Business Commons^™

2003 - Geohydrologic Framework Of Recharge And Seawater Intrusion In The Pajaro Valley, Santa Cruz And Monterey Counties, California

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

The Pajaro Valley Water Management Agency (PVWMA) must deal with issues of both water supply and water quality. Managing water resources for agricultural and municipal users requires maintaining a reliable water supply to meet growing demands while preventing ground-water overdraft and the related degradation of water quality. Important regional water-quality concerns include increased nitrate concentrations and seawater intrusion. To protect the quantity and quality of the ground-water supplies, the PVWMA has implemented a plan to prevent further seawater intrusion. In order to evaluate how these activities can be conducted most effectively, it is necessary to improve the understanding of the …

2014 - Public Update For Drought Response, Groundwater Basins, With Potential Water Shortages And Gaps In Monitoring

Miscellaneous Documents and Reports

A groundwater report as required by Governor's January 17, 2014 Emergency Drought Proclamation (Order Action Number 11) requiring that DWR describe basins with potential water shortages and gaps in groundwater monitoring. Preparing the report entailed compiling and evaluating all available data, including information presented in California Water Plan Update 2013.

Data was compiled and analyzed from the California Statewide Groundwater Elevation Monitoring (CAS GEM) Program, the Water Data Library (WDL) groundwater level database, the draft Bulletin 160 California Water Plan Update 2013, and from well completion reports (driller'S logs) submitted to DWR. The focus of this update was to analyze …

2013 - Discussion Draft - Groundwater Workplan Concept Paper

Miscellaneous Documents and Reports

California work plan that aligns groundwater protection efforts, the ongoing actions of other entities with groundwater management responsibilities, and potential actions that the Water Boards. Effective groundwater management is necessary to ensure groundwater quality and quantity is maintained at sustainable levels that support beneficial uses of water over the long-term.

2011 - Indian Reorganization Act - Hearing Before The Committee On Indian Affairs

Miscellaneous Federal Documents & Reports

Hearing on the Indian Reorganization Act—75 Years Later: Renewing Our Commitment to Restore Tribal Homelands and Promote Self-Determination. Members looked at the history of U.S. Indian Policy examining the original intent and legislative history of the Indian Reorganization Act [IRA] and subsequent amendment to the Act. Since 1934, the IRA has stood as the bedrock of Federal Indian policy. A 2009 Supreme Court decision narrowly construed the text of the IRA up-ending the status quo, which had existed for 75 years, contrary to Congressional intent, legislative history and previous affirmative actions by the Administration. Statements, letters, and materials submitted for …

Cambridge Swinerton, Llc, Order Denying Defendant New Alenco Windows, Ltd.'S Motion To Transfer Venue, Alice D. Bonner

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

1997 - Water Resources Data Report, Water Year 1994-1995

Monterey County Water Resources Agency Water Reports

California State legislation outlines the objectives and purposes of the Monterey County Water Resources Agency (MCWRA) and states that the MCWRA is to “carry on technical and other necessary investigations, make measurements, collect data, make analyses, studies and inspections pertaining to water supply, water rights, control of flood and storm waters and use of water both within and outside of the agency ...” The MCWRA is responsible for the managing, planning and engineering of the water resources of the Salinas Valley. This report was prepared in part to fulfill that responsibility.

2015 - Preliminary Engineering Design Report For Control Of Non-Winter Drainage At Carr Lake

Monterey County Water Resources Agency Engineering Reports

Landowners at Carr Lake reported increasing issues with proper drainage of the agricultural fields that made up the vast majority of the former lake bed. The primary driver of the study was the recognition that a more complete understanding of the site topography and hydrology is necessary, both to frame the pertinent issues and to identify any measures that may be appropriate to enhance drainage in the ditch system. Therefore the project work plan included two main fieldwork components, topographic survey and hydrologic monitoring. The fieldwork was followed up by data post processing, mapping, and associated supporting analyses.

