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2019

Golden Gate University School of Law

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Full-Text Articles in Law

Abortion Laws In Nigeria: A Case For Reform, P. Chibueze Okorie, Olubusola Adebayo Abayomi Dec 2019

Abortion Laws In Nigeria: A Case For Reform, P. Chibueze Okorie, Olubusola Adebayo Abayomi

Annual Survey of International & Comparative Law

The available statistics indicate that over 1,000,000 abortions occur in Nigeria annually, representing about 33 abortions per 1,000 women of child bearing age. It has also been asserted that illegal abortion is responsible for about 11% of maternal death in Nigeria and 50% of such deaths involve adolescents and young women. Although, it may be difficult to confirm these reports and statistics by different researchers, mainly because of the absence of official figures owing to the clandestine nature of abortion in Nigeria, there is no doubt that abortions are generally procured by women for various reasons, namely: financial and emotional …


Imperatives Of Corporate Governance On Corporate Citizenship In Nigeria, Professor Dr. S. Gozie Ogbodo, Dr. Godwin Luke Umoru Dec 2019

Imperatives Of Corporate Governance On Corporate Citizenship In Nigeria, Professor Dr. S. Gozie Ogbodo, Dr. Godwin Luke Umoru

Annual Survey of International & Comparative Law

This paper seeks to examine and interrogate the conceptual ideas and frameworks of corporate governance; its relationship and relevance to corporate citizenship and the elements that describe what is meant by corporate citizenship. Various perspectives of the role which corporate governance plays as a major influence on corporate citizenship and corporate social responsibility were clearly shown. Also shown is the meaning which is ascribed to corporate governance, its core principles, the rhetoric and realities concerning the effect of a corporation’s pursuit of power and profit on corporate citizenship, legal and social responsibilities and the significant paradigm shift. Situating the concept …


A New Era In The Application Of U.S. Securities Law Abroad: Valuing The Presumption Against Extraterritoriality And Managing The Future With The Sustainable- Domestic-Integrity Standard, Alina Veneziano Dec 2019

A New Era In The Application Of U.S. Securities Law Abroad: Valuing The Presumption Against Extraterritoriality And Managing The Future With The Sustainable- Domestic-Integrity Standard, Alina Veneziano

Annual Survey of International & Comparative Law

The U.S. Supreme Court in Morrison held that Section 10(b) of the Exchange Act did not apply extraterritorially, lacking a clear indication by Congress of the intent to do so. In reaching this conclusion, it clarified that the reach of Section 10(b) is a merits question, not a question of subject matter jurisdiction and stated that the focus of the statute was upon purchases and sales of securities in the United States while articulating a bright-line transactional test to determine whether extraterritorial application was appropriate. The transactional test completely rejected the conduct/effects tests, which had been used by courts for …


International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell Dec 2019

International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell

Annual Survey of International & Comparative Law

The Universal Declaration of Human Rights, inspired by the “four freedoms” articulated by Franklin D. Roosevelt, proclaims but does not define the religious liberty that is the birthright of all people. Four centuries ago, when few people were free, religious ideas fostered the development of some of the fundamental principles of the law of nations. As international law has matured, increasingly it has recognized the right of individuals and groups to pursue their own religions and beliefs. The United Nations system has generated an array of international conventions, covenants, and resolutions which today articulate the rights of adherents to all …


Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi Dec 2019

Assessment Of The Role Of The Nigerian Police Force In The Promotion And Protection Of Human Rights In Nigeria, Dr. Ndubuisi J. Madubuike-Ekwe, Dr. Olumide K. Obayemi

Annual Survey of International & Comparative Law

This article examines the role of the Nigerian Police Force in the promotion and protection of human rights in Nigeria. It discusses the concept of human rights under international and domestic law. It highlights the powers of the Nigerian Police Force under the Police Act and the Administration of Criminal Justice Act, 2015 and observes that although the police use discretion to support human rights, it is the abuse of the discretion and power that results in violation of human rights of citizens. This article identifies the rights most subjected to abuse by the police as the right to life, …


Involuntary Dissolution: Theory And Operation In Publicly Traded Corporations, Dr. Murat Can Pehlivanoglu Dec 2019

Involuntary Dissolution: Theory And Operation In Publicly Traded Corporations, Dr. Murat Can Pehlivanoglu

Annual Survey of International & Comparative Law

Involuntary dissolution is recognized as the primary mechanism to monitor opportunism and remedy the aggrieved minority shareholders of corporations. Contrary to general understanding, involuntary dissolution is not idiosyncratic to close corporations. However, its application to publicly traded corporations requires an approach different than the one for close corporations. This note discusses and recommends the approach necessary to justify and effectively enforce involuntary dissolution statutes’ application in the context of publicly traded corporations. It expresses the opinion that the contractual view of corporate law would provide the theoretical basis necessary to construe the statute for publicly traded corporations and exemplifies its …


Front Matter Dec 2019

Front Matter

Annual Survey of International & Comparative Law

Front Matter includes the masthead, dedication, editorial, School of Law faculty, and Table of Contents.


