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Golden Gate University School of Law

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Full-Text Articles in Law

The Future Of The Safe Rule And Achieving More Climate-Friendly Cafe Regulations, Maximo Lacerca-Desrosiers Jun 2021

The Future Of The Safe Rule And Achieving More Climate-Friendly Cafe Regulations, Maximo Lacerca-Desrosiers

Golden Gate University Environmental Law Journal

On April 30, 2020, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) issued a final rule called the “Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 2021-2026 Passenger and Light Trucks” (“SAFE Rule”) to amend the Corporate Average Fuel Economy (“CAFE”) ratings. CAFE standards are regulations first enacted nearly fifty years ago to promote greater fuel efficiency in car manufacturing through a system of incentives and penalties. While the CAFE standards have been revised many times over the years, the SAFE Rule rolled back the more stringent 2012 CAFE standards that sought to align fuel ...


Is An Injunction The Right Vehicle To Combat Climate Change?: Greenwashing And The Importance Of Increasing Consumer Choice In Fossil Fuel Alternatives, Caesaria Kim Jun 2021

Is An Injunction The Right Vehicle To Combat Climate Change?: Greenwashing And The Importance Of Increasing Consumer Choice In Fossil Fuel Alternatives, Caesaria Kim

Golden Gate University Environmental Law Journal

In the face of the climate crisis, people are increasingly interested in more sustainable and eco-conscious alternatives to fossil fuels. As a result, companies associated with fossil fuel industries are under pressure to conform to this trend among consumers by marketing themselves as leaders in developing sustainable alternatives. However, instead of changing their practices in an effort to mitigate climate change, some companies only promote the appearance of change by engaging in “greenwashing.” Greenwashing is defined as the “practice of misleading people to believe that a company is engaging in virtuous practices so as to cover up poor practices” or ...


A Clean Water Act, If You Can Keep It, Sean G. Herman Jun 2021

A Clean Water Act, If You Can Keep It, Sean G. Herman

Golden Gate University Environmental Law Journal

The Clean Water Act has traveled a successful but tortuous path. From combustible beginnings on the Cuyahoga River; through the Lake St. Clair wetlands; to reservoirs near the Miccosukee; and eventually discharged (or “functionally” discharged) off the Maui coast. With each bend, the nearly fifty-year-old Act has proven to be not just resilient, but among our most successful environmental laws. Much of that success stems from an effective enforcement structure that focuses more on treating pollutant sources rather than just impaired waters. The text creating that structure has largely remained untouched by Congress for decades.

This article begins by posing ...


Trade And Environment In Nafta’S Replacement: An Old Gas Guzzler Gets A Paint Job, Geoffrey Garver Jun 2021

Trade And Environment In Nafta’S Replacement: An Old Gas Guzzler Gets A Paint Job, Geoffrey Garver

Golden Gate University Environmental Law Journal

The North American Free Trade Agreement (NAFTA)2 is now history, and, depending on where you are, as of July 1, 2020, the Canada- United States-Mexico Agreement (CUSMA) in Canada, the United- States-Mexico-Canada (USMCA) in the United States, or the Tratado entre M´exico, Estados Unidos y Canad´a (T-MEC) is in force. The renegotiation of NAFTA fulfilled candidate Donald Trump’s promise to scrap or renegotiate NAFTA in order to protect and restore United States jobs and industrial capacity and increase economic growth, themes that consistently helped define his trade agenda politically as President. But what about the environment ...


Safeguarding Water Quality In Federal Licensing Decisions: California’S Response To Recent Constraints On Clean Water Act Section 401 Certification Authority, Kristin Peer, Stacy Gillespie Jun 2021

Safeguarding Water Quality In Federal Licensing Decisions: California’S Response To Recent Constraints On Clean Water Act Section 401 Certification Authority, Kristin Peer, Stacy Gillespie

Golden Gate University Environmental Law Journal

Pursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (“U.S. EPA”), and implementation of certification authority by the states, have repeatedly reinforced the cooperative federalism principle of the Clean Water Act: state section 401 certification authority is essential to preserve the states’ ability to address a wide range of pollution problems caused by federally-permitted energy facilities. In recent years, however, state section 401 certification authority has come ...


