Law Commons^™

Designing A Standard Assets Registration System To Reduce Corruption In Afghanistan: What Afghanistan Can Learn From Examining Model Assets Declaration Systems, Zalmay Mallyar

San Diego International Law Journal

Corruption in Afghanistan has emerged as one the greatest challenges to strengthening national and subnational governance and rebuilding a transparent and accountable system public services. One way that corrupt actors in Afghanistan have perpetuated corrupt practices is through hiding assets. Currently, Afghanistan has no specific mechanism or system for implementing or overseeing the declaration of assets—even though it has committed to creating an assets declaration criteria system as a means to fight corruption under Article 154 of the Afghan Constitution, Article 12 of the Anti-Corruption Strategy act, and various international treaties. This paper recommends that that Afghanistan seek to create …

Refocusing The United States’ Perspective Of China And The South China Sea, Gaaret Marinelli

San Diego International Law Journal

There is a shift in world power that can be felt by world leaders and ordinary citizens alike, and its movement will realign the rest of the world. Since its rise to a great world power after World War II, the United States has maintained its position as the world’s predominant leader, both militarily and economically. However, this dominance is threatened by a formidable challenger. A rapidly ascending China is challenging the United States’ military and economic power, but the United States is not adequately positioned to meet this challenge. Some scholars theorize that China and the United States are …

Re-Conceptualizing The International Human Right To Health: An Analysis Of The Trends In Developing And Developed Countries’ Responses To Substance Use Disorders, Leonard Mukosi

San Diego International Law Journal

This Article juxtaposes addiction paradigms seen in the United States of America and Zimbabwe, two countries with diametrically dissimilar political, economic, and social systems. Thus, an insight is provided by this Article into how developing and developed countries are transitioning from punitive to curative approaches in addressing the problem of drug addiction. Positing that addiction is a health condition, this Article recognizes the optimum realization of the addict’s right to health is best met if the required international standards of health are implemented nationally to insure, treat, and evaluate addiction like other chronic illnesses.

Drug addiction is a brain disease …

22-1, 2020 Masthead

San Diego International Law Journal

No abstract provided.

Remedies For United States-Mexico Cross-Border Incidents, Sebastian A. Navarro

San Diego International Law Journal

Countries that share borders inevitably encounter issues with each other. The United States and Mexico, however, face a uniquely complicated issue: United States federal officers standing in United States territory have shot and killed individuals standing in Mexican territory, generating much tension between the United States and Mexico. Some believe that a remedy for cross-border incidents is best addressed through litigation in United States federal courts, particularly through common law causes of action that afford monetary compensation based on claims of constitutional violations. This issue was recently addressed in part by the United States Supreme Court.

Nonetheless, there are numerous …

The Costs Of Squadding Up: Determining The Employment Status Of High-Profile Esports Streamers, Chandler Martin

San Diego International Law Journal

This Comment focuses on the employment relationship of esports competitors signed to high profile teams. Specifically, players who are signed to an esports clan and stream their content live. Section II provides general background about esports, focusing on its rise and structure. This section also outlines some additional, common issues facing players. Next, it looks at South Korea’s esports industry and the steps their government has taken to protect esports players. Lastly, the section concludes with a rationale on why further analysis into the employment status of content creators signed to a clan adds to the existing literature.

Section III …

China’S Bri In Central Eastern European Countries: “17+1” Connectivity, Divisiveness, Or Pathway To Eu-China Fta?, Ronald C. Brown

San Diego International Law Journal

China’s Belt and Road Initiative (BRI) continues to embrace and connect China with European Union (EU) Member countries; the latest in 2019 with Italy, a G-7 member, also joining. EU members participating in the BRI include Poland, Greece, Italy, Hungary, Czechoslovakia, Croatia, Bulgaria, Latvia, Portugal, Romania, and Slovakia. While Germany and France lead the EU in trade and investment with China, political winds may be blowing. The EU has noticed that the seventeen Central and Eastern European countries (CEEC) under the “17+1” format, a majority of which are EU members, are capturing greater amounts of Chinese trade under their BRI …

Crisis Standards Of Care And State Liability Shields, Valerie Gutmann Koch

San Diego Law Review

The COVID-19 pandemic has overwhelmed many U.S. systems—including the already-strained medical system—intended to protect and care for its citizens. In the United States, New York became the first epicenter of the pandemic, accounting for approximately five percent of global COVID-19 cases by March 2020. Hospitals, health care providers, and policymakers soon recognized that, in New York and beyond, they faced a bleak reality that—if the spread of the virus could not be controlled—there would soon not be enough ventilators for all patients who needed them, despite hospitals practicing “surge capacity” to reduce the need for ventilators by canceling or postponing …

The Long Shadow Of Jacobson V. Massachusetts: Public Health, Fundamental Rights, And The Courts, Daniel Farber

