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2005

Golden Gate University School of Law

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Full-Text Articles in Law

Report On The Second China-Asean Expo 18-21 October 2005, Nanning, Guangxi, China, Sompong Sucharitkul Dec 2005

Report On The Second China-Asean Expo 18-21 October 2005, Nanning, Guangxi, China, Sompong Sucharitkul

Publications

This is a preliminary report on the Second CHINA-ASEAN Free Trade Area (CAFTA, aliter ACFTA for ASEAN-CHINA) Exposition at Nanning in Guangxi Zhuang Autonomous Region, People's Republic of China on 18-21 October 2005. The purpose of this report is to bring to the attention of international business circles, traders and investors alike from within and outside the CAFTA geographical confines new openings and continuing phenomenal growth in business and investment opportunities in the combined ASEAN-CHINA region of East and South-East Asia with a thriving body of 1.85 billion consumers, by far the largest potential single market on earth at any …


Highlights Of Legislative Accomplishments Of 2005, California Senate Office Of Research Dec 2005

Highlights Of Legislative Accomplishments Of 2005, California Senate Office Of Research

California Senate

"Highlights of Legislative Accomplishments of 2005" summarizes significant measures passed by the Legislature this year. The document is arranged by policy area and includes actions taken by Governor Arnold Schwarzenegger. In 2005 the governor signed 729 measures and vetoed 232. Of those signed into law, most will take effect on January 1, 2006.


A Subdued Year For California Lawmakers: The New California Employment Legislation Effective January 1, 2006, Michele Benedetto Neitz Nov 2005

A Subdued Year For California Lawmakers: The New California Employment Legislation Effective January 1, 2006, Michele Benedetto Neitz

Publications

This legislative update will address the most significant employment legislation signed and vetoed this year. It will also highlight a significant deadline for employers from last year’s enacted legislation. Finally, this update will describe two relevant propositions rejected by the people of the State of California.


City Rivers: The Urban Bankside Restored Nov 2005

City Rivers: The Urban Bankside Restored

Environmental Law Symposia

Conference proceedings from the Law & Policy Symposium held at Golden Gate University School of Law, November 18, 2005.


What Is To Be Done? Legislators Look At Redevelopment Reforms, Senate Local Government Committee, Senate Transportation & Housing Committee, Assembly Housing & Community Development Committee, Assembly Local Government Committee, Assembly Judiciary Committee Nov 2005

What Is To Be Done? Legislators Look At Redevelopment Reforms, Senate Local Government Committee, Senate Transportation & Housing Committee, Assembly Housing & Community Development Committee, Assembly Local Government Committee, Assembly Judiciary Committee

California Joint Committees

No abstract provided.


Using Dna To Free The Innocent, Susan Rutberg, Janice Brickley Nov 2005

Using Dna To Free The Innocent, Susan Rutberg, Janice Brickley

Publications

No abstract provided.


Revenue And Taxation Legislative Summary 2005, Assembly Committee On Revenue And Taxation Nov 2005

Revenue And Taxation Legislative Summary 2005, Assembly Committee On Revenue And Taxation

California Assembly

MEMBERS:
Honorable Johan Klehs, Chair
Honorable Mimi Walters, Vice Chair
Honorable Joe Canciamilla
Honorable Judy Chu
Honorable Chuck DeVore
Honorable Dave Jones
Honorable Sally Lieber

STAFF:
Kimberly Bott, Chief Consultant
Sabrina Landreth, Principal Consultant
Christine Hiersche, Committee Secretary


2005 Bill Summary, Assembly Committee On Public Safety Oct 2005

2005 Bill Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS:
Mark Lena, Chair
Jay La Suer, Vice Chair
Rebecca Cohn
Mervyn M. Dymally
Jackie Goldberg
Todd Spitzer
Vacancy

COMMITTEE STAFF
Gregory Pagan, Chief Counsel
Kathleen Ragan, Counsel
Heather Hopkins, Counsel
Steven Meinrath, Counsel
Kimberly Horiuchi, Counsel

Sue Highland, Committee Secretary
Toni J. Nakashima, Committee Secretary


Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul Oct 2005

Legal Protection Of Sui Generis Databases, Chana Rungrojtanakul

Theses and Dissertations

It is undeniable that databases are an essential building block of the Information Society. Today, every business in developed countries operates fully based upon clientele databases, economic statistics, and industries profiles; and innovation and invention rely heavily on collections of facts, data and information that scientists discovered in research and development or exchanged among them. Legislatures have envisaged a need and significance of the free flow of access to information, thereby prescribing copyright protection only to creative selection and arrangement of the contents of databases, not the factual contents contained within. However, the advent of technology avails unconventional methods of …


