Law Commons^™

Transfer Of Interest After Pendency – A Comparative Analysis Of The Solutions Adopted By The American And German Civil Procedure Systems, Madeleine Tolani

Annual Survey of International & Comparative Law

This paper deals with the problem of the transfer of interest in the context of litigation, which occurs with reasonable frequency in commercial law. The transfer of interest after pendency arises when a litigant assigns his rights or obligations to a third party while the action is pending. This is illustrated by the following short example: A – the owner of some jewelry – brings a suit against B, claiming the restitution of the jewelry, which he lent to B. During the lawsuit, B sells the jewelry to C and tells him about the pending lawsuit, and that A had …

Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience, Eric Powell

Annual Survey of International & Comparative Law

Centuries-old maritime jurisprudence continues to guide the law of the sea today. These baseline understandings are necessary to maintain order of the largest international commons, the sea. The seas’ central role in globalization, though, strains some of this established law. In particular, the question of jurisdiction has become increasingly complex as ships regularly ply every ocean and visit ports in dozens of countries. Many of these ships are actually subject to the exclusive jurisdiction of States with which they have no connection and which have limited incentives to regulate. This paper explores how this jurisdictional non sequitur arose, and when …

Environmental Abuses In Nigeria: Implications For Reproductive Health, Violet Aigbokhaevbo, Nkoli Aniekwu

Annual Survey of International & Comparative Law

The prevalence of abusive environmental practices in Nigeria and the impunity with which they are perpetuated has generated increased concern globally and among the populace. Reproductive health and environmental health are intertwined. There has been increased concern about the adverse impact of environmental contaminants on fertility and reproduction. For example, epidemiological studies indicate that environmental exposure to endocrine disrupting chemicals is associated with human diseases and disabilities. Such exposure to environmental contaminants can be through air, water, land, and the workplace. In Nigeria, infant and maternal health prospects are still shrouded in controversy due to the unreliability of data and …

From Mountains To Molehills: A Comparative Analysis Of Drug Policy, Brian A. Ford

Annual Survey of International & Comparative Law

This paper examines the debate surrounding the trend of global movements away from prohibition and towards a harms reduction approach to drug policy. This paper reviews the prohibitionist model that is, by and large, the global status quo of how countries deal with drugs. Under the prohibitionist approach, governments criminally ban the production, trafficking, sale, possession, and use of drugs in an effort to directly combat the harms associated with drugs. Section I of this paper presents the prohibitionist approach as the international status quo and examines the effects and failures of that approach. Section II examines a variety of …

The Place Of Treaties In International Investment, Eustace Chikere Azubuike

Annual Survey of International & Comparative Law

This paper is divided into seven parts. Part 1 traces the history of foreign investment treaties and provides the factors that led to the emergence of the current investment regime. Part 2 discusses the significance of treaties in the vexed question of whether or not there is a hierarchy of international law sources. Part 3 examines treaty-making in the current international investment regime – visiting the argument about whether or not the provisions of investment treaties have ripened into customary international law, highlighting the dominance of bilateral investment treaties over multilateral investment treaties, offering explanation for the near absence of …

A Holistic Approach To The Conflict Of Israel And Palestine: Where We Are Now And Where We Can Go, Oraneet Shikmah Orevi

Annual Survey of International & Comparative Law

The Israeli-Palestinian conflict has spanned over six decades, resulting in brutal deaths of civilians, assassinations of political figures, and casualties of countless soldiers on both sides. Dominant discourse on the conflict focuses largely on the prevalence of violence and State-figures’ failure to properly address the issue. This paper will take a different approach by exploring the legality under International Law of the continual expansion of Israeli settlements in the West Bank and by illuminating the peacebuilding efforts of grassroots organizations focused on education, uniting communities, and engaging international actors. A discussion of the history is important not only to inform …

A Comparative Analysis Of Judicial Councils In The Reform Of Judicial Appointments Between Kenya And England, Njeri Thuki

Annual Survey of International & Comparative Law

In this paper, I focus on the selection of judicial officers using judicial commissions. These judicial commissions are also referred to as “judicial councils” or “merit commissions,” so for the purposes of this study, these three terms are synonymous. This paper focuses on Kenya and England because they have taken similar paths to judicial reform. For example, they both added an extra tier to the hierarchical structure and therefore both have a Supreme Court. They both have robust judicial commissions that have changed the selection of judicial officers. However, the judicial commission in Kenya, known as the Judicial Service Commission …

Terrorism And International Law: Cure The Underlying Problem, Not Just The Symptom, Sir Arnold K. Amet

Annual Survey of International & Comparative Law

Terrorist activities are not of recent origin on the international plane. They have been around since the beginning of humanity. Although international law may not be accused of addressing the issue of terrorism with levity, it was after the 9/11 terrorist attacks on the United States that the international community’s efforts toward fighting terrorism garnered more strength and attention.

The debatable critical question is whether terrorism under international law should be studied and treated as a specific subject in developing the legal norms and principles for its fight and regulation, or whether terrorism should be fought and regulated based on …

Foreword, Jon H. Sylvester

Annual Survey of International & Comparative Law

No abstract provided.

“Sed Quis Custodiet Ipsos Custodies?” (But Who Will Guard The Guardians?) The Case For Elevating Official Corruption To The Status Of A Crime In Positive International Law, Ndiva Koefele-Kale

Annual Survey of International & Comparative Law

Keynote Address to the 22nd Annual Fulbright Symposium - Confronting Complexity in International Law.

Cite as: 19 Annl. Survey Int'l. Comp. L. 1 (2013).

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.

Masthead

Annual Survey of International & Comparative Law

No abstract provided.

Putting Teeth Into A.B. 109: Why California’S Historic Public Safety Realignment Act Should Require Reentry Programming, Kathleen Nye Flynn

Golden Gate University Law Review

Part I of this Comment provides a history of probation reform policies in California and an overview of realignment and its preceding litigation, with a focus on components that relate to rehabilitation in post-release. Part II explores how Plata laid the groundwork for California’s current focus on reform and demonstrates how realignment hinges on changing the role of probation, slowing recidivism, and improving rehabilitation opportunities. Part III argues that the State should provide mandatory guidelines for county rehabilitation efforts as part of realignment. Finally, Part IV recommends statutory language that would make rehabilitative programming for probationers a mandatory component of …

Presumed Guilty Until Proven Innocent: California Penal Code Section 851.8 And The Injustice Of Imposing A Factual Innocence Standard On Arrested Persons, Natalie Lyons

Golden Gate University Law Review

The statutory remedy for removing an arrest from a person’s record places an undue burden upon a person who has never been found guilty of a crime. California Penal Code section 851.8 mandates that an arrested person prove her factual innocence before the arrest record may be sealed and destroyed.

This Comment examines the injustice of this section 851.8 requirement that an arrested person prove her innocence before the arrest record will be destroyed. Part I considers the probative value of an arrest record measured against its impact on the arrested person’s life, focusing on the disparate impact of arrests …

Location, Location, Location: Updating The Electronic Communications Privacy Act To Protect Geolocational Data, Alexandra D. Vesalga

Golden Gate University Law Review

This Comment is concerned with the Electronic Communications Privacy Act’s (ECPA’s) failure to consistently protect the geolocational data associated with electronic communications. ECPA was crafted in 1986 to protect electronic communications, a fledgling technology at the time. Today, ECPA remains largely unchanged and still controls the government’s right to access individuals’ electronic communications. Senator Leahy, who originally drafted ECPA, has called for reform of the Act, stating that “today, this law is significantly outdated and out-paced by rapid changes in technology.” Senator Leahy has proposed significant changes to the Act that would eliminate many of its outmoded standards and offer …

In Re The Marriage Of Ramirez: Sex, Lies, And California’S Annulment For Fraud Based On Fidelity, Timothy Follett

Golden Gate University Law Review

In California, a party may be able to obtain an annulment for fraud under In re Marriage of Ramirez. In Ramirez, the husband was carrying on relations with his wife’s sister prior to the marriage. The affair between the husband and sister continued after the marriage. Subsequently, Jorge (husband) was overheard stating to the sister that he loved her and “they would be together once he got his share of money and property from Lilia [the wife], and told her that he had only married Lilia to gain permanent residence status.” The trial court “held that this kind …

Revisiting Parents Involved V. Seattle School District: Race Consciousness And The Government-Speech Doctrine, Joseph O. Oluwole

Golden Gate University Law Review

Professor William M. Carter, Jr.’s trailblazing work, Affirmative Action As Government Speech, first examined the relationship between government speech and race-conscious measures. According to Professor Carter, the United States Supreme Court “has come to view race-conscious government action as a form of prohibited government speech.” This Article takes a different approach from that of Professor Carter; specifically, the Article reviews the majority, dissenting, and concurring opinions in the Parents Involved case for language indicating the Justices’ parameters for viewing voluntary race-conscious measures as government speech. This is important, given that Parents Involved is the landmark Supreme Court decision on …

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

No abstract provided.

Great White Shark Bycatch Reduction Problems In The California/Oregon Drift Gillnet Fishery, Andrew J. Graf

Golden Gate University Environmental Law Journal

Part I of this Comment explores the problems of great white shark bycatch by examining the white shark’s susceptibility to bycatch and the Fishery responsible for a significant portion of white shark bycatch. Part II discusses the federal statutes and regulations applicable to bycatch and the Fishery. Part III provides recommendations for reducing white shark bycatch in the future by modifying current federal statutes, amending existing regulations, and increasing research efforts.

Derailing Powder River Basin Coal Exports: Legal Mechanisms To Regulate Fugitive Coal Dust From Rail Transportation, Tovah R. Trimming

Golden Gate University Environmental Law Journal

Coal trains are known as “black snakes.” The name aptly describes the miles of uncovered rail cars bearing the black cargo as they slither along the tracks. During the journey from coal mines to their final destinations, coal trains shed plumes of coal dust from the tops of the train cars. As the dust spews from the rail cars, it fills the surrounding air with harmful substances like mercury, lead, cadmium, arsenic, manganese, beryllium, and chromium. When the dust settles, these substances are deposited in soil and water, harming plant, animal, and marine life. Environmental consequences from coal dust are …

A Feasible Alternative: The Legal Implications Of Aquaculture In The United States And The Promise Of Sustainable Urban Aquaculture Systems, Garrett Wheeler

Golden Gate University Environmental Law Journal

The world’s ocean fish stocks are in peril. A 2011 report issued by an international team of marine scientists found that the world’s marine species face threats “unprecedented in human history” with “loss of both large, long-lived and small fish species causing widespread impacts on marine ecosystems.” Nutrient runoff, introductions of non-native species, climate change, over fishing, and physical disturbance are all contributing to the oceans’ decline. Meanwhile, global per capita seafood consumption is at an all-time high, as the Earth’s growing population continues to enjoy healthy, protein-laden nourishment.

The resulting situation is a stark example of what ecologist Garrett …

Lawyers Write Treaties, Engineers Build Dikes, Gods Of Weather Ignore Both: Making Transboundary Waters Agreements Relevant, Flexible, And Resilient In A Time Of Global Climate Chanage, Glen Hearns, Richard Kyle Paisley

Golden Gate University Environmental Law Journal

This Article identifies and critically reviews the importance of adaptability and flexibility in treaties and institutional arrangements by providing resilience in the face of the anticipated impact of climate change on the good governance of international waters. Building greater resilience and adaptability into international waters agreements is essential to address the uncertainties in hydrological and ocean processes associated with climate change. There is also growing consensus that conflict over natural resources can be linked to extreme events and climate change, and this is receiving increased attention in foreign policy development. Surface water resources are especially vulnerable to the anticipated consequences …

Where Will All The Waste Go?: Utilizing Extended Producer Responsibility Framework Laws To Achieve Zero Waste, Anthony A. Austin

Golden Gate University Environmental Law Journal

The United States has a waste problem. It represents only five percent of the world population, yet it generates twenty-five to thirty percent of the world’s waste. In 2008, the United States generated 389.5 million tons of municipal solid waste (MSW). As our economy and population continue to grow, our waste will continue to grow as well. The obvious dilemma is that all of this waste, the byproduct of our economic advances, creates significant adverse environmental and public health effects when landfilled or incinerated.

This Article explores the use of extended producer responsibility (EPR) laws to achieve the ultimate waste …

In The Edition, Vadim Sidelnikov, Dawn Withers

Golden Gate University Environmental Law Journal

No abstract provided.

Table Of Contents

Golden Gate University Environmental Law Journal

No abstract provided.

Masthead

Golden Gate University Environmental Law Journal

No abstract provided.

Thirty Minutes Or Less: The Inelasticity Of Commuting, John Andrew Brunner-Brown

Golden Gate University Law Review

This Comment urges the legislature to manipulate travel time in order to reduce GHGE (greenhouse gas emissions). Specifically, the legislature must incentivize mass transit by creating easier, quicker transit systems while simultaneously disincentivizing personal automobiles by increasing automobile travel time. By manipulating the travel time for various modes of travel, the legislature can effectively reduce GHGE while increasing individuals’ quality of life by creating an infrastructure that costs less and provides transportation systems not dependent on the automobile.

This Comment explains why the Sustainable Communities Act will fail to significantly reduce vehicle emissions, and this Comment proposes legislative action to …

The Inability Of Intellectual Property To Protect The New Fashion Designer: Why The Id3pa Should Be Adopted, Jessica Rosen

Golden Gate University Law Review

This Comment argues that Congress should adopt legislation that affords copyright protection to new fashion designers. The present state of the intellectual property regime leaves a new designer without any legal protection against blatant copying and can easily result in the designer’s business demise. Part I of this Comment provides a brief background of copyright law, as well as other doctrines of intellectual property law, and the limited protection these doctrines provide for fashion designs. Part I also explains how the limited protections afforded to fashion designs vis-à-vis intellectual property law are rarely, if ever, applicable to the new designer. …