Front Matter Jun 2021

Front Matter

Golden Gate University Environmental Law Journal

Front Matter includes Masthead, faculty members, administration, and Table of Contents.


The Unfair Treatment Of Cryptocurrencies By The U.S. Internal Revenue Service, Antonio Alverez Lorenzo Jun 2021

The Unfair Treatment Of Cryptocurrencies By The U.S. Internal Revenue Service, Antonio Alverez Lorenzo

Blockchain Law

This paper explores the challenges the cryptocurrency industry has been confronting in the United States due to the unfairness of the tax policies issued by the United States Internal Revenue Service. Cryptocurrency service providers, miners, investors and general consumers are being prevented from taking advantages of special tax treatments as compared to other similar properties, commodities and securities. Tax legislation has not kept pace with the development of emerging cryptocurrency technologies that enable otherwise traditional types of revenue to be generated.


Comments Re: Concrete Production, Materials Handling, And Concrete Crushing Operations At Piers 92 And 94, San Francisco, Golden Gate University School Of Law Jun 2021

Comments Re: Concrete Production, Materials Handling, And Concrete Crushing Operations At Piers 92 And 94, San Francisco, Golden Gate University School Of Law

Environmental Law and Justice Clinic

The Environmental Law and Justice Clinic at Golden Gate University School of Law (the “Clinic”) submits these comments on behalf of the African American Community Health Equity Council, All Positives Possible, Bayview Hill Neighborhood Association, Bayview Hunters Point Mothers and Fathers Committee, Communities for a Better Environment, First Generation Environmental Health & Economic Developments, Greenaction for Health and Environmental Justice, the National Lawyers Guild - SF Bay Area Chapter Environmental Justice Committee, and the West Oakland Environmental Indicators Project.


The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata Jun 2021

The Pleasure Of The Contract: Legal Role Play From Leopold Von Sacher-Masoch Through Noodles & Beef, Michael Angelo Tata

Golden Gate University Law Review

The recent article Nonbinding Bondage: Exploring the (Extra)legal Complexity of BDSM Contracts encapsulates the aesthetic legacy of the sex contract and its embodiment in what this Comment calls “legal role play,” or how individuals perform contractual play-acting for sexual gratification. In Part I, this Comment challenges Nonbinding Bondage’s historical arc, using this writing as a launchpad for a more extensive discussion of the sex contract’s aesthetic interpretation. Employing a vocabulary of parody, play and performance (all aesthetics terms), Nonbinding Bondage presents the most popular reading of subcultural BDSM contracts: that they mime aspects of traditional contracts to ...


Total Makeover: Federal Cosmetics Regulation And Its Need For Legislative Overhaul To Ensure Consumer Protection, Justice Tecson Jun 2021

Total Makeover: Federal Cosmetics Regulation And Its Need For Legislative Overhaul To Ensure Consumer Protection, Justice Tecson

Golden Gate University Law Review

The cosmetic industry’s lack of federal oversight has given rise to concerns regarding consumer safety. Amy Friedman’s story is one example of how the current lack of FDA cosmetic regulation causes actual harm to consumers.26 The current regulatory scheme allows cosmetic companies to operate with little to no government review, leaving consumers vulnerable to potential bad actors. This Comment discusses the problematic effects of the current regulatory framework on the health and safety of consumers, and explores the SCPCPA and its proposed amendments to the FDA’s regulatory authority over cosmetics.

This Comment argues that the SCPCPA ...


