Law Commons^™

Rachel Van Cleave Named New Dean Of Golden Gate University School Of Law, Lisa Lomba

Press Releases

After a national search, Golden Gate University President Dan Angel is proud to announce the appointment of Rachel Van Cleave, Interim Dean, as the new Dean of Golden Gate University School of Law. A Fulbright Scholar, GGU Law Professor since 2004 and Associate Dean of Academic Affairs since 2008, Van Cleave brings extensive experience as an international scholar, professor and law school leader to her new role.

When Can The Baseball Writers For The Hall Of Fame Consider Cheating Through Ped Use, Or Not?, Wes R. Porter, Dan Dressman

Publications

When the 2013 MLB Hall of Fame Ballot was released this past November, the heated discussion began about which controversial candidates, if any at all, would be inducted into Cooperstown (HOF). while isolated athletes have come up in previous years, this year represents a first real tension between the modern ear of baseball - the "steroid era" - and traditional standards for admission into the Hall. The 537 baseball writers are, and should be, entrusted to weigh cheating and use of PEDs against the HOF's criteria of "character," "sportsmanship" and "upholding the integrity of the game." These writers each will …

Distributed Generation: How Localized Energy Production Reduces Vulnerability To Outages And Environmental Damage In The Wake Of Climate Change, Allyson Umberger

Golden Gate University Environmental Law Journal

This Comment breaks down the working parts of America’s energy infrastructure, assessing how the current model could be converted into one that is more efficient, cost effective, and environmentally sustainable. It looks beyond general energy legislation, focusing specifically on chartered, proposed, and failed energy legislation in California. Part II of this Comment examines the weaknesses of America’s current energy infrastructure, looking at the history of the energy industry and the nation’s resulting reluctance to adopt renewable technologies despite the shortcomings of the current model. Part III presents DG and expands upon the potential it possesses to empower Americans in a …

Legitimate Protection Or Tactful Abandonment: Can Recent California Legislation Sustain The San Francisco Bay Area's Public Lands?, Cody Nesper

Golden Gate University Environmental Law Journal

This Comment posits that parks that serve urban communities, such as the SF Bay Area state parks, are of particular importance due to the implications of open spaces for the health and well-being city dwellers. The consequences of legislation like AB 42 in urban environments are different from those in rural areas, and an awareness of these differences is necessary to draft effective legislation. For instance, parks serving urban areas frequently give rise to environmental justice concerns of wealth and poverty as reflected by extensive, well-appointed parks in more affluent communities compared to neighboring communities with less social and economic …

Looking For A Home: How Micro-Housing Can Help California, Dawn Withers

Golden Gate University Environmental Law Journal

Humans have long shared small homes and small communal spaces. In the Middle Ages, it was common for many people to share a bed and for many people to share a room. Pilgrims lived in homes of about 165 square feet, and German farmers in nineteenth-century Texas built 200-square-foot homes for use on the weekends when they came to town. After the 1906 earthquake, San Francisco built 140-square-foot homes to shelter survivors.

Continuing the tradition of living in small quarters is no simple task in the modern era. How and where we live is not determined by us alone but …

"Location, Location, Location" Should Be "Environment, Environment, Environment": A Market-Based Tool To Simplify Environmental Considerations In Residential Real Estate, Robert H. Cutting, Lawrence B. Cahoon, Jack C. Hall

Golden Gate University Environmental Law Journal

The most important rule of real estate (location, location, location) should be upgraded to the three E’s: environment, environment, environment. What we value in real estate is the natural and human environment of a site and its structures. A home is typically an American’s most significant asset; thus, environmental issues should be of interest, primarily because the effects of environmental degradation can cause devaluation while simultaneously imposing substantial expenses (such as cleanup, health care, and relocation) on the population. The real costs of ignoring the environment are life-threatening health and safety issues, including lung damage and cancer resulting from radon …

Can A Multi-Species Habitat Conservation Plan Save San Diego's Vulnerable Vernal Pool Species?, John Buse

Golden Gate University Environmental Law Journal

The Endangered Species Act2 (hereinafter “ESA” or “the Act”) protects some of the rarest and most charismatic mammals on earth, including polar bears, wolves, jaguars, and orcas. The ESA also protects less conspicuous species and their habitats. Not all species are equal under the law; for example, plants are afforded substantially less protection, and the Act excludes pest insects if their protection “would present an overwhelming and overriding risk to man.” But the ESA does provide a remarkable degree of taxonomic equality for most covered species, generally treating bears and burying beetles as equals. This equality infuriates opponents of the …

From Post To Pond: How The Public Created The Presidio's Crissy Field Marsh, Deborah Bardwick

Golden Gate University Environmental Law Journal

Brian O’Neill, the late Superintendent of the Golden Gate National Recreation Area, said that the unifying theme of the Presidio is that of “humans in the natural environment, understood in its broadest context.” This Article explores the critical role that the public played in creating Crissy Field Marsh, a unique feature of the Presidio in the Golden Gate National Recreation Area. Public involvement is always critical to the operation of the National Park Service. In nearly every new project, members of the public are involved in every step, including but not limited to lobbying politicians, commenting on environmental documents, raising …

Protecting The Ballona Wetlands In West Los Angeles: A Look Back At Three Decades Of Urban Habitat Advocacy, Carlyle W. Hall, Jr.

