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CERCLA Cleanup 2018.07.13 Comments to CDPH Parcel A Scanning Plan
Get PDFComment letter to CA Department of Public Health criticizing the adequacy of its plan to scan Parcel A for radiological contaminants. (9 pages
State v. Trump: Trump Fails in the ‘Art of the Deal’ Securing a Victory for Travel Ban 2.0
Get PDFThe Ninth Circuit affirmed the District Court of Hawaii’s modification of the preliminary injunction against sections 2 and 6 of President Trump’s Executive Order 13780, in accordance with the Supreme Court’s decision in Trump v. International Refugee Assistance Project
An Entertainment Lawyer from Coast to Coast
Get PDFTelephone Interview of Tony Berman by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Nov. 29, 2017)
Lack of “Purposefulness” & “Flagrancy” or Simply Turning a Blind Eye to the Current State of Affairs?: The Need for Statistical Data
Get PDFThis Comment argues that the Court misapplied the attenuation doctrine in Strieff, specifically in its application and interpretation of the language “purposeful and flagrant” and explores the possible implications of this decision. First, Section I explains the Fourth Amendment and the basic principles of law regarding searches and seizures, including the exclusionary rule and attenuation doctrine. Then, Section II examines the circuit court split prior to Utah v. Strieff and how each circuit interpreted the language “purposeful and flagrant.” Finally, Section III analyzes the issues with the Supreme Court’s interpretation of “purposeful and flagrant” in Utah v. Strieff and proposes a solution, which would require the examination of statistical data to determine whether an officer’s misconduct is purposeful and flagrant. The use of statistics will allow the courts to more easily justify their holdings as being consistent with the reality of the social sphere; furthermore, parties would be afforded a much more methodical approach to proving purposefulness and flagrancy
The California Consumer Privacy Act of 2018: Are your interests at stake?
Get PDFIn recent years, the Supreme Court has recognized the downturn of consistent and reliable Establishment Clause jurisprudence. The inconsistency of opinions and the often hostile outcomes have left the Establishment Clause in “shambles”. Justices have commented that there is no other area of law in more desperate need of repair than the Establishment Clause. One reason posited for the current state of confusion is that the Establishment Clause was never intended to be incorporated. Because of this, even the Supreme Court cannot agree on a single test or even consistently apply the many tests it currently employs
The Future Is Mobile: Financial Inclusion and Technological Innovation in the Emerging World
Get PDFThe digital revolution is in full bloom and technology is being used to solve the world’s most challenging problems, yet traditional banking excludes many of the world’s poorest from taking advantage of the full fruits of the financial system. Especially in developing countries, implementing mobile financial systems can speed financial inclusion and spur economic growth. There is space for regulatory reform that addresses concerns with data security and consumer privacy yet does not stifle innovation. Throughout history, resistance to innovation has generally proved futile, and countries that refuse to change risk missing opportunities
17th Annual Recent Developments in IP Law and Policy Conference
Get PDF16th Annual Recent Developments in IP Law and Policy Conference
Golden Gate University School of Law
Program, October 26, 201
Child Obesity, School Food Environments and the Best Interests of the Child
Get PDFThis article is about child obesity, school food, and the key role schools can play in creating environments that can enhance children’s eating patterns and lifestyle behaviours and, thus, can support the realization of children’s best interest in relation to food and health. In contrast to the traditional approach that frames the obesity problem as a personal issue or as a matter of parental responsibility, this article argues that the prevention of child obesity should be interpreted as a State obligation under both international and domestic laws. Analysis turns to the example of the Healthy, Hunger-Free Kids Act, adopted in the United States in 2010 to provide healthier schools nutrition standards, and its most recent rollback by the Trump administration. As in such a case, whenever governments may fail to fulfill their obligations due to political changes or conflicting interests, the article argues that schools can become agents of change by fostering environments that increase children’s daily consumption of healthier food and promote physical activit
Navy plans to re-examine soil at Hunters Point after false data reporting
No full textThe U.S. Navy is preparing a comprehensive re-examination of the potentially toxic soils and buildings at San Francisco’s former Hunters Point Shipyard, a time-consuming and costly step it says is necessary after finding a pattern of fraudulent manipulation or falsification of data collected by a contractor hired to clean up the former Superfund site.
Some of the alleged fraud by Tetra Tech was uncovered by students at Golden Gate University’s Environmental Law and Justice Clinic. Attorney Steven Castleman, who worked with the students, said it was ironic that a handful of law students was able to discover irregularities in one semester that the Navy didn’t see in three years since the first Tetra Tech whistle-blowers came forwarded with allegations in 2014