Law Commons^™

Rotten To The Core: Project Capture And The Failure Of Judicial Reform In Mongolia, Brent T. White

Publications

Despite claims by international donor agencies that judicial reform efforts in Mongolia have been great success, this Article argue that Mongolian courts continue to grossly lack integrity, transparency, and accountability-and are perceived by the Mongolian public as more corrupt today than when donor-funded judicial reform efforts began almost a decade ago. This Article further argues that the failure of judicial reform in Mongolia stems in significant part from the "capture" of donor-funded judicial reform efforts by elites within the Mongolian judicial sector. It concludes that the inherent tendency for project capture in the "institution-building" approach to judicial reform that international …

Commencement Program, 2009

Commencement

No abstract provided.

Golden Gate University School Of Law Appoints New Dean

Press Releases

No abstract provided.

Marriage, Money, Notice, And Presumptions, Roger Bernhardt

Publications

This article functions as an intellectual checklist for navigating community property issues in divorce cases where title to the family home has been taken in only one spouse’s name. The discussion includes potential claims, constructive and inquiry notice, and the evidence code presumption.

The 2009 Delta And Water Legislation - Legislative History, Assembly Committee On Water, Parks And Wildlife

California Assembly

Since 2005, when Fish and Game reported to this Committee on the steep decline in both the Delta fishery and the food web on which it depends, we have been taking steps to consider how to respond to this Delta ecosystem crisis. We passed legislation on Delta funding, levees, and emergency preparation. Important to today's hearing, we passed a bill requiring the Administration to recommend a strategic, long-term vision for the Delta, by the beginning of this year.

The Administration created a Blue-Ribbon Task Force led by former Assemblyman Phil Isenberg and offered its recommendations, based largely on the Task …

The Careers Project: An Economic Analysis Of Ten Industry Clusters In California, California Research Bureau

California Agencies

The Careers Project is a study of the preparation all students in public middle and high schools receive to explore career options and the relationship between that preparation and California's state and regional economies. The California Research Bureau (CRB) undertook this research at the request of a bipartisan group of members of the California Legislature, with funding support from the James Irvine Foundation.

Many Alumni Attend Dean’S Breakfast For First-Year Law Students

Press Releases

No abstract provided.

Golden Gate University Constitutional And Civil Rights Law Professors Sign Proposition 8 Amicus Brief

Press Releases

No abstract provided.

Book Launch And Book Signing Event For Professor Okeke, Golden Gate University School Of Law

Articles About Faculty

CELEBRATING A LIFE OF ACHIEVEMENT WITH THE RELEASE OF A BOOK IN HIS HONOR: Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke

Noted Copyright Lawyer William F. Patry Decries Overprotection Of Copyright, Brochure

Intellectual Property Law

News release: "

In late January, William F. Patry, senior copyright counsel for Google, Inc., delivered the inaugural Distinguished Speaker Series sponsored by the Golden Gate University Intellectual Property Law Center. In an impassioned and entertaining talk titled “When is Too Much Enough? The Humpty Dumpty State of Copyright,” Patry argued that the expansion of copyright in recent years unduly rewards copyright owners—“granting them astonishingly broad rights they really don’t deserve”—while suppressing new business models and technologies."

Recent Developments In Ip Law, October 16, 2009, Brochure

Intellectual Property Law

Event brochure: "The Golden Gate University School of Law’s newly-established IP Law Center invites you to participate in the 8th Annual Conference on Recent Developments in IP Law."

Pursuing Environmental Justice: Obstacles And Opportunities - Lessons From The Field, Helen H. Kang

Publications

This article argues that the clinic‘s clients and similarly situated grassroots groups pursue litigation because the laws do not adequately protect them from pollution at the neighborhood level. Environmental lawsuits filed by such groups result from the conclusion that there is "too much" pollution in the neighborhood—there is elevated background pollution, violations of environmental laws contribute to excess pollution, and litigation is one of the few ways to redress the distributive injustice resulting from pollution created by multiple sources.

Why Ceqa Exemption Decisions Need Additional Notice Requirements, Deborah N. Behles

Publications

This article will initially describe CEQA, its exemptions, and the lack of notice requirements for exemption decisions. Next, this article will set forth the reasons why additional notice provisions are necessary to protect communities from agencies erroneously exempting projects that adversely impact the environment from environmental review. Lastly, this article will propose guidelines for projects that should require additional notice, explain how to implement them, and outline the information the notice should contain.

Resolutions Of Necessity In Eminent Domain: City Of Stockton V Marina Towers. 2009, Roger Bernhardt

Publications

This article discusses a California eminent domain case warning local government agencies that the courts will give serious judicial review to the claim of “public use” asserted as justification for the taking.

Selective Ban Of Street Signs Metro Lights, Llc V City Of Los Angeles (9th Cir 2009), Roger Bernhardt

Publications

This article discusses a Ninth Circuit case involving commercial speech and asks whether selective protection can be challenged under the Fifth Amendment.

The Last Bar Examination (2009), Roger Bernhardt

Publications

This article criticizes the 2009 California Bar Exam Property question for its irrelevance to modern practice.

Title Insurance And Fraudulent Loans: First Am. Title Ins. Co. V Xwarehouse Lending, 2009, Roger Bernhardt

Publications

Victim of fraudulently made loans not protected by title insurance issued to purported originating lender.

Unavoidable Difficulties In Drafting Easements, Roger Bernhardt

Publications

This article discusses the use of the words “exclusive” in easements through, with advice to transactionalists as to prudent drafting and to litigators as to arguments to make for dominant and servient estate holders.

What Have Women Got To Do With Peace?: A Gender Analysis Of The Laws Of War And Peacemaking, Benedetta Faedi Duramy

Publications

This article proposes an engaged analysis of the impact that armed conflicts have on women and the diverse roles that women might conceivably play in peacemaking. Recalling the original theories of international law, the article recounts how historical chronicles and modern Western authors have depicted women in wartime. Primarily portrayed as victims of brutalization and sexual violence, women have been confined to the private realm and, thus, excluded from the decision-making processes of war and peace. This research argues that the same exclusion has been reflected in the international law instruments that have reinforced the paradigm of women as mainstays …

Learning From Bogota: An Introduction To The Study Space Articles, Colin Crawford

Publications

STUDY SPACE SYMPOSIUM ARTICLES: Learning from Bogota: An Introduction to the Study Space Articles.

The Study Space project of which this volume is the second iteration strives to create a forum to focus on the positive and negative effects of human activity as it changes physical and built environments-in the broadest sense of the term "environment," or what the Study. Space subtitle characterizes as the "human habits and habitats in, the 21st century." This volume endeavors to provide some such explorations and reflections for Bogota.

Our Bandit Future - Cities, Shantytowns, And Climate Change Governance, Colin Crawford

Publications

This Article seeks, to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if we fail to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face, as a Rio de Janeiro taxi driver said to me during the hot, dry, violent winter of 2006 in that city, 13 "urn futuro bandido," literally "a bandit future." That is, we face a future where cities, the places where most of the world's population lives, will experience …

Response To Professor Mcallister's Reply To My Review Of Making Law Matter, Colin Crawford

Publications

No abstract provided.

Defending Public Prosecutors And Defining Brazil's Environmental Public Interest: A Review Of Lesley Mcallister's Making Law Matter: Environmental Protection And Legal Institutions In Brazil, Colin Crawford

Publications

No abstract provided.

Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White

Publications

No abstract provided.

Golden Gate Lawyer, Fall/Winter 2009-2010

Golden Gate Lawyer

No abstract provided.

The Road To Reason: Arizona V. Gant And The Search Incident To Arrest Doctrine, Myron Moskovitz

Publications

No abstract provided.

What Is A "Law And Society" Approach To Intellectual Property?, William T. Gallagher

Publications

No abstract provided.

The New Race: Speeding Up Climate Change Innovation, Deborah N. Behles

Publications

This article will initially summarize the current climate change regulatory environment and the need for innovation. It will then discuss why current intellectual property policies fail to encourage innovation to the extent needed. Finally, this article will examine various proposals for improving our intellectual property system in the area of climate change and recommend initial steps the U.S. could take to encourage the development and disclosure of climate change innovations by balancing economic incentives for innovation with the need to quickly reduce greenhouse gas emissions.

Rape, Blue Jeans, And Judicial Developments In Italy, Benedetta Faedi Duramy

Publications

On June 10, 2008, the Supreme Court of Italy (Corte di Cassazione) affirmed a decision made by the Court of Appeal of Venezia condemning a defendant to one year of imprisonment for having repeatedly sexually assaulted a sixteen-year-old girl. The appellant, who was in a relationship with the mother of the victim and cohabited with them at the time of the aggression, argued that the girl had slanderously misrepresented the facts. Particularly, the defendant claimed that since the plaintiff was wearing a pair of tight blue jeans at the time of the alleged episode of sexual violence, it is not …

Karen Lee Hawkins: Untaxed Creativity, Rachel A. Van Cleave

Publications

No abstract provided.