Work was …

1994 - Hydrogeologic Investigation, Arroyo Seco Cone

Monterey County Water Resources Agency Engineering Reports

This report presents the findings, analysis, conclusions, and recommendations developed

as part of an investigation to characterize the hydrogeology of the Arroyo Seco Cone area of the

Salinas Valley. The purpose of this investigation is to assess the feasibility of developing a seasonal surface water spreading operation utilizing water diverted from the Arroyo Seco in order to enhance ground water recharge in the area. The goal of a project to store water in the ground for subsequent pumping and use is to increase the yield of the Salinas Basin. This investigation defines the hydrogeologic characteristics of the Arroyo Seco Cone …

2002 - North Monterey County Comprehensive Water Resources Management Plan

Monterey County Water Resources Agency Water Reports

North Monterey County experiences severe water supply and quality problems including falling water levels, seawater intrusion, and nitrate contamination. The region is in a significant state of overdraft where current demands greatly exceed the annual level of recharge. Without increased supplies, dramatic changes need to occur to the North County land use pattern to reduce demand. The Comprehensive Water Resources Management Plan combines water conservation, water supply, water quality, and land use actions into comprehensive policy alternatives. It is clear, however, that capital facilities are necessary if the problem is to be solved.

The study area overlies a portion of …

Project Based Learning For Administrative Law, Ann M. Johnson

Q2S Enhancing Pedagogy

This problem includes a case study of an incident (or crisis) that occurred and a regulation that was created by an administrative agency as a response. Students identify an agency and regulation and analyze agency action based on legal and media research.

Regulating Offshore Finance, William J. Moon

Faculty Scholarship

From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.

While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic …

Myth Of The Attorney Whistleblower, Carliss N. Chatman

Scholarly Articles

Notwithstanding the political grandstanding and legal regimes put in place to prevent the next Enron, this article explores whether attorney whistleblower provisions provided in the Standards of Professional Conduct for Attorneys Appearing and Practicing Before the Commission in the Representation of an Issuer and in the Model Rules of Professional Conduct are effective. When faced with attorney involvement in Enron, Congress passed § 307 of the Sarbanes Oxley Act (Sarbanes), which required the Securities and Exchange Commission (SEC) to amend its standards governing the conduct of attorneys practicing before the SEC. In response, the SEC and the American Bar Association …

Improving Human Rights Compliance In Supply Chains, Kishanthi Parella

Scholarly Articles

Corporations try to convince us that they are good global citizens: “brands take stands” by engaging in cause philanthropy; CEOs of prominent corporations tackle a variety of issues; and social values drive marketing strategies for goods and services. But despite this rhetoric, corporations regularly fall short in their conduct. This is especially true in supply chains where a number of human rights abuses frequently occur. One solution is for corporations to engage in meaningful human rights due diligence that involves monitoring human rights, reporting on social and environmental performance, undertaking impact assessments, and consulting with groups whose human rights they …

Battle Of The Stripes: An Aristotelian Analysis Of Adidas' "Three Stripes" Trademark Infringement Cases, Rahul Sukesh

Fordham Undergraduate Law Review

This Note explores the extent to which adidas' "three stripes" mark can extend beyond the fashion industry and can claim ownership over three solid stripes as intellectual property. Through exploring adidas’ “three stripes” mark from 2008 onwards, this Note will probe how adidas managed to target companies not only in the industry in which the trademark pertains to, but also industries that fall beyond adidas' jurisdiction of fashion. Firstly, the Note will explore various outcomes of trademark infringement cases, and what the plaintiff, adidas, attempted to claim. Secondly, two lawsuits, considered within the domain of fashion, will be briefly explored. …

Santa Clara Magazine, Volume 61 Number 1, Winter 2019, Santa Clara University

Santa Clara Magazine

14 - IN THE BEGINNING An interview with Santa Clara University President Kevin O’Brien, S.J. on what's next and noticing what we swim in. Matt Morgan

22 - ADAM, EVE, AND THE APPLE If making—and appreciating—art makes us human, what happens when we get help making a masterpiece from something unhuman? Lauren Loftus.

28 - BEDROCK When faced with tough decisions, Santa Clara values stand as good guides, says Leon Panetta ’60, J.D. ’63. Leslie Griffy.

Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham

UIC Law Review

For any body of knowledge – an ark of power or a corpus of scholarship – to be studied and used by people, it needs to be accessible to those seeking information. Universities, through their libraries, now aim to make more of the scholarship produced available for free to all through institutional repositories. However, the goal of being truly open for an institutional repository is more than the traditional definition of open access. It also means openness in a more general sense. Creating a scholarship-based online space also needs to take into consideration potential barriers for people with disabilities. This …

Curb Your Enthusiasm: The Rise Of Hedge Fund Activist Shareholders And The Duty Of Loyalty, Soo Young Hong

Fordham Journal of Corporate & Financial Law

Shareholder activism has been a growing problem in the corporate world, creating numerous dilemmas for the board of directors of companies. Activist shareholders can unsettle a company, pressuring the directors to make decisions according to the course of business the activists would prefer, and thus interfering with the traditional role of directors as the decision-makers of a company. With this new development in the business world, legal scholars have been debating if this activism needs to be controlled and, if so, what measures can be taken to reach a balance. This Note examines the traditional corporate principles such as the …

List Voting’S Travels: The Importance Of Being Independent In The Boardroom, Maria Lucia Passador

Fordham Journal of Corporate & Financial Law

The life of the law, especially with regard to corporations, is strongly influenced by experience and practice. The board, a living element of corporate law, is therefore one of the most noteworthy aspects to be studied, given its relevant implications and role as the lifeblood of scholarly debates.

This Article offers a novel contribution to the assessment of list voting, a fairly unique Italian system that has been increasingly appreciated by institutional investors. A hand-picked dataset that stretches from 2005 to 2015 shows a positive correlation between minority-appointed directors in the boardroom and dividend payouts. Furthermore, the findings shed light …

China's Intellectual Property Rights Provocation: A Political Economy View, Shaomin Li

Management Faculty Publications

It is well recognized that intellectual property rights (IPR) violations are at the heart of the economic conflict with China. Little agreement, however, exists about the origin and solutions for this provocation. Broadly speaking, two prescriptions have been proposed: the natural evolutionary and the rule of law views. While both have merits and add to our understanding, they do not go far enough to address the more fundamental IPR policy issue: China has benefited from a rule of law overseas and a rule through law at home, manufacturing unfair advantage to its firms, many of which are owned and/or influenced …

Data Disparity: Tiered Pricing As An Alternative To Consumer Iot Data Privacy Regulations, Matthew Lostocco

Honors Theses and Capstones

In recent years, Internet of Things (IoT) devices have exploded on the consumer scene. These emerging products bring new technological capabilities into our everyday lives. IoT is projected to contribute anywhere from $4-11 trillion to the global economy and companies are investing billions of dollars into the technology. However, with the vast amount of data that IoT devices collect, consumers are burdening the risk of having their personal data breached or sold to third parties. This paper first identifies why consumers may be weary or willing towards providing their personal data and how unconscious biases in the purchasing process cause …

Conceptualizing The Regulation Of Virtual Currencies And Providers: Friction Points In State And Federal Approaches To Regulating Providers Of Payments Execution And Custody Services And Products In The United States, Sarah J. Hughes

Cleveland State Law Review

This essay evaluates the state of regulation by the United States government and State legislatures of participants in emerging virtual-currency businesses. It points to friction points as both the federal government and the States experiment with their own regulatory authority over virtual-currency businesses and provides a taxonomy of differing approaches to regulating such businesses. The essay takes the position that the States need to act in the near term if they wish to maintain their longstanding role as regulators of non-depository providers of financial products and services—or they risk being preempted by Congress or federal regulatory actions. This essay also …

Evaluating A Unified Intellectual Property System Of Internet Service Providers In The Electronic Commerce Law -- A Comparative Research Between China And The U.S., Yifan Huang

Maurer Theses and Dissertations

As the Electronic Commerce Law went into effective in Jan. 1st, 2019, not only did China establish a unified IP protection system of ISPs, but also set up a blueprint for a comprehensive mechanism of ISPs for the future improvement. The question is whether this new law can effectively prevent the serious IP infringement issues of ISPs and therefore successfully improve the IP protection in China. To answerer this question, the dissertation analyzes the development of the mechanism of ISPs in copyright and trademark regimes before the Electronic Commerce Law, and seeks to demonstrate the impact of the Electronic Commerce …

