Law Commons^™

Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Request to the Navy to release various calculations and inputs relied upon when using the EPA’s PRG calculator to assess risk to human health and the environment in its ongoing work to remediate contamination at the shipyard.

Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter responding to Tetra Tech’s written response to the petition to revoke its radiological materials license, and supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license.

Law School News: Does Indictment Mean Correia Will Likely Be Forced To Resign? Law School Dean Says 'Wait A Week' 10/17/2018, Michael Holtzman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Cercla Cleanup 2018.09.07 Comments To Fourth Five-Year Review, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to the Navy providing specific, critical comments on its Draft Fourth Five Year Review. (52 pages)

Cercla Cleanup 2018.09.06 Response From Ca Dept Of Public Health, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Response from the CA Department of Public Health related to its testing for hazardous materials left at Parcel A.

Cercla Cleanup 2018.08.14 Comments To Draft Parcel G Work Plan, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to the Navy providing specific, critical comments on its draft Parcel G Work Plan. Comments categories include requesting: the Navy share all substantive elements of its plan with the public before closing the public comment period; the Navy retest all areas where Tetra Tech worked; adequate oversight to ensure fraud is not repeated; update to remedial plans to reflect facts now in the record including Tetra Tech’s fraud and potential impacts which flow from that fraud; stop improperly modifying remedial goals, and; update plan for establishing radiological background levels. (27 pages)

Cercla Cleanup 2018.08.13 Letter To Request That Navy Release Supporting Documents, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Request to the Navy to release various sampling plans which were referenced in the Draft Parcel G Work Plan, but were not released to the public, thus limiting the ability to evaluate and provide meaningful comments on the Parcel G Work Plan.

Cercla Cleanup 2018.08.01 Letter To Nancy Pelosi, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to Democratic Leader of the U.S. House of Representatives, Nancy Pelosi, listing concerns about the integrity of the ongoing cleanup at Hunters Point and asking her to support transparency in the Navy’s cleanup operations.

California Department Of Public Health Petition To Revoke Tetra Tech's State Radiological License, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license, based on the same evidence submitted to the U.S. Nuclear Regulatory Commission in the petition to revoke Tetra Tech’s federal license and subsequent supplements to the original Petition (June 28, 2017) and supplements to the Petition.

Nrc Petition Supplemental Filing 3 2018.07.23, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including findings from the Navy and EPA reviews of Tetra Tech’s data from the cleanup.

Cercla Cleanup 2018.07.13 Comments To Cdph Parcel A Scanning Plan, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Comment letter to CA Department of Public Health criticizing the adequacy of its plan to scan Parcel A for radiological contaminants. (9 pages)

California Department Of Public Health Petition Exhibit 2 - Declaration Of Steven J Castleman, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Steven J. Castleman in support of July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license.

Consumers, Sellers-Advisors, And The Psychology Of Trust, Kelli Alces Williams, Justin Sevier

Scholarly Publications

Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the …

Nrc Petition Supplemental Filing 2 2018.02.13, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including reports by the Navy on data by Tetra Tech related to its remediation of soil at parcels C and E.

Nrc Petition Supplemental Filing 1 2018.01.18, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including a report by the Navy on data by Tetra Tech related to its remediation of soil at parcels B and G.

Peddling Ignorance: A New Falsity Standard For Scientific Knowledge Fraud Cases, Wes Henricksen

Faculty Scholarship

No abstract provided.

Stop Right There! Assessing The Role Of Collateral Estoppel In A Fraud Proceeding Against A Debtor And A Debtor-Owned Business, Brandon Dorman

Bankruptcy Research Library

(Excerpt)

In an adversary proceeding, under section 523(a)(2)(A) of title 11 of the United States Code (the “Bankruptcy Code”), to determine the non-dischargeability of a debt based upon fraud, a state courts finding of fraud against a debtor-owned business may collaterally estop the debtor in the adversary proceeding from relitigating the issue of fraud. Essential to this issue is the timing at which the debtor filed for bankruptcy. Timing is critical in determining whether the prior decision against the debtor-owned business in the state court action collaterally estopped the litigation against the debtor or whether the debtor was afforded the …

Localism, Labels And Animal Welfare, Samuel R. Wiseman

Scholarly Publications

The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanelyraised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that …

Hyperfunding Regulating Financial Innovations, Seth C. Oranburg

Law Faculty Scholarship

Innovations in corporate finance are driven by frustrations with present regulations and fueled by the internet and social media. Hyperfunding is one such example: Tesla paved the way for an electric vehicle revolution by preselling hundreds of thousands of its Model 3 EV direct to consumers. Unwary consumers may not have realized that they were underwriting Tesla’s bold strategy to transform multiple product markets. Risks were not disclosed. Rewards proved illusory. Investors would have been entitled to disclosures and colorable claims of fraud when Tesla missed milestones and deadlines. But consumers can only get their $1000 deposit back, without interest, …

Corporate Governance, Capital Markets, And Securities Law, Adam C. Pritchard

Book Chapters

This chapter explores the dividing line between corporate governance and securities law from both historical and institutional perspectives. Section 2 examines the origins of the dividing line between securities law and corporate governance in the United States, as well as the efforts of the SEC to push against that boundary. That history sets the stage for section 3, which broadens the inquiry by examining the institutional connections between capital markets and corporate governance. Are there practical limits to the connection between securities law and corporate governance? The US again illustrates the point, as Congress has increasingly crossed the traditional boundary …

Constructive Ambiguity And Judicial Development Of Insider Trading, Jill E. Fisch

All Faculty Scholarship

The Texas Gulf Sulphur decision began what has become a fifty-year project of developing U.S. insider trading regulation through judicial lawmaking. During the course of that project, the courts developed a complex, fraud-based approach to determining the scope of liability. The approach has led, in many cases, to doctrinal uncertainty, a result that is reflected in the recent decisions in Newman, Salman, and Martoma.

n the face of this uncertainty, many commentators have called for a legislative solution. This article argues, however, that the true challenge of insider trading regulation is a lack of consensus about the …

Copyright As Market Prospect, Shyamkrishna Balganesh

Faculty Scholarship

For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts – principally trespass and negligence – in order to understand copyright’s structure of entitlement and liability. This focus on property – and harm-based torts – has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant’s volitional actions interfere with a …