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Golden Gate University School of Law

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2019

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Articles 1 - 30 of 99

Full-Text Articles in Law

Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law Dec 2019

Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

December 13, 2019 letter to EPA providing additional comments on the Fourth Five Year Review and related documents which must analyze whether the cleanup is protective of human health and the environment: the Navy’s risk assessment should consider consumption of produce grown on the former shipyard; the Navy must provide rationale for the remedial goal used for radium-223; the retesting must use adequate sensitivity to detect radioactivity far below the current remedial goals which are not protective, and; the Navy continues to make unfounded assertions about the protectiveness of the remedy. (6 pages)


The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz Dec 2019

The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

Publications

The theoretical promise of blockchain technology is truly extraordinary: a peer-to-peer distributed immutable ledger that could revolutionize economies, societies, and even our daily lives. But what if blockchain technology is not as decentralized as people think? What are the ramifications if, in reality, a blockchain’s core decisions are actually influenced by small groups of people or corporations?

This short article seeks to answer that question, by demonstrating that decentralized public blockchains are only as immutable as the decentralization of their governance. Moreover, the announcement of Libra, Facebook’s new permissioned blockchain, shows a growing trend of centralized control around decentralized technologies. …


Assembly Committee On Accountability And Administrative Review, Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review Dec 2019

Assembly Committee On Accountability And Administrative Review, Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review

California Assembly

No abstract provided.


Assembly Committee On Education, 2019 Legislative Summary, Assembly Committee On Education Dec 2019

Assembly Committee On Education, 2019 Legislative Summary, Assembly Committee On Education

California Assembly

No abstract provided.


Assembly Committee On Elections And Redistricting, 2019 Legislative Summary, Assembly Committee On Elections And Redistricting Dec 2019

Assembly Committee On Elections And Redistricting, 2019 Legislative Summary, Assembly Committee On Elections And Redistricting

California Assembly

No abstract provided.


Assembly Committee On Revenue And Taxation, Revenue And Taxation Legislative Summary 2019, Assembly Committee On Revenue And Taxation Dec 2019

Assembly Committee On Revenue And Taxation, Revenue And Taxation Legislative Summary 2019, Assembly Committee On Revenue And Taxation

California Assembly

No abstract provided.


Assembly Committee On Accountability And Administrative Review Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review Dec 2019

Assembly Committee On Accountability And Administrative Review Mid-Session 2019 Legislative Summary, Assembly Committee On Accountability And Administrative Review

California Assembly

No abstract provided.


America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr. Nov 2019

America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr.

GGU Law Review Blog

In recent years, the Executive Office of the United States has engaged in a series of unprecedented moves, making it extremely difficult for immigrants to apply for asylum. The directives from President Donald Trump serve to discourage immigrants from attempting to make the trip across the United States-Mexico border. For others, the directives serve as a stern warning.


The Dodge Brothers’ Monster: A Legal Analysis Of The Effect Of Fiduciary Duty On Dual Voting Structures, Jer'ron J.L. Dinwiddie Ii Nov 2019

The Dodge Brothers’ Monster: A Legal Analysis Of The Effect Of Fiduciary Duty On Dual Voting Structures, Jer'ron J.L. Dinwiddie Ii

Student Publications

The purpose of this research paper is to determine the legal obligations that a shareholder with majority voting rights would have in a dual-voting structure. The focus on the paper is on breaking down the fiduciary duty analysis for its application to dual-voting structures, which currently stands as the shareholder with majority voting rights have no duty to other shareholders.

The paper details the evolution of the common law and the social responses to the use of these structures. Then, the paper measure the application fiduciary duty would have on a dual-voting structure using WeWork as a case study. On …


Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law Nov 2019

Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

November 7, 2019 letter to the Navy commenting on its Draft Addendum to the Five Year Review (evaluating radiological remedial goals for buildings), noting that the Navy’s process for calculating risk was inconsistent with EPA guidance in numerous instances, and resulted in underestimating risk to human health and the environment. Even so, the resulting risk was outside what EPA considers protective. (14 pages)


Assembly Local Government Committee, 2019 Legislative Summary, Assembly Local Government Committee Nov 2019

Assembly Local Government Committee, 2019 Legislative Summary, Assembly Local Government Committee

California Assembly

No abstract provided.


