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2018 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer May 2018

2018 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

No abstract provided.


E-Museletter: May 2018, William Taylor Muse Law Library May 2018

E-Museletter: May 2018, William Taylor Muse Law Library

Museletter

This Issue:

Open All Night

Summer Access to Westlaw, Lexis, and Bloomberg Law

Technology Bootcamp Reference Guide

Research Assistant Training

Attention 3Ls: Using Library Resources After Graduation

Undergraduates in the Library


Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks May 2018

Ethereum And The Sec: Why Most Distributed Autonomous Organizations Are Subject To The Registration Requirements Of The Securities Act Of 1933 And A Proposal For New Regulation, Tiffany L. Minks

Texas A&M Law Review

In a world full of new technology, the risk of fraud is constantly increasing. In the securities industry, this risk existed long before the use of technology. Congress enacted the Securities Act of 1933 to combat the risk of fraud and misrepresentation in the sale of securities. By requiring full disclosure, investors have the opportunity to make informed decisions prior to investing. However, Distributed Autonomous Organizations (“DAOs”), through the use of blockchains and smart-contracts, engage in the sale of securities without fully disclosing the risks or complying with the registration requirements of the Securities Act of 1933. Compliance with the ...


China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow May 2018

China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow

Texas A&M Law Review

China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not ...


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing May 2018

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Morton Cohen, Civil Rights Attorney And Law School Professor, Dies, Steve Rubenstein Apr 2018

Morton Cohen, Civil Rights Attorney And Law School Professor, Dies, Steve Rubenstein

Articles About Faculty

Morton Cohen, a civil rights attorney and law school professor whose tireless devotion to the underdog helped improve treatment for mental patients, jail inmates and poor tenants, has died.

Cohen died April 12 of cancer in his Berkeley hills home. He was 82.


Front Matter Apr 2018

Front Matter

Golden Gate University Law Review

Front Matter includes Masthead, Faculty Advisors, Preface and Table of Contents.


Poverty Law Symposium 2018, Michele Benedetto Neitz Apr 2018

Poverty Law Symposium 2018, Michele Benedetto Neitz

Poverty Law Conference & Symposium

Presentations:

Ladie Adriano: “Child Support Enforcement and the Incarcerated Obligor”

Stephanie Huang: “Civil Gideon for Family Law”

Devin Fathi: “Systematic Inequality of the Third Gender”

Gisele Martinez: “California’s Death Penalty and Proposition 66”

Jordan Davis: “Legalize It: Cash Crop or Tool of Economic Oppression”

Harris Emran: “Support Your Local Bondsman; Get Arrested”

Maneesha Birdee: “More Housing Near Public Transit: Relocating the Bay Area’s Poor”

Douglas Blatecky: “Safe Injection Sites in San Francisco”

Minna Fernan: “Criminalization of Homeless People in San Francisco is not the Answer”

John Adams: “When Yesterday’s Choices are Making for Tomorrow’s Bad Decisions ...


E-Museletter: April 2018, William Taylor Muse Law Library Apr 2018

E-Museletter: April 2018, William Taylor Muse Law Library

Museletter

This Issue:

Second Floor Renovation

Bridge the Gap

Hiring Law Library Research Assistants

Summer Access to Bloomberg, Lexis, and Westlaw

Bar Preparation

Print Credits

Study Aids


National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack Mar 2018

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land and Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision ...


E-Museletter: March 2018, William Taylor Muse Law Library Mar 2018

E-Museletter: March 2018, William Taylor Muse Law Library

Museletter

This Issue:

Bridge the Gap starting March 26
Free Electronic Access to Glannons, Examples & Explanations, and Emanuel Outlines
Taking the MPRE March 24?
Learn More About the Bar Exam
Welcome Elizabeth Schiller!


Against Conduct-Based Immunity For Torture Victim Protection Act Defendants, Luke Ryan Feb 2018

Against Conduct-Based Immunity For Torture Victim Protection Act Defendants, Luke Ryan

Barry Law Review

On October 13, 2016, former Israeli Minister of Defense, Ehud Barak, was granted immunity and dismissed from a civil action alleging he violated the Torture Victim Protection Act of 1991 (TVPA) by authorizing the torture and extrajudicial killing of an American citizen. Both the government of Israel and the United States Department of State called on the court to grant federal common law foreign official immunity by arguing that Barak was protected from suit because he acted “in his official capacity.” The TVPA, however, permits legal action against foreign defendants who have acted in such a capacity—namely, “under actual ...


Fixing A Non-Existent Problem With An Ineffective Solution: Doe V. Snyder And Michigan's Punitive Sex Offender Registration And Notification Laws, Joshua E. Montgomery Feb 2018

Fixing A Non-Existent Problem With An Ineffective Solution: Doe V. Snyder And Michigan's Punitive Sex Offender Registration And Notification Laws, Joshua E. Montgomery

Akron Law Review

Sex offender registration and notification laws (SORAs) in the United States apply not only to those who commit sex offenses after the enactment of such laws, but also to those who committed sex offenses before those laws were enacted. However, the Ex Post Facto Clause of the Constitution prevents the retroactive application of a punitive law; this means that a person cannot be punished for a bad act that the person committed before the law punishing that act was enacted. Importantly, the Ex Post Facto Clause does not prohibit the retroactive application of a civil, regulatory—i.e., non-punitive—law ...


Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, Brian Harris Feb 2018

Active Promotion Of Useful Arts: Considering The Government's Role In Patent Enforcement, Brian Harris

Texas A&M Law Review

The U.S. Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” To this end, Congress created the copyright system “[t]o promote the Progress of Science” and the patent system for promoting the progress of useful arts. The American patent system can be though of as a vehicle for converting an intangible idea into a form of property. Since the beginning of the American patent system, social benefit has been a key component of the ...


Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School Of Law Feb 2018

Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights With Chief Judge Sidney R. Thomas, Golden Gate University School Of Law

Ronald M. George Distinguished Lecture Series

Agenda

February 2, 2018

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

6:00 p.m. WELCOME - Anthony Niedwiecki Dean, Golden Gate University School of Law
LAW REVIEW INTRODUCTION - Jamie Cooperman (JD 18) Editor-in-Chief, Golden Gate University Law Review,
Jessica Bennett (JD 18) Reyes v. Lewis: A Missed Opportunity for Minors and Miranda,
Natalie Lakosil (JD 18) The Flores Settlement: Ripping Families Apart Under the Law,
Kenneth Seligson (JD 18) A Job for Congress: Medical Marijuana Patients' Fight for Second Amendment Rights

6:30p.m. INTRODUCTIONS Kathleen ...


Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith Jan 2018

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Latonia Haney Keith

Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.

This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes ...


The Revised Ncaa Division I Governance Structure After Three Years: A Scorecard, Brian D. Shannon Jan 2018

The Revised Ncaa Division I Governance Structure After Three Years: A Scorecard, Brian D. Shannon

Texas A&M Law Review

As part of the August 2014 Division I Governance re-design, the NCAA Division I Board of Directors, acting on the recommendation of a Board-appointed Steering Committee, granted certain autonomous decision-making powers to the Autonomy 5 conferences and their sixty-five member institutions. In effect, this recommendation by the Board’s Steering Committee enabled the Autonomy 5 conferences to begin to adopt policy legislation independently from the rest of Division I. Accordingly, the Steering Committee developed and recommended a structure “designed to allow permissive use of resources or to otherwise enhance the well-being of student-athletes by any [Autonomy 5 institutional] member, [or ...


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program Jan 2018

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


The Foreign Corrupt Practices Act Turns 40: "Reflections On Walmart's Enhanced Ethics & Compliance Program", Jay T. Jorgensen Jan 2018

The Foreign Corrupt Practices Act Turns 40: "Reflections On Walmart's Enhanced Ethics & Compliance Program", Jay T. Jorgensen

Texas A&M Law Review

As Walmart’s business has been changing, the company has also evolved and changed in our corporate governance. In 2012, the company started a significant effort to enhance our ethics and compliance programs. Prior to that time the company maintained separate compliance efforts in different countries. For example, Walmart’s business in the United States had a well-developed compliance program. The company had separate compliance-related activities and personnel in our businesses in Canada, China, Mexico, and elsewhere. All of these compliance programs operated independently of each other, reporting to their local business leaders.


