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Golden Gate University School of Law

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Full-Text Articles in Law

Radical Reconstruction: (Re) Embracing Affirmative Action In Private Employment, Hina B. Shah Jan 2019

Radical Reconstruction: (Re) Embracing Affirmative Action In Private Employment, Hina B. Shah

Publications

The history of employment in this country is the history of racism. Using public and private mechanisms as well as violence to devise and enforce segregation and preferential treatment, the white male institutionalized an unprecedented advantage in the labor market. Yet this is rarely acknowledged as a factor in the current widening economic disparity between whites and blacks. Today, many white Americans, cloaked in the myth of colorblindness and meritocracy, refuse to see the persistence of racial prejudice, disadvantage and discrimination in the labor market.

This article is a call for a radical reconstruction of the private labor market through ...


A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst Jan 2019

A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst

Publications

This paper examines the twenty-eight Supreme Court opinions overruling the Federal Circuit since 2000 and quantifies their rationales to discover that, while these reasons are often invoked, the Supreme Court’s most common rationale is that the Federal Circuit has disregarded or cabined its older precedent from before the 1982 creation of the Federal Circuit, from before the 1952 Patent Act, and even from before the 20th Century. The Court has relied on this rationale in twenty-one of the twenty-eight cases. The paper then seeks to probe beneath the surface level patterns to discover the deeper roots of the discord ...


Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy Nov 2018

Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy

Publications

This article is about child obesity, school food, and the key role schools can play in creating environments that can enhance children’s eating patterns and lifestyle behaviours and, thus, can support the realization of children’s best interest in relation to food and health. In contrast to the traditional approach that frames the obesity problem as a personal issue or as a matter of parental responsibility, this article argues that the prevention of child obesity should be interpreted as a State obligation under both international and domestic laws. Analysis turns to the example of the Healthy, Hunger-Free Kids Act ...


17th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher Oct 2018

17th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher

Intellectual Property Law

16th Annual Recent Developments in IP Law and Policy Conference

Golden Gate University School of Law

Program, October 26, 2018


The California Consumer Privacy Act Of 2018: Are Your Interests At Stake?, Golden Gate University School Of Law Oct 2018

The California Consumer Privacy Act Of 2018: Are Your Interests At Stake?, Golden Gate University School Of Law

GGU Law Review Blog

In recent years, the Supreme Court has recognized the downturn of consistent and reliable Establishment Clause jurisprudence. The inconsistency of opinions and the often hostile outcomes have left the Establishment Clause in “shambles”. Justices have commented that there is no other area of law in more desperate need of repair than the Establishment Clause. One reason posited for the current state of confusion is that the Establishment Clause was never intended to be incorporated. Because of this, even the Supreme Court cannot agree on a single test or even consistently apply the many tests it currently employs.


Mccarthy Institute Moves To Golden Gate University, Michael Hunter Schwartz Oct 2018

Mccarthy Institute Moves To Golden Gate University, Michael Hunter Schwartz

Articles About GGU Law

This fall, Golden Gate University launched a new effort to assist its students in securing jobs in the technology sector by acquiring the prestigious McCarthy Institute. The Institute is jointly sponsored by the university’s law and business schools.


The California Consumer Privacy Act Of 2018: Are Your Interests At Stake?, Katie Christensen Oct 2018

The California Consumer Privacy Act Of 2018: Are Your Interests At Stake?, Katie Christensen

GGU Law Review Blog

California residents and those who do business in California are advised to stay abreast of the California Consumer Privacy Act, as there may be major textual revisions – or Federal pre-emption – before the act goes into effect on January 1, 2020.


This Book Is Just My Type, Jennifer Babcock Oct 2018

This Book Is Just My Type, Jennifer Babcock

Publications

Jennifer Babcock reviews Typography for Lawyers by Matthew Butterick (2d ed., O'Connor's 2015), 240 pages.


Playing Favorites? Implicit Bias On The Bench, Michele Benedetto Neitz Oct 2018

Playing Favorites? Implicit Bias On The Bench, Michele Benedetto Neitz

Publications

The concept of implicit bias has moved to the forefront of public discussion in the last decade, and many judges have already been trained on this issue. But it is worth considering how a specific type of implicit bias, in-group favoritism, may affect a judge’s everyday decisions.


The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy Sep 2018

The Debate Over Bears Ears National Monument, Emilie Johnson, Nicholas Joy

GGU Law Review Blog

President Trump attempts to reduce the size of Bears Ears National Monument.


Fourth Amendment Protection In The Digital Age, Daniel Sorkin Aug 2018

Fourth Amendment Protection In The Digital Age, Daniel Sorkin

GGU Law Review Blog

The Supreme Court granted certiorari in Carpenter v United States, a case that offers the Court another opportunity to address how far Fourth Amendment protections against warrantless searches and seizures extend. Specifically, the issue before the Court was “whether the warrantless seizure and search of historical cell phone records revealing the locations and movement of a cell phone user over the course of 127 days is permitted by the Fourth Amendment.”

