Law Commons^™

Heated Conflict: Investor-Owned Utility Liability For California Wildfires Under The Doctrine Of Inverse Condemnation, Samir A. Hafez, Jr.

San Diego Journal of Climate & Energy Law

This Article addresses California Investor-Owned Utilities’ liability for wildfire damage due to equipment failure and mismanagement. Part II highlights the doctrine of inverse condemnation and how California Courts apply the doctrine to cases involving investor-owned utilities. Part III provides an overview of the statutory and regulatory provisions that govern how a utility may recover costs through customer rates. Part IV addresses the apparent conflict between these frameworks and how utilities and regulators have sought to reconcile this conflict. Part V concludes with an overview and discussion of SB 901 which seeks to maintain utility financial stability while holding the entities …

Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad

San Diego Journal of Climate & Energy Law

In understanding the post Paris energy transitions, this Article analyzes the intergovernmental organization, IRENA, as a means of working toward sustainable energy. Clean energy is an alternative to carbon emissions from fossil fuel extraction and generation. This Article looks at the formation and rise of IRENA and how the silencing of the climate controversy may continue to improve its efficacy. In other words, IRENA has steered away from the controversy of climate change i.e. climate denial. This Article will proceed in five parts. Part I explores the formation of IRENA and the positive outcomes of renewable energy deployment. Part II …

Climate-Change Related "Non-Economic Loss And Damage" And The Limits Of Law, Anastasia Telesetsky

San Diego Journal of Climate & Energy Law

This article examines the concept of “loss and damage” in a world where climate impacts are being experienced over multiple years increasingly at the community level and, as in the case of Mozambique’s lengthy recovery from Cyclone Idai, at a national level. As climate impacts increase in prevalence, policymakers are focusing greater attention on how to address the destruction and depletion from “natural” events, where the severity and frequency of these events have been exacerbated by human-fueled climate change. There is a growing recognition that these types of ongoing climate-related “problems of loss cannot be analytically or ethically assigned to …

The Ninth Circuit Expands The Mining Law's Extralateral Rights Doctrine To Pegmatite Dikes, Mahdi Ibrahim, Judge Robert C. Coates

San Diego Journal of Climate & Energy Law

What happens when a miner strikes gold (metaphorically and sometimes literally speaking) under someone else’s land? As the Latin maxim states, “cuius est solum, eius est usque ad coelum et ad inferos,” which translates to “whoever owns [the] soil, [it] is theirs all the way [up] to Heaven and [down] to Hell.” It would seem the answer to who has a right to minerals below their property would be straight forward based on this Latin maxim. However, this is not truly the case. Over the last century, courts have expanded the idea of “extralateral rights” and allowed an adjacent landowner …

Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips

Journal of Digital Forensics, Security and Law

Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …

What’S A Bottom Line?, John M. Lande

Faculty Blogs

During the life cycle of a case, lawyers start with vague and tentative bottom lines, and they develop more precise and confident bottom lines as the case progresses. People typically are not candid with others – and sometimes even with themselves – about their real walkaway point (or “trip wire”) for ending negotiations. Indeed, “bottom line” claims are standard negotiation gambits using wildly inflated numbers that experienced negotiators and mediators routinely assume to be false.

Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi

Law & Economics Working Papers

A key question at the intersection of state and federal law is whether corporations can use their charters or bylaws to restrict securities litigation to federal court. In December 2018, the Delaware Chancery Court answered this question in the negative in the landmark decision Sciabacucchi v. Salzberg. The court invalidated “federal forum provisions” (“FFPs”) that allow companies to select federal district courts as the exclusive venue for claims brought under the Securities Act of 1933 (“1933 Act”). The decision held that the internal affairs doctrine, which is the bedrock of U.S. corporate law, does not permit charter and bylaw provisions …

Arlingto Management As Socia Tes, Inc., A Utah, Plaintiff/ Appellant V. Urology Clinic Of Utah Valley, Llc, A Utah Limited Liability Company., Defendant/ Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM AN ORDER OF THE FOURTH DISTRICT COURT, UTAH COUNTY, DISTRICT JUDGE THOMAS L. LOW

Rodney R. Parker (4110) SNOW, CHRISTENSEN & MARTINEAU Todd E. Zenger (5238) DUREN IP Attorneys for Appellee