An Absolute Deprivation Of Liberty: Why Indigents’ Wealth-Based Discrimination Claims Brought Under The Equal Protection Clause Should Be Subject To Intermediate Scrutiny, Athena Hernandez Jun 2021

An Absolute Deprivation Of Liberty: Why Indigents’ Wealth-Based Discrimination Claims Brought Under The Equal Protection Clause Should Be Subject To Intermediate Scrutiny, Athena Hernandez

Golden Gate University Law Review

This Comment argues that wealth-based discrimination claims concerning pretrial detention of indigents should be analyzed under an Equal Protection framework and subjected to intermediate scrutiny. In order to provide an overview of the Supreme Court precedent established for these types of claims, Part I of this Comment will discuss the relevant and historic Supreme Court cases which have analyzed wealth-based incarceration claims in the United States. To further establish how Federal Courts have treated wealth-based incarceration Equal Protection claims, Part II will discuss the Fifth Circuit’s relevant opinions. Part III outlines the court’s decision in Walker, discussing how ...


Privity Vs. Proximity: The Supreme Court’S Erroneous Reading Of The Illinois Brick Doctrine In Apple Inc. V. Pepper, Suzin A. Win Jun 2021

Privity Vs. Proximity: The Supreme Court’S Erroneous Reading Of The Illinois Brick Doctrine In Apple Inc. V. Pepper, Suzin A. Win

Golden Gate University Law Review

The rapid development of the digital marketplace led the United States Supreme Court to revisit the forty-two year old antitrust precedent set in Illinois Brick Co. v. Illinois. In Illinois Brick, the Supreme Court decided that under Section 4 of the Clayton Act, direct purchasers have standing to sue for treble damages due to unfair business practices, while indirect purchasers do not. Over four decades later, in Apple Inc. v. Pepper, the Court reevaluated this doctrine. This time, the Court had to determine which party received the “direct purchaser” status in a situation where plaintiffs bought apps from third-party developers ...


Interview: Black Lives Matter—A Discussion With Two Civil Rights Attorneys, Justin C. Trimachi Jun 2021

Interview: Black Lives Matter—A Discussion With Two Civil Rights Attorneys, Justin C. Trimachi

Golden Gate University Law Review

Dr. Martin Luther King Jr. once said, “Human progress is neither automatic nor inevitable . . . every step towards the goal of justice requires sacrifice, suffering and struggle, the tireless exertions and passionate concern of dedicated individuals.” The Black Lives Matter (“BLM”) movement has a formal presence in the United States, the United Kingdom, and Canada. The founders’ outrage at the acquittal of George Zimmerman, who they believed murdered Trayvon Martin in 2013, fueled BLM’s mission to empower Black communities to intervene in the violence inflicted on those communities by both the State and vigilantes and to eradicate white supremacy. Further ...


Front Matter Jun 2021

Front Matter

Golden Gate University Law Review

Front Matter includes the Masthead, Preface, list of law faculty, and Table of Contents.


Comments On South Fresno Road Widening Project, Golden Gate University School Of Law Jun 2021

Comments On South Fresno Road Widening Project, Golden Gate University School Of Law

Environmental Law and Justice Clinic

We are writing this letter on behalf of South Fresno Community Alliance, Katy Taylor, Rosa DePew, and Panfilo Cerrillo to urge you to deny approval of the actions before you today for the Central Avenue Improvements Project (Bid File 3796) (“Project”), including the finding of Categorical Exemptions pursuant to the California Environmental Quality Act Guidelines, the Inter-fund Loan Agreement for $1,880,097, and the award of a construction contract.


San Francisco Bay Restoration Act, United States. Congress. House. Committee On Transportation And Infrastructure Jun 2021

San Francisco Bay Restoration Act, United States. Congress. House. Committee On Transportation And Infrastructure

Federal Documents

The Committee on Transportation and Infrastructure, to whom was referred the bill (H.R. 610) to amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.


Comments Re: Baaqmd Permitting Rules, Golden Gate University School Of Law May 2021

Comments Re: Baaqmd Permitting Rules, Golden Gate University School Of Law

Environmental Law and Justice Clinic

Comments regarding the Bay Area Air Quality Management District permitting rules. The comments are submitted by the Environmental Law and Justice Clinic at Golden Gate University School of Law on behalf of the West Oakland Environmental Indicators Project and Communities for a Better Environment.


