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2019

California

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Full-Text Articles in Law

Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs Nov 2019

Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs

Journal of the National Association of Administrative Law Judiciary

The American cosmetics industry is not required by the Food and Drug Administration (FDA) to conduct pre-market safety assessments of cosmetics. The FDA only reviews personal care products when people voluntarily report problems. Further, companies continue to test animals for cosmetics, despite the FDA’s recommendation that manufacturers seek more humane and accurate testing. Although the FDA does not require animal testing for product safety or premarket approval, the United States is one of the largest users of laboratory animals for product testing. There are two pending pieces of legislation, which if passed would be the first acts of cosmetic regulation …

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Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule, Raychel Teasdale Nov 2019

Accounting For Adolescents’ Twice Diminished Culpability In California’S Felony Murder Rule, Raychel Teasdale

Loyola of Los Angeles Law Review

In 2018, the California legislature passed S.B. 1437 to narrow California’s felony murder rule and theoretically apply the rule only to those with the greatest culpability in a murder. However, whether intentionally or negligently, the law leaves room to disproportionally and unjustly affect adolescents by charging those with “reckless indifference” with first-degree murder. Imbedded in psychology and neuroscience research is the conclusion that adolescent brain structure and function are still rapidly developing. As a result, adolescents are less able to weigh the risks of their actions, resist peer pressure, regulate their emotions, and control their impulses. Therefore, this Note argues …

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The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson Nov 2019

The Future Of Bail In California: Analyzing Sb 10 Through The Prism Of Past Reforms, Adam Peterson

Loyola of Los Angeles Law Review

The cash bail system is the cause of numerous injustices. It favors the rich over the poor, it packs jails to the breaking point, and it forces those who have yet to be found guilty to sit in jail—often for weeks or months at a time. In 2018, the California legislature passed SB 10. The bill purported to abolish cash bail wholesale and replace it with a risk assessment program. While SB 10 is a step in the right direction, it faces many obstacles before it accomplishes its goal. This Note examines the bill in light of past attempts at …

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Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert Oct 2019

Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert

The Journal of Business, Entrepreneurship & the Law

California startups and independent contractors are in desperate need of a lifeline before they are gone for good. This state has long favored the employee over the employer, but the California Supreme Court’s new “ABC” test tips the scales even further by making it practically impossible for startups to compensate their workers. As a remedy, I propose exemptions to the test for sophisticated contractors who do not need the state’s protection, certified owners who have demonstrated fair play, and small businesses which are still in the developmental stages. Though the Court based its decision largely on a policy of protecting …

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Financing The Next Silicon Valley, Darian M. Ibrahim Sep 2019

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 …

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The Legal Roles Of Shareholders And Management In Modern Corporate Decisionmaking, Melvin Aron Eisenberg Aug 2019

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.

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Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett May 2019

Houston, We Have An Arbitration: International Arbitration’S Role In Resolving Commercial Aerospace Disputes, Carson W. Bennett

Pepperdine Dispute Resolution Law Journal

This article explores the complimentary nature between the burgeoning private aerospace industry and international arbitration, as well as detailing how it could be advantageous to resolve these aerospace disputes in California. Part II outlines the new space race. It begins with the Ansari XPrize and follows some of the industry’s most significant developments. Part III explores the benefits of arbitration and how the characteristics of international arbitral proceedings cater to the common concerns of aerospace companies. Part IV catalogues the initiatives arbitral institutions have taken to customize an arbitration for aerospace disputes. This article argues that a specialized institution could …

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Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains Apr 2019

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …

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Criminal Trade Secret Theft Cases Against Judgment Proof Defendants In Texas And California, Michelle Evans, Kurt M. Saunders Apr 2019

Criminal Trade Secret Theft Cases Against Judgment Proof Defendants In Texas And California, Michelle Evans, Kurt M. Saunders

William & Mary Business Law Review

Trade secret theft is a costly and ongoing risk to many businesses. As the two most populous states, California and Texas are home to numerous businesses that own trade secrets. Although civil remedies afford one source of relief when a trade secret has been stolen or disclosed, collecting on a judgment may be impossible due to the Homestead laws in both states, which effectively render the defendants judgment proof. In such cases, another alternative is to consider a criminal prosecution under the Federal Economic Espionage Act or state law. The same misconduct that results in civil liability can also violate …

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2016 - California Land Use And Management - A Resource Management Strategy Of The California Water Plan Mar 2019

2016 - California Land Use And Management - A Resource Management Strategy Of The California Water Plan

Miscellaneous Documents and Reports

Land use planning and management cuts across many resource management strategies. More efficient and effective land use is linked to several resource management strategies including watershed, water use efficiency, groundwater quality, flood management, parks and recreation, climate change adaptive management and agricultural lands stewardship. Directly development away from agricultural lands permits multi-objective management of these lands for agricultural preservation, floodplain management, water quality, habitat conservation, and sustainable development. In addition, planning for more compact and sustainable communities, both urban and rural, will assist in reducing reliance on the state-s water supply, and result in more efficient use of California’s water …

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State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger Feb 2019

State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger

Pace Environmental Law Review

This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence …

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Patented Land Grants Listed By Date Of Original Grants, Undated Feb 2019

Patented Land Grants Listed By Date Of Original Grants, Undated

National Archives Documents

A list of land grants organized by the date of the original Spanish land concession or Mexican land grant prepared under the Work Progress Administration program in the 1930s.