Richmond Law Magazine: Winter 2018, University Of Richmond Jan 2018

Richmond Law Magazine: Winter 2018, University Of Richmond

Richmond Law Magazine

Features:

Quarreling Over the Orange

Flight Path

‘The executive power shall be vested in a president’


The Eleventh Circuit Dreadlocks Ban And The Implications Of Race Discrimination In The Workplace, Jacqueline Frank Dec 2017

The Eleventh Circuit Dreadlocks Ban And The Implications Of Race Discrimination In The Workplace, Jacqueline Frank

Barry Law Review

No abstract provided.


Toxic Impact: The Regulation Of Coal Ash And The Influence Of Big Money On Small Communities, Patricia Helman Dec 2017

Toxic Impact: The Regulation Of Coal Ash And The Influence Of Big Money On Small Communities, Patricia Helman

Barry Law Review

No abstract provided.


Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral Dec 2017

Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral

Brooklyn Journal of Corporate, Financial & Commercial Law

Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate ...


Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher Dec 2017

Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher

Brooklyn Journal of Corporate, Financial & Commercial Law

Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important ...


E-Museletter: December 2017, William Taylor Muse Law Library Dec 2017

E-Museletter: December 2017, William Taylor Muse Law Library

Museletter

This Issue:

24-hour access

Wolters Kluwer Study Aids Now Available

Print Credits

Photo and Video Tools Available

Undergraduates in the Library


Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson Nov 2017

Buying West Florida From The Indians: The Forbes Purchase And Mitchel V. United States (1835), Blake A. Watson

Blake A Watson

No abstract provided.


“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao Nov 2017

“You Must Construct Additional Pylons”: Building A Better Framework For Esports Governance, Laura L. Chao

Fordham Law Review

The popularity of “esports,” also known as “electronic sports” or competitive video gaming, has exploded in recent years and captured the attention of cord-cutting millennials—often to the detriment of sports such as basketball, football, baseball, and hockey. In the United States, the commercial dominance of such traditional sports stems from decades of regulatory support. Consequently, while esports regulation is likely to emulate many aspects of traditional sports governance, the esports industry is fraught with challenges that inhibit sophisticated ownership and capital investment. Domestic regulation is complicated by underlying intellectual property ownership and ancillary considerations such as fluctuations in a ...


E-Museletter: October 2017, William Taylor Muse Law Library Oct 2017

E-Museletter: October 2017, William Taylor Muse Law Library

Museletter

This Issue:

Get Microsoft Office for Free!

Access Thomson Reuters Practice Materials Offline, On Any Device

Exam Files

Legal Essay Contest

Welcome to Molly Lentz-Meyer


Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius Sep 2017

Lichtenberger And The Three Bears: Getting The Private Search Exception And Modern Digital Storage "Just Right", Samuel Crecelius

Texas A&M Law Review

Finding a happy medium is hard. Often, it is a challenge to find a workable balance between two unworkable extremes. Known as the “Goldilocks Principle,” this phenomenon has been observed in fields as diverse as developmental psychology and astrobiology. As Goldilocks found in the Three Bears’ house, “just right” may not come on the first attempt. We may have to explore the extremes of the spectrum—“too hot” and “too cold”—before we can settle on “just right. Goldilocks also discovered that this process is all the more difficult in a new environment—like the Three Bears’ house. Goldilocks persevered ...


Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter Sep 2017

Evaluating The Cayman Islands Bill Of Rights, Freedoms And Responsibilities: More Evolution Than Revolution, Vaughan Carter

Texas A&M Law Review

Evaluating the Cayman Islands Bill of Rights, Freedoms and Responsibilities: More Evolution than Revolution