Law Commons^™

Financing The Next Silicon Valley, Darian M. Ibrahim

Darian M. Ibrahim

Silicon Valley’s success has led other regions to attempt their own high-tech transformations, yet most imitators have failed. Entrepreneurs may be in short supply in these “non-tech” regions, but some non-tech regions are home to high-quality entrepreneurs who relocate to Silicon Valley due to a lack of local financing for their start-ups. Non-tech regions must provide local finance to prevent entrepreneurial relocation and reap spillover benefits for their communities. This Article compares three possible sources of entrepreneurial finance—private venture capital, state-sponsored venture capital, and angel investor groups—and finds that angel groups have distinct advantages when it comes to funding innovation …

The Legal Roles Of Shareholders And Management In Modern Corporate Decisionmaking, Melvin Aron Eisenberg

Melvin A. Eisenberg

Discusses the legal roles of shareholders and management in modern corporate decisionmaking in California. Managerial conflicts of interest; Statutory models of decisionmaking; Voting and appraisal rights in corporate combinations and divisions.

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Lisa R Pruitt

Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky

Hari Osofsky

This Essay analyzes local climate regulation in San Bernardino County as a window into the complexities of defining a local scale in an interconnected world. In so doing, it aims to contribute to the Symposium's broader dialogue about "Territory Without Boundaries" and the Panel's more specific discussion of "Urban Territory in a Global World." As a purely territorial matter, U.S. cities and counties differ substantially in their sizes, the quantity and physical characteristics of their land, the size and density of their populations, and the needs of their citizens. Structurally, these localities remain administrative subunits of states, but they also …

Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger

Robert M. Sanger

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Lisa T. Alexander

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …

The Power Of A Presumption: California As A Laboratory For Unauthorized Immigrant Workers’ Rights, Kati L. Griffith

Kati Griffith

In recent years, California has served as the primary laboratory for policy experimentation related to unauthorized immigrant workers’ rights. No other state, to date, has advanced comparable policy initiatives that preserve state-provided workers’ rights regardless of immigration status. Through close examination of two open Supremacy Clause questions under California’s Agricultural Labor Relations Act, the article illustrates that states can, as a constitutional matter, and should, as a policy matter, serve as laboratories for unauthorized immigrant worker rights. Exploring the outer boundaries of state action in this area is particularly compelling given the significant labor force participation of unauthorized immigrants in …

Conflict Of Laws: Foreign Law As Datum, Herma Hill Kay

Herma Hill Kay

Examines the contributions of California Supreme Court Chief Justice Roger Traynor to the field of conflict of laws. Review of the case of the 'Estate of Perkins'; Case of 'Bernkrant v. Fowler'; View that Traynor's approach to a conflicts problem cannot be equalled by other judges.

Legal Planning For The Mentally Retarded: The California Experience, Herma Hill Kay, Louise J. Farnham, Beth Davis Karren, Jeanne Knakal

Herma Hill Kay

Focuses on the development of legal planning for the mentally retarded in California from 1960 to 1971. Role of two pioneering organizations on the study of mental health services and retardation; Theoretical basis for requiring court commitment as part of hospital admission process; Effect of legal implications of commitment on the retarded; Impact of legal aspects on parents' motivation for the retarded's care facilities; Creation of legal tool for coordinating services on a personal basis.

Introduction: Practical Reason And The Scholarship Of Philip P. Frickey, Daniel A. Farber

Daniel A Farber

The article profiles Philip P. Frickey, a former law professor at the University of California, Berkeley. It says that Frickey graduated from the University of Kansas in 1975 and from the University of Michigan Law School in 1978. It states that he practiced law in Washington, D.C. for a few years before joining the faculty of the University of Minnesota Law School, where he taught for seventeen years. It reveals that professor Frickey joined the Berkeley Law staff in 2000.

California Climate Law---Model Or Object Lesson?, Daniel A. Farber

Daniel A Farber

In the invitation to this Symposium on Reconceptualizing the Future of Environmental Law, the organizers explained that the Symposium “focuses on the continued expansion of environmental law into distinct areas of the law, requiring an increasingly multidisciplinary approach beyond that of traditional federal regulation.” In short, the question posed is about the future proliferation of environmental measures outside the previous domains of federal environmental statutes. At the risk of being guilty of local parochialism, I would like to discuss how the future described by the organizers has already arrived in California--both in the sense that a great deal is happening …

Color At Century's End: Race In Law, Policy, And Politics, Christopher Edley, Jr.

Christopher Edley

No abstract provided.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.