Review Of The Federal Department Of Justice Investigation Of California State Mental Hospitals, Senate Select Committee On Developmental Disabilities And Mental Health Sep 2005

Review Of The Federal Department Of Justice Investigation Of California State Mental Hospitals, Senate Select Committee On Developmental Disabilities And Mental Health

California Senate

Today we are going to be talking about the investigations in our state hospital system by the United States Department of Justice. In both their reviews of the children's and adult programs at Metropolitan State Hospital in Southern Califomia, as well as the more recent review in Napa State Hospital, the Department of Justice found significant and substantial deficiencies in virtually every aspect of patient care. Sadly, this is not the first time such concerns have been raised. And sadly and alarmingly, since the issuance of these reports, problems have continued, including suicides and homicide.

Additionally, as noted in the …


Gone With The Wind, Roger Bernhardt Sep 2005

Gone With The Wind, Roger Bernhardt

Publications

This article reviews what landlords can and can’t do when confronted with an abandoned tenant in California, including considerations of CC 1951.2, security deposits and the impact of the CC 1950.7 mandates to return return the unused part of a security deposit—even when the damages may exceed the security deposit.


Reinforcing The Seams: Guaranteeing The Promise Of California’S Landmark Anti-Sweatshop Law - An Evaluation Of Assembly Bill 633 Six Years Later, Marci Seville Sep 2005

Reinforcing The Seams: Guaranteeing The Promise Of California’S Landmark Anti-Sweatshop Law - An Evaluation Of Assembly Bill 633 Six Years Later, Marci Seville

Women’s Employment Rights Clinic

Today, AB 633 stands as a landmark law with great potential — much of it yet to be realized — to fight against the proliferation of sweatshops and corporate abuse in the garment industry, and to serve as model legislation for other low-wage industries across California and around the nation in which workers are denied their most basic workplace rights. In documenting the successes of AB 633, as well as presenting the challenges garment workers still face in recovering their wages under the law, this report seeks to provide an answer to the pivotal question: Has AB 633 fulfilled its …


An Unnatural Disaster: The Aftermath Of Hurricane Katrina, Clifford Rechtschaffen Sep 2005

An Unnatural Disaster: The Aftermath Of Hurricane Katrina, Clifford Rechtschaffen

Publications

This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …


Nepal's Accession To Wto And Nepalese Legislation Required To Give Effect To Wto Covered Agreements, Ramesh Bikram Karky Sep 2005

Nepal's Accession To Wto And Nepalese Legislation Required To Give Effect To Wto Covered Agreements, Ramesh Bikram Karky

Theses and Dissertations

Nepal's obligation of bringing its national legislation in conformity with the WTO Covered Agreements is one of the greatest challenges faced by Nepal. Here, for the purpose of our study, the coverage of the WTO Covered Agreements includes the WTO Agreement particularly Article :XVI:4, the Multilateral Agreements on Trade in Goods, General Agreement on Trade in Services and Agreement on Trade-Related Aspects of Intellectual Property Rights.60 This dissertation will focus on Nepal's accession to the WTO and examine Nepalese laws to be revised, amended or enacted to give effect to WTO Covered Agreements. This dissertation is divided into four Chapters …


Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert Sep 2005

Copyright And Anti-Trust Law : Public Performance Rights Licensing Of Musical Works Into Audiovisual Media, Christian Seyfert

Theses and Dissertations

This article will explore the question how anti-trust law affects the performing rights societies' (PRS) practice plain the different types and forms of licensing of licensing public performance rights of musical works into audiovisual media. It will, first, set forth the historical development and necessity of PRSs; secondly, define and exublic performance rights; and, thirdly, analyze in detail the historical attempts by the government and by private parties to enforce anti-trust law against the PRSs' system of blanket licensing musical works into audiovisual media.


Viktor, Myron Moskovitz Aug 2005

Viktor, Myron Moskovitz

Publications

No abstract provided.


