Law Commons^™

Front Matter

Golden Gate University Law Review

No abstract provided.

Contracts As Systems, Spencer Williams

Publications

A contract is much more complex than its individual terms would suggest. Yet contract scholars have traditionally taken a reductionist approach to the study of contracts. According to "contractual reductionism," a contract can be understood through each of its constituent terms. Recent scholarship, however, has begun to challenge contractual reductionism's term-by-term view of contracts. Building on this work, this Article provides the first application of complex systems theory to contracts, arguing that a contract is a complex system that is greater than the sum of its terms. A complex system is composed of many components that interact in a nontrivial …

A Human Face To Instream Flow: Indigenous Right To Water For Salmon And Fisheries, Paul Stanton Kibel

Publications

In the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on indigenous human rights laws as a basis to keep water instream to maintain salmon and fisheries. This includes reliance on sources of international law such as the International Convention on Civil and Political Rights, the United Nations Declaration on the Rights of Indigenous Peoples, the International …

Know Every Document And Piece Of Evidence In Your File, Rachel Brockl

Publications

Knowing every document and piece of evidence in your case file is imperative to competent preparation of your case. While this may sound obvious, many attorneys fail to follow this advisement to their own peril. The reasons for knowing your case file in and out are threefold: (1) you want to be the case master, (2) you do not want to be caught off-guard, and (3) your reputation is on the line.

How To Regulate Blockchain’S Real-Life Applications: Lessons From The California Blockchain Working Group, Michele Benedetto Neitz

Publications

How should legislators write a law regulating a brand-new technology that they may not yet fully understand? With the advent of blockchain and other advanced computational technologies, this generation of legislators faces more complex questions than their predecessors. Drawing on the author’s experience as a member of California’s Blockchain Work-ing Group, this Article offers guidance to lawmakers, lawyers, and industry leaders seek-ing to draft effective laws regulating real-life applications of blockchain technology. This cutting-edge Article will do two things for its readers: (1) encourage them to be informed participants in conversations relating to federal and state blockchain regulation, and (2) …

Rage Of Innocence: A Book Talk With Professor Kristin Henning, Golden Gate University School Of Law

GGU Race and Justice Task Force

Event is October 1, 2021. Register here.

Golden Gate University School of Law and the Pacific Juvenile Defender Center (PJDC) are very pleased to host Professor Kristin Henning and her new book: Rage of Innocence: How America Criminalizes Black Youth. This talk will be moderated by GGU Law Professor Jyoti Nanda with introductions from PJDC President Patricia Soung.

Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with …

The Adoption Of A Harmonized Tax System And Tax Policy For Asean Tax Administration, Rady Lim

Theses and Dissertations

The purpose of this study will seek adoption of the Harmonized Tax System (HTS) and Tax Policy for ASEAN Tax Administration to reduce a tax burden to benefit taxpayers to promote a Consolidated Strategic Action Plan (CSAP) 2025 and beyond to accelerate AEC navigation. Therefore, the study of HTS has become interesting in the context of driven legal framework of existing tax cooperation to achieve its goal. However, a policy formation of rules-based ASEAN tax system has not been adopted due to a lack of trustworthiness, confidence, and unity dealing with tax consequences to set a harmonized tax policy system …

Reimagining Criminal Justice: The Disparate Impact Ofthe 'Castle' Doctrine, Carmen Wierenga

Reimagining Criminal Justice

On October 12, a mobile phone video showed a Black man being followed and harassed by a white man in Las Vegas. As the Black man is walking away, a voice on the recording says “why can’t you handle it like a … man?” The white man then throws a punch, and the Black man turns and shoots the white man. The white man survived, according to the sparse news coverage I found online. As of October 12, the shooter had not been found. The video spurred discussion, though: would the Black shooter succeed on a stand-your-ground claim? The answer …

Reimagining Criminal Justice: A New System Is Required For Police Accountability, Thomas Johnson

Reimagining Criminal Justice

In 1997 Daniel Mendoza was shot by an off-duty Las Vegas Metro police offcer. The offcer who pulled the trigger had been drinking heavily and wanted to “harass dopers and bangers.” The offcer in question fired into a group of people from the passenger side of a vehicle. This offcer was tried and convicted, which sounds like a success.