San Diego Law Review

The COVID-19 pandemic struck the United States in early 2020. The coronavirus prompted public health mandates without precedent for at least a century. Some states almost entirely locked down. These measures inevitably impinged on activities that the Constitution would normally protect. In confronting these cases, many courts have turned to a 1905 Supreme Court case decision, Jacobson v. Massachusetts, often considered the leading case in public health law. There is little agreement, however, about how that decision fits into the current framework of constitutional law. As a result, courts have differed widely in the degree of deference they give …

We Are All Gig Workers Now: Online Platforms, Freelancers & The Battles Over Employment Status & Rights During The Covid-19 Pandemic, Orly Lobel

San Diego Law Review

Since the early days of the Coronavirus pandemic, unemployment rates leapt to the highest they have been since 1975. Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020, a $2 trillion relief package, offering augmented unemployment relief not only to employees but also to the self-employed, including gig workers. The Families First Coronavirus Response Act (FFCRA) was passed to provide sick leave in the form of tax credits that also extended to the self-employed. Beyond the governmental responses, platform companies offered new limited relief to their workers in the form of sick leave, even as …

Covid-19 And Preventing Harm To Vulnerable Children, Jessica K. Heldman, Margaret A. Dalton, Robert C. Fellmeth

San Diego Law Review

Although COVID-19 mercifully seems to affect children less severely than adults, children are far from immune from the impacts of the virus. Public health orders closing schools and businesses, cancelling events, and keeping children at home have been disruptive and distressing to many children and families. But for children who rely on government entities for protection, care, custody, and services, the effects of the public health orders can be devastating. COVID-19 and the response to it has serious implications for the safety, well-being, and development of these vulnerable children—those within the child welfare, juvenile justice, and special education systems. All …

More Than A Mask: Stay-At-Home Orders And Religious Freedom, Dorit Rubinstein Reiss, Madeline Thomas

San Diego Law Review

COVID-19 has changed our legal universe. Many states are responding by issuing stay-at-home orders, and as cases rise, may have to prohibit gatherings again. One issue states and courts have to grapple with is the relationship between stay-at-home orders and religion. Stay-at-home orders that require closing down churches may be challenged as violating the First Amendment’s guarantee of religious freedom. Under our current jurisprudence, these cases may be handled under a highly deferential standard or under strict scrutiny—depending on the specific order in question, as well as on whether the state has a Religious Freedom Restoration Act (RFRA). We recommend, …

Speaking Truth To Power And Power Speaking Truth: Accurate And Reliable Information In A Pandemic, Leslie E. Gerwin

San Diego Law Review

In this Article, I offer some preliminary ideas for how we might engage in a collective project to enable our government to improve its capacity to help us understand and respond to a future existential health threat. I first deconstruct the government informing process to analyze the points of information contestation based upon the realities we are experiencing. I then outline a project to create a space in which respected experts mediate knowledge claims and moderate contested opinions regarding the human risk of, and government response to, a public health threat. This idea embraces the ambitious goal of educating and …

Prisons And Pandemics, Camila Strassle, Benjamin E. Berkman

San Diego Law Review

This Article focuses on how to balance public health, public safety, and incarcerated people’s legal rights when implementing a program for early release from confinement. Ethical, epidemiological, and legal arguments all point to a need for an immediate reduction in the incarcerated population. However, this leaves open several points of reasonable disagreement about how to manage early release. These include how to set priorities for processing and releasing individuals across the country. For example, officials could prioritize screening individuals who are housed in facilities that have been hit hard by infection; or by screening individuals who have a safe place …

V.57-4, 2020 Masthead

San Diego Law Review

No abstract provided.

The Covid Cases: A Preliminary Assessment Of Judicial Review Of Public Health Powers During A Partisan And Polarized Pandemic, Wendy E. Parmet

San Diego Law Review

In response to the very real possibility that there will be insufficient resources to properly respond to the COVID-19 pandemic, states have been developing crisis standard of care plans, which may authorize the prioritization of patients for scarce resources based on changing circumstances and increased demands. Due to the dearth of necessary resources and trained professionals during a public health emergency, the standard of care that clinicians may be able to provide during the COVID-19 pandemic may, by necessity, depart significantly from standard nonemergency medical practice. Adhering to crisis standards of care may expose health care providers and entities to …

63rd University Of San Diego School Of Law Commencement Program, 2020, University Of San Diego School Of Law

Commencement Programs

No abstract provided.

V.57-3, 2020 Masthead

San Diego Law Review

No abstract provided.

The Innovation Winter Is Coming: How The U.S.-China Trade War Endangers The World, Kimberly A. Houser

San Diego Law Review

Massive amounts of data, increased computing power, and advances in technology have created the recent AI Spring. Some feel the continuation of this period of innovation in artificial intelligence is inevitable, but its future is in jeopardy due to the recent trade war between the United States and China. Although the United States spearheaded the globalization movement after WWII, it has shifted to a policy of protectionism and rejectionism. China, conversely, has begun to fill the gap that the United States has left in its wake with its withdrawal from multilateral trade agreements, rejection of the World Trade Organization, and …

California's Civil Grand Juries And Prison Conditions 2007-2017, Nkem Adeleye, Anne Richardson Oakes, Julian Killingley

San Diego Law Review

In this Article we evaluate the potential for California’s so-called civil grand juries to detect substandard prison conditions and maltreatment of inmates and make recommendations for improvement. We describe relevant reports by grand juries between 2007–2017 and evaluate the effectiveness of these in improving conditions in a representative sample of counties. We conclude that the civil grand jury is a potentially effective tool for oversight, but its effectiveness is hampered by competing duties, variable investigative methodologies, and lack of clear objectives for performance of its statutory duties.

