Law Commons^™

Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

December 13, 2019 letter to EPA providing additional comments on the Fourth Five Year Review and related documents which must analyze whether the cleanup is protective of human health and the environment: the Navy’s risk assessment should consider consumption of produce grown on the former shipyard; the Navy must provide rationale for the remedial goal used for radium-223; the retesting must use adequate sensitivity to detect radioactivity far below the current remedial goals which are not protective, and; the Navy continues to make unfounded assertions about the protectiveness of the remedy. (6 pages)

Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

November 7, 2019 letter to the Navy commenting on its Draft Addendum to the Five Year Review (evaluating radiological remedial goals for buildings), noting that the Navy’s process for calculating risk was inconsistent with EPA guidance in numerous instances, and resulted in underestimating risk to human health and the environment. Even so, the resulting risk was outside what EPA considers protective. (14 pages)

Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

October 14, 2019 letter to Angeles Herrera, EPA Region 9, Assistant Director, Superfund Division, Federal Facilities and Site Cleanup Branch, commenting that the Navy's protectiveness determinations are inconsistent with EPA's guidance and unsupported by the facts. (32 pages)

Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

September 6, 2019 letter to Derek J. Robinson, Navy BRAC Environmental Coordinator, providing comments from Greenaction regarding Navy' s Draft Addendum to Five-Year Review (Evaluation of Radiological Remedial Goals for Soil, Hunters Point Naval Shipyard). (25 pages)

Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

August 22, 2019 response from the Navy to Greenaction’s June 28 letter pointing to various inadequacies in the Navy’s review of protectiveness in the remedial design for the cleanup at the Shipyard. (2 pages)

California Department Of Public Health: Petition Cdph Response, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 31, 2019 letter from Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, responding to Greenaction’s July 23 inquiry, noting that CDPH is tracking the NRC and other proceedings related to Tetra Tech’s fraud, and that Tetra Tech's last radiological work in California pre-dated Greenaction’s challenge.

California Department Of Public Health: Petition Request For Action On Petition, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 23, 2019 letter to Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, asking for a response or action related to Greenaction’s petition to revoke Tetra Tech’s California Radiological Materials License.

Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

June 28, 2019 letter to Laura Duchnack, BRAC PMO, requesting meaningful public participation and challenging the use of RESRAD. (18 pages)

Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Bert Bowers in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.

Nrc Petition: Supplemental Filing No. 4, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

June 21, 2019 filing to NRC: Supplemental Filing No. 4 and Supplemental Prayer For Relief.

Nrc Petition: Supplemental Filing 4 Exhibit 7 - Declaration Of Steven J Castleman, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Steven J. Castleman in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.

Nrc Petition: Supplemental Filing 4 Exhibit 4 - Mclaughlin Declaration, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Kevin McLaughlin in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.

Cercla Cleanup 2019.03.15 Parcel G Plan Supplemental Comments, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

March 15, 2019 letter to Derek Robinson, HPNS Navy BRAC Environmental, providing comments to the Draft Final Parcel G Removal Site Evaluation Work Plan, Former Hunters Point Naval Shipyard, San Francisco, California, November 2018. (26 pages)

Cercla Cleanup 2019.02.05 Navy Prg Calculations, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

February 5, 2019 letter to Thomas A. Macchiarella, BRAC PMO, requesting that the Navy release its Preliminary Remediation Goal calculations to the public related to the Parcel G Work Plan and Five Year Review and reopen public comment on these documents. (4 pages)

Re-Examining The Line Between Personal And Political Campaign Expenditures: Possible Solutions For A Hazy Statutory Framework, Jeffrey Greenberg

Center for the Advancement of Public Integrity (Inactive)

On Wednesday, May 16, 2018, the Public Integrity Bureau of the New York State Attorney General’s Office indicted Richard Thomas. Thomas, the mayor of Mount Vernon, New York, faced felony charges of grand larceny and filing false statements resulting from the alleged theft of thousands of dollars from his mayoral campaign committee, Friends of Richard Thomas, for meals, automobile payments, and other personal expenses. While Thomas eventually pled guilty to misdemeanor charges and resigned from office, the prosecutors’ choice to use fraud and theft statutes rather than election law violations as the foundation for their theory of the case calls …

From The Basketball Court To Federal Court: Perils Of The Prosecutorial Approach To Wire Fraud In The Ncaa Basketball Cases, Paul Tuchmann

Center for the Advancement of Public Integrity (Inactive)

Three similar criminal cases involving college basketball are currently progressing through the Southern District of New York. The first to go to trial, United States v. James Gatto, Merl Code, and Christian Dawkins, No. 17 Crim. 686, culminated in a guilty verdict on October 24, 2018, with all three defendants found guilty on charges of wire fraud and conspiracy to commit wire fraud.

The United States Attorney’s Office for the Southern District of New York alleged that the Gatto defendants participated in a scheme in which the defendants—former Adidas employees Gatto and Code, as well as aspiring sports agent …

Report Of The Task Force For The Promotion Of Public Trust: City Of Atlanta, Leah Ward Sears, Derek Alphran, O.V. Brantley, Linda Disantis, William S. Duffy Jr., Robert M. Franklin Jr., Maryanne Gaunt, Lawton Jordan, Don Penovi, Michael T. Sterling, Joseph Wilkinson Jr., Paul Zucca

Center for the Advancement of Public Integrity (Inactive)

The Task Force for the Promotion of Public Trust was formed out of a desire by the Mayor and Atlanta City Council to strengthen the City’s ethical environment and analyze the City’s existing resources pertaining to oversight and investigations currently divided among a number of City agencies. The Task Force was also asked to assess the role of the City’s Independent Compliance Office, a new investigative office created by Ordinance earlier this year. The mandate of the Task Force was to juxtapose an analysis of the operational roles of the multiple offices in Atlanta responsible for investigations, ethics, oversight, audit, …

Chapter: “Health Law And Ethics”, Allison K. Hoffman, I. Glenn Cohen, William M. Sage

All Faculty Scholarship

Law and ethics are both essential attributes of a high-functioning health care system and powerful explainers of why the existing system is so difficult to improve. U.S. health law is not seamless; rather, it derives from multiple sources and is based on various theories that may be in tension with one another. There are state laws and federal laws, laws setting standards and laws providing funding, laws reinforcing professional prerogatives, laws furthering social goals, and laws promoting market competition. Complying with law is important, but health professionals also should understand that the legal and ethical constraints under which health systems …

Out Of Bounds: A Critical Race Theory Perspective On "Pay For Play", Kevin D. Brown, Antonio Williams

Articles by Maurer Faculty

Under the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes' cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association ("NCAA") Division I Football Bowl Subdivision and Division I men's basketball tend to generate almost all the revenue to fund their institution's entire athletic programs-as well as a substantial percentage of the revenues received by the NCAA. Furthermore is the realization that a majority of the elite athletes in these two revenue-generating sports are black. As revenues generated by these …

Constructive Trusts And Fraudulent Transfers: When Worlds Collide, David G. Carlson

Faculty Articles

When Ponzi schemes collapse and enter into bankruptcy liquidation, bankruptcy trustees assume that conveyances made by the debtor for no consideration are fraudulent conveyances. This Article argues that they are not. Virtually all the assets held by a Ponzi scheme are held in constructive trust for the victims of the fraud. If victims of the fraud can trace the proceeds of their investments into property transferred to a third party, the third party holds the asset transferred in trust for the relevant victim. When a bankruptcy trustee characterizes the asset as a fraudulently conveyed asset, the trustee expropriates the asset …