More Steps Toward Fully Electronic Interbank Check Collection And Return: Amendments To Federal Reserve Board Regulation Cc And A Regulatory Resolution Of A Circuit Split, Sarah Jane Hughes

Articles by Maurer Faculty

This article analyzes two actions in 2017 and 2018, respectively, by the Board of Governors of the Federal Reserve System that amend Regulation CC, which governs expedited deposit availability and collection of checks generally and implements the Expedited Funds Availability Act of 1987 and the Check Clearing for the 21st Century Act of 2003. It selects examples from the two sets of amendments that highlight regulatory strategies being used by the Board to facilitate faster payments through the movement of electronic images of checks or electronic information among banks in the check-collection process. Those strategies involve creation of new forms …

Public Regulation And Private Enforcement In A Global Economy: Strategies For Managing Conflict, Hannah L. Buxbaum

Articles by Maurer Faculty

No abstract provided.

Relationships Between Corporate Inversions And The Tax Cuts & Jobs Act, Sedona L. Clothier

Honors Theses and Capstones

No abstract provided.

Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Over roughly the past four decades, government officials from around the world have been erecting a framework of economic governance with major – but under-appreciated – implications for intra-national inequality. The components of this framework are thousands of bilateral and multilateral treaties designed to protect international investment. In many jurisdictions, the treaties have been concluded without public awareness or scrutiny or even much discussion or analysis by government officials – including those officials responsible for negotiating the agreements(Poulsen 2015) – and without an adequate understanding of how these agreements could affect intra-national inequality. Long imperceptible, the size and power of …

The Fallacy Of Defensive Protection For Traditional Knowledge, Margo A. Bagley

Faculty Articles

Proponents of databases as defensive protection posit that having sources of traditional knowledge easily accessible to, and searchable by, examiners during the prosecution process should minimize the grant of patents covering traditional knowledge, and avoid the problems such erroneously granted patents may produce. Some countries, such as India, which support an international sui generis positive protection instrument, also support the use of traditional knowledge databases, as the two approaches are not mutually exclusive. India's CSIR, which created and maintains the TKDL, asserts that the database has thwarted the grant of scores of patents in IP offices across the globe, although …

Shareholders United?, Andrew K. Jennings

Faculty Articles

Securities regulation has a way of crossing into other lanes. What public companies do is substantive regulation. How they govern themselves while doing it-or more importantly, how they disclose it-is securities regulation. So it is no surprise that the perennial concern over regulating money in politics should also become a question of federal securities regulation. The Shareholders United Act (the "Act")-passed by the House of Representatives as part of House Bill 1, an early, major piece of legislation in the 116th Congress-does just that. The Act would require that before engaging in political spending, public companies poll shareholders on how …

Securities Disclosure As Soundbite: The Case Of Ceo Pay Ratios, Steven A. Bank, George S. Georgiev

Faculty Articles

This Article analyzes the history, design, and effectiveness of the highly controversial CEO pay ratio disclosure rule, which went into effect in 2018. Based on a regulatory mandate contained in the Dodd-Frank Act of 2010, the rule requires public companies to disclose the ratio between CEO pay and median worker pay as part of their annual filings with the Securities and Exchange Commission (SEC). The seven-year rulemaking process was politically contentious and generated a level of public engagement that was virtually unprecedented in the long history of the SEC disclosure regime. The SEC sought to minimize compliance costs by providing …

The Ethical (Or Not So Ethical) Story Behind Your Bar Of Chocolate: The Untold Tale Of A Distressed Ghanaian Farmer, Nadia Ayensah

Augustana Center for the Study of Ethics Essay Contest

In a time where the ethics of business dealings have become a key factor in the likelihood of the success of that venture due to globalization, it is important to start considering those ventures that are so popular, but whose inner working are rarely heard of. This paper analyzes the history and process of cocoa production in Ghana. It looks at the status quo with regards to the social and economic standing of Ghanaian Cocoa farmers as opposed to the earnings made by cocoa processing companies. With the statistics derived, the paper then considers who is to take responsibility for …