Assembly Committee On The Judiciary 2019 Bill Summary, Assembly Committee On The Judiciary Nov 2019

Assembly Committee On The Judiciary 2019 Bill Summary, Assembly Committee On The Judiciary

California Assembly

No abstract provided.


Ggu Law’S 7th Annual Veterans Law Conference Tackles Military Assault And The #Metoo Movement, Golden Gate University School Of Law Nov 2019

Ggu Law’S 7th Annual Veterans Law Conference Tackles Military Assault And The #Metoo Movement, Golden Gate University School Of Law

Press Releases

On November 1, 2019, Golden Gate University School of Law (GGU Law) will host its 7th Annual Veterans Law Conference with the focus on military sexual assault through the lens of the #MeToo movement. The goal of the conference is to highlight the problem of military sexual violence in order to help craft better preventative solutions.


18th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law Oct 2019

18th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law

Intellectual Property Law

Welcome to the 18th Annual Conference on Recent Developments in Intellectual Property Law and Policy, presented by the Center for Intellectual Property and Privacy Law (CIPPL) of Golden Gate University School of Law. This annual tradition, begun in late September 2001, was one of the first events developed as part of the foundation of our new IP Law Program. Over the years we have hosted presentations by leading thinkers in the area of IP Law, including Professor & former Senior Advisor to the Obama Administration Justin Hughes, New Yorker writer Ken Auletta, Professor Dan Burk, Professor Susan Scafidi of the …


Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind Oct 2019

Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind

GGU Law Review Blog

Senate Bill 1437 (“S.B. 1437”), effective January 1, 2019, substantially changed the law relating to accomplice liability under the felony murder rule (the “FMR”) and the doctrine of natural and probable consequences. State prosecutors have challenged S.B. 1437 as an unconstitutional amendment of Propositions 7 and 115, and as a violation of the separation of powers. Polarized rulings from the state’s trial courts suggest a dispositive California Supreme Court decision is forthcoming to address the divide. Social policy considerations weigh heavily on the controversial issues engendered by this bill and will likely influence adjudication of the legislature’s authority to …


Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law Oct 2019

Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

October 14, 2019 letter to Angeles Herrera, EPA Region 9, Assistant Director, Superfund Division, Federal Facilities and Site Cleanup Branch, commenting that the Navy's protectiveness determinations are inconsistent with EPA's guidance and unsupported by the facts. (32 pages)


Fair Pay To Play Act: End Of Amateurism?, Isabella Borges Oct 2019

Fair Pay To Play Act: End Of Amateurism?, Isabella Borges

GGU Law Review Blog

The NCAA has seen its fair share of controversy concerning player compensation, whether it be through lawsuits such as the O’Bannon case, former NCAA athletes complaining of hunger during their time in college, or even NBA star LeBron James’s documentary “Student Athlete.” However, no extreme policy changes have emerged from the endless scrutiny of the NCAA’s rules of prohibiting its student-athletes from receiving compensation from the use of their names, images, and likeness, among other things. The NCAA argues compensation would capsize amateurism by turning student-athletes into professionals, putting an end to amateurism in the NCAA all …


The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi Oct 2019

The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi

GGU Law Review Blog

The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020. On the surface, the purpose of the CCPA is to give consumers “rights” to control how businesses monetize their personal information. However, the extent of those “rights” is somewhat vague in the language of the statute.


An Aquifer Betrayed: The Monterey Desalinization Project At Odds With California Water Law, Paul Stanton Kibel Oct 2019

An Aquifer Betrayed: The Monterey Desalinization Project At Odds With California Water Law, Paul Stanton Kibel

Publications

The California American Water Company's Monterey Peninsula Water Supply Project (Cal-Am Project) is a proposed desalinization facility in Monterey County that was approved by the California Public Utilities Commission (CPUC) in September 2018. The Cal- Am Project would treat water pumped from inland coastal groundwater aquifers-the Dune Sand Aquifer and the 180-Foot Aquifer-rather than water pumped directly from the ocean. The Cal-Am Project's pumping of these coastal aquifers is expected to result in increased seawater intrusion in groundwater.

