Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Golden Gate University School of Law

Publications

Series

1994

Articles 1 - 13 of 13

Full-Text Articles in Law

California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo May 1994

California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo

Publications

Participants in the California Comparative Risk Project were charged with identifying environmental threats of the greatest ecological, human health, and societal concern using the risk ranking model. However, agreeing that risk is not the only factor that should be considered, our project also examined how economics, pollution prevention, environmental justice, education, and public participation contribute to environmental decision-making. The unique inclusion of this aspect in our project was in response to a growing debate nationally and in California about the limitations of a risk-ranking model for setting environmental priorities. The findings and recommendations of the California Comparative Risk Project are …

Go to article

Consumer Bankruptcy: A Roundtable Discussion, Janice E. Kosel Apr 1994

Consumer Bankruptcy: A Roundtable Discussion, Janice E. Kosel

Publications

No abstract provided.

Go to article

When Is An Error Not An "Error"? Habeas Corpus And Cumulative Error Analysis, Rachel A. Van Cleave Jan 1994

When Is An Error Not An "Error"? Habeas Corpus And Cumulative Error Analysis, Rachel A. Van Cleave

Publications

This article first addresses the question of whether courts should consider cumulative error analysis in habeas corpus cases, or whether the Eighth Circuit Court of Appeals is correct that each error must stand on its own. After concluding that cumulative error analysis should be a cognizable issue in habeas corpus petitions, the question of whether courts should employ a different standard for habeas petitions alleging cumulative error is addressed. Emphasis is placed on the Fifth Circuit case, Derden v. McNee and. that court's rationale for imposing limitations on habeas corpus petitions alleging cumulative error. The Fifth Circuit's four-prong test for …

Go to article

Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel Jan 1994

Russia's Wild East: Ecological Deterioration And The Rule Of Law In Siberia, Paul Stanton Kibel

Publications

Although there are now greater environmental protections on the Russian law books, these protections have so far done little to improve ecological conditions in Siberia. This article examines how the dramatic political and legal changes in Russia have affected Siberian nature conservation and environmental protection. More specifically, it seeks to explain why, despite the significant restructuring of political power and the increasingly open discussion of ecological issues, the Siberian environment continues to deteriorate. The article begins with an analysis of existing ecological and economic conditions in Siberia. It then considers how the legal legacy of the USSR has hindered recent …

Go to article

Procedure For The Protection Of Civil Aircraft In Flight, Sompong Sucharitkul Jan 1994

Procedure For The Protection Of Civil Aircraft In Flight, Sompong Sucharitkul

Publications

This Article will propose rules, principles, and guidelines for nations to follow in order to protect civilian aircraft. Nations that destroy civilian aircraft must be held responsible for their actions regardless of whether the destruction was intentional. Two recent, notorious incidents stand out that require public attention and further in-depth investigation. This Article is intended to explore effective ways to prevent repetition of such incidents in the future and the litigation that frequently ensues.9 Accordingly, this Article will discuss two competing principles of international law: (1) possible intrusion of national territorial airspace; and (2) possible misreading of the path of …

Go to article

Book Review: The Arbitration Mechanism Of The International Center For The Settlement Of Investment Disputes, Sompong Sucharitkul Jan 1994

Book Review: The Arbitration Mechanism Of The International Center For The Settlement Of Investment Disputes, Sompong Sucharitkul

Publications

No abstract provided.

Go to article

Sub·Saharan Africa: Economic Stagnation, Political Disintegration, And The Specter Of Recolonization, Jon H. Sylvester Jan 1994

Sub·Saharan Africa: Economic Stagnation, Political Disintegration, And The Specter Of Recolonization, Jon H. Sylvester

Publications

In 1992 I was awarded a Fulbright scholarship to teach in the Law School at the University of Nairobi during the 1992-1993 academic year. Since returning to the United States, whenever I am asked to describe the year and some of my experiences, I am tom between doing a travelogue and doing the report of a (very informal) fact-finding mission. The dilemma is this: On one hand, this was and could easily remain the adventure of my life-complete with breathtaking sights, endless anecdotes about people, local food, cultural idiosyncracies, and funny (some not-so-funny) things that happened. On the other hand, …

Go to article

A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave Jan 1994

A Matter Of Evidence Or Of Law? Battered Women Claiming Self-Defense In California, Rachel A. Van Cleave

Publications

This essay examines the obstacles battered women face in the form of evidentiary rules and in the definitions of certain elements of self-defense, focusing specifically on the appellate court opinion in Aris. The essay then evaluates existing and pending legislation in California which has sought to undo the narrowing effected by Aris. Finally, the essay proposes statutory language which would be more effective in ensuring that battered women who kill their batterers in non-traditional confrontational situations may fully present their claims of self-defense. Where a defendant claims self-defense and presents evidence regarding the Battered Woman Syndrome ("BWS"), my …

Go to article

The Entry Into Force Of The 1982 Un Convention On The Law Of The Sea On November 17, 1994: A Thai Perspective, Sompong Sucharitkul Jan 1994

The Entry Into Force Of The 1982 Un Convention On The Law Of The Sea On November 17, 1994: A Thai Perspective, Sompong Sucharitkul

Publications

A paper submitted to the SEAPOL Tri-Regional Conference on Current Issues on Ocean Law, Policy and Management South-East Asia, North-West Pacific and South-West Pacific.

Go to article

Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum Jan 1994

Keeping An Eye On The I.N.S.: A Case For Civilian Review Of Uncivil Conduct, Stephen A. Rosenbaum

Publications

Use of deadly force by the U.S. Border Patrol (and other immigration officers) and other forms of violence against border-crossing migrants has captured the attention of the agency's leadership, although the response remains equivocal and erratic. In 1993, the then Acting Commissioner of the Immigration and Naturalization Service (INS) pledged to aggressively pursue[ ] claims of misconduct and strictly adhere to investigative and disciplinary procedures. However, the INS stopped short of endorsing changes in complaint review procedures, such as the call for civilian oversight.

A decade has passed since the U.S. Commission on Civil Rights identified serious problems in the …

Go to article

State V. Mchugh: The Louisiana Supreme Court Upholds Gaming Checks, Anthony S. Niedwiecki Jan 1994

State V. Mchugh: The Louisiana Supreme Court Upholds Gaming Checks, Anthony S. Niedwiecki

Publications

No abstract provided.

Go to article

Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford Jan 1994

Strategies For Environmental Justice: Rethinking Cercla Medical Monitoring Lawsuits, Colin Crawford

Publications

This Article argues that by concentrating largely on expanding the scope of constitutional jurisprudence, lawyers and legal academics have failed to examine possibilities for strategic lawsuits using the elaborate array of existing federal environmental statutes. Specifically, both lawyers and legal academics have needlessly neglected or shied away from the medical monitoring lawsuit available under section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), to the disadvantage of potential environmental justice plaintiffs.

Go to article

The Low-Level Radioactive Waste Policy Amendments Act: An Overview, Deborah M. Mostaghel Jan 1994

The Low-Level Radioactive Waste Policy Amendments Act: An Overview, Deborah M. Mostaghel

Publications

This paper, answering questions raised in an earlier article, first sets out the events and policies that led to the enactment of the federal law and amendments that authorize state-organized regional radioactive waste disposal. After analyzing what the amended statute requires, it examines the states' progress in forming and siting compacts. This article also considers the effects of state challenges to the Act and its Amendments. Finally, the conclusion notes problem areas that should be addressed with regard to nuclear waste disposal.

Go to article