Law Commons^™

Assembly Committee On Insurance, 2019-2020 Legislative Summary, Assembly Committee On Insurance

California Assembly

No abstract provided.

Corporate Compliance In International Technology Licensing, Homa Badamchi

Theses and Dissertations

According to the U.S. Congress, it can be inferred that "In general, the process of commercializing intellectual property is very complex, highly risky, takes a long time, cost much more than you think it will, and usually fails.”

This quote from the Congressional Committee on Science and Technology is validation on how complex commercializing intellectual property protected technology and transferring it is. International businesses are required to comply with a vast range of domestic and foreign laws and regulations when transferring or licensing their technology. A key concern is how the achieved technology would be used elsewhere and the responsibility …

The Gig Economy’S Battleground – California Proposition 22, Rebekah Didlake

GGU Law Review Blog

This November, California voters will have the chance to voice their opinion in the ongoing battle between app-based tech companies and the state of California. These companies want to continue classifying their drivers as independent contractors even though the state of California has determined these drivers are employees. So far, Uber, Lyft, and Doordash have spent $110 million backing Proposition 22, titled the “Save App-Based Drivers & Services Act.” These companies are hoping California voters will give them the relief they have not been able to receive through the courts or the state. This article analyzes Prop 22 in light …

The Ip Law Book Review, V.10 #1, William T. Gallagher, Samuel F. Ernst

Intellectual Property Law

LANDMARK CASES IN INTELLECTUAL PROPERTY LAW, edited by Jose Bellido. Reviewed by Maurizio Borghi, Centre for Intellectual Property Policy & Management (CIPPM), Bournemouth University.

UNITED STATES V. APPLE: COMPETITION IN AMERICA by Chris Sagers. Reviewed by Shubha Ghosh, Syracuse University College of Law. A response is given by Professor Sagers following the review.

PATENT REMEDIES AND COMPLEX PRODUCTS: TOWARD A GLOBAL CONSENSUS, edited by C. Bradford Biddle, Jorge. L. Contreras, Brian J. Love, and Norman V. Siebrasse. Reviewed by Bernard Chao, University of Denver Sturm College of Law.

Appellants' Opening Brief, Helen H. Kang

Environmental Law and Justice Clinic

ELJC Students and Professors File an Appellate Brief Arguing that Claims for Declaratory and Mandate Relief Should Be Actionable for the Water Board’s Abdication of Duty

On August 14, 2020, the Clinic filed a brief with the Third Appellate District in the Court of Appeal in the State of California, arguing that claims alleging that the State water board violated its own regulations in issuing permits governing are actionable under state law. These permits govern more than a million acres of cropland. On behalf of a diverse coalition of clients, the Clinic documents in the brief that polluted runoff from …

The Pharmaceutical Industry’S Corrupt Price Discrimination System: A Single Solution?, Samuel F. Ernst

Publications

The patent exhaustion doctrine generally provides that when a patent holder sells or authorizes the sale of a patented product, the patent rights in that item are exhausted. The patent holder cannot chase the item down the stream of commerce to impose restrictions on its use or resale. One issue that arises is whether a domestic sale is required to trigger patent exhaustion, or if sales overseas can also trigger patent exhaustion. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is agnostic on this question, providing that “nothing in this Agreement shall be used to address the issue …

Green Garbage: A State Comparison Of Marijuana Packaging And Waste Management, Kevin Dalia

Golden Gate University Environmental Law Journal

This article provides a brief historiography of legislative prejudice against marijuana to provide greater context as to why marijuana laws are strict, excessive, and improperly motivated, leading to environmental concerns that could be mitigated. The article compares waste management, packaging, and labeling regulations in the ten states that have legalized commercial marijuana. This comparison allows us to explore two sides of the same regulatory coin, showing examples of excessive and environmentally harmful regulations on one side, while highlighting regulations that should serve as exemplars for future legislation on the other. Also included are some of the industry practices and community …

Hostile Environments: Public Health And Environmental Impacts Of The Trump Administration’S Attempted Reversal Of Sex Stereotyping As Sex Based Discrimination, Jude Diebold