Golden Gate University Environmental Law Journal

Surrounded by densely populated West Los Angeles, the Ballona Wetlands are a remnant of a larger, flourishing coastal ecosystem that has been subjected to over a hundred years of urban assault. Ninety-eight percent of Los Angeles County’s historic wetlands have been filled and developed, and more than a century of abuse and neglect have severely degraded the Ballona Wetlands. Nonetheless, the Ballona Wetlands remain “one of the most important pieces of wildlife habitat” in the region, and they constitute the County’s largest remaining coastal wetland.

As might be expected when an important, severely endangered coastal natural resource located in a …

Open Spaces In Tight Places: An Introduction To The Issue, Paul Stanton Kibel, Kathleen E. Nitta

Golden Gate University Environmental Law Journal

No abstract provided.

Table Of Contents

Golden Gate University Environmental Law Journal

No abstract provided.

Masthead

Golden Gate University Environmental Law Journal

No abstract provided.

The 2012 Environmental Law Symposium: California's Urban Wildlands: Cities As Habitat, Golden Gate University School Of Law

Environmental Law Symposia

Welcome to the 2012 Environmental Law Symposium, held in conjunction with ENVIRONMENTAL LAW JOURNAL the publication of this year's edition of the Golden Gate University Environmental Law Journal's Symposium: The City as Habitat: A Place for Urban Wildlands. This edition and our Symposium bring to the stage discussions of California's urban habitats, including the Presidio's Crissy Field in San Francisco, the Ballona Wetlands in Playa Del Ray in Southem California, the Santa Monica Mountains Conservancy, and many others. Today we join many urban planning circles in the discussion on preserving a prominent place for greenspace and wildlife habitat amongst the …

(Do) We Need A European Civil Code (?), David Schmid

Annual Survey of International & Comparative Law

The paper will first explain the historical developments that may one day support a European Civil Code. Next, it will examine other options available to reach the goal of unification and will then give an overview of the problems concerning the competence of the European Union for a European Civil Code. Arguments for both the critics and the supporters of the implementation of such a Code will be examined. Finally, this paper will try to develop options for further proceedings and will end with a conclusion of the findings.

Cite as: 18 Annl. Survey Int'l. Comp. L. 263 (2012).

China In Africa And The Law, Salvatore Mancuso

Annual Survey of International & Comparative Law

This paper is based on the enormous amount of Chinese investments in Africa, with the objective of considering the legal aspects involved therein. Under international business law, commercial relations are usually ruled according to the law of the country hosting the investment.

This paper will examine the challenges presented by Chinese investments in Africa given that the systems of business law in Africa are generally out of date and enforcement mechanisms under Western rule of law standards are often far from the reality. This observation is accompanied by the fact that there is presently a wide movement towards legal integration …

Corruption And Bribery In Islamic Law: Are Islamic Ideals Being Met In Practice?, Mohamed A. Arafa

Annual Survey of International & Comparative Law

Islam looks to a significant degree to moral development within the individual to strengthen resolve and foster self-restraint. The focus is upon shaping the higher-order preferences elaborated in the Qur’an and the Sunnah through the law of Sharie‘a, reinforced by a powerful spiritual incentive system. Both legal systems—domestic and international—can learn from the Islamic legal system. To get a better understanding of this law, Part I will present a brief survey of Islamic law and Fiqh (“Islamic Jurisprudence”), sources of this law, the famous Islamic schools of jurisprudence (“Fiqh Al-Mazaheb/madhhabs”), and then an overview of the fundamental legal principles in …

The Saudi Securities Law: Regulation Of The Tadawul Stock Market, Issuers, And Securities Professionals Under The Saudi Capital Market Law Of 2003, Gouda, Bushra Ali Gouda

Annual Survey of International & Comparative Law

On July 31, 2003, the late King Fahd of Saudi Arabia issued Royal Decree number M/3, officially announcing the constitutive law of the securities industry, the Capital Market Law, and leading the Saudi Kingdom into new territory: capital market regulation. For Saudi businessmen, as well as many attorneys, the question “what are securities laws?” is a fair one. Securities laws are the body of rules that regulate certain subjects and issues pertinent to trade in securities, such as the registration and listing of companies in the stock market, securities professionals, the operation of the securities markets, the regulation of investment …

An Overview Of The Challenges Facing The International Court Of Justice In The 21st Century, S. Gozie Ogbodo