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Alphabetical Index Of Private Land Grants, 1928 Feb 2019

Alphabetical Index Of Private Land Grants, 1928

National Archives Documents

An alphabetical listing of California private land grants that was obtained from the 1928 General Land Office Map of California.

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Patented Land Grants Listed By Date Of Original Grants, Undated Feb 2019

Patented Land Grants Listed By Date Of Original Grants, Undated

Summaries of Data Relating to the Basins

A list of land grants organized by the date of the original Spanish land concession or Mexican land grant prepared under the Work Progress Administration program in the 1930s.

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The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin Feb 2019

The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin

Chicago-Kent Law Review

Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers are included …

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1849 - Address To The Inhabitants Of New Mexico And California On The Omission By Congress To Provide Them With Territorial Goverments And On The Social And Political Evils Of Slavery Feb 2019

1849 - Address To The Inhabitants Of New Mexico And California On The Omission By Congress To Provide Them With Territorial Goverments And On The Social And Political Evils Of Slavery

Miscellaneous Federal Documents & Reports

This August 1849 letter, signed by twenty-one abolitionists, in which they wrote concerning the Southern States refusal to provide New Mexico and California with the advantages and protection of civil government. The authors detailed the sequence of events leading up to the annexation of New Mexico and California and the efforts to ensure that the new territories would permit the ownership of slaves. The letter discusses the morality of slavery.

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1844 - The History Of Oregon And California And Other Territories, Robert Greenhow Feb 2019

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Publications – Mexican

Writing principally about the portion of North America border on the Pacific Ocean between the 40th and 54th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent. …

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1844 - The History Of Oregon And California And Other Territories, Robert Greenhow Feb 2019

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Documents and Reports

Writing principally about the portion of North America border on the Pacific Ocean between the 40th and 54th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent. …

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Suffocate Or Innovate: An Observation Of California's Regulatory Framework For Cryptocurrency, Jane Kim Feb 2019

Suffocate Or Innovate: An Observation Of California's Regulatory Framework For Cryptocurrency, Jane Kim

Loyola of Los Angeles Law Review

Transactions involving cryptocurrency are rapidly gaining traction in the United States, prompting the need for regulation. Hence, California legislators proposed the cryptocurrency regulation Assembly Bill 1123. However, based upon the outcome of a virtually identical regulation in New York, this proposed bill is theoretically projected to stifle business growth and potential innovation. This Article focuses on one approach to remedy this by advocating for reform at the federal level and recommending the utilization of the regulatory sandbox as a framework for future regulation.

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Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian Feb 2019

Weed Whacking Through The Tenth Amendment: Navigating A Trump Administration Threat To Withhold Funding From Marijuana-Friendly States, Arlen Gharibian

Loyola of Los Angeles Law Review

The Trump administration has taken a firm stance against marijuana legalization at the state level. While an official federal policy is still pending, this Article focuses on whether the Trump administration’s threats to preventCalifornia from pursuing its duly enacted marijuana legalization law violates the Tenth Amendment. This Article then addresses how the federal government could achieve its goal while remaining within the bounds of the Constitution.

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Burning A Hole In The Pocket Of Justice: Prop. 66'S Underfunded Attempt To Fix California's Death Penalty, Flavia Costea Feb 2019

Burning A Hole In The Pocket Of Justice: Prop. 66'S Underfunded Attempt To Fix California's Death Penalty, Flavia Costea

Loyola of Los Angeles Law Review

California has struggled with the administrative and financial burdens of a flawed death penalty system for decades. In an effort to save the death penalty, the voters of California enacted Proposition 66, which promised to deliver a quicker and more cost-effective system. This Article focuses on the provision of Prop. 66 that expands the number of lawyers who can act as defense lawyers for inmates on death row. While this provision superficially seems to solve the shortage of defense attorneys willing to take on death penalty cases, without significant funding, the shortage of resources and pressure to speed up executions …

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1886 - Physical Data And Statistics Of California Jan 2019

1886 - Physical Data And Statistics Of California

Miscellaneous Documents and Reports

A reporting of water supply and related data collected in accordance with the law of 1878, creating the office of and defining the duties of the State Engineer, and upon which to base reports on the problems of irrigation and arterial drainage in California.

