Law Commons^™

Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad

San Diego Journal of Climate & Energy Law

In understanding the post Paris energy transitions, this Article analyzes the intergovernmental organization, IRENA, as a means of working toward sustainable energy. Clean energy is an alternative to carbon emissions from fossil fuel extraction and generation. This Article looks at the formation and rise of IRENA and how the silencing of the climate controversy may continue to improve its efficacy. In other words, IRENA has steered away from the controversy of climate change i.e. climate denial. This Article will proceed in five parts. Part I explores the formation of IRENA and the positive outcomes of renewable energy deployment. Part II …

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San Diego Law Review

No abstract provided.

Masthead

San Diego Law Review

No abstract provided.

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San Diego Law Review

No abstract provided.

Masthead

San Diego Law Review

No abstract provided.

Masthead

San Diego Law Review

No abstract provided.

Alienage Jurisdiction Over Stateless Corporations: Revealing The Folly Of Matimak Trading Company V. Khalily

San Diego Law Review

The United States of America will enter the new millennium as the business leader of the world, but for how long will it be able to maintain this position? If the final years of the twentieth century are an indication of things to come, it is apparent that geographical and political borders will become even more irrelevant to the scope of business transactions. The increase in the number of offshore corporations' doing business on an international scale is evidence that the world's business leaders will readily change their locale in order to increase profits. Increasingly popular offshore jurisdictions, such as …

Masthead

San Diego Law Review

No abstract provided.

New Concern For Transnational Corporations: Potential Liability For Tortious Acts Committed By Foreign Partners

San Diego Law Review

This Comment addresses these broad issues in three parts. First, it discusses past initiatives by various governing bodies and private groups to handle the problem of TNCs investing in countries that commit grave human rights violations. 14 More specifically, the efforts discussed are those of the United Nations, the U.S. Congress and the President, state and city governments, and private groups. 5 Because of the U.S. government's desire to promote free trade, none of these efforts has proved effective in regulating investment activity overseas.

Masthead

San Diego Law Review

No abstract provided.

Masthead

San Diego Law Review

No abstract provided.

Performing "Legality" In The Theatre Of Hostilities: Asymmetric Conflict, Lawfare And The Rise Of Vicarious Litigation, Prof. Dr. Nikolas M. Rajkovic

San Diego International Law Journal

This Article explores the extent of the change by looking at the ways in which asymmetric conflict and legalization have reshaped the theatre of hostilities and the implications for the institution of war itself. The shift from one literal battlefield to multiple and disaggregated battlespaces has led to a reconfigured theatre of hostilities, which now involves a complex mix of local and global spaces as well as kinetic and narrative forms of combat. This re-making of armed hostilities in geographical, material, and social terms has increased access to the drama, stage, and audience of military theatres. Further, the more globalized …

V. 21-2, 2020 Masthead

San Diego International Law Journal

No abstract provided.

Bettering The Best Interest Test: End-Of-Life Treatment Decisions For Young Children, Cassandra Dougherty

San Diego International Law Journal

The Comment will compare the laws governing end-of-life care for minors in the United Kingdom, Israel, Australia, and the United States; it will explore cases like Tinslee’s that have illustrated the disagreements between guardians and physicians over end-of-life treatment decisions for critically ill children, and it will focus on two prominent British cases. The Comment will examine the historical influences and motivations of the diverse legal schemes and how different legal systems address the relevant issues. It will conclude by proposing a model standard.

Parts I and II will explore the two pivotal concerns in determining who should make the …

Restricting Your Right To Boycott: Free Speech Implications Regarding Legislation Targeting The Boycott, Divestment, And Sanctions (Bds) Movement In The United States And The European Union, Jad Essayli

San Diego International Law Journal

On December 11, 2019, President Trump signed Executive Order 13899, which directs government agencies charged with enforcing Title VI of the Civil Rights Act to adopt a distorted definition of antisemitism intended to censor advocacy for Palestinian rights. The order conflates political criticism of the state of Israel with antisemitism—the primary reason why past attempts to pass similar legislation in Congress have consistently failed. Nonetheless, this uniliteral action taken by the President to redefine antisemitism as a means to censure criticism of Israeli polices raises genuine legal concern. Particularly considering that the same year, on February 4, 2019, the United …

