Law Commons^™

Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey

Publications

Just the other day I had occasion to dine with a group of remarkable women of a certain age who had recently been featured by this newspaper as "Women Leaders in the Law: Blazing the trail for 35-plus years." Right there you knew, of course, that these were women who had stayed the course, who had early and often resisted the siren call of a more conventional path, and who collectively called to mind the rallying cry of an earlier time: "This is what a feminist looks like."

Having individually and together fought their way to the top of their …

Senate Confirms Obama Nominee To Ninth Circuit, Ginny Laroe

Articles About GGU Law

Morgan Christen, an Alaska Supreme Court Justice nominated by President Obama to the Ninth Circuit U.S. Court of Appeals, won Senate confirmation on Thursday. Christen is the first Golden Gate University law school graduate to join the Ninth Circuit.

New Center On Urban Environmental Law: Greening Bay Area Cities, Garrett Wheeler

CUEL - Center for Urban Environmental Law

“We developed CUEL because while there are a lot of great programs around the country focused on climate change, energy, wildlife preservation and other rural issues, there are a lot of important concerns, particularly urban issues, that are not getting enough attention,” says CUEL founder and Co-Director, Professor Paul Kibel. “[GGU Law] is particularly well positioned to take on these issues. The greenspace project at Alameda Point is a chance to present a compelling argument to create urban parkland.”

No Change In Sight For Sentencing Guidelines, Wes R. Porter

Publications

In the post-Booker era, the commission must reinvent itself to provide a useful tool for the courts in determining punishment, explains Wes Reber Porter of Golden Gate University School of Law.

Golden Gate Lawyer, Fall/Winter 2012

Golden Gate Lawyer

No abstract provided.

Future Of The Internet At Stake, Marc Greenberg

Publications

The Stop Online Piracy Act, H.R. 3261, introduced Oct. 26, has generated a firestorm of controversy, with critics assailing it for its chilling effect on the web and the Internet. After deciding to investigate this bill, I waded through piles of critiques, both pro and con. The bill itself, written in 78 mind-numbing pages of dense legislatese, on an initial read-through doesn't contain any "gotcha" terms that immediately support the conclusion of legislative overreach. The ostensible purpose of the bill is to combat the activities of alleged "rogue websites" based outside the U.S., which are engaged in widespread copyright infringement …

The Uncertain Requirement For Recording Assignments Of Deeds Of Trust, Roger Bernhardt

Publications

Analysis of a recent California decision exempting the assignment of a deed of trust from California’s statutory recording requirement on the ground that the act applies only to mortgages.

Maya V. Centex Corp., Roger Bernhardt

Publications

Analysis of a recent Ninth Circuit Decision holding that plaintiffs have alleged sufficient injury for standing purposes in claiming that developers misrepresented the future quality of the neighborhood to them.

More On Mortgage Transfer Mysteries, Roger Bernhardt

Publications

A review of recent federal and state decisions in California involving mortgage transfers.

The Priority Fight Between The Second Mortgagee And The Subrogated Insurance Carrier, Roger Bernhardt

Publications

Analysis of a recent decision holding that the insurance carrier who had paid the first mortgagee had a superior right to the remaining value of the property by virtue of subrogation than did the second mortgagee, even though the second was also insured under the same policy.

Avalon Pacific-Santa Ana, L.P. V Hd Supply Repair & Remodel, Llc (2011), Roger Bernhardt

Publications

Lessor could not recover cost of repair damages for lessee’s breach of maintenance and repair obligations when lease had neither expired nor been terminated. Similarly, when lease will be in effect for extended term, lessor may recover waste damages before lease expiration or termination only on showing of substantial and permanent damage resulting in reduced market value.

Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt

Publications

Ability of secondary market participants to foreclose on transferred mortgages.

Creative Ventures, Llc V Jim Ward & Assocs.: (2011) 195 Ca4th 1430, - Cr3d, Roger Bernhardt

Publications

Analysis of a California decision applying usury sanctions to third party investors.

The Priorities Of Proceeds And Rents, Roger Bernhardt

Publications

Analysis of a Seventh Circuit decision involving priority of claims to rents.

Being Professionally Responsible In Property Transactions, Roger Bernhardt

Publications

Discussion of two cases sanctioning lawyers for improperly 1) going into business with the client, and 2) working with the other side after quitting the case.

Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt

Publications

A review of recent California decisions challenging the validity of mortgage transfers through MERS.

Redevelopment Agency V Bnsf Ry. (9th Cir 2011) 643 F3d 668, Roger Bernhardt

Publications

Analysis of a Ninth Circuit involving pollution by a former owner.

2011 Legislative Summary, Assembly Committee On Public Safety

California Assembly

MEMBERS:
Tom Ammiano, Chair
Steve Knight, Vice Chair
Gilbert Cedillo, Member
Curt Hagman, Member
Jerry Hill, Member
Holly J. Mitchell, Member
Nancy Skinner, Member

COMMITTEE STAFF:
Gregory Pagan, Chief Counsel
Gabriel Caswell, Counsel
Milena N. Blake, Counsel
Sandy Uribe, Counsel
Stella Y. Choe, Counsel

Sue Highland, Committee Secretary
Elizabeth V. Potter, Committee Secretary

Best Llm Program In California, Lisa Lomba

Press Releases

Golden Gate University School of Law has been voted as having the best LLM Program in California in 2011 by The Recorder.

