Legislation Commons^™

Strict, Stricter, And Strictest: An Analysis Of Prison Sentencing In California Before And After “Three Strikes”, Vallerye Mosquera, Drew Wagner-Weir

California Initiative Review (CIR)

No abstract provided.

Chapter 336: Protecting Minors’ Online Reputations And Preventing Exposure To Harmful Advertising On The Internet, Brian Geremia

McGeorge Law Review

No abstract provided.

Chapter 438: Giving California A Competitive Edge As A Breeders’ Cup Venue, Jacquelyn Loyd

McGeorge Law Review

No abstract provided.

Chapter 11: Expanding Gubernatorial Access To Closed Session Agency Meetings, Megan Deherrera

McGeorge Law Review

No abstract provided.

A Breath Of Fresh Air: Chapter 292 Implements A Smoke- Free Environment In Foster Care, Lindsay Barnes

McGeorge Law Review

No abstract provided.

Chapter 231: Putting Swap Meet Animal Vendors In The Dog House: Regulating The Sale Of Animals At Swap Meets, Robert Binning

McGeorge Law Review

No abstract provided.

Chapter 653: Tackling Players’ End-Around The Laws Of Their Home States: Restricting Professional Athlete Access To California’S Workers’ Compensation System, Robert Binning

McGeorge Law Review

No abstract provided.

Chapter 284: Deterring And Paying For Prank 911 Calls That Generate A Swat Team Response, Eric Brumfield

McGeorge Law Review

No abstract provided.

Chapter 546: Preventing Retroactive Taxes On Entrepreneurs, Nicholas Kump

McGeorge Law Review

No abstract provided.

Chapter 398: The Highly-Regulated Hemp Marketplace— Economic Powerhouse Or Law Enforcement Nightmare?, Anthony Serrao

McGeorge Law Review

No abstract provided.

Chapter 51: Approval Of Tribal-State Gaming Agreements Governing California’S First Off-Reservation Casino, Nicholas Kump

McGeorge Law Review

No abstract provided.

Chapter 797: Un-Handcuffing Minors From The Gang Life, Dacia Anderson

McGeorge Law Review

No abstract provided.

Chapter 16: Combating Dark Money In California Politics, Patrick Ford

McGeorge Law Review

No abstract provided.

Sb 831: Bringing Political Reform Into The Twenty-First Century, Ryan Matthews

McGeorge Law Review

No abstract provided.

Chapter 389: Closing The App Gap With Insurance Requirements For Transportation Network Companies, Amanda Kelly

McGeorge Law Review

No abstract provided.

Chapters 346 And 347: Keeping California’S Thirst For Groundwater In Check, Micah Green

McGeorge Law Review

No abstract provided.

Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf, Jenifer Gee

McGeorge Law Review

No abstract provided.

Chapter 754: The Next Stepping Stone In The Path Toward A California Dream, Courtney S. Hoyland

McGeorge Law Review

No abstract provided.

The Caps Act: Enacting New Barriers Between Elected Officials And Interest Groups, Elizabeth Kim

McGeorge Law Review

No abstract provided.

Ending Reverse-Payment Immunity: A Proposed Framework For Antitrust Scrutiny Under California’S Cartwright Act, Anthony Serrao

McGeorge Law Review

No abstract provided.

The Tort Label, Sandra F. Sperino

Faculty Articles and Other Publications

Courts and commentators often label federal discrimination statutes as torts. Since the late 1980s, the courts increasingly applied tort concepts to these statutes. This Article discusses how courts placed employment discrimination law within the organizational umbrella of tort law without examining whether the two areas share enough theoretical and doctrinal affinities.

While discrimination statutes are torts in some general sense that they do not arise out of criminal law and are not solely contractual, it is far from clear that these statutes are enough like traditional torts to justify the reflexive and automatic use of tort law. Employment discrimination statutes …

Legislative Update: The House's Response To At-Risk Children Without A "Home", Sharon Falen

Children's Legal Rights Journal

No abstract provided.

I Got 99 Problems And They’Re All Fatca, Nirav (Jonathan) Dhanawade

Northwestern Journal of International Law & Business

Offshore personal income tax evasion accounts for approximately $50 billion in annual lost revenue for the United States. These large sums of money are squirrelled away in tax havens—jurisdictions, such as Aruba, the Cayman Islands, and Dubai, whose laws allow some U.S. citizens to evade paying their U.S. income taxes. Before the Foreign Account Tax Compliance Act (FATCA) was enacted, U.S. citizens could avoid taxes on passive income by not reporting this income to the Internal Revenue Service (IRS). To detect tax evasion, the IRS pursued U.S. citizens with undeclared assets in foreign banks. But the IRS’s quest was largely …

Does State National Bank Of Big Spring V. Geithner Stand A Fighting Chance?, Devon J. Steinmeyer

Chicago-Kent Law Review

Two years after the start of the 2008 financial crisis and during one of the worst economic recessions since the Great Depression, Congress passed a law designed to insure a financial crisis of the same magnitude would not occur again, and if it did, it would not have the same wide-reaching effects the 2008 crisis had. The Dodd-Frank Wall Street Reform and Consumer Protection Act sought to, among other things, end “too big to fail,” consolidate the consumer protection agencies, and provide for the orderly liquidation of defaulting systematically important companies. State National Bank of Big Spring v. Geithner, a …

2014 California's Lanterman Act 45 Years Later: A Study Of Service Recipients' And Providers' Experiences With The Law's Legacies, Caster Family Center For Nonprofit And Philanthropic Research, The Nonprofit Institute, University Of San Diego

Legislation

The California Disability Services Association (CDSA), an association of community-based nonprofit and for-profit organizations that provide assistance to people with intellectual and developmental disabilities, decided in 2013 that it was time to take a close-up look at the impact of the legislation 45 years after the act became law. It collaborated with the University of San Diego’s Caster Family Center for Nonprofit and Philanthropic Research (the Caster Center) to conduct a focus group study exploring perceptions of, and experiences with, disability services in California.

The Search For Legislative Intent, Larry Alexander

Faculty Scholarship

No abstract provided.

Private Law In The Gaps, Jeffrey A. Pojanowski

Journal Articles

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a regulatory …

Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire

Richmond Journal of Law and the Public Interest

In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …

Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus

Michigan Journal of Gender & Law

Every state and the District of Columbia use voluntary acknowledgments of paternity. Created pursuant to federal law, the acknowledgment is signed by the purported biological parents and establishes paternity without requiring court involvement. Intended to be a “simple civil process” to establish paternity where the parents are unmarried, the acknowledgment is used by state governments to expedite child support litigation. But federal policy and state laws governing the acknowledgments do not sufficiently protect the interests of those men who have signed acknowledgments and who subsequently discover that they lack genetic ties to the children in question. A signatory who learns …

Missing The Forest For The Trees: Why Supplemental Needs Trusts Should Be Exempt From Medicaid Determinations, Jeffrey R. Grimyser

Chicago-Kent Law Review

Supplemental needs trusts are trusts designed to assist individuals with disabilities by paying for services and items that Medicaid will not pay for. Federal law, however, is unclear as to whether using one of these trusts automatically disqualifies someone from receiving Medicaid, thereby causing the circuit courts to split on their interpretation. Some circuits have held that the Medicaid statute allows states to enact laws prohibiting the use of these trusts while receiving Medicaid benefits based on the federal law’s statutory language. While other circuits have ruled that individuals can simultaneously receive Medicaid benefits and use supplemental needs trusts given …