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The Bar Exam Taught Me Something! Or How Bar Prep Advice Helps Me Manage Life in Lockdown
Get PDFThere’s a refrain from most law school graduates: law school taught me nothing about the practice of law and the bar exam didn’t test any of the skills that will make me a good lawyer. But what about the other things you learned in the process
Blockchain in California: A Roadmap
No full textWhen the California legislature created the Blockchain Working Group in August 2019, GGULaw’s Professor Benedetto Neitz was one of three appointees with a background in law selected in consultation with the Judicial Council. The 20-member group was required to incorporate multiple disciplines comprised of experts representing the field of law, technology, privacy and consumer rights. The group also included one member each from the State Senate and the State Assembly.
The Working Group was charged with:
• Evaluating blockchain uses, risks, benefits, legal implications, and best practices;
• Defining the term blockchain; and
• Recommending amendments to other statutes that may be impacted by blockchain.
The Working Group met numerous times in 2019 and 2020. Each member authored or co-authored different sections of the report, and was tasked with reviewing all other sections. Professor Benedetto Neitz wrote the sections relating to blockchain\u27s Ethical Considerations, Voting, and the Secretary of State\u27s Archives division. The report was published on July 1, and will serve as a guide for members of the state legislature as they draft blockchain regulation.
The final report is available at https://escholarship.org/uc/item/2j9596dp
WHY IT IS TIME FOR A “CALFIRE DIVORCE”: THE CASE FOR ESTABLISHING AN INDEPENDENT FOREST AND RESOURCE MANAGEMENT AGENCY TO SECURE HEALTHY FORESTS IN CALIFORNIA
Get PDFIt is time to remove governance of California’s core sustainable forest management mandate from CalFire to allow it to focus on its overwhelming fire agency obligations. In the absence of adequate and dedicated funding and resource personnel, CalFire is not satisfying California’s forest resource management goals and objectives. After decades of decline, California must renew its fundamental commitment to sustainable forest management. The governance of forest resource management requirements, as set forth in the Z’Berg Nejedly Forest Practice Act of 1973,10 should be transferred to another agency, the focus of which is resource and land conservation. California needs one dedicated and adequately funded agency with professionally trained staff who understand the complexity and interrelationships within the entire forest system, its productivity, and all of its resources. This different agency would be required and accountable to secure California’s commitment in governing forest resource management. An agency like this would be able to ensure that our forests are restored, enhanced, and maintained to protect the environmental, economic, and social resources that healthy forests provide. An independent agency dedicated to governing forest resource management and land conservation is more critical than ever as California faces and attempts to respond to the irrefutable climate crisis. Our forests must be increasingly available to provide enhanced carbon sequestration for the survival of this and future generations. Such a separation enables healthy forests and leaves CalFire to do its excellent firefighting work
HOSTILE ENVIRONMENTS: PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF THE TRUMP ADMINISTRATION’S ATTEMPTED REVERSAL OF SEX STEREOTYPING AS SEX BASED DISCRIMINATION
Get PDFIn 2013, Aimee Stephens, an employee of six years at R.G & G.R. Harris Funeral Homes, informed her employer she is transgender, and would begin living as a woman full time. The employer disbelieved Stephens’ gender identity; they viewed Stephens as male, and in violation of their sex specific dress code for men, which requires men to wear button downs and ties, and women to wear skirts and heels. Two weeks after informing her employer of her true gender identity, Harris Funeral Homes fired Stephens, stating that her refusal to abide by the sex specific dress code as a “biological male” was the reason for termination. The employer has not denied that Ms. Stephens was fired due to her transgender identity, but rather, contends that her gender identity is not a protected by the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, among other forms
Child and Youth Participation in Decision-Making: Experiences from Developing Countries
No full textThis work is a Special Issue of the Children and Youth Services Review. Benedetta Faedi Duramy has been the Guest-Editor (with Tali Gal). The Special Issue includes fascinating pieces on child participation from Namibia, Ghana, Nigeria, Bangladesh, Egypt, Iraq, India, Mexico, South Africa, China and Brazil. Both the article and the Special Issue can be also accessed here https://www.sciencedirect.com/journal/children-and-youth-services-review/special-issue/10D1DD4LRSK.
Professor Duramy and Tali Gal are also the authors of this issue\u27s article: Understanding and Implementing Child Participation: Lessons from the Global South.https://digitalcommons.law.ggu.edu/monographs/1030/thumbnail.jp
Interview: Nathan Pastor on Barefoot v. Jennings
Get PDFIn February 2020 (read: pre-COVID-19-pandemic and the California shelter-in-place order taking hold), I was lucky enough to sit down with Nathan Pastor (JD ’14, LLM ’16, right) to discuss a case that resulted in a seismic shift in California probate law—Barefoot v. Jennings
Access to Justice for Collective and Diffuse Rights: Theoretical Challenges and Opportunities for Social Contract Theory
Get PDFThis analysis consists of three principal parts. First, it briefly reviews the classical contract account that explains how and why individuals enter civil society, found in the writings of both Hobbes and Locke. The analysis then examines the limited extent to which classical contract theory treats questions of rights vindication or, in more modern terms, with questions of access to justice. Second, the analysis examines the nature of collective and diffuse rights claims and will make a case for their importance in the modern world. Third, the analysis seeks to identify arguments from the classical account that might be useful in the context of trying to vindicate what we now call collective and diffuse rights. In this connection, this reflection analyzes the possibilities for and limitations of, if any, classical contract theory to accommodate modern collective and diffuse rights claims. Without question, the analysis will thus at times paint with a very broad brush. However, the aim is not to provide an exhaustive analysis of the response (or not) of classical contract theory to the challenge presented by collective and diffuse rights questions, but rather to begin to trace out the relation of classical contract theory to these rights claims, which are of evergrowing importance today
An Evaluation of Internal and External Partnerships When Addressing Homelessness in the City of Salinas, California
Get PDFThe City of Salinas, like many other jurisdictions in Californian and the entire United States, is charged with addressing and helping to mitigate (or solve or resolve) the homeless crisis. The purpose of this research is to evaluate selective services provided to the Salinas Homeless Community with an emphasis on evaluating the effectiveness of interdepartmental /intergovernmental, community- government, and community-based organization to community-based organization partnerships to best serve this segment of the population. The researched literature review provides evidence of the structural barriers these types of partnerships present, and also highlights successful partnerships to best meet the needs of the homeless community. Survey questionnaires and key informant interviews of city staff, policy makers, community-based organizations and homeless people was collected and analyzed and provided insights into the effectiveness of services and partnerships within the City of Salinas