Sanctuary, Safe Harbor And Aylum, But Is It Available For Domestic Violence Victims? The Analysis Of Domestic Violence Asylum Seekers In The United States And Internationally, Lauren Lee

San Diego International Law Journal

This Comment aims to interpret the United States’ asylum laws that impact domestic violence victims and analyze the effect they have both domestically and globally on those victims. Additionally, this Comment will analyze and compare Sweden, Germany, and Canada’s asylum laws and policies with United States’ asylum laws and policies in order to provide a comprehensive analysis of the effects these countries’ asylum laws have on their societies. Finally, this Comment will provide judicial and legislative recommendations to replace the current United States asylum policy with one that incorporates a domestic violence victim’s right to be granted asylum or receive …

Masthead

San Diego Law Review

No abstract provided.

Victim Or Complaining Witness: The Difference Between Guilty And Not Guilty, Michael Conklin

San Diego Law Review

A trial court’s distinction between using the language “victim” and “complaining witness” may seem trivial, but it plays a significant role in the criminal justice system. Defense attorneys argue that using the term victim presupposes what the trial is meant to determine and therefore denies defendants’ constitutionally guaranteed presumption of innocence. Some defense attorneys have gone so far as to argue that “calling the deceased a victim is just as wrong as calling the defendant a criminal.” Conversely, prosecutors point out that the term victim is frequently used in statutes and that it does not necessarily presuppose criminal activity by …

Masthead, San Diego Law Review

San Diego Law Review

No abstract provided.

Children Of Assisted Reproduction Vs. Old Dynasty Trusts: A New Approach, Kristine S. Knaplund

San Diego Law Review

Today, thousands of children are born each year using assisted reproduction technology (ART), including assisted insemination, in vitro fertilization, and gestational carriers, and the numbers continue to rise. Many of these children are not genetically related to one or both of their parents because donated gametes are used; in cases where a gestational carrier gives birth, the intended parents may adopt the child even if they are the genetic parents. Some of these ART children may find themselves clashing head on with old dynasty trusts that presume that adoptees are excluded from class terms such as “issue,” “descendants,” or “grandchildren,” …

Information Otherwise Unknowable: Carpenter As A Window Into The Judicial Decision-Making Process, Carol M. Bast, Carlton J. Patrick

San Diego Law Review

In 2017, the United States Supreme Court decided Carpenter v. United States, a landmark decision that expanded the protection of the Fourth Amendment to cell phone location records. In addition to its doctrinal importance, Carpenter—a 5–4 decision that was not split cleanly along ideological lines, and that featured a myriad of theories of Fourth Amendment jurisprudence—also holds great insight as to how judges decide cases, particularly at the level of the Supreme Court. This Article explores the process of judicial decision-making by using Carpenter as a springboard for analysis. Relying on the vast research, both legal and psychological, …

Living In The Gray: Why Today's Supported Decision-Making-Type Models Eliminate Binary Solutions To Court-Ordered Guardianships, Alexandra Wallin

San Diego Law Review

A guardianship or nothing. One option completely strips a person of his or her rights; the other option provides no protection. Both are extreme options; both are the only legal options in a majority of United States jurisdictions. Only providing legal recognition for two options aggravates the problem of granting unnecessary or overly broad guardianships for people with disabilities. Inappropriately granted guardianships consequently leads to violations of the Americans with Disabilities Act, individuals’ constitutional rights, and individuals’ human rights. However, viable intermediate options now exist that can be implemented in lieu of the two extreme options. Alternatives to guardianships simultaneously …

To Trigger Or Not To Trigger: The Catch-22 Of The Americans With Disabilities Act's Interactive Process, Kelly Kagan

San Diego Law Review

This Comment proposes solutions to help ensure persons with mental disabilities are supported in the workplace and will proceed in the following manner. Part II examines the historical background of the ADA and the employer’s role and duties under the ADA. This Part also briefly describes the elements of a “failure to accommodate” claim and a “regarded as” claim. Part III explores the current trend of ADA mental disability claims and explains how the current ADA limits employers to “reactive”—rather than proactive—solutions. This reactive approach only confuses employers and inhibits the assimilation of persons with mental disabilities into the workplace. …

Masthead

San Diego Law Review

No abstract provided.