Golden Gate University Environmental Law Journal

In 2013, Aimee Stephens, an employee of six years at R.G & G.R. Harris Funeral Homes, informed her employer she is transgender, and would begin living as a woman full time. The employer disbelieved Stephens’ gender identity; they viewed Stephens as male, and in violation of their sex specific dress code for men, which requires men to wear button downs and ties, and women to wear skirts and heels. Two weeks after informing her employer of her true gender identity, Harris Funeral Homes fired Stephens, stating that her refusal to abide by the sex specific dress code as a “biological …

Vertical Consistency In The Climate Change Context, Susan M. Bradford

Golden Gate University Environmental Law Journal

This paper explores the role of general plan consistency in the context of climate change. As California’s statewide response to global warming continues to evolve, new statutory and regulatory requirements are changing the scope of local land use planning, both directly and indirectly. The San Diego case provides one example of how this changing legal framework has led to new kinds of land use conflicts over competing strategies for climate mitigation. The growing imperative for local governments to rethink land uses in response to climate change could signal a larger role for general plan consistency as a lever for enforcing …

Proceedings Of The 2019 California Water Law Symposium Panel Organized By Ggu School Of Law: Sgma And Interconnected Groundwatersurface Water, Kevin O'Brien, Richard Frank, Andy Sawyer, Alletta Belin, Paul Stanton Kibel

Golden Gate University Environmental Law Journal

California’s Sustainable Groundwater Management Act (“SGMA”) has been the topic of many discussions since its enactment in 2014. The overarching goal of SGMA is to achieve sustainable groundwater basins through management plans “without causing undesirable results.” Considering the importance and magnitude of this task, it comes as no surprise that SGMA was the theme for the February 2019 California Water Law Symposium, held at the University of California (“UC”), Hastings College of Law in San Francisco. For the Symposium, Golden Gate University School of Law (“GGU”) students gathered a panel of experts to explore the relationship between groundwater plans and …

The Animal Welfare Act Is Lacking: How To Update The Federal Statute To Improve Zoo Animal Welfare, Rebecca L. Jodidio

Golden Gate University Environmental Law Journal

Visiting the zoo is a beloved national pastime — American zoos attract 183 million people annually. For many Americans, zoos provide the first, and sometimes only, opportunity for individuals to be in the presence of animals outside of domesticated cats and dogs. However, for the animals themselves, zoos can cause suffering.

Two philosophies support the protection of wild animals in captivity: an anthropocentric and ecocentric view. According to the former, anthropocentric view, wild animals hold an extrinsic value and when they cease to be valuable to humans, or conflict with our other values, their interests can be sacrificed. The latter, …

Federalism And Water: The California Experience, Clifford T. Lee

Golden Gate University Environmental Law Journal

The struggle between California’s water plentiful north and the water deficient south has marked water conflict in the state for the last century. This struggle has played out in repeated disputes over the operation of the federal Central Valley Project (“CVP”) and the California State Water Project (“SWP”), the two inter-basin water conveyance facilities that deliver water through-out the state. Commencing in the 1920’s and 30’s with the enactment of California’s area of origin statutes and extending in more recent times to federal and state environmental laws, a complex set of legal requirements constrain the CVP and the SWP’s ability …

Why It Is Time For A “Calfire Divorce”: The Case For Establishing An Independent Forest And Resource Management Agency To Secure Healthy Forests In California, Richard A. Wilson, Sharon E. Duggan

Golden Gate University Environmental Law Journal

It is time to remove governance of California’s core sustainable forest management mandate from CalFire to allow it to focus on its overwhelming fire agency obligations. In the absence of adequate and dedicated funding and resource personnel, CalFire is not satisfying California’s forest resource management goals and objectives. After decades of decline, California must renew its fundamental commitment to sustainable forest management. The governance of forest resource management requirements, as set forth in the Z’Berg Nejedly Forest Practice Act of 1973,10 should be transferred to another agency, the focus of which is resource and land conservation. California needs one dedicated …

Front Matter

Golden Gate University Environmental Law Journal

Includes Masthead, Table of Contents, School of Law Faculty, and Administration.

2020 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

No abstract provided.

The Exhibit, The Litigation Center Newsletter - Summer 2020, Golden Gate University School Of Law

Litigation Center at Golden Gate University School of Law

No abstract provided.

The Bar Exam Taught Me Something! Or How Bar Prep Advice Helps Me Manage Life In Lockdown, Heather Varanini

Publications

There’s a refrain from most law school graduates: law school taught me nothing about the practice of law and the bar exam didn’t test any of the skills that will make me a good lawyer. But what about the other things you learned in the process?

