Law Commons^™

Los Angeles’S Social Equity Cannabis Applicants Are Getting Left In The Weeds, Kaitlin Martinez

GGU Law Review Blog

The passage of California Proposition 64 (Prop 64) opened the door for cities to grant licenses to businesses for the purpose of selling cannabis and to legalize personal recreational use within their own jurisdiction. The City of Los Angeles, unlike other cities, delayed the licensing of new cannabis businesses while they refined and reworked regulations to include a Social Equity Program. The City acknowledged the cannabis criminalization and enforcement had long-term and disproportionate impacts to low-income and minority communities during The War on Drugs. The Social Equity Program is designed to repair those harms by creating regulations to support and ...

How To Fix Legal Scholarmush, Adam J. Kolber

Faculty Scholarship

No abstract provided.

The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig

Joint PIJIP/TLS Research Paper Series

No abstract provided.

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 ...

Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen

Poverty Law Conference & Symposium

Anti-immigration laws create unreasonable obstacles to the academic advancement of undocumented students. A close analysis of Proposition 187 and HB 56 will show how undocumented students are still facing hardship as they navigate American schools. Also, looking at the aftereffects of Proposition 187 will help uncover ways in which all states can help support undocumented children in their academic achievements. As Justice Brennan once wrote, “Education has a fundamental role in maintaining the fabric of our society.”

Following the introduction, Part II of this essay reflects on the 1982 landmark case, Plyler v. Doe. Part III compares two anti-immigration laws ...

Creating And Undoing Legacies Of Resilience: Black Women As Martyrs In The Black Community Under Oppressive Social Control, Leah Iman Aniefuna, M. Amari Aniefuna, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

This paper contextualizes the struggles and contributions of Black motherhood and reproductive justice under police surveillance in Baltimore, Maryland. We conducted semi-structured interviews with mothers regarding their experiences and perceptions of policing in their community during the aftermath of the police-involved death of Freddie Gray. While the literature disproportionately focuses on Black males, little knowledge is known about the struggles and contributions of Black mothers in matters concerning police brutality and the fight against institutional violence. There still remains the question regarding the role of and impact on Black mothers during matters of institutional violence against Black children. We fill ...

No Choice: At The Crossroads Of Poverty And Decreasing Abortion Access, Marja-Leena Aaltonen

Poverty Law Conference & Symposium

This paper will briefly review a portion of current abortion law in the United States and then focus on the problem through a lens of poverty with regard to access. Then the discussion will turn to lawmakers’ and religious interests’ interference in family planning decisions. Finally, I offer two steps toward making abortion more accessible to all but especially toward mitigating the costs of accessing abortion.

Blockchain Technology And The Irs: How The Use Of Blockchain Technology Could Interfere With A Taxpayer’S Privacy Rights, Michelle Yang

Blockchain Law

We will examine the benefits and dangers of implementing blockchain technology within the IRS framework. In the context of filing and reviewing tax returns, implementing blockchain technology within the tax industry could soften the relationship between the government, particularly with the IRS, and the taxpayer with speedier refunds, more efficient communications, and a uniform effort to deal with controversy more effectively. Part II will provide a brief background on the pros and cons of using blockchain technology to file tax returns. Parts III and IV will focus on two of the current laws governing cyberspace technology and how each law ...

Legal Issues For Blockchain In An Environment Most Unkind, Tyler Kirsch

Blockchain Law

SpaceChain is looking to use an operating system based in blockchain for two purposes: first, it can be used to allow a constellation of satellites to communicate; and second, it can be used to ensure compliance to the rules set for the constellation.27 If a group of satellites launch with a smart contract that states both the purposes of the constellation parts and whole, outcomes can be coded into the satellites for compliance purposes.

SpaceChain is hoping, through the use of this OS, to make an “agnostic” jurisdiction. By this, SpaceChain is looking to not build a traditional jurisdiction ...

The Case For Blockchain In The Beauty Industry, Sumanpreet Kaur

Blockchain Law

Part II of this paper addresses the legal issues presented by counterfeit cosmetics and false claims, and also compares the regulatory landscape in the United States versus that of the European Union. Part III analyzes how blockchain can be used to fill in the gaps left by the lack of strong regulations in the United States and provide consumers reliable methods of authenticating the ingredients in their personal care products. Part III also explains how Cult Beauty is implementing blockchain in its business. Part IV discusses the potential hurdles and negatives of using blockchain in the beauty industry. Part V ...

Utilizing Estate Plans To Achieve Economic Justice, Geber Penate

Poverty Law Conference & Symposium

Bayview has been the home to many black families for decades. However, the inability of title-holders to create distribution plans for their estate before their death has contributed to their ultimate displacement. When a title-holder of property dies, their property is required to go through a court system known as probate. The probate court system has various functions ranging from identifying assets, calculating any owed taxes and fees, and distributing property. The only way to avoid probate is through the execution of a probate-avoidance distribution document, which is mentioned in further detail below. The probate court system, to say the ...

Lgbtq Youth Homelessness And Discrimination In The Child Welfare System, Markie Flores

Poverty Law Conference & Symposium

Despite the existence of LGBTQ anti-discrimination laws, LGBTQ youth are still being discriminated against within the foster care system. The primary cause of all youth homelessness is family conflict, and LGBTQ youth are more susceptible to family conflict when they come out to their parents. The Williams Institute surveyed 354 agencies throughout the United States who work with LGBTQ homeless populations and found that 68% of clients have experienced family rejection. The True Colors Fund notes that more than 1 in 4 LGBTQ teens are forced to leave their homes after coming out to their parents. LGBTQ youth also face ...

