Law Commons^™

Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

V. 18-2, Spring 2017 Masthead

San Diego International Law Journal

No abstract provided.

International Regulatory Entrepreneurship: Uber’S Battle With Regulators In France, Domenic J. Martini

San Diego International Law Journal

Uber is a regulatory entrepreneur: a company that seeks to change the law in its favor. In the United States, Uber’s regulatory entrepreneurship changed the American taxi industry and the laws that regulate it. But the company’s venture into France presented unique challenges. This Comment examines Uber’s regulatory entrepreneurship in France and analyzes the factors that hindered Uber’s quest to revolutionize the French taxi industry. It discusses the tension between Uber and the French government and the policies behind both sides’ goals. It also seeks a compromise between Uber and the French regulators: one that acknowledges the issues with both …

V.23-1, 2017 Masthead

California Regulatory Law Reporter

No abstract provided.

Dental Board Of California, Jena Scarborough, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Kayla Watson, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.

Commentary

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Contractors’ State License Board, Mayra Castro, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

V. 8, 2017 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Planning For The Sun To Come Up: How Nevada And California Explain The Future Of Net Metering, Mark James, Ashleigh H. Krick, Kelsdy R. Bain

San Diego Journal of Climate & Energy Law

This Article explores the growth of rooftop solar and the future of net metering through the debates and policies of Nevada and California. Part II details the recent, rapid growth and projected future growth of solar power in the United States. Part II also describes how Nevada and Californiaare leading the nation in utilization of solar power and are already addressing issues that are likely to emerge in other areas of the country. Part III begins with a brief introduction to net metering and the national scope of net metering program reviews. Part III concludes with a summary of the …

Quick Fixes Or Real Remedies? The Benefits And Limitation Of Climate And Energy Fast Policy, Melissa Powers, Edward Jewell, Joni Sliger

San Diego Journal of Climate & Energy Law

To avoid these shortcomings, this article recommends that Oregon and other states lacking meaningful climate mitigation and energy decarbonization strategies slow down their policymaking so that they can first develop a long-term plan. These states should also ensure that their governance structures are in order. Specifically, states should ensure they have a governance system capable of designing, from the ground-up, a comprehensivestrategy to decarbonize the energy system and substantially reduce greenhouse gases by the middle of the century.[1] An adequate governance structure would also ensure that regulatory and planning agencies have the expertise, independence, and capacity to evaluate existing laws, …

Moving The Legal Needle Of Western Climate And Energy Options, Steven Ferrey

San Diego Journal of Climate & Energy Law

All fifty U.S. states are not legally equal on energy options. The Western states are different from others in three notable regards, when assessing the possibilities and tools available to dictate their future energy landscapes. That future will not be based as much on traditional fossil fuel use. There will be a transition to more use of renewable energy, such that the majority of future electric power additions will be comprised of renewable energy.[1] For context, fossil fuels are transportable within the U.S.;either by pipeline or surface transport. Renewable energy is fixed in place and in its raw form is …

From Top-Down To Bottom-Up Climate Policy: New Challenges In Carbon Market Design, Jonas Monast

San Diego Journal of Climate & Energy Law

This Article explores the shift from top-down to bottom-up approaches to carbon market design, focusing on three strategies that have emerged since 2009: the California Cap-and-Trade Program, the Clean Power Plan, and the UNFCCC process. The Article then examines the prospects for broad multilateral markets to emerge under a bottom-up approach and identifies three pathways to streamline market design choices: a coordinated approach; a dominant actor approach; and a common elements approach.