Aid-In-Dying Nonprofits, Taimie Bryant

San Diego Law Review

In the United States, where “assisting suicide” is illegal under the great majority of state laws, nonprofit aid-in-dying organizations play important roles in legal reform and client service to those who choose to hasten death when experiencing irremediable existential and physical suffering at the end of life. Legal pathways to aid in dying rest on respect for individual autonomy in end-of-life decision-making, but they are freighted with concerns about risks to individuals who may be vulnerable to transient depression, the influence of others, and internalized beliefs that they have become a burden.

This Article explores how nonprofits use different laws …

The Fragile Future Of Aquifer Storage And Recovery, Zachary Bray

San Diego Law Review

Intensifying droughts, widespread flooding, the pressures of climate change, and the steady beat of land development are taxing American water resources as never before. As a result, many communities are “mining” aquifers they have depended upon for generations at unsustainable rates. One of the most promising tools to address the growing groundwater crisis is known as “aquifer storage and recovery,” or ASR for short. The basic idea behind ASR is straightforward: when a community has excess surface water, it may be best to store it underground for future use, given the greater cost, evaporation loss, and environmental disruption associated with …

All Dried Up: Averting The Day Zero Water Crisis Through Tax Reform, Garrett Gaughan

San Diego Law Review

Demand-side solutions seek to control consumption by increasing the price of the resource. This type of solution is distinct from previous methods of water sustainability because it targets individuals’ perceptions regarding the true cost of water. Over time, this will permanently change our attitudes toward how we use water, thus achieving long-term sustainability. The problem with the demand-side method as applied to water is that the marketplace, which acts as the enforcement mechanism, does not take into account “good” and “bad” uses of water or the fact that individuals with few economic resources still require water to survive and earn …

"The Spirit Of" Due Process As Advocated By Charles Lindbergh: Revisiting Pacific Air Transport V. United States, 98 Ct. Cl. 649 (1942), Thomas C. Clark, Ii

San Diego Law Review

Although the Air Mail Affair dominated the country’s headlines as it unfolded throughout the winter and spring of 1934, it is mostly a forgotten chapter in American history. Without warning, President Franklin D. Roosevelt and his Postmaster General James Farley annulled the airmail contracts with more than thirty different commercial airlines. On February 9, 1934, Roosevelt entered Executive Order 6591 directing the U.S. Army Air Corps to fly the mail instead of the commercial airlines, which were denied a grievance procedure or an opportunity to be heard.

The carriers filed suit, but the United States Court of Claims did not …

The Tort Of Interference With Custody: A Tale Of Two Jurisdictions, David Crump

San Diego Law Review

Interference with custody is a malignant tort. As a result, most jurisdictions have recognized liability for the underlying conduct through the common law or by statute. But the proper function of this legal theory requires balanced adjudication. When former spouses are cooperative, they usually act informally to adjust visitation, and a jurisdiction that applies the interference tort too broadly may discourage this desirable behavior. On the other hand, a jurisdiction that makes the tort too difficult to prove may encourage destructive conduct.

This Article considers two examples: cases from different states, with different results. A decision by the New Jersey …

Expansion Of Joint Employer Liability Theory On The Horizon: The Ninth Circuit Adopts The Agency Test In Eeoc V. Global Horizons, Inc., Kelly Kagan

San Diego Law Review

Courts have not uniformly applied a test to determine whether an entity may be held liable under Title VII as a joint employer. Some courts have analyzed liability based on varying degrees of control. Other courts have applied elaborate multifactor tests to determine whether an employer controlled an employee’s work and employment. Still others have examined whether two separate entities “co-determine . . . essential terms and conditions of employment.” In particular, one of the most prevalent tests is the Darden test, under which the Supreme Court “adopt[ed] a common-law [agency] test for determining who qualifies as an ‘employee’” when …