Poverty, Domestic Violence, And The Covid-19 Pandemic, Tammy Henson

Poverty Law Conference & Symposium

There is a distinct correlation between domestic violence and level of income; the lower the income, the higher the prevalence of domestic violence. When poverty and domestic violence intertwine, the consequences for a family in poverty can be devastating. The COVID-19 pandemic of 2020 has added immense pressure to families in poverty already suffering economic hardship. The sudden loss of income due to the nationwide shelter in- place mandate coupled with prolonged proximity to partners and children all day make for a ticking time bomb for many families in poverty.

Law enforcement, criminal courts, and family & dependency courts follow standard ...

Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz

Poverty Law Conference & Symposium

Nearly fifty years since the passage of the Clean Water Act (“CWA”) in 1972, widespread pollution of California’s surface and groundwater continues across the state. “Over half of California’s lakes, bays, wetlands, and estuaries are too polluted to swim, drink, or fish,” according to the State Water Resources Control Board. Poor and working-class communities suffer disproportionately from the negative externalities and environmental impacts of water pollution, including effects on human health and wellness.

With a focus on the CWA citizen suit provision, this paper examines how the legal and administrative processes for water pollution control have not effectively ...

Blockchain For Factory Workers: A Study Of Levi’S Worker Well-Being Program, Mary Basile

Blockchain Law

Part I of this paper will provide a bit of background on blockchain technology, and the Worker Well Being Program (“WWBP”) implemented at Levi Strauss through their Levi Strauss Foundation. Part II will expand on relevant international law related to labor rights, with a particular focus on the UNDHR and the ILO. Part III will analyze the current state of and need for a shift in focus on worker well-being, especially considering the current global pandemic and recurring need for a federal minimum wage that moved beyond just a living wage, which it currently is not, to one that allows ...

11th Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Judge Morgan Christen, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Agenda
January 24, 2020

ELEVENTH ANNUAL CHIEF JUSTICE RONALD M. GEORGE DISTINGUISHED LECTURE SERIES
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
COURT SAN FRANCISCO, CALIFORNIA

5:00 p.m. WELCOME Anthony Niedwiecki Dean, Golden Gate University School of Law

LAW REVIEW INTRODUCTION Kyndal Currie (JD ‘20) Editor-in-Chief, Golden Gate University Law Review

Alyssa Chavers (JD ‘20): Williams v. Gaye: Further Blurring the Lines Between Inspiration and Infringement

Allyson M. McCain (JD ‘21) Perez v. City of Roseville: Constitutional Protection for the Public Employee in “Matters Pertaining to Sex”

5:30 p.m. INTRODUCTION Hon. Ann C. Moorman (JD ...

An Essay On The Quieting Of Products Liability Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein

Faculty Scholarship

No abstract provided.

There’S Feminism In These Judgments, Anita Bernstein

Faculty Scholarship

No abstract provided.

Courts, Culture, And The Lethal Injection Stalemate, Eric Berger

College of Law, Faculty Publications

The Supreme Court's 2019 decision in Bucklew v. Precythe reiterated the Court's great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts' deference, executions have ground to a halt in numerous states, often due to lethal injection problems. State officials and the Court's conservative Justices have blamed this development on "anti-death penalty activists" waging ''guerilla war" on capital punishment. In reality, though, a variety of mostly uncoordinated actors motivated by ...

Regulatory Malfunctions In The Drug Patent Ecosystem, Ana Santos Rutschman

All Faculty Scholarship

Patent protection for several of the world’s best-selling and most promising drugs — biologics — has begun waning. Over the next few years, many other drugs in this category will lose critical patent protection. In principle, this should open the United States market to competition, as more manufacturers are now able to produce relatively cheaper versions of these expensive drugs, known as biosimilars. That, however, has not been the case. This Article examines this problem in the context of the articulation between anticompetitive behaviors and regulatory interventions in the biopharmaceutical arena, and argues for a novel solution: a timelier response provided ...

Negative Liberty Meets Positive Social Change, Anita Bernstein

Faculty Scholarship

No abstract provided.

Ggu Law’S 7th Annual Veterans Law Conference Tackles Military Assault And The #Metoo Movement, Golden Gate University School Of Law

Press Releases

On November 1, 2019, Golden Gate University School of Law (GGU Law) will host its 7th Annual Veterans Law Conference with the focus on military sexual assault through the lens of the #MeToo movement. The goal of the conference is to highlight the problem of military sexual violence in order to help craft better preventative solutions.

Navigating Introvert Hell, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod

Faculty Scholarship

No abstract provided.

2019 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

No abstract provided.

Promoting Discipline Specific Literacy For Law & Paralegal Studies Students: Libguides As Transitional & Professional Tools, Marissa Moran, Kimberly Abrams

Publications and Research

Developing LibGuides for Law and Paralegal Studies students at New York City College of Technology arose from the following question: how do we change the way legal studies students think of the Library as a resource to better assist them in their transition to college level-research and a future career as a paralegal. At the heart of this question is the importance of discipline-specific information literacy at the college and professional levels. Many students have difficulty with locating relevant information to complete course assignments partly because library resources are both fragmented and cohesive. Thus, while part of the transition to ...

Report On The Investigation Into Russian Interference In The 2016 Presidential Election. Volumes I & Ii. (Redacted Version Of 4/18/2019), Robert S. Mueller Iii

U.S. Department of Justice Publications and Materials

EXECUTIVE SUMMARY TO VOLUME I

RUSSIAN SOCIAL MEDIA CAMPAIGN

The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation- a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Y evgeniy Prigozhin and companies he controlled. Pri ozhin is widel re orted to have ties to Russian President Vladimir Putin [redacted]

In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission with instructions [redacted]

The IRA later used social ...

Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee

Faculty Scholarship

No abstract provided.

Face Fear - Don't Fake It, Heidi K. Brown

Faculty Scholarship

No abstract provided.