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 Dec 2019

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)


The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz Dec 2019

The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

Publications

The theoretical promise of blockchain technology is truly extraordinary: a peer-to-peer distributed immutable ledger that could revolutionize economies, societies, and even our daily lives. But what if blockchain technology is not as decentralized as people think? What are the ramifications if, in reality, a blockchain’s core decisions are actually influenced by small groups of people or corporations?

This short article seeks to answer that question, by demonstrating that decentralized public blockchains are only as immutable as the decentralization of their governance. Moreover, the announcement of Libra, Facebook’s new permissioned blockchain, shows a growing trend of centralized control around decentralized technologies. …


Assembly Committee On Accountability And Administrative Review, Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review Dec 2019

Assembly Committee On Accountability And Administrative Review, Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review

California Assembly

No abstract provided.


Assembly Committee On Education, 2019 Legislative Summary, Assembly Committee On Education Dec 2019

Assembly Committee On Education, 2019 Legislative Summary, Assembly Committee On Education

California Assembly

No abstract provided.


Assembly Committee On Elections And Redistricting, 2019 Legislative Summary, Assembly Committee On Elections And Redistricting Dec 2019

Assembly Committee On Elections And Redistricting, 2019 Legislative Summary, Assembly Committee On Elections And Redistricting

California Assembly

No abstract provided.


Assembly Committee On Revenue And Taxation, Revenue And Taxation Legislative Summary 2019, Assembly Committee On Revenue And Taxation Dec 2019

Assembly Committee On Revenue And Taxation, Revenue And Taxation Legislative Summary 2019, Assembly Committee On Revenue And Taxation

California Assembly

No abstract provided.


Assembly Committee On Accountability And Administrative Review Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review Dec 2019

Assembly Committee On Accountability And Administrative Review Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review

California Assembly

No abstract provided.


America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr. Nov 2019

America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr.

GGU Law Review Blog

In recent years, the Executive Office of the United States has engaged in a series of unprecedented moves, making it extremely difficult for immigrants to apply for asylum. The directives from President Donald Trump serve to discourage immigrants from attempting to make the trip across the United States-Mexico border. For others, the directives serve as a stern warning.


The Dodge Brothers’ Monster: A Legal Analysis Of The Effect Of Fiduciary Duty On Dual Voting Structures, Jer'ron J.L. Dinwiddie Ii Nov 2019

The Dodge Brothers’ Monster: A Legal Analysis Of The Effect Of Fiduciary Duty On Dual Voting Structures, Jer'ron J.L. Dinwiddie Ii

Student Publications

The purpose of this research paper is to determine the legal obligations that a shareholder with majority voting rights would have in a dual-voting structure. The focus on the paper is on breaking down the fiduciary duty analysis for its application to dual-voting structures, which currently stands as the shareholder with majority voting rights have no duty to other shareholders.

The paper details the evolution of the common law and the social responses to the use of these structures. Then, the paper measure the application fiduciary duty would have on a dual-voting structure using WeWork as a case study. On …


Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law Nov 2019

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)


Sixth Annual Veterans Law Conference Moral And Ethical Leadership: Practicing Leadership In Today’S Volatile Global Economic And Political Environment, Golden Gate University School Of Law Nov 2019

Sixth Annual Veterans Law Conference Moral And Ethical Leadership: Practicing Leadership In Today’S Volatile Global Economic And Political Environment, Golden Gate University School Of Law

Veterans Law Conference

Keynote address:

Major General Matthew P. Beevers Deputy Adjutant General, California Army National Guard, State Military Department.

Panelists:

Major John-Paul Wheatcroft, JAG United States Marine Corps, Human Resource Advisor, Officer Selection Station Berkeley.

Dr. Mickey P. McGee, PhD, Associate Professor Golden Gate University, Ageno School of Business.

Laura Renner, Founder Freedom Makers.


Seventh Annual Veterans Law Conference: #Metoo And The Military, Golden Gate University School Of Law Nov 2019

Seventh Annual Veterans Law Conference: #Metoo And The Military, Golden Gate University School Of Law

Veterans Law Conference

2019 7th Annual Veterans Conference: #MeToo and the Military

1:00 p.m. Welcome and Introduction
Professor Daniel Devoy, Director of Veterans' Legal Advocacy Center; Anthony Niedwiecki, Dean of Golden Gate School of Law; Dr. David Fike, President of Golden Gate University.