Reimagining Criminal Justice: Open Source Data Key To Addressing Mental Health Crises, Brennan Gamwell May 2021

Reimagining Criminal Justice: Open Source Data Key To Addressing Mental Health Crises, Brennan Gamwell

Reimagining Criminal Justice

A transparent, cross-functional approach to data sharing and analysis focused on reliability and completeness can help to improve San Francisco's response to the mental health crisis, says Brennan Gamwell, a 2022 JD candidate at the Golden Gate University School of Law.


Reimagining Criminal Justice: How We Traded Out Asylums For Prisons, Zaynah Zaman May 2021

Reimagining Criminal Justice: How We Traded Out Asylums For Prisons, Zaynah Zaman

Reimagining Criminal Justice

The criminal justice system fails to adopt alternative mental health reforms better equipped to handle mental health crises rather than placing the mentally ill in institutions that have proven to worsen their illness. The criminalization of mental illness must end, says Zaynah Zaman, a student at Golden Gate University School of Law.


2021 Commencement Ceremony, Golden Gate University School Of Law May 2021

2021 Commencement Ceremony, Golden Gate University School Of Law

Commencement

The 2021 Commencement Program is attached.


Democracy Is Fragile: Extreme Partisan Polarization Has Become Rampant In The World, Suzin Win May 2021

Democracy Is Fragile: Extreme Partisan Polarization Has Become Rampant In The World, Suzin Win

GGU Law Review Blog

The status of democracy once seemed irrelevant in discussions of government in the United States and other long-established democracies. However, with the rise of extreme partisan polarization and the contempt that each party shows for the other, maintaining constitutional democracy is now a major concern for people in America. There is no longer any ideological overlap between the most conservative Democrats and the most liberal Republicans. In the words of Professor Daryl J. Levinson and Professor Richard H. Pildes of NYU School of Law, the “separation of powers” has been replaced by a “separation of parties.” The actions of the ...


Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law Apr 2021

Geofence Warrants: An Attack On The Fourth Amendment, Golden Gate University School Of Law

GGU Law Review Blog

Imagine a world where a king could compel the search of anybody, anywhere, and for anything. This world inspired James Madison to draft the Fourth Amendment, and is also a world we are returning to. The Fourth Amendment was created to protect against indiscriminate general warrants used in Georgian England, which subjected colonists to unrestricted invasions of privacy. Today, these general warrants come with a new name and in a new form: geofence warrants. Geofence warrants permit law enforcement to obtain the location data of every person that was in a specific geographic area where a crime occurred, in an ...


Unstoppable Gamestop: The Legislature’S Gap In Regulating Open Market Manipulations, Suzin Win Apr 2021

Unstoppable Gamestop: The Legislature’S Gap In Regulating Open Market Manipulations, Suzin Win

Student Publications

When imagining a modern David and Goliath story, one would not normally think of a group of Wall Street hedge funds versus individuals on a forum on Reddit.com. In January of 2021 though, many headlines made this comparison, as online traders frantically purchased GameStop stock (“GME”) and drove the prices sky-high, while large hedge funds faced up to $19 billion in losses. Throughout January and mid-February, users of the Reddit forum r/WallStreetBets began buying GME for collective entertainment reasons. What began as a “meme stock” that users purchased to comically pump the stock of a chain of mall ...


Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School Of Law Apr 2021

Moore’S Law, Unemployment, And Homelessness: Why An Increasingly Automated Marketplace Demands Guaranteed Income Programs For Americans, Golden Gate University School Of Law

GGU Law Review Blog

Although the rate of people experiencing homelessness was increasing even before 2020, the Covid-19 pandemic contributed to a further rise in the nation’s unemployment rate. Studies have shown that a one-percent increase in the nation’s unemployment rate could bring an increase in homelessness of 0.065 per every 10,000 people. Unemployment during the pandemic rose to over fourteen percent, meaning that the pandemic will likely precipitate increased levels of homelessness in America. The influx of economic stimulus payments during the pandemic has refocused discussions on the extent to which guaranteed income programs could be used to provide ...