However, when an offcer is not stopped before killing a citizen without regard to whether there was a suspected crime, it highlights a problem of accountability.

Report Of Inquiry (S8918p) Independent Racial Disparity Review, Inspector General Department Of The Air Force

Federal Documents

The Secretary of the Air Force (SecAF), Chief of Staff of the Air Force (CSAF), and Chief of Space Operations (CSO) directed the Department of the Air Force Inspector General (DAF IG) to assess racial disparity in military discipline processes and personnel development and career opportunity as they pertain to black Airmen and Space Professionals. For purposes of this review, “racial disparity” refers to a noted data difference between races. Specifically, this Review defines racial disparity as existing when the proportion of a racial/ethnic group within a subset of the population is different from the proportion of such groups in …

Assembly Committee On Elections And Redistricting, 2020 Legislative Summary, Assembly Committee On Elections And Redistricting

California Assembly

No abstract provided.

Assembly Committee On Public Employment And Retirement, 2019-2020 Summary Of Legislation, Assembly Committee On Public Employment And Retirement

California Assembly

No abstract provided.

Assembly Committee On Transportation, Summary Of Legislation 2019-2020, Assembly Committee On Transportation

California Assembly

No abstract provided.

Reimagining Criminal Justice: Black And Brown Youthin Gang Database Are Guilty Until Proven Innocent, Irish Tapia

Reimagining Criminal Justice

Young men of color growing up across this nation face a hurdle most of us will never have to imagine. If a student of color is not diverted to the criminal justice system, suspended or expelled, they might nonetheless be labeled and marked as having gang affliations, based solely on the discretion of local law enforcement.This ‘identity’ has significant long-term consequences. The “shared gang database” is real. Individuals named in the database do not have to agree to be listed, and they also do not have control over getting off it. A young man of color in a public school, …

California Is On Fire – Firefighters And Prisoners To The Rescue, Cathryn Howell

GGU Law Review Blog

California is burning at a record high rate and has seen unprecedented damage due to the increase of the severity of fires as well as the increase in the duration of fire season. However, many are unaware that inmates have been playing a very important role in mitigating these fires while serving their prison sentences by helping alongside employed firefighters in battling these dangers.

Despite all of the training and first-hand experience, many inmates are unable to become employed firefighters because the California Emergency Medical Services Authority (EMSA) will not issue them an Emergency Medical Technician (EMT) Certificate, which is …

Human Rights In The Context Of Sustainable Development, Kuruvilla Mathen

Theses and Dissertations

The conceptual framework of “Sustainable Development,” with its three dimensions of economic growth, social development, and environmental protection, represents the result of several significant and far-reaching initiatives. On September 25, 2015, the United Nations General Assembly adopted Resolution A/RES/70/1, “Transforming Our World: the 2030 Agenda for Sustainable Development.” Resolution A/RES/70/1 propounded seventeen “Sustainable Development Goals (SDGs) and 169 targets,” with a planned implementation date of 2030.

This study examines issues of sustainable development. It presents arguments that the framework of sustainable development, in its economic, social, and environmental dimensions, encompasses legally cognizable human rights, grounded in provisions and principles of …

Interview: Robert Patterson, Bacilio Mendez

GGU Tax & Estate Planning Review

Dr. Marcia Ruben, Assistant Professor and Chair of GGU’s Graduate Management Program, speaks with Robert Patterson—an MS Taxation alumnus and Director and Worldwide Tax & Trade Controller at Microsoft—about his life and career.