R. Stephen Marshall (2097) Kevin M. Paulsen (15219) MARSHALL OLSON & HULL, P.C. Attorneys for Appellant

What Do Nci Data Tell Us About The Characteristics And Outcomes Of Older Adults With Idd?, Valerie J. Bradley, Dorothy Hiersteiner, Henan Li, Alexandra Bonardi, Laura Vegas

Developmental Disabilities Network Journal

The number of older adults with intellectual and developmental disabilities (IDD) is growing and will continue to expand as the baby boom generation moves into older adulthood. This descriptive analysis provides information on the characteristics and outcomes of a subsample of individuals with IDD aged 55 and over in the 2018-2019 National Core Indicators In Person Survey. Selected findings are compared to characteristics of the general population as measured by the National Health Interview Survey (NHIS). Findings suggest the older adults with IDD are more isolated, have smaller social networks than their younger peers, and have less access to transportation …

The Origins Of University Centers On Developmental Disabilities: Early Expectations And Legislation, Bryce Fifield, Marvin G. Fifield

Developmental Disabilities Network Journal

This article describes the evolution and early expectations of university-based programs to serve people with disabilities. I describe the how the committee that President John F. Kennedy created to make recommendations about how to better serve people with mental retardation suggested university-based programs that would improve the science and provide training to professionals who work with this community. I describe the early legislation and program decisions that were made by stakeholders that created the first generation of University Affiliated Facilities and Programs to serve people with disabilities.

Employment First In A Time Of Pandemic, Julie J. Christensen Phd, Msw

Developmental Disabilities Network Journal

No abstract provided.

Opening Editorial: The Origin And Aims Of The Developmental Disabilities Network Journal, Matthew Wappett

Developmental Disabilities Network Journal

In this article, I share my experience of going to school and noticing different groups of students. I noticed that students with disabilities were treated differently, but I didn't understand why. Throughout history, people with disabilities have often been treated differently. For hundreds of years, people with disabilities did not live with their families or in their communities. People with disabilities were often forced to live in institutions or workhouses. Institutions were not good places; they were dangerous, unclean, and isolated. People with disabilities were not allowed to live the life they wanted. In the 1960s, many advocates wanted to …

Cover And Acknowledgements, Matthew Wappett

Developmental Disabilities Network Journal

No abstract provided.

August 25, 2020: The Case For Trump, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Case for Trump“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman

Joint PIJIP/TLS Research Paper Series

The Covid-19 pandemic has illustrated the importance of accurate, real-time information and empirical data in a rapidly evolving crisis. Yet it has also captured an opposite issue: the spread of misinformation and disinformation during a public health crisis. Numerous governments have used the Covid-19 pandemic as reason to, legitimately or illegitimately, heighten existing state censorship practices or introduce new practices entirely under the justification of stopping false information about the virus. This report analyzes developments in China, India, and Russia as case studies of government censorship amid the public health crisis. It offers five key takeaways from these case studies. …

State Of Utah, Plaintiff/Appellee V. Antonio Valentin Ruiz, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for possession of a firearm by a restricted person, a second degree felony, and assault on a pregnant woman, a class A misdemeanor, in the Second Judicial District, Weber County, the Honorable Mark R. DeCaria presiding

JOSEPH JARDINE, Counsel for Appellant

JEFFREY S. GRAY, SEAN D. REYES, LEITITIA J. TOOMBS, Counsel for Appellee

The Great Debate, Dorothy Bradley

Public Land & Resources Law Review

No abstract provided.

Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes

Public Land & Resources Law Review

No abstract provided.

If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown

Public Land & Resources Law Review

No abstract provided.

Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett

Public Land & Resources Law Review

No abstract provided.

Earth Day 1970, Dorothy Bradley

Public Land & Resources Law Review

No abstract provided.

Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore

Public Land & Resources Law Review

No abstract provided.

Quotes And Acknowledgments

Public Land & Resources Law Review

No abstract provided.

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Dedication

Public Land & Resources Law Review

No abstract provided.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham

Public Land & Resources Law Review

No abstract provided.

Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.

Public Land & Resources Law Review

No abstract provided.

How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff

Public Land & Resources Law Review

No abstract provided.