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California Rushes In—Keeping Water Instream for Fisheries Without Federal Law
Get PDFThis Article examines the ways that federal law and federal agencies currently provide a legal basis to keep water instream for California fisheries, and the ways that California water law may be in a position to fill the regulatory gap that may be left if federal water law and federal agencies recede.
Following the introduction, Part I of the Article identifies the different ways that instream flow affects California fisheries. Part II then surveys federal laws and federal agencies that have traditionally supported efforts to keep water instream for California fisheries. In Part III, the Article presents examples of how the scope of federal laws affecting instream flow may be reduced by the administration of Donald Trump and the new Congress, and discusses the California laws and California agencies that may be increasingly relied upon to secure instream flows for California fisheries in the event this reduced scope of federal law occurs. Using H.R. 23 (otherwise known as the Gaining Responsibility on Water Act of 2017) as a focal point, Part IV then assesses proposed Congressional legislation to limit the application of California water law, the response of the California Attorney General to this proposed legislation, and a July 2017 California Supreme Court decision that may shed light on whether this proposed legislation, if enacted, is likely to survive a legal challenge. The last Part then notes how the federalism issues raised by H.R. 23 and the potential roles for California law to maintain instream flow for fisheries relate to the existing legal scholarship distinguishing federal ceilings and federal floors in the natural resource field and to proposals for a new progressive federalism in response to the November 2016 election results.
Although the main focus of this Article is on California fisheries, California water law and California water agencies, much of the analysis set forth may also be pertinent to other states considering their options for keeping water instream under the new President and new Congress. By studying California’s response, other states may be able to develop their own strategies for effectively deploying state law and state agencies to maintain instream flow for fisheries regardless of what happens at the federal level in the coming years
Fourth Amendment Protection in the Digital Age
Get PDFThe Supreme Court granted certiorari in Carpenter v United States, a case that offers the Court another opportunity to address how far Fourth Amendment protections against warrantless searches and seizures extend. Specifically, the issue before the Court was “whether the warrantless seizure and search of historical cell phone records revealing the locations and movement of a cell phone user over the course of 127 days is permitted by the Fourth Amendment.”
On appeal before the Sixth Circuit, a divided three-judge panel held that “no search occurred under the Fourth Amendment because Carpenter had no reasonable expectation of privacy in cell phone location records held by his service provider.” The prosecution contended that cell-phone users “presumably understand that their phones convey data to their service providers as a necessary incident of making or receiving calls.
McCarthy Institute Moves to Golden Gate University
Get PDFThis fall, Golden Gate University launched a new effort to assist its students in securing jobs in the technology sector by acquiring the prestigious McCarthy Institute. The Institute is jointly sponsored by the university’s law and business schools
Ninth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights with chief Judge Sidney R. Thomas
No full textNinth Annual Chief Justice Ronald M. George Distinguished Lecture: Judicial Insights with chief Judge Sidney R. Thomas.https://digitalcommons.law.ggu.edu/ron_george_image_gallery/1008/thumbnail.jp
Wounded Warrior Survivors: A Study of the Transition of Female Active-Duty Military Sexual Trauma Survivors from the Department of Defense to the Department of Veterans Affairs
Get PDFFourteen-thousand nine-hundred active-duty United States military men and women said they were sexually assaulted in fiscal year 2016. When these survivors of military sexual assault (MSA) end their active-duty military service, they transition from being managed by the Department of Defense (DoD) to the Department of Veterans Affairs (VA). A seamless transition from the DoD to the VA is key to a survivor’s continuum of care. This study examines the exit from active-duty military service to the entrance into the VA system for female survivors of MSA. The data for this study was collected using structured interviews with a survivor, and key subject matter experts in the DoD, VA, and Transition Assistance Program (TAP). Additionally, a survey of female active-duty and veterans was conducted to learn more about their personal experiences with the DoD, VA and sexual assault. Relevant scholarly literature and practitioner studies were checked to examine the MST phenomenon; the DoD’s efforts to prevent and respond to MSA; and DoD, TAP and VA outreach programs and processes for exiting active-duty service female MