Law Commons^™

How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato

Golden Gate University Law Review

This article will discuss the development of the laws concerning children with incarcerated parents. Ultimately, the goal is to encourage states like California to (1) expand the law regarding reasonable efforts even further, (2) encourage California prisons to take into consideration exceptions for children and incarcerated parents in implementing prison policies, and (3) provide other states with a model for proposing new laws that can be put into practice. The background of this article will explain the federal implementation of The Adoption and Safe Families Act (ASFA) and the necessary changes California made to state law after the enactment of …

Default License Revocation In California Administrative Law, Jacob Reinhardt

Golden Gate University Law Review

This article will examine default license revocation in California and the extremely difficult process for overturning such a determination. In Part I, the article will provide background information regarding the principles of notice and default. Part II will continue with a chronological examination of the administrative set aside process, noting recommendations for improvements that can be made at each stage. Part II will be divided into three sections: A) the timelines and service procedures used in license disciplinary actions; B) how administrative set aside requests are decided at the agency level; and C) judicial review of the agency’s decision. Finally, …

Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements, Sara F. Dudley

Golden Gate University Law Review

This Comment argues that campuses should, in the course of their Title IX proceedings, ensure that anyone who takes a potentially admissible statement from a survivor has received trauma-informed interview training. Trauma-informed interviewing acknowledges the physiological effect of trauma on survivors, the impact that it can have on their ability to recall facts and details, and the limits and possibilities of obtaining information from such witnesses. In addition, campuses should limit the number of individuals who take statements from survivors and record the victim’s statements. These improvements will create statements of higher evidentiary quality. It will also mitigate the emotional …

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Preface, Courtney Brown, Rosalyn Jamili

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

Masthead and front matter.

Election Guide California 2016, California Secretary Of State

California Agencies

Table of Contents:
General Information
Nomination Requirements
Candidate Filing Information
Candidate Checklist
Pesidential Primary Election Calendar
Electors and the Electoral College
Independent Candidates
Political Party Information
Offices and Subdivisions
Calendars

Master Gardeners, Kathleen Morris

Publications

In legal education, we tend to focus first and foremost on producing graduates who can effectively serve and thrive in the private for-profit, non-profit, and federal government economies. There are pressing reasons to maintain these priorities. And yet, assuming legal educators come to believe -- as Schragger has (and I have) -- that cities belong "at the center of economic and constitutional thinking," it stands to reason that law schools should find a way to place cities among the subjects at the center of legal educational thinking. Now is the time to consider how law schools can help raise up …

Fourth Annual Veterans Conference: Reintegration And Homecoming: Welcoming Warriors And Saluting Service, Renato Izquieta, Michael Blecker

Veterans Law Conference

No abstract provided.

15th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher

Intellectual Property Law

Program booklet for the 15th Annual Recent Developments in IP Law and Policy Conference at Golden Gate University School of Law.

Program:

Registration/Check-in 8:30 – 9:00 2nd floor lobby

Welcoming Remarks 9:00 – 9:15 - Director William Gallagher - University President David Fike

Patent Law Year in Review 9:15 – 10:15 - Justin Beck (Beck, Bismonte & Finley LLP) - Brian Mitchell (Mitchell & Company)

Morning Break 10:15 – 10:30

Trademark Law 10:30 – 11:30 Thomas Harvey (Coblentz, Patch, Duffy and Bass, LLP)

Privacy Law 11:30 – 12:30 Adam Sand (Shopkick.com)

Lunch 12:30 – 1:45 Pick up lunch in …

Police Highspeed Pursuits: Giving Police The Authority To Intervene Before The Public Is Harmed, Kevin Ballard

GGU Law Review Blog

Police Pursuits. The idea brings to mind thoughts of bank robbers fleeing from the police after committing a daring heist, only to be pursued by inept cops that wind up crashing into each other as the robbers drive away in perfect Hollywood fashion. However, police pursuits are rarely as glamorous and thrilling. In reality, they are terrifying and dangerous. In fact, according to the National Highway Traffic Safety Administration (NHTSA) more than 5,000 bystanders or passengers have been killed in police pursuits since 1979.

A Long Journey To Secure Permanent Overtime Rights For California Domestic Workers, Hina B. Shah

GGU Law Review Blog

Domestic workers are crucial part of the economic and social fabric of our country. However, isolated and hidden behind closed doors and mostly unprotected under the law, domestic workers face harsh working conditions.

The Ip Law Book Review, Vol. 7#1, October 2016, William T. Gallagher

Intellectual Property Law

FROM MAIMONIDES TO MICROSOFT: THE JEWISH LAW OF COPYRIGHT SINCE THE BIRTH OF PRINT, by Neil Weinstock Netanel. Reviewed by Roberta Rosenthal Kwall, Raymond P. Niro Professor, DePaul University College of Law.

THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY: A COMMENTARY, by Sam Ricketson. Reviewed by Jose Bellido, University of Kent.

Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman

Publications

This paper views civil litigation initiated by a party seeking money damages through the lens of the underlying economics that impact the civil justice system's ability to achieve fair outcomes. It examines how access to capital has impacted the functioning of civil justice in the United States.