On appeal before the Sixth Circuit, a divided three-judge panel held that “no search occurred under the Fourth Amendment because Carpenter had no reasonable expectation of privacy in cell ...


Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, C M. Timpson Aug 2018

Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, C M. Timpson

GGU Law Review Blog

Proponents of the Second Amendment stand firm in their belief that there should be little to no restrictions on a person’s ability to obtain and maintain ownership of a gun. Others believe there should be some limitations on the right to “keep and bear arms.” In District of Columbia v. Heller, the Supreme Court upheld a person’s individual right to bear arms for lawful purposes. In Heller, the Court also refused to apply rational basis review to challenges of laws that impact a person’s enumerated rights such as the guarantee against double jeopardy, right to counsel and ...


Mandatory Agency Dues: Beneficial Or A First Amendment Violation?, Steph Nathaniel Aug 2018

Mandatory Agency Dues: Beneficial Or A First Amendment Violation?, Steph Nathaniel

GGU Law Review Blog

Unions have long been recognized as a major cornerstone to American culture – they have helped ensure fair wages, hours, and benefits for American workers for over a century. However, the question has continuously come up in legal discourse of whether unions modernly maintain their importance and effectiveness as exclusive bargaining representatives. This question raises an array of issues – one of those being whether public employees should be required to pay union dues when they are not members and do not support the union.

A case recently before the Supreme Court could end laws in 22 states that requires public employees ...


Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University Aug 2018

Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University

Press Releases

tarting in August 2018, the McCarthy Institute, the world's preeminent trademark, consumer behavior, and branding institute, will be located jointly in the law and business schools at Golden Gate University in downtown San Francisco.


Katrina To Maria: Pet Evacuation In The Eye Of The Storm, Tara Cooley Aug 2018

Katrina To Maria: Pet Evacuation In The Eye Of The Storm, Tara Cooley

GGU Law Review Blog

In 2006, Congress passed the Pet Evacuation and Transportation Standards (PETS) Act, a landmark act for emergency preparedness. PETS requires a community’s emergency plan account for the needs of families with companion or service animals. PETS provided protection to pets and their families during Hurricane Sandy, Harvey, Irma, and Maria. The image of evacuation has changed a lot from Katrina to Harvey. Eicher, an evacuee during Hurricane Harvey, shouted to first responders, “We have two kids with down syndrome, a pig and a three-legged dog.” The first responder’s reply: “Sounds good, (let’s) do this.” During preparation for ...


Rivers That Depend On Aquifers: Drafting Gma Groundwater Plans With Fisheries In Mind, Paul Stanton Kibel, Julie Gantenbein Aug 2018

Rivers That Depend On Aquifers: Drafting Gma Groundwater Plans With Fisheries In Mind, Paul Stanton Kibel, Julie Gantenbein

CUEL - Center for Urban Environmental Law

This guidebook covers the requirements of California’s Sustainable Groundwater Management Act (SGMA) that apply to interconnected groundwater and surface water and the impacts of groundwater pumping on fisheries.

This handbook is also available at: https://ggucuel.org/.


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 ...


Sea Level Rise And Storm Surge Projections For The National Park Service, M. A., R. L. Beavers Caffrey, C. H. Hoffman May 2018

Sea Level Rise And Storm Surge Projections For The National Park Service, M. A., R. L. Beavers Caffrey, C. H. Hoffman

Federal Documents

Over one quarter of the units of the National Park System occur along ocean coastlines. Ongoing changes in relative sea levels and the potential for increasing storm surges due to anthropogenic climate change and other factors present challenges to national park managers. This report summarizes work done by the University of Colorado in partnership with the National Park Service (NPS) to provide sea level rise and storm surge projections to coastal area national parks using information from the United Nations Intergovernmental Panel on Climate Change (IPCC) and storm surge scenarios from National Oceanic and Atmospheric Administration (NOAA) models. This research ...


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.


More Housing Near Public Transit: Relocating The Bay Area’S Poor, Maneesha Birdee Apr 2018

More Housing Near Public Transit: Relocating The Bay Area’S Poor, Maneesha Birdee

Poverty Law Conference & Symposium

Housing discrepancy, coupled with an environmental push set in place a decade ago to reduce car-based greenhouse gas emissions, propelled a housing and public transportation bill. Senator Scott Weiner, along with Senator Nancy Skinner and Assembly Member Phil Ting, created Senate Bill 827 (“Bill”). The Bill proposes building denser housing near public transportation, thereby allowing more people to live close to their jobs. The Bill was introduced in January 2018 and sparked feverous debate over California housing. It was amended two times—once in March 2018 and once in April 2018. Two weeks after its April amendment, in a lively ...