Remembering California’S History In Youth Corrections, Sadie Minjares Odom Apr 2021

Remembering California’S History In Youth Corrections, Sadie Minjares Odom

GGU Law Review Blog

California Governor Gavin Newson’s 2021-22 state budget sets forth plans to permanently close the California’s Division of Juvenile Justice and transition any children in the state’s care to the counties who committed them. On September 30, 2020, California lawmakers passed SB 823, the pillar of this transition. As the closure of the state-run juvenile correctional system marks a new journey for California’s youth, the state’s gloomy history in youth corrections looms overhead.


Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School Of Law Apr 2021

Attacks On The Asian Community: When Can Prosecutors Seek Hate Crime Enhancements?, Golden Gate University School Of Law

GGU Law Review Blog

At the start of 2021, images of violent attacks on Asian individuals all across the nation began flooding social media timelines. Large protests shortly followed these attacks in support of the Asian Community to “Stop Asian Hate.” Since then, reports and images of such attacks have only become more and more common, with the Atlanta Spa Shootings at the forefront of the conversation. As a result, much of the public and the media have been referring to these attacks as “hate crimes.” Yet, prosecutors are not seeking hate-crime enhancements in many of these cases. Several high-profile cases demonstrate the evidentiary ...


Using Tax Law To Perpetuate Gentrification: Vinegar Hill Lives Again In Charlottesville, Kelsey Massey Apr 2021

Using Tax Law To Perpetuate Gentrification: Vinegar Hill Lives Again In Charlottesville, Kelsey Massey

GGU Tax & Estate Planning Review

The 2017 Tax Cuts and Jobs Act, enacted by the Trump administration, created the largest government-sponsored subsidy for urban renewal through the Opportunity Zones program. This tax expenditure is designed to delay and even avoid capital gains taxes to incentivize development in areas deemed to be in economic distress. While the program’s stated intent is to revitalize neighborhoods, build affordable housing, or promote small businesses, the selection of qualified areas is based on the income rate of residents. That is to say, a subsidy program focused on the physical place improvements has based its designation criteria on local resident ...


The Politics Of Stupidity At The U.S.-Mexico Border: The Devil’S Highway By Luís Alberto Urrea, Valeria Ramos Jansen Apr 2021

The Politics Of Stupidity At The U.S.-Mexico Border: The Devil’S Highway By Luís Alberto Urrea, Valeria Ramos Jansen

GGU Law Review Blog

A vivid, shocking, and provocative story about 26 “walkers”—migrating Mexican men who suffered and died in the Arizona desert on May 19, 2001—The Devil’s Highway is a profound work of nonfiction by Luís Alberto Urrea. Born in Tijuana to a Mexican father and an American mother, Urrea understands the contradictions and absurdities at the U.S.-Mexico border. While Urrea clearly wants the reader to learn about the walkers’ humanity and motivations to leave Mexico, he leaves it up to readers to arrive at their own conclusions about their coyotes and guides. Sometimes Urrea sympathizes with the ...


Criticism, Confusion Over California’S Proposition 19 Property Tax Amendments, Berenice Quirino Apr 2021

Criticism, Confusion Over California’S Proposition 19 Property Tax Amendments, Berenice Quirino

GGU Law Review Blog

Proposition 19, the California measure narrowly approved by voters last November, created a tax break for some and tax hikes for others. Proponents of the measure tout the new tax revenue stream for the state as well as benefits for some of its vulnerable residents. In contrast, those opposed argue it disproportionately benefits wealthy, white residents while hurting people of color and low-income Californians.

The measure amended the California constitution by adding new sections to Article XIII A, which relates to tax limitations. As of April 1, 2021, Proposition 19 removes certain restrictions for eligible homeowners who transfer their home ...


Are Parent-Child Transfers Under California Prop 19 Destroying The Ability To Create Generational Wealth?, Golden Gate University School Of Law Apr 2021

Are Parent-Child Transfers Under California Prop 19 Destroying The Ability To Create Generational Wealth?, Golden Gate University School Of Law

GGU Law Review Blog

On November 3, 2020, California voters narrowly voted to pass Proposition 19 (Prop 19) which affects how California homeowners are able to pass on property to family members. Effective on February 16, 2021, parents attempting to pass on their family home to children are now inadvertently restricting how their children can and will use the home.