Annual Survey of International & Comparative Law

The effectiveness of the International Court of Justice (ICJ) is critical for global survival and progress in the 21st century. Unfortunately, after over six decades in existence, the Court’s influence is declining. This work argues that to revitalize the influence and effectiveness of the Court, some vital reforms must be undertaken in the ICJ system. These reforms must address: (1) the process of election and re-election of ICJ judges; (2) the conflict of interest arising from the presence of permanent members of the United Nations Security Council on the Court; (3) the issue of the Court’s compulsory jurisdiction; and (4) …

Impediments To Human Rights Protection In Nigeria, Jacob Abiodun Dada

Annual Survey of International & Comparative Law

The promotion and protection of human rights have engaged the attention of the world community, and though the African country of Nigeria has subscribed to major international human rights instruments, violations continue to occur with disturbing frequency and regularity in that nation. Why is this so? This article examines the multifarious and multidimensional impediments which have hamstrung meaningful enjoyment of human rights in Nigeria. It points out the shortcomings of the dualist model under the Nigerian Constitution and stresses the objectionable wide amplitude of the derogation clauses. It also makes suggestions for reform.

Cite as: 18 Annl. Survey Int'l. Comp. …

Corrective Rape In South Africa: A Continuing Plight Despite An International Human Rights Repsonse, Roderick Brown

Annual Survey of International & Comparative Law

First, this paper will discuss the historical and societal basis for corrective rape, then, its scope and presence globally. Subsequently, the paper will introduce the laws and policies that should address the problem of corrective rape, and how the South African state and citizens violate them, including, first, the international human rights framework that existed before corrective rape came into the spotlight; then, it will address the recent developments that were instituted in response to violations of LGBTI rights globally. Finally, the paper will provide specific laws and policies that should be implemented in order to provide effective and durable …

Creating Capital From Culture - Re-Thinking The Provisions On Expressions Of Folklore In Ghana's Copyright Law, Gertrude Torkornoo

Annual Survey of International & Comparative Law

This paper examines three tensions created by the manner in which Ghana’s TCEs are regulated under the Copyright Act. The first tension is the divergence between the context of private rights and communally created works. While one of the fundamental principles of copyright law is to reward specific and identifiable sources of creativity, Act 690 grants copyright in communally created art. There is also divergence between the usual designated duration of copyright and the antiquated nature of most expressions of folklore, including kente and adinkra expressions.

The second tension arises from the fact that the placement of copyright in Ghana’s …

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

Foreward, Jon H. Sylvester

Annual Survey of International & Comparative Law

No abstract provided.

Masthead

Annual Survey of International & Comparative Law

No abstract provided.

Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena

Theses and Dissertations

Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.

Public policy is a concept that is …

In Vino Veritas: A Dispatch From The City By The Bay, Christopher W. Behan

Articles About GGU Law

No abstract provided.

2012 Highlights From Golden Gate Law, Lisa Lomba

Articles About Faculty

GGU Law faculty are distinguished by myriad achievements that enhance our students' experience and success in school and in the profession. In and beyond the confines of the classroom, GGU Law professors provide students with practical experience and close mentoring. We are pleased to share some 2012 highlights that reflect the practicality and substance, the theory and practice, for which we are so justly known.

The Ip Law Book Review, Vol. 3 #1, November, 2012, William T. Gallagher, Marc H. Greenberg

Intellectual Property Law

REVIEWS AND REVIEWERS:

MORAL RIGHTS: PRINCIPLES, PRACTICE AND NEW TECHNOLOGY, by Mira T. Sundara Rajan Reviewed by Cyrill P. Rigamonti, University of Bern

CLEAN TECH INTELLECTUAL PROPERTY: ECO-MARKS, GREEN PATENTS, AND GREEN INNOVATION, by Eric L. Lane Reviewed by Joshua D. Sarnoff, De Paul University College of Law

COMPLEX COPYRIGHT: MAPPING THE INFORMATION ECOSYSTEM, by Deborah Tussey Reviewed by Shubha Ghosh, University of Wisconsin Law School

IMITATION TO INNOVATION IN CHINA: THE ROLE OF PATENTS IN BIOTECHNOLOGY AND PHARMACEUTICAL INDUSTRIES, by Yahong Li Reviewed by Benjamin P. Liu, John Marshall Law School

Environmental Law News - November, 2012, Elcj

Environmental Law and Justice Clinic

No abstract provided.

Environmental Law And Justice Clinic Fall 2012 Report, Helen H. Kang

Environmental Law and Justice Clinic

Founded in 1994, the Environmental Law and Justice Clinic serves the dual mission of training law students to be effective and ethical advocates and assisting low-income communities and communities of color to reduce the disparities of pollution. The Clinic is staffed by ten to twelve law students, two full-time professors, and a Graduate Fellow. The State Bar certifies the law students to perform lawyerly tasks under the supervision of their professors.

The Clinic’s 2012 work focused primarily on advocating for safe drinking water, ensuring a renewable energy future, and reducing the disparities of air pollution. This Fall 2012 report highlights …