Law Commons^™

Online Learning In A Global Pandemic, Intimate Details & Prying Government Eyes: When What Was Once Private Is Thrust Into The Public Sphere The Story Of Kamauri Harrison, Malissa Bowman

GGU Law Review Blog

A global pandemic has morphed the traditional in-person classroom into a virtual one, leaving vestiges of strict classroom rules and decorum clashing with home privacy expectations. So is the case of Ka’Mauri Harrison, a 9-year-old Louisiana boy suspended for moving a BB gun while on screen during online class. Ka’Mauri’s parents and attorney maintain the boy only moved the BB gun to prevent his little brother from accessing it. However, Ka’Mauri’s teacher thought the BB gun was a real gun and reported him to the principal. Ka’Mauri was not only suspended from school, but also recommended for expulsion.

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 …

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

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: …

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.

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

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

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

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

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

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 …

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

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 …

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

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 …

Sixth Annual Veterans Law Conference Moral And Ethical Leadership: Practicing Leadership In Today’S Volatile Global Economic And Political Environment, Golden Gate University School Of Law

Veterans Law Conference

Keynote address:

Major General Matthew P. Beevers Deputy Adjutant General, California Army National Guard, State Military Department.

Panelists:

Major John-Paul Wheatcroft, JAG United States Marine Corps, Human Resource Advisor, Officer Selection Station Berkeley.

Dr. Mickey P. McGee, PhD, Associate Professor Golden Gate University, Ageno School of Business.

Laura Renner, Founder Freedom Makers.

Seventh Annual Veterans Law Conference: #Metoo And The Military, Golden Gate University School Of Law

Veterans Law Conference

2019 7th Annual Veterans Conference: #MeToo and the Military

1:00 p.m. Welcome and Introduction
Professor Daniel Devoy, Director of Veterans' Legal Advocacy Center; Anthony Niedwiecki, Dean of Golden Gate School of Law; Dr. David Fike, President of Golden Gate University.

1:15 p.m. Keynote Address
Introduction by Dan Ashley of ABC Channel 7 News; Associate Justice Eileen C. Moore.

2:15 p.m. Presentation of Veterans' Champion Award
John W. Keker, Esq, Partner, Keker Van Nest & Peters LLP, Veterans Rights Advocate & Attorney.

2:45 Discussion: Addressing Military Sexual Trauma
Rose Goldberg, California Department of Justice Office of the Attorney General; Major General …

Ggu Law’S 7th Annual Veterans Law Conference Tackles Military Assault And The #Metoo Movement, Golden Gate University School Of Law

Press Releases

On November 1, 2019, Golden Gate University School of Law (GGU Law) will host its 7th Annual Veterans Law Conference with the focus on military sexual assault through the lens of the #MeToo movement. The goal of the conference is to highlight the problem of military sexual violence in order to help craft better preventative solutions.

2019 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

No abstract provided.

10th Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Judge Michelle T. Friedland, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

5:00 p.m. WELCOME — Anthony Niedwiecki Dean, Golden Gate University School of Law

LAW REVIEW INTRODUCTION —
Stephanie Nathaniel (JD 19) Editor-in-Chief, Golden Gate University Law Review. Nicholas Joy (JD 19) Cassirer v. Thyssen-Bornemisza Collection Foundation: The Holocaust Expropriated Art Recovery Act Was Unveiled But Congress Still Has Work To Do.
Corey Timpson (JD 19) Ledezma-Cosino v. Sessions: The Ninth Circuit Maintains Archaic View That Alcoholism is a Moral Character Flaw.

5:30 p.m. INTRODUCTIONS Jennifer Babcock Associate Professor, Golden Gate University School of Law

5:40 p.m. IN CONVERSATION
Hon. Michelle T. Friedland Judge, U.S. Court of Appeals for the Ninth …

Of Commonwealths And Our Commonwealth: An Introduction, Colin Crawford

Publications

The symposium articles published here represent a range of considerations of the meaning and implications of the word "commonwealth," as well as its predecessors and some of its distant antecedents. In all, the articles cover over 400 years of history.

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, adopted in …

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

Annual Reports

No abstract provided.

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.

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

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: How California may Tackle …

Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Agenda

February 2, 2018

NINTH ANNUAL CHIEF JUSTICE RONALD M. GEORGE DISTINGUISHED LECTURE
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
SAN FRANCISCO, CALIFORNIA

6:00 p.m. WELCOME - Anthony Niedwiecki Dean, Golden Gate University School of Law
LAW REVIEW INTRODUCTION - Jamie Cooperman (JD 18) Editor-in-Chief, Golden Gate University Law Review,
Jessica Bennett (JD 18) Reyes v. Lewis: A Missed Opportunity for Minors and Miranda,
Natalie Lakosil (JD 18) The Flores Settlement: Ripping Families Apart Under the Law,
Kenneth Seligson (JD 18) A Job for Congress: Medical Marijuana Patients' Fight for Second Amendment Rights

6:30p.m. INTRODUCTIONS Kathleen Morris Professor …

2017 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

Digital Commons: The Legal Scholarship Repository @ Golden Gate University School of Law, or, simply, DC@GGULaw, is the institutional repository for the law school’s intellectual work and contributions to the field of law, produced by faculty, students, centers or conferences. This report highlights the major accomplishments of DC@GGULaw from May, 2016 through April, 2017.

Heroes Forgotten: Just My Luck, I’M Broken For A Buck, Jonathan Zimmermann

Poverty Law Conference & Symposium

President Kennedy famously stated at his inaugural address: “Ask not ask not what your country can do for you — ask what you can do for your country.” Throughout our years as a nation, handfuls of men and women have heard the calling to serve in the United States of America’s armed forces. While serving in the military may be an arduous process, transitioning back into the civilian world can be onerous as well. Although the former service member may be returning to a familiar land, many are now returning with unique and stressful experiences, making transitioning to civilian life …

A Função Social Da Propriedade E O Direito À Cidade: Teoria E Prática Atual, Colin Crawford

Publications

No abstract provided.