gate University Environmental Law Journal

This comment summarizes the saga of Drakes Bay Oyster Company (DBOC), located in Point Reyes National Seashore (Seashore) in Marin County, California, just north of San Francisco. Owned and operated by the Lunny family, DBOC battled the National Park Service (NPS) in an attempt to compel the NPS to renew its special use permit (SUP). The SUP allowed DBOC to operate within Point Reyes National Seashore. This conflict pitted environmentalists against each other. Supporters of local, sustainable agriculture were on one side of the environmental debate. Traditional environmentalists, representing the other side, advocated for returning uninhabited areas to an untouched ...


Cherishing The Coast: California Goes Long, Ariel Rubissow Okamoto, Nate Seltenrich, Lisa Owens Viani, Jonathon Gurish May 2018

Cherishing The Coast: California Goes Long, Ariel Rubissow Okamoto, Nate Seltenrich, Lisa Owens Viani, Jonathon Gurish

Golden Gate University Environmental Law Journal

This article focuses on the California Coastal Conservancy. It explores the Conservancy’s uniquely proactive approach to coastal zone management through both oral history (collected via telephone interviews) and literature research. In general, being proactive has involved the Conservancy in activities such as identifying coastal areas or wildlife habitats in need of protection; developing plans and priorities for acquisition or restoration; assembling and supporting local stewards and partners; leading and shepherding collaborative projects to fruition; and often providing significant funding.


Front Matter May 2018

Front Matter

Golden Gate University Environmental Law Journal

Front Matter includes Masthead, list of faculty and staff, and Table of Contents.


Ip Law Book Review, Vol. 8 #2, William T. Gallagher May 2018

Ip Law Book Review, Vol. 8 #2, William T. Gallagher

Intellectual Property Law

THE BRANDING OF THE AMERICAN MIND: HOW UNIVERSITIES CAPTURE, MANAGE, AND MONETIZE INTELLECTUAL PROPERTY AND WHY IT MATTERS, by Jacob Rooksby. Reviewed by Liza Vertinsky, Emory University School of Law

ILLEGAL LITERATURE: TOWARD A DISRUPTIVE CREATIVITY by David S. Roh. Reviewed by Shubha Ghosh, Syracuse University College of Law

ARTISTIC LICENSE: THE PHILOSOPHICAL PROBLEMS OF COPYRIGHT AND APPROPRIATION, by Darren Hudson Hick. Reviewed by Shubha Ghosh, Syracuse University College of Law

THE LAW AND PRACTICE OF TRADEMARK TRANSACTIONS: A GLOBAL AND LOCAL OUTLOOK, edited by Irene Calboli and Jacques de Werra. Reviewed by Jake Linford, Florida State University College of ...


Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., Golden Gate University School Of Law Apr 2018

Low-Wage Workers Will Be Directly Impacted By The California Supreme Court’S Decision In Troester V. Starbucks Inc., Golden Gate University School Of Law

Press Releases

The Women’s Employment Rights Clinic at Golden Gate University School of Law filed an amicus brief on behalf of low-wage worker advocates, urging the Court to follow its own precedent and the clear statutory requirements in California that workers must be paid for all hours worked.


Morton Cohen, Civil Rights Attorney And Law School Professor, Dies, Steve Rubenstein Apr 2018

Morton Cohen, Civil Rights Attorney And Law School Professor, Dies, Steve Rubenstein

Articles About Faculty

Morton Cohen, a civil rights attorney and law school professor whose tireless devotion to the underdog helped improve treatment for mental patients, jail inmates and poor tenants, has died.

Cohen died April 12 of cancer in his Berkeley hills home. He was 82.


Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto Apr 2018

Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto

Golden Gate University Law Review

Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect ...


The Unseen Harm: U.S.-Indian Relations & Tribal Sovereignty, George Emmons Apr 2018

The Unseen Harm: U.S.-Indian Relations & Tribal Sovereignty, George Emmons

Golden Gate University Law Review

This article explores tribal sovereignty through the lens of the Standing Rock Sioux and its opposition to the DAPL. The DAPL situation is a symptom of the larger problem of a lack of tribal consultation, which diminishes tribal sovereignty and tribal rights.

Part I discusses the history of tribal sovereignty through an explanation of the domestic dependent status of Indian tribes and the two historic canons of Indian treaty interpretation. The Court’s interpretation and application of these canons in the cases of Winters, Dion, and Bourland have a direct relation to the amount of protection given to Indian tribes ...


International Mother Of Mystery: Protecting Surrogate Mothers’ Participation In International Commercial Surrogacy Contracts, Jamie Cooperman Apr 2018

International Mother Of Mystery: Protecting Surrogate Mothers’ Participation In International Commercial Surrogacy Contracts, Jamie Cooperman

Golden Gate University Law Review

The lack of uniform international laws regarding surrogacy exposes all parties involved in surrogacy arrangements to a variety of problems. Challenges include determining the status of children, the rights of intended parents, and the protection of surrogates. Issues regarding the citizenship of babies born to surrogacy agreements tend arise when the child leaves the birth country and enters the intended country of citizenship.

Overall, international surrogacy arrangements present three central problems: (1) the citizenship of children, (2) the rights of intended parents, and (3) the rights and protection of women who serve as surrogates. This Comment focuses on the third ...