Reimagining Criminal Justice: The Violence Of Incarceration In The Midst Of The Covid-19 Pandemic, Tammy Henson

Reimagining Criminal Justice

Six years after the infamous and disturbing elevator video of former NFL player Ray Rice punching his fiancée Janay Palmer in the face, knocking her unconscious and then dragging her out of the elevator, Rice and Palmer remain happily married, both speaking out against domestic violence. Contrast Rice’s story to that of Samuel Lee Scott, a husband charged with murdering his wife hours after a nonprofit group posted his bail in a domestic violence case. The difference in these cases: Rice was given domestic violence counseling in lieu of jail, Scott was incarcerated. Research shows that incarceration actually increases future …

Los Angeles’S Social Equity Cannabis Applicants Are Getting Left In The Weeds, Kaitlin Martinez

GGU Law Review Blog

The passage of California Proposition 64 (Prop 64) opened the door for cities to grant licenses to businesses for the purpose of selling cannabis and to legalize personal recreational use within their own jurisdiction. The City of Los Angeles, unlike other cities, delayed the licensing of new cannabis businesses while they refined and reworked regulations to include a Social Equity Program. The City acknowledged the cannabis criminalization and enforcement had long-term and disproportionate impacts to low-income and minority communities during The War on Drugs. The Social Equity Program is designed to repair those harms by creating regulations to support and …

The Exhibit, The Litigation Center Newsletter - Winter 2020, Golden Gate University School Of Law

Litigation Center at Golden Gate University School of Law

No abstract provided.

Assembly Committee On Agriculture, 2019-2020 Legislative Summary, Assembly Committee On Agriculture

California Assembly

No abstract provided.

Assembly Committee On Governmental Organization, 2019-2020 Legislative Summary, Assembly Committee On Governmental Organization

California Assembly

No abstract provided.

Assembly Local Government Committee, 2020 Legislative Summary, Assembly Local Government Committee

California Assembly

No abstract provided.

Assembly Committee On Higher Education, 2019-20 Session Legislative Bill Summary, Assembly Committee On Higher Education

California Assembly

No abstract provided.

Assembly Committee On Water, Parks And Wildlife, 2019-2020 Legislative Bill Summary, Assembly Committee On Water, Parks And Wildlife

California Assembly

No abstract provided.

Assembly Committee On The Judiciary 2019-2020 Bill Summary, Assembly Committee On The Judiciary

California Assembly

No abstract provided.

Impact Of The “War On Terrorism” On Development Of International Criminal Law, Ayser Alhelme

Theses and Dissertations

This research elucidates international terrorism by reviewing the stages of sociological analysis of terrorism, and by analyzing its theoretical framework. This research traces the historical development of the prevailing uncertainty by which it is characterized. Implications on global security leads us to study international legal development to counter international terrorism that has engulfed entire human societies. The objectives include highlighting international terrorism, and the counter-terrorism measures on part of the international community as it develops international criminal law to handle the problem.

Reimagining Criminal Justice: The Lasting Effects Of The 3 Strikes Law And Proposition 20, Markie Flores

Reimagining Criminal Justice

Despite many people calling for cuts to police budgets this year, police unions have contributed more than half of the nearly $4 million raised for Proposition 20’s campaign deemed the “Reducing Crime and Keeping California Safe Act.” The proposition would erode the impact of Proposition 36 and 57 and expand the list of crimes for which early release is not an option. Proposition 20 wishes to define 51 crimes and sentence enhancements as violent. Listing them as violent will ensure they are excluded from the early release program Proposition 57 enacted in 2016.

Fall 2020 Race & Justice Task Force Campus Read - Nickel Boys, Golden Gate University School Of Law

GGU Race and Justice Task Force

GGU Law Race & Justice Campus Read event:

Please join the GGU Race & Justice Task Force as we collectively examine how our lives are impacted by race, racism, and economic inequality by reading and discussing books that help navigate our journey towards justice and equity.

Golden Gate University School Of Law Launches Jd Flex Program: A Weekend Hybrid Jd Program With In-Demand Career Tracks, Golden Gate University School Of Law

Press Releases

GGU Law is thrilled to expand its long-standing mission of inclusion and access to the legal profession with its new JD Flex program. Starting in fall 2021, JD Flex will offer an innovative alternative to GGU Law's continuing full-time residential program in San Francisco.

Blending online coursework and eight on-campus weekend sessions per semester, with summers completely online, this flexible program provides a path to an ABA-approved J.D. degree in less than four years. Students also have the option of customizing their J.D. degree with one of two focused career tracks.