Patel V. Facebook, Inc.: The Collection, Storage, And Use Of Biometric Data As A Concrete Injury Under Bipa, Jessica Robles

Golden Gate University Law Review

Facebook, Inc. (“Facebook”) amassed one of the most extensive facial- template databases in the world through the use of facial-recognition technology. However, Facebook is not alone; both private and public sector entities are heavily investing in improving their facial-identification technology. Facial geometry data are unique to each person and can be used to identify an individual. Once a facial image has been captured and stored in a facial-template database, “the individual has no recourse” because one cannot change facial geometry as quickly as a password or a social security number.

Although companies may use facial-recognition technology for valid purposes, uses …

United States V. Cano: The Ninth Circuit Limits Warrantless Searches Of Cell Phones At The Border, Kate Christensen

Golden Gate University Law Review

In United States v. Cano, the Ninth Circuit Court of Appeals held that certain limitations apply to searches of cell phones at the border. First, the search must be limited in scope; the search must be conducted to discover digital contraband, not evidence of a future crime. Second, if the search is forensic, meaning the search greatly intrudes upon the privacy of an individual, the search is only valid if the government actor had reasonably believed that the cell phone possessed contraband.

Perez V. City Of Roseville: Constitutional Protection For The Public Employee In Matters Pertaining To Sex, Allyson M. Mccain

Golden Gate University Law Review

Section I of this Note summarizes both of the Ninth Circuit’s opinions in the Perez matter. Section II analyzes the need to prevent the government employer from intruding on its employees’ personal autonomy rights. Section III discusses why the court’s second opinion is problematic. Section IV demonstrates why the Ninth Circuit’s first opinion is an appropriate application of the law considering the facts of the case. Section V argues that the test furthered by the first Perez decision should be used as a standard going forward. Finally, Section VI illustrates how competing decisions in other circuits would have been decided …

Williams V. Gaye: Further Blurring The Lines Between Inspiration And Infringement, Alyssa Chavers

Golden Gate University Law Review

Part I of this Note outlines the factual and procedural history of Williams and discusses the Ninth Circuit’s analysis in its first and second opinions. Part II discusses the historical background of copyright law in the United States, namely the Copyright Act of 1909 and the Copyright Act of 1976. Additionally, this section explains the structure of a music copyright infringement suit, including the elements required to make a successful infringement claim.

Part III argues why courts should presume access in music copyright infringement cases, and subsequently, abandon the inverse-ratio rule. The inverse-ratio rule should be abandoned because people’s access …

Introduction, Jacqueline H. Nguyen

Golden Gate University Law Review

No abstract provided.

Judges Of The United States Court Of Appeals For The Ninth Circuit

Golden Gate University Law Review

No abstract provided.

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Preface, Kyndal Currie, Leticia Chavez

Golden Gate University Law Review

No abstract provided.

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Faculty Advisors, Administration.

Hiv Is Not A Crime, There Should Be No Jail Time, Bacilio Mendez Ii

GGU Law Review Blog

By way of personal, activist narrative, this blog post will provide broad context to the post-Stonewall legal landscape and the gay rights (now, the LGBTQ+) movement. The stage set, the writer will inform the audience of specific injustices brought upon persons living with HIV, during modern times, in the United States, simply based on their serostatus and offer solutions and actions that readers can take themselves.

This article includes links to State-by-State Statutory Information and several embedded video interviews, as well as an extensive bibliography.

In Re. Estate Of Easterday, Corey Michelle Timpson

GGU Tax & Estate Planning Review

Whether pending divorce has an effect on entitlement to life insurance; and whether ERISA preempts state law specifically relating to enforcement of a contractual waiver in relation to pension benefits.

Children In Foster Care: The Odds Are Against Them, Shawna Doughman

GGU Law Review Blog

Most child welfare reports that lead to removal of children from their homes are filed for neglect rather than abuse. Often, their parents want to take care of them, but are failing for one reason, or for many. Nonetheless, the lion’s share of the $30 billion annual budget of state and federal child welfare funding goes overwhelmingly to foster care and adoption services which remove the children from their parents, instead of to helping those families care for their own children.

THE S

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 …