Lack Of “Purposefulness” & “Flagrancy” Or Simply Turning A Blind Eye To The Current State Of Affairs?: The Need For Statistical Data, Renei Caballes Apr 2018

Lack Of “Purposefulness” & “Flagrancy” Or Simply Turning A Blind Eye To The Current State Of Affairs?: The Need For Statistical Data, Renei Caballes

Golden Gate University Law Review

This Comment argues that the Court misapplied the attenuation doctrine in Strieff, specifically in its application and interpretation of the language “purposeful and flagrant” and explores the possible implications of this decision. First, Section I explains the Fourth Amendment and the basic principles of law regarding searches and seizures, including the exclusionary rule and attenuation doctrine. Then, Section II examines the circuit court split prior to Utah v. Strieff and how each circuit interpreted the language “purposeful and flagrant.” Finally, Section III analyzes the issues with the Supreme Court’s interpretation of “purposeful and flagrant” in Utah v. Strieff and ...


The Most Determined Lawyer You Will Ever Meet, Danny Wang Apr 2018

The Most Determined Lawyer You Will Ever Meet, Danny Wang

Golden Gate University Law Review

Interview of Danny Wang by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Feb. 6, 2018).


California Needs An Environmental Lawyer Like Him, Darryl Gruen Apr 2018

California Needs An Environmental Lawyer Like Him, Darryl Gruen

Golden Gate University Law Review

Interview of Darryl Gruen by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Jan. 19, 2018). This article represents the commentary of Darryl Gruen and does not necessarily represent opinions of the California Public Utilities Commission.


An Entertainment Lawyer From Coast To Coast, Tony Berman Apr 2018

An Entertainment Lawyer From Coast To Coast, Tony Berman

Golden Gate University Law Review

Telephone Interview of Tony Berman by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Nov. 29, 2017).


A True Pioneer Of The Legal Profession And The San Francisco Bench, Lee Baxter Apr 2018

A True Pioneer Of The Legal Profession And The San Francisco Bench, Lee Baxter

Golden Gate University Law Review

Interview of The Honorable Lee Baxter by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Nov. 7, 2017).


Front Matter Apr 2018

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Faculty Advisors, Preface and Table of Contents.


Nordstrom V. Ryan: Inmate’S Legal Correspondence Between His Or Her Attorney Is Still Constitutionally Protected, Christina Ontiveros Apr 2018

Nordstrom V. Ryan: Inmate’S Legal Correspondence Between His Or Her Attorney Is Still Constitutionally Protected, Christina Ontiveros

Golden Gate University Law Review

Prison administrations have been given much deference as to the limitations of prisoners’ rights. Still, even though the courts have shown regard to the prison administration, they have also recognized that there are two important interests at play: those of the prison administration and that of the prisoners’ constitutional rights. Because there are two important interests at play when an issue arises as to a prison’s regulation and its effect on a prisoner’s constitutional right, the courts turn to the Turner standard to determine the regulation’s constitutionality. Recently, the Ninth Circuit used this standard in Nordstrom v ...


State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan Apr 2018

State V. Trump: Trump Fails In The ‘Art Of The Deal’ Securing A Victory For Travel Ban 2.0, Elizabeth Macayan

Golden Gate University Law Review

The Ninth Circuit affirmed the District Court of Hawaii’s modification of the preliminary injunction against sections 2 and 6 of President Trump’s Executive Order 13780, in accordance with the Supreme Court’s decision in Trump v. International Refugee Assistance Project.


A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson Apr 2018

A Job For Congress: Medical Marijuana Patients’ Fight For Second Amendment Rights, Kenneth Seligson

Golden Gate University Law Review

This Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.

After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis and ...


The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil Apr 2018

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note ...


Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett Apr 2018

Reyes V. Lewis: A Missed Opportunity For Minors And Miranda, Jessica Bennett

Golden Gate University Law Review

The controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and ...


Introduction, Sidney R. Thomas Apr 2018

Introduction, Sidney R. Thomas

Golden Gate University Law Review

No abstract provided.


Judges Of The Ninth Circuit Apr 2018

Judges Of The Ninth Circuit

Golden Gate University Law Review

No abstract provided.


Front Matter Apr 2018

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Faculty Advisors, Preface and Table of Contents.


Poverty Law Symposium 2018, Michele Benedetto Neitz Apr 2018

Poverty Law Symposium 2018, Michele Benedetto Neitz

Poverty Law Conference & Symposium

Presentations:

Ladie Adriano: “Child Support Enforcement and the Incarcerated Obligor”

Stephanie Huang: “Civil Gideon for Family Law”

Devin Fathi: “Systematic Inequality of the Third Gender”

Gisele Martinez: “California’s Death Penalty and Proposition 66”

Jordan Davis: “Legalize It: Cash Crop or Tool of Economic Oppression”

Harris Emran: “Support Your Local Bondsman; Get Arrested”

Maneesha Birdee: “More Housing Near Public Transit: Relocating the Bay Area’s Poor”

Douglas Blatecky: “Safe Injection Sites in San Francisco”

Minna Fernan: “Criminalization of Homeless People in San Francisco is not the Answer”

John Adams: “When Yesterday’s Choices are Making for Tomorrow’s Bad Decisions ...