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2013

California

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Articles 1 - 30 of 97

Full-Text Articles in Law

See The Mojave!, John C. Nagle Nov 2013

See The Mojave!, John C. Nagle

John Copeland Nagle

This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the CDPA. The second act …


Identity Theft On Social Networking Sites: Developing Issues Of Internet Impersonation, Maksim Reznik Oct 2013

Identity Theft On Social Networking Sites: Developing Issues Of Internet Impersonation, Maksim Reznik

Touro Law Review

This Comment focuses on the dangers of social media sites when a person gains access to another's online account through two different methods: (1) stealing the third party's password, or (2) creating a completely fake profile and subsequently impersonating that person.


A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia Oct 2013

A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia

Indiana Law Journal

No abstract provided.


Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber Sep 2013

Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber

Eric Biber

The article discusses climate change policy and the political aspects of green technology in America in the wake of the defeat of the global warming-related ballot initiative California Proposition 23 in 2010. The political dynamics of climate change policy are addressed, along with American environmental law, federal climate change legislation, and the California Air Resources Board. The political campaign contributions from the Valero and Tesoro oil companies in Texas are examined.


The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn Sep 2013

The Constitutionality Of California's Cap-And-Trade Program And Recommendations For Design Of Future State Programs, Thomas Alcorn

Michigan Journal of Environmental & Administrative Law

Global climate change has emerged as one of the greatest challenges of our time. While action has stalled on the national stage, states have started to take action to reduce their greenhouse gas emissions. Confronted with the risk of severe impacts that could cost it tens of billions of dollars annually by the end of the century, California has taken the lead and developed the first comprehensive cap-and-trade program in the nation and seeks to achieve significant reductions in the greenhouse gas emissions associated with its economy. The success of California’s program will determine whether other states and the federal …


The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott Sep 2013

The Dormant Commerce Clause And California's Low Carbon Fuel Standard, Kathryn Abbott

Michigan Journal of Environmental & Administrative Law

California’s Low Carbon Fuel Standard (LCFS), enacted as part of the State’s pioneering Global Warming Solutions Act (AB 32), purports to regulate the amount of carbon emissions associated with fuels consumed in the state. Part of this scheme involves assigning numeric scores to vehicle fuels reflecting the amount of carbon emissions associated with their production, transportation, and use. The scores are part of a “cap-and-trade” scheme to lower the state’s total amount of carbon emissions associated with fuel use. Out-of-state industry groups brought a challenge in the United States District Court for the Eastern District of California, alleging that the …


Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Aug 2013

Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)

The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …


I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah Ho Aug 2013

I'Ll Huff And I'Ll Puff - But Then You'll Blow My Case Away: Dealing With Dismissed And Bad-Faith Defendants Under California's Anti-Slapp Statute, Jeremiah Ho

Jeremiah A. Ho

This Article will demonstrate that, despite efforts to recognize SLAPPs and to safeguard our legal process from abuses, SLAPP suits and their underlying interference with the legitimate exercise of the right to petition can often engender new ways of creeping back onto the legal stage to wreak havoc on the private citizen - that the devious, shape-shifting Big Bad Wolf of First Amendment rights can return to reprise its role as the subversive villain and to trot unsuspecting litigants out to slaughter. After an introduction into the general world of SLAPPs and the specific history behind California's section 425.16, this …


To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, Janet Cooper Alexander Jun 2013

To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, Janet Cooper Alexander

University of Michigan Journal of Law Reform

The Supreme Court's decision in Concepcion is widely regarded as heralding the demise of small-claims class actions whenever contracts of adhesion are involved in the transaction-which means for virtually all consumer and employment claims. Amending the Federal Arbitration Act to overturn Concepcion would be a relatively simple exercise in legislative drafting, but in the current political climate such efforts are unlikely to succeed. Thus far, proposed federal corrective legislation has failed to pass, and federal agency regulation of class waivers has been lacking. State legislatures might have the political ability to pass corrective legislation, but virtually all state limitations on …


Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili May 2013

Section 51 Actions Against Private Racial Profiling, Peter Zablotsky, Sa'id Vakili

Peter Zablotsky

No abstract provided.


Drug Induced Insanity And Unconsciousness - A Clarification Of California Law, Jerome Bleiweis May 2013

Drug Induced Insanity And Unconsciousness - A Clarification Of California Law, Jerome Bleiweis

Pepperdine Law Review

No abstract provided.


Steed V. Imperial Airlines, Clay Plotkin May 2013

Steed V. Imperial Airlines, Clay Plotkin

Pepperdine Law Review

No abstract provided.


To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West May 2013

To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West

Pepperdine Law Review

No abstract provided.


The Defense Of Entrapment In Administrative Proceedings, Jan Mark Dudman May 2013

The Defense Of Entrapment In Administrative Proceedings, Jan Mark Dudman

Pepperdine Law Review

No abstract provided.


Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez May 2013

Bilingual Welfare Notice Not Required - Guerrero V. Carleson, 9 Cal. 3d 808, 512 P.2d 833, 109 Cal. Rptr. 201 (1973), Mary Beth Diez

Pepperdine Law Review

No abstract provided.


Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner May 2013

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.


The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr. May 2013

The Constitutional Infirmity Of The California Government Claim Statute, James C. Downing, Nikolai Tehin Jr.

Pepperdine Law Review

No abstract provided.


Debtor's Defense To A Deficiency Judgment Under Ucc , Gail Clifford Hutton May 2013

Debtor's Defense To A Deficiency Judgment Under Ucc , Gail Clifford Hutton

Pepperdine Law Review

No abstract provided.


California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman May 2013

California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman

Pepperdine Law Review

No abstract provided.


Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness May 2013

Friends Of Mammoth: Vox Populi Or Judicial Social Engineering , John W. Furness

Pepperdine Law Review

No abstract provided.


Recent Trends In California Law Concerning The Best Interests Of The Child, Darlene Selby May 2013

Recent Trends In California Law Concerning The Best Interests Of The Child, Darlene Selby

Pepperdine Law Review

No abstract provided.


Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento May 2013

Looking Back: Consistency In Interpretation Of And Response To The Consistency Requirement, A. B. 1301 , Joseph F. Di Mento

Pepperdine Law Review

No abstract provided.


Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge May 2013

Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge

Pepperdine Law Review

No abstract provided.


California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight May 2013

California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight

Pepperdine Law Review

No abstract provided.


The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester May 2013

The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester

Pepperdine Law Review

No abstract provided.


Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson May 2013

Nepa And Ceqa - Euphemistic Environmental Eunuchs?, Sonia Sonju Erickson

Pepperdine Law Review

No abstract provided.


Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West May 2013

Luncheon Address: Planning Decision Making - Balancing Legislative Restrictions, Modern Technology, Community Input, And Personal Objectives , Robert J. West

Pepperdine Law Review

No abstract provided.


Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson May 2013

Subdivision Regulation: Political Armageddon Of Consumer, Property Owner And Environmental Rights , James E. Erickson

Pepperdine Law Review

No abstract provided.


Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable May 2013

Legal Limits Of Government Land Use Regulation - An Expanding Concept , Roger A. Grable

Pepperdine Law Review

No abstract provided.


Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman May 2013

Hagman's Hallucinations: Some Predictions About Planning Law In California , Donald G. Hagman

Pepperdine Law Review

No abstract provided.