Third Annual Chief Justice Ronald M. George Distinguished Lecture: Justices Of Color At The Top: Great Responsibility, Unique Challenges, Lisa Lomba

Press Releases

No abstract provided.

How States Can Affect Federal Deepwater Port Lng Licensing Decisions: A Case Study Involving The Deepwater Port Act And The Coastal Zone Management Act, Linda Krop

Golden Gate University Environmental Law Journal

This Article explores the general role of coastal states in permitting offshore LNG terminals, and the specific role that California played in the licensing process for the proposed Cabrillo Port LNG project. There are many facets of state authority, including the approvals required for the portions of LNG projects located within a coastal state’s jurisdiction (primarily within the first three miles offshore), the application of state laws to proposals to construct offshore LNG facilities under the DWPA, the authority of the governor of the adjacent coastal state to approve or “disapprove” deepwater port projects, and the right of a coastal …

The Cape Wind Offshore Wind Energy Project: A Case Study Of The Difficult Transition To Renewable Energy, Kenneth Kimmell, Dawn Stolfi Stalenhoef

Golden Gate University Environmental Law Journal

This article presents the story of one renewable energy alternative that is available wherever the wind blows strong and steady. If that alone is not sufficient enticement to read further, the authors also promise to present one of the most engaging permitting sagas ever known to this field. Indeed, the Cape Wind Energy project was held captive by the permitting process for nearly a decade – in stark contrast to numerous offshore oil projects – due to the imposition of disproportionally rigorous regulatory scrutiny and the dogged political pressure applied by a few wealthy homeowners with ocean views in the …

Riding The Wave: Confronting Jurisdictional And Regulatory Barriers To Ocean Energy Development, Danielle Murray, Christopher Carr, Jennifer Jeffers, Alejandra Núñez-Luna

Golden Gate University Environmental Law Journal

This Article provides a brief history of wave energy development, examines the status of hydrokinetic projects undertaken at a state and local level, and navigates the overlapping, and often competing, jurisdictional mandates confronting U.S. project developers. It also explores lessons learned from the European Union’s (EU) recent regulatory experience and provides recommendations for short- and long-term steps forward in the United States. Part II discusses early wave energy projects, research and policy developments, and highlights recent advances in technical testing and economic feasibility of wave energy projects. Part III analyzes the status of hydrokinetic energy development at the state and …

Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael Salcido

Golden Gate University Environmental Law Journal

This Article considers the approaches that Oregon, California, and Washington have taken to address the need for additional renewable energy while also undertaking a shift to comprehensive ocean management. Discussion of offshore federalism, a component of the opportunities and challenges of this nascent industry, is highlighted at various points. The Memoranda of Understanding that these coastal states have entered into with the Federal Energy Regulatory Commission have been central to facilitating hydrokinetic energy development. While each state has taken a slightly different approach to folding wave energy into its alternative energy and marine management agendas, the progress made is encouraging …

The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light

Golden Gate University Environmental Law Journal

Two months after the April 2010 Deepwater Horizon explosion, BP and the Obama White House announced the creation of the $20 billion Deepwater Horizon Oil Spill Trust (“the Trust”) to pay individuals and businesses suffering losses arising from the disaster. Although BP initially paid certain claimants, Kenneth R. Feinberg, a Washington lawyer who previously administered the 9/11 Compensation Fund, opened the Gulf Coast Claims Facility (“the Facility” or GCCF) in August to “independently” resolve disaster claims against BP. As publicly advertised, the Facility and the $20 billion Trust, to which it has access to pay claims, are designed to address …

Restructure And Reform: Post-Bp Deepwater Horizon Proposals To Improve Oversight Of Offshore Oil And Gas Activities, Leila Monroe

Golden Gate University Environmental Law Journal

This Article chronicles the multiple reviews that were conducted into the BP oil spill, in an attempt to understand the flaws in government management and oversight that allowed this disaster to occur. It endeavors to distill the key recommendations produced by numerous reviewers related to improving DOI’s management and oversight of offshore oil and gas exploration and development activities. Although they are also critically important topics, each with identified opportunities for improvement, it is not within the scope of this Article to provide an in-depth discussion of industry culture and practice, technological failures, oil spill response, or spill restoration.

Part …

A Regulatory Wake-Up Call: Lessons From Bp’S Deepwater Horizon Disaster, Rebecca M. Bratspies

Golden Gate University Environmental Law Journal

In learning from the BP disaster, there are two levels at which to understand what happened, and two kinds of lessons to draw: straightforward and complex. The straightforward lesson focuses on BP as a distinct entity, emphasizing the company’s culpability for its poor decisions. The complex lesson does not deny BP’s culpability but seeks to situate BP’s private actions within a broader regulatory context in order to identify systemic failures that contributed to the disaster.

This Article delves into both sets of lessons, concentrating more on the “complex” explanation, which involves recognizing gaps in the statutory scheme and conflicts in …

Pricing Pelicans And Petrol: In Introduction To The Issue, Paul Stanton Kibel, Angela Haren Kelley

Golden Gate University Environmental Law Journal

No abstract provided.

Masthead - Vol. 5 #1

Golden Gate University Environmental Law Journal

No abstract provided.

Professionalism On Trial, Wes R. Porter

Publications

No abstract provided.