1:15 p.m. Keynote Address
Introduction by Dan Ashley of ABC Channel 7 News; Associate Justice Eileen C. Moore.

2:15 p.m. Presentation of Veterans' Champion Award
John W. Keker, Esq, Partner, Keker Van Nest & Peters LLP, Veterans Rights Advocate & Attorney.

2:45 Discussion: Addressing Military Sexual Trauma
Rose Goldberg, California Department of Justice Office of the Attorney General; Major General …


Assembly Local Government Committee, 2019 Legislative Summary, Assembly Local Government Committee Nov 2019

Assembly Local Government Committee, 2019 Legislative Summary, Assembly Local Government Committee

California Assembly

No abstract provided.


Assembly Committee On The Judiciary 2019 Bill Summary, Assembly Committee On The Judiciary Nov 2019

Assembly Committee On The Judiciary 2019 Bill Summary, Assembly Committee On The Judiciary

California Assembly

No abstract provided.


Ggu Law’S 7th Annual Veterans Law Conference Tackles Military Assault And The #Metoo Movement, Golden Gate University School Of Law Nov 2019

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.


18th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law Oct 2019

18th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law

Intellectual Property Law

Welcome to the 18th Annual Conference on Recent Developments in Intellectual Property Law and Policy, presented by the Center for Intellectual Property and Privacy Law (CIPPL) of Golden Gate University School of Law. This annual tradition, begun in late September 2001, was one of the first events developed as part of the foundation of our new IP Law Program. Over the years we have hosted presentations by leading thinkers in the area of IP Law, including Professor & former Senior Advisor to the Obama Administration Justin Hughes, New Yorker writer Ken Auletta, Professor Dan Burk, Professor Susan Scafidi of the …


Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind Oct 2019

Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind

GGU Law Review Blog

Senate Bill 1437 (“S.B. 1437”), effective January 1, 2019, substantially changed the law relating to accomplice liability under the felony murder rule (the “FMR”) and the doctrine of natural and probable consequences. State prosecutors have challenged S.B. 1437 as an unconstitutional amendment of Propositions 7 and 115, and as a violation of the separation of powers. Polarized rulings from the state’s trial courts suggest a dispositive California Supreme Court decision is forthcoming to address the divide. Social policy considerations weigh heavily on the controversial issues engendered by this bill and will likely influence adjudication of the legislature’s authority to …


Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law Oct 2019

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)


Fair Pay To Play Act: End Of Amateurism?, Isabella Borges Oct 2019

Fair Pay To Play Act: End Of Amateurism?, Isabella Borges

GGU Law Review Blog

The NCAA has seen its fair share of controversy concerning player compensation, whether it be through lawsuits such as the O’Bannon case, former NCAA athletes complaining of hunger during their time in college, or even NBA star LeBron James’s documentary “Student Athlete.” However, no extreme policy changes have emerged from the endless scrutiny of the NCAA’s rules of prohibiting its student-athletes from receiving compensation from the use of their names, images, and likeness, among other things. The NCAA argues compensation would capsize amateurism by turning student-athletes into professionals, putting an end to amateurism in the NCAA all …


The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi Oct 2019

The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi

GGU Law Review Blog

The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020. On the surface, the purpose of the CCPA is to give consumers “rights” to control how businesses monetize their personal information. However, the extent of those “rights” is somewhat vague in the language of the statute.


An Aquifer Betrayed: The Monterey Desalinization Project At Odds With California Water Law, Paul Stanton Kibel Oct 2019

An Aquifer Betrayed: The Monterey Desalinization Project At Odds With California Water Law, Paul Stanton Kibel

Publications

The California American Water Company's Monterey Peninsula Water Supply Project (Cal-Am Project) is a proposed desalinization facility in Monterey County that was approved by the California Public Utilities Commission (CPUC) in September 2018. The Cal- Am Project would treat water pumped from inland coastal groundwater aquifers-the Dune Sand Aquifer and the 180-Foot Aquifer-rather than water pumped directly from the ocean. The Cal-Am Project's pumping of these coastal aquifers is expected to result in increased seawater intrusion in groundwater.

The Marina Coast Water District and the City of Marina filed petitions with the California Supreme Court alleging violations of the California …


New Golden Gate University Professors Will Bolster Law School's Work, Golden Gate University School Of Law Sep 2019

New Golden Gate University Professors Will Bolster Law School's Work, Golden Gate University School Of Law

Press Releases

Golden Gate University School of Law has added three new faculty members who will strengthen the school's offerings in several key areas. The trio join the school from UCLA , Stanford, and the U.S. Department of Justice. The new professors— Jyoti Nanda , Spencer Williams , and Robert Mullaney —join 32 other full-time faculty at the school.


Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law Sep 2019

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)