End The Death Penalty, Rachel A. Van Cleave

Publications

No abstract provided.

Celebrities, Art, And The Law: When Celebrities Get What They Want And When They Don’T, Cara Alsterberg

GGU Law Review Blog

No abstract provided.

Golden Gate University School Of Law Celebrates Permanent Overtime Rights For California Domestic Workers, Golden Gate University School Of Law

Press Releases

Governor Edmund G. Brown, Jr. yesterday signed SB 1015, a bill making overtime rights permanent for more than 300,000 nannies and caregivers for seniors and people with disabilities. Golden Gate University School of Law’s Women’s Employment Rights Clinic (WERC) has served as legal counsel to the California Domestic Workers Coalition since 2010 in the Coalition’s effort to extend basic wage and hour protections to domestic workers.

Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune

Annual Survey of International & Comparative Law

The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.

Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung

Annual Survey of International & Comparative Law

It is no hyperbole to say that climate change is one of the most urgent crises all humans face together. Among the many ways that governments have attempted to curb carbon emissions, border tax adjustments (BTAs) have majorly aimed to restore the competitiveness of developed countries with more stringent carbon control policies. This article carefully examines the proposal under the tests of international environmental laws to evaluate the implications of BTAs in international legal system. The article argues that the imposition of BTAs will be inconsistent with set principles of the common but differentiated responsibility (CBDR), sustainable development and polluter …

Pension Trust Investment In Nigeria – Celebrating The Sea Change Wrought By The Pension Reform Act, Larry O.C. Chukwu

Annual Survey of International & Comparative Law

This work surveys the modalities for pension trust investment in Nigeria, which has only recently been favoured with a distinct legal framework. It gives a brief historical account of pension administration in Nigeria, identifies the policy and philosophical underpinnings of the new pension regime, expounds the relevant provisions of the Pension Reform Act 2014 together with the Regulation on Investment of Pension Fund Assets, and concludes with a critique of the Act and recommendations. Pertinent comparison is made between the provisions of the new legislation and extant Trustee Investments Act (which hitherto governed pension trust investments) with a view to …

Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz

Annual Survey of International & Comparative Law

This paper illustrates the current protection of Geographical Indications (GIs) in TRIPS, the arguments of the parties for and against the high level protection extension and the state of negotiations, with a focus on the European Union (EU) and the U.S. as major advocates for each side of the discussion. The paper examines the prospects of a potential agreement in the extension debate within the WTO and looks at the influence of free trade agreements on the GI extension issue.

Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator

Annual Survey of International & Comparative Law

Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public …

Hybrid Legal Approaches Towards Climate Change: Concepts, Mechanisms And Implementation, Cosmin Corendea

Annual Survey of International & Comparative Law

No abstract provided.

The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah

Annual Survey of International & Comparative Law

This paper sets out to address the following question: to what extent has international law effectively curtailed the practice of torture in a democratic society within the context of the ‘war against terror’? This paper will first provide an overview of the current regime of international law prohibiting torture. Next, this paper will discuss the absolute ban on torture and violations that have occurred in the name of the ‘war against terror.’ This paper will then address the consequences of the use of torture as a counterterrorism measure. Finally, this paper will critically analyze the effectiveness of international law on …

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.

The Damming Of Nature: How China Is Expanding Its Dam Infrastructure And Potential Negative Downstream Effects On Fisheries Of The Yaluzangbu-Brahmaputra River, Stephanie M. Smith

Golden Gate University Environmental Law Journal

In light of the critical need to shift from fossil fuels as the primary source of energy, China continues to plan expansive hydropower generation projects on the Yaluzangbu-Brahmaputra River, one of the few remaining clean and biologically diverse river basin ecosystems in China. In March 2011, the Chinese National People’s Congress approved the Twelfth Five-Year Plan (Plan) for national development with specific themes and targets within the economic and social arenas. The Plan has a specific focus on “higher quality growth,” which is defined in the Plan as addressing the issues of renewable energy and sustainability. Specifically, the Plan addresses …

Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler

Golden Gate University Environmental Law Journal

California groundwater is an invaluable drought reserve for agricultural farmers. With historically dry conditions affecting the annual water supply, precious groundwater has become one of the last water resources available to growers in the Central Valley. The devastating drought effects have necessitated the use of groundwater to help offset the surface water deprivation, and the increase in groundwater usage has become a source of growing conflict among water users and environmentalists across the state.

In 2014, the California Legislature introduced the Sustainable Groundwater Management Act (SGMA), opening the door to a new era of water management and new challenges for …

Conflicting Theories At Play: Chemical Disclosure And Trade Secrets In The New Federal Fracking Regulation, Melanie Mccormick

Golden Gate University Environmental Law Journal

Currently, there is no federal law regulating fracking. Instead, fracking is only regulated under state law. Public disclosure requirements vary widely from state-to-state. Some states have no disclosure requirements at all. Of the states that do, most have included trade secret exception provisions allowing oil and gas companies to refuse to disclose the chemicals they use in fracking. More importantly, very few state laws that have trade secret exceptions also require that the company provide any substantiation that the trade secret is legitimate. Without some kind of uniform factual substantiation requirement, what is to keep oil and gas companies from …