The Current Anxiety About Jd Advantage Jobs: An Analysis, Susan D. Carle

San Diego Law Review

This Article will proceed in three parts. Part II provides background on how major changes in politics, economics, social organization, and conceptions of law produce change in the work lawyers do. Section II.A examines earlier eras and Section II.B situates the current changes taking place in the legal profession in this history of transformation. Section II.C examines current anxiety about JD Advantage jobs and Section II.D locates this anxiety in the forces currently producing change in how law work is organized.

Part III then undertakes a detailed empirical assessment of the publicly available data on the growth in JD Advantage …

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

San Diego Law Review

Law and economics scholars agree that business regulations have a disproportionately negative impact on entrepreneurship and innovation. It would be a significant problem indeed if the very nature of regulation inhibits this kind of growth and creativity. This view of the problem suggests that the only way to increase innovation would be to decrease regulation.

Yet this view is too general. When examined more closely, all regulations are not created equal. Regulations can be formulated as rules or standards, and they can be simple or complex. Moreover, some rules are easily understood by computers and are thus suitable for automated …

The Delaware Supreme Court Does Not Scream For Ice Cream: Director Oversight Liability Following Marchand V. Barnhill, Meghan Roll

San Diego Law Review

For nearly six years, Blue Bell Creameries’ management ignored food safety compliance concerns at all three of the ice cream maker’s manufacturing plants. These compliance issues eventually culminated in a listeria outbreak, a recall of all of the company’s products, and the death of three customers. Shareholders subsequently brought a derivative action seeking to hold the board of directors liable for failing to implement a system to oversee food safety. The Delaware Supreme Court’s decision in Blue Bell was the first to confront a Caremark claim and determine that the complaint had plead sufficient facts to support a claim that …

Masthead

San Diego Law Review

No abstract provided.

Masthead

San Diego Law Review

No abstract provided.

V.11, 2020 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Heated Conflict: Investor-Owned Utility Liability For California Wildfires Under The Doctrine Of Inverse Condemnation, Samir A. Hafez, Jr.

San Diego Journal of Climate & Energy Law

This Article addresses California Investor-Owned Utilities’ liability for wildfire damage due to equipment failure and mismanagement. Part II highlights the doctrine of inverse condemnation and how California Courts apply the doctrine to cases involving investor-owned utilities. Part III provides an overview of the statutory and regulatory provisions that govern how a utility may recover costs through customer rates. Part IV addresses the apparent conflict between these frameworks and how utilities and regulators have sought to reconcile this conflict. Part V concludes with an overview and discussion of SB 901 which seeks to maintain utility financial stability while holding the entities …

Climate-Change Related "Non-Economic Loss And Damage" And The Limits Of Law, Anastasia Telesetsky

San Diego Journal of Climate & Energy Law

This article examines the concept of “loss and damage” in a world where climate impacts are being experienced over multiple years increasingly at the community level and, as in the case of Mozambique’s lengthy recovery from Cyclone Idai, at a national level. As climate impacts increase in prevalence, policymakers are focusing greater attention on how to address the destruction and depletion from “natural” events, where the severity and frequency of these events have been exacerbated by human-fueled climate change. There is a growing recognition that these types of ongoing climate-related “problems of loss cannot be analytically or ethically assigned to …

Preemptive Attack: California's Sb 100, The Fpa, And Combatting Climate Change, Charles Kreuzberger

San Diego Journal of Climate & Energy Law

The United States contributes fifteen percent of the world’s greenhouse gas (GHG) emissions while making up only four percent of the world’s population. In recent years, the United States has made progress towards reducing the amount of GHGs we put into the atmosphere. However, there is the fear that the current administration is attempting to curtail regulations.

In 1935, the federal government passed the Federal Power Act creating two distinct jurisdictions over the energy market. This was in response to a gap in jurisdictional coverage between the states and federal government known as the Attleboro Gap. Interstate wholesale sales were …

Energy Efficiency And Distributed Solar Energy Targeted To Underserved Communities: Perspectives On The Illinois Future Energy Jobs Act, Leroy C. (Lee) Paddock

San Diego Journal of Climate & Energy Law

This Article focuses on one of the most comprehensive state laws adopted to date, aimed at significantly advancing energy efficiency and distributed solar generation in underserved communities, the Illinois Future Energy Jobs Act (FEJA). It begins by examining what constitutes energy justice and then discusses the disproportionate burdens and benefits related to energy production and use that underserved communities must deal with on a day-to-day basis. The Article then turns to a review of FEJA with a particular emphasis on the critical role community organizations played in designing, negotiating, and implementing the law. These efforts represent important development in both …