Lawyers As Advocate In Public Health Practice, Joan Mcnamara, Janice Carson, Stephen Bundy, Marice Ashe

Stephen Bundy

Focuses on the role of lawyers as advocates in the administration of public health. Discussion of the roles of legal counsel to public health agencies; Impact of lawyers on the formation of public health laws and policies; Description of the role of legal counsel in public health administration in San Diego, California, and South Bend, Indiana, and across the U.S.; Aspect of professional ethics in the role of lawyers in public health advocacy.

Underground Environmental Regulations: Regulations Imposed As Mitigation Measures Under Ceqa Violate The California Administrative Procedure Act, Jonathan Wood

Jonathan Wood

What happens when an agency adopts a regulation under the California Environmental Quality Act as mitigation for a program’s environmental impact, without complying with the procedural requirements of the California Administrative Procedure Act? According to a recent California Court of Appeal decision – Center for Biological Diversity v. Department of Fish and Wildlife – these mitigation measures, which this article refers to as underground environmental regulations, are invalid. This article defends that interpretation and addresses its consequences for agencies and the regulated public. Although these additional procedural protections benefit regulated parties in a variety of ways, they can also burden …

Old Habits Die Hard: Past And Current Issues With Eugenics And Forcible Sterilizations In California, Stephanie Lauren Borrowdale

Stephanie Lauren Borrowdale

While other states have been able to successfully move past their history with eugenics by acknowledging and redressing the harm caused, the issue of forcible sterilizations lingers in California. As the California legislature dealt with a new breed of eugenic policies that emerged in the state penal system, is enough being done to address California’s reliance on forcible sterilizations? This Comment addresses California’s history with forcible sterilization practices and the current issues with sterilization procedures in the California penal system, as well as what measures California has taken to remedy these issues.

A Fishery, A Sanctuary, A Sink, And A Disaster: The Often Hapless Management Of California's Salton Sea, William M. Mclaren

Will McLaren

Over a century ago, a series of questionable management decisions and water-diversion engineering mistakes in Southern California produced an “unnatural” waterbody called the Salton Sea. Since then, the Sea has served as a recreational destination with fluctuating popularity, a sanctuary for migratory birds, a sink for agricultural runoff and urban wastewater, and one of the most productive tilapia and corvina fisheries in the United States. However, the Sea’s resources and associated uses have steadily deteriorated since its formation.

The contrast between the ethics that drove resource management decisions at the time of the Salton Sea’s formation to those employed in …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

See The Mojave!, John C. Nagle

John Copeland Nagle

This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the CDPA. The second act …

Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber

Eric Biber

The article discusses climate change policy and the political aspects of green technology in America in the wake of the defeat of the global warming-related ballot initiative California Proposition 23 in 2010. The political dynamics of climate change policy are addressed, along with American environmental law, federal climate change legislation, and the California Air Resources Board. The political campaign contributions from the Valero and Tesoro oil companies in Texas are examined.

I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah Ho

Jeremiah A. Ho

This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …

Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili

Peter Zablotsky

No abstract provided.

Not For The Truth Of The Matter: Defendant's Hearsay And The Necessity Of Limiting Instructions In Psychological Defenses, Brian A. Ford

Brian A Ford

This paper presents a thorough discussion of the use of a defendant's hearsay statements to a psychological expert as the basis of the expert's opinion at trial, under California Law.

Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch

Allen W Hubsch

The accompanying note addresses an important and topical issue. In May 2012, Ted Olson, the former Solicitor General of the United States, and Theodore Boutrous, co-chair of the appellate practice at Gibson Dunn & Crutcher, filed a complaint in Los Angeles Superior Court, entitled Vargara v. California, naming the State of California, the California Department of Education, the Los Angeles Unified School District and others as defendants.

The complaint alleges that California’s teacher tenure statutes are unconstitutional under the California constitution because such laws have the effect of preventing school districts from providing a quality education to school age …

Welfare Fraud And The Fourth Amendment , Erik Luna

Erik Luna

No abstract provided.

Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch

Allen W Hubsch

The accompanying note addresses an important and topical issue. In May 2012, Ted Olson, the former Solicitor General of the United States, and Theodore Boutrous, co-chair of the appellate practice at Gibson Dunn & Crutcher, filed a complaint in Los Angeles Superior Court, entitled Vargara v. California, naming the State of California, the California Department of Education, the Los Angeles Unified School District and others as defendants.

The complaint alleges that California’s teacher tenure statutes are unconstitutional under the California constitution because such laws have the effect of preventing school districts from providing a quality education to school age children. …