Do Mess With Texas ... ? Why Rolling Easements May Provide A Solution To The Loss Of Public Beaches Due To Climate Change-Induced Landward Coastal Migration, Carolyn Ginno

San Diego Journal of Climate & Energy Law

This paper explores the viability of rolling easements in California as well as how they might be implemented. California has the opportunity to use rolling easement doctrine to fill the public policy vacuum created by the Severance decision. By messing with Texas; precedent, California could utilize rolling easements to preserve public access to its beaches in the wake of coastal inundation resulting from climate change.
Determining whether and how rolling easements might be used in California requires an understanding of climate change as a man-made phenomenon and the impacts it has on coastal property. The next sections will outline this …

Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien

San Diego Journal of Climate & Energy Law

Natural disasters have historically wreaked havoc on the lives of animals. Hurricane Katrina, which hit the gulf coast of Louisiana in 2005, exposed the tragic vulnerabilities of pets and pet owners in disasters and brought awareness to the significance of the human-animal bond.[1] As climate change will likely breed storms that are more deadly than their predecessors, planning and preparedness are essential to mitigating the impacts of these storms. The current status of animal emergency planning and preparedness in the state of California does not ensure that such vulnerable population will be adequately protected.
Part I begins by discussing the …

The European Union’S Competence On Foreign Investment: “New And Improved”?, Dominik Moskvan

San Diego International Law Journal

The general approach of the EU towards its trade and investment agenda changed in 2006 into a vigorous use of bilateral negotiations as the Union experienced opposition from emerging countries as well as the U.S. The use of bilateral agreements was seen as a reliable instrument to efficaciously realize the Union market power that was in decline. The future erosion of the EUs market position will likely continue and this will contribute to favoring the use of bilateral instead of multilateral trade agreements with the EU. However, as far as competence is concerned, should an investment treaty be signed in …

The Dublin Regulation And Systemic Flaws, Jason Mitchell

San Diego International Law Journal

This Comment will discuss the systemic flaws in the Dublin Regulation and in the Member States asylum procedures, as well as the need for specificity in the definition of the systemic flaws; discussed in the Dublin Regulation. Section II will explain the history and source of obligation underlying the Dublin Regulation, and will also detail its development since its inception. Section III will explore the meaning of systemic flaws found in Article 3 of the Dublin Regulation. Section III will also discuss the cases decided by the European Court of Human Rights ( ECtHR ) and the European Court of …

Cuba Libre: A Verb? A Noun? Or A Cocktail?, Brian Eiselman

San Diego International Law Journal

This Article examines the nature of the history and origins of hostilities between the United States and Cuba leading up to the Embargo, and the Constitutional issue regarding the possible termination of the Embargo in view of the Helms-Burton Act. While President Kennedy enacted the Embargo unilaterally, the Helms-Burton Act usurped the power to regulate and conduct international affairs from the President, requiring a two-thirds Senate majority in order to lift or modify the Embargo.[] Arguably, this provision violates both the United States Constitution as well as International Law.[] Under the Obama Administration there was a new attitude towards Cuba, …

V.19-1, 2017 Masthead

San Diego International Law Journal

No abstract provided.

Vatican Condemnation Of Nazi War Crimes: Pope Pius Xii’S Denunciation Of Wartime Atrocities, Donald H. J. Hermann

San Diego International Law Journal

The debate on the silence of Pope Pius XII has been rekindled by recent close examination of the Pope’s 1942 Christmas Message denouncing totalitarianism and the killing of persons “only because of their nationality and race,” along with a particular condemnation of Marxist Socialism and a call for national and international relations to be based on natural law principles guaranteeing justice, order, and peace. In particular, Michael Phayer, a historian writing on the Vatican’s relation to the Holocaust, suggested a need for renewed attention to the 1942 Christmas Message. According to Phayer:

Historians . . . have been rather too …

Sub Judice And Free Speech: Balancing The Right To A Fair Trial Against Freedom Of Expression In Israel, Boaz Shnoor, Doron Menashe

San Diego International Law Journal

Over the past few years, a relatively large number of cases have arisen in Israel, in which media publications have allegedly influenced criminal proceedings. The Supreme Court of Israel has issued a number of inconsistent decisions regarding such publications.

In this Article, we will study the sub judice prohibition, analyze the concern of undue influence of media publications in criminal cases in light of contemporary behavioral literature, discuss the various approaches found in contemporary Israeli case law, and propose a new and better model.