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1885 - Royal Commission On Water Supply Irrigation In Western America, First Progress Report. A. Deakin Jan 2019

1885 - Royal Commission On Water Supply Irrigation In Western America, First Progress Report. A. Deakin

Related Research and Documents

A report prepared for the members of the Australian Royal Commission on Water Supply concerning irrigation in Western America as it related to water supply conditions in Australia, including a discussion of the historic irrigation practices on the North America continent, extent of irrigation in the West and various irrigation laws.

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1851 - Monterey County, California, Assessment Roll Jan 2019

1851 - Monterey County, California, Assessment Roll

Annual Tax Records

A list of 1851 Monterey County taxpayers and the total number of acres on which they were assessed.

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1881 - State Viticultural Commission - First Annual Report Jan 2019

1881 - State Viticultural Commission - First Annual Report

Miscellaneous Documents and Reports

The first report submitted to the California Legislature in 1881 in accordance with the an Act for the Promotion of the Viticultural Industries of the State approved April 15, 1880. The report contained several reports from Commissioners to the State Board of Viticultural Commissioners, the President's report, the Treasurer's report, Secretary's report, board minutes, reports of various committees, lectures on the Phylloxera, the curing of rains in Spain and the maintenance of vineyards, papers on the manufacture and use of Bi-Sulphine of Carbon, as well as several translations of the French regard the habits and ravages of Phylloxera and pruning. …

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1914 - Bibliography Of The History Of California And The Pacific West, 1510-1906; Together With The Text Of John W Dwinelle's Address On Acquisition Of California By The United States, Robert Ernest Cowan Jan 2019

1914 - Bibliography Of The History Of California And The Pacific West, 1510-1906; Together With The Text Of John W Dwinelle's Address On Acquisition Of California By The United States, Robert Ernest Cowan

Miscellaneous Documents and Reports

The study of the bibliography of California, of which this printed essay was the result, began many years prior to 1914. The notes were made primarily as a guide to the collection of that class of books, and included all printed documents relating to the State with the exception of those of the newspaper and periodical presses. The publication lists about 1,000 titles up through 1905. The book also contains John W. Dwinelle’s “Address on the Acquisition of California by the United States.

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1883 - A Popular History Of California _ From The Earliest Period Of Its Discovery To The Present Time, Lucia Norman Jan 2019

1883 - A Popular History Of California _ From The Earliest Period Of Its Discovery To The Present Time, Lucia Norman

Miscellaneous Documents and Reports

Published originally in 1867, this second edition included events that transpired during the intervening years (1867-1883). Topics covered included, but not limited to, were a eescription of California, it’s discovery, the sufferings of Cortez and his Followers, Spaniards neglect of California, the commerce of Spain disrupted by Privateers, Viscaino’s second expedition, Father Salva-Tierra at San Dionysio, the insurrection of the Pericues, earliest settlements in Upper California, the Discovery of the Bay of San Francisco, establishment of missions, Mission Delores, the state of the converted Indians, Captain John A. Sutter, Stockton subjugation of California, California ceded to the United States by …

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1916 - The Establishment Of State Government In California, Cardinal Goodwin Jan 2019

1916 - The Establishment Of State Government In California, Cardinal Goodwin

Miscellaneous Federal Documents & Reports

This work covers the period in California history from 1846 to 1847. The introductory chapter traces, briefly, the extension of American influence over the territory from an early date to the complete of the conquest. Following the first chapter is a more detailed account of the period of military rule an the resulting political unrest. The work of the Convention of 1849 and the election, organization and enactments of the first Legislature have been given due consideration. Chapter 18 dealt with the admission of California into the Union and the final chapter contains statistics on the population, professions and occupations, …

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1890 - Spanish Colonization In The Southwest, Frank Wilson Blackmar Jan 2019

1890 - Spanish Colonization In The Southwest, Frank Wilson Blackmar

Miscellaneous Publications – Spanish

This publication addressed Spanish policy relating to colonization, comparison of Spanish colonies with those of the Romans, attempts to settle California and New Mexico, the mission system, civic colonies (pueblo), presidios, presidial pueblo, and land grants to settlers.

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1889 - Sixty Years In California, William Heath Davis Jan 2019

1889 - Sixty Years In California, William Heath Davis

Miscellaneous Documents and Reports

The author, who arrived in Alta California in 1831, wrote about his extended experience as it related to the manners and customs of the people, their methods of trade, of social and political history of the Mexican government and of its successor, the Territory and then State of California, The book covers 60 years of history of events and life in California; the personal, political and military, under the Mexican Regime, during the quasi-military government of the Territory by the United States, and after the Admission of California into the Union. While the 63 chapters cover a broad and detailed …

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