An Ounce Of Prevention: A Foster Youth's Substantive Due Process Right To Proper Preparation For Emancipation, Michele Benedetto Neitz Jul 2005

An Ounce Of Prevention: A Foster Youth's Substantive Due Process Right To Proper Preparation For Emancipation, Michele Benedetto Neitz

Publications

Part I of this article considers the current challenges facing youth preparing to leave foster care. Youth are failing to receive adequate preparation services while still in the custody of the government. Consequently, emancipated youth are disproportionately represented in homeless, unemployed, uneducated, and incarcerated populations. Part II examines the specific constitutional rights of youth in foster care. As persons in a custodial relationship with the government, foster youth have a substantive due process right to be free from physical and emotional harm. This protection includes services and training as required to “meet the basic needs” of a child. Emancipation preparation …


Gore Headlines Liberal Confab, Justin Scheck Jun 2005

Gore Headlines Liberal Confab, Justin Scheck

History of GGU Law

Al Gore spoke at GGU Law to headline a kickoff party for 'the local chapter of the American Constitution Society.


Notes From The Underground, Vol.5#13, May, 2006 May 2005

Notes From The Underground, Vol.5#13, May, 2006

Newsletters

No abstract provided.


A Just New World Order In The Global Finance, Insop Pak May 2005

A Just New World Order In The Global Finance, Insop Pak

Theses and Dissertations

This study attempts to address that in search of a just new world order in the global finance what should be the proper national, regional, and international responses to the global financial integration. At first glance, it analyzes the globalization of finance. The impact of globalization on state sovereignty is also demonstrated. In this regard, this study seeks to reconceptualize the traditional notion of state sovereignty. Here it highlights the increased interaction and interdependence between states and non-state actors in the global economy. Then, this study moves on to the anatomy of the dynamics of global governance through government networks- …


A Just World Under Law: A Just And Peaceful World Under The Rule Of Law, Sompong Sucharitkul Apr 2005

A Just World Under Law: A Just And Peaceful World Under The Rule Of Law, Sompong Sucharitkul

Publications

Presentation given to the Fourteenth Regional Meeting of the American Society of International Law in combination with the Fifteenth Annual Fulbright Symposium at Golden Gate University School of Law.


Professor Bernie Segal: 33 Years Of Inspiring Law Students, Lorri Ungaretti Apr 2005

Professor Bernie Segal: 33 Years Of Inspiring Law Students, Lorri Ungaretti

Articles About Faculty

Professor Bernard Segal is recognized as an effective, dedicated teacher by his colleagues and remembered fondly by hundreds of former students. On December 6, 2004, Bernie was one of several people honored at the Golden Gate University alumni awards luncheon.


Commencement Program, 2005 Apr 2005

Commencement Program, 2005

Commencement

No abstract provided.


The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel Apr 2005

The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel

Publications

No abstract provided.


From Inquisitorial To Accusatorial? Pro-Accusatorial Evidential Reforms On The Roc Criminal Procedure Code, Ming-Woei Chang Apr 2005

From Inquisitorial To Accusatorial? Pro-Accusatorial Evidential Reforms On The Roc Criminal Procedure Code, Ming-Woei Chang

Theses and Dissertations

Over the past decades, the ROC criminal justice system has long been criticized for its insufficient human rights protection, especially for the alleged criminal offenders. From 1947 to 1987, the ROC enforced martial law and was in a state of siege. In this era of martial law rule, ordinary citizens in the ROC jurisdiction lived for four decades with little anticipation of any recognition of their inherent human rights, not to mention the rights of the accused. To some extent, it was considered a privilege for an ordinary citizen to claim any right to an impartial trial. The guarantee of …


Environmental Justice, Clifford Rechtschaffen, Eileen Guana, Catherine A. O'Neill Mar 2005

Environmental Justice, Clifford Rechtschaffen, Eileen Guana, Catherine A. O'Neill

Publications

This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation.


Law Library Gazette, February 28, 2005 Feb 2005

Law Library Gazette, February 28, 2005

Newsletters

No abstract provided.


A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel Feb 2005

A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel

Publications

The shortcomings of UECA are on the front end, at the point when state and local environmental agencies decide to approve environmental covenants at a particular site.


Taking Title To Servient Tenements, Roger Bernhardt, Joyce Palomar Feb 2005

Taking Title To Servient Tenements, Roger Bernhardt, Joyce Palomar

Publications

This article addresses how to protect clients who are acquiring property from taking it subject to easements that may not be recorded and may not be evident from the current physical appearance of the property.


Top Legal Scholars Join Golden Gate Paris Program Faculty, Lorri Ungaretti Jan 2005

Top Legal Scholars Join Golden Gate Paris Program Faculty, Lorri Ungaretti

Press Releases

No abstract provided.