The Marina Coast Water District and the City of Marina filed petitions with the California Supreme Court alleging violations of the California …


New Golden Gate University Professors Will Bolster Law School's Work, Golden Gate University School Of Law Sep 2019

New Golden Gate University Professors Will Bolster Law School's Work, Golden Gate University School Of Law

Press Releases

Golden Gate University School of Law has added three new faculty members who will strengthen the school's offerings in several key areas. The trio join the school from UCLA , Stanford, and the U.S. Department of Justice. The new professors— Jyoti Nanda , Spencer Williams , and Robert Mullaney —join 32 other full-time faculty at the school.


Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law Sep 2019

Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

September 6, 2019 letter to Derek J. Robinson, Navy BRAC Environmental Coordinator, providing comments from Greenaction regarding Navy' s Draft Addendum to Five-Year Review (Evaluation of Radiological Remedial Goals for Soil, Hunters Point Naval Shipyard). (25 pages)


Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave Sep 2019

Sudden, Forced, And Unwanted Kisses In The #Metoo Era: Why A Kiss Is Not “Just A Kiss” Under Italian Sexual Violence Law, Rachel A. Van Cleave

Publications

#MeToo reports have revealed a significant number of forced kisses typically by men in positions of authority. Previous scholarship in the US has viewed such instances as to rare or too minor to be worthy of criminal sanctions. Indeed, there are no such reported criminal cases involving adults. However, in Italy, the Supreme Court of Cassazione has upheld sexual violence convictions for such forced kisses. This article analyzes these cases and investigates the types of considerations the Italian Supreme Court includes in its evaluation of these situations. This article also suggests specific aspects of US laws that could benefit from …


The Construction And Criminalization Of Disability In School Incarceration, Jyoti Nanda Sep 2019

The Construction And Criminalization Of Disability In School Incarceration, Jyoti Nanda

Publications

This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized condition that is treated as warranting punishment and segregated classrooms, possibly leading to juvenile justice system involvement. Providing a review of the K-12 disability legal regimes, this Article maps how the process of identifying a student with a disability happens in a hypercriminalized school setting. The Article argues …


Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law Aug 2019

Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

August 22, 2019 response from the Navy to Greenaction’s June 28 letter pointing to various inadequacies in the Navy’s review of protectiveness in the remedial design for the cleanup at the Shipyard. (2 pages)


California Department Of Public Health: Petition Cdph Response, Golden Gate University School Of Law Jul 2019

California Department Of Public Health: Petition Cdph Response, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 31, 2019 letter from Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, responding to Greenaction’s July 23 inquiry, noting that CDPH is tracking the NRC and other proceedings related to Tetra Tech’s fraud, and that Tetra Tech's last radiological work in California pre-dated Greenaction’s challenge.


California Department Of Public Health: Petition Request For Action On Petition, Golden Gate University School Of Law Jul 2019

California Department Of Public Health: Petition Request For Action On Petition, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 23, 2019 letter to Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, asking for a response or action related to Greenaction’s petition to revoke Tetra Tech’s California Radiological Materials License.


Developing Career Paths In Legal Academia: Prospects And Challenges, Christian N. Okeke Jul 2019

Developing Career Paths In Legal Academia: Prospects And Challenges, Christian N. Okeke

Publications

Presentation given at the Academic & Career Advancement Symposium (ACAS) 2019 Held at the Faculty of Law, Enugu State University of Science & Technology, Friday, 5 July 2019.


The Exhibit, The Litigation Center Newsletter - Summer 2019, Golden Gate University School Of Law Jul 2019

The Exhibit, The Litigation Center Newsletter - Summer 2019, Golden Gate University School Of Law

Litigation Center at Golden Gate University School of Law

No abstract provided.


Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law Jun 2019

Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

June 28, 2019 letter to Laura Duchnack, BRAC PMO, requesting meaningful public participation and challenging the use of RESRAD. (18 pages)


Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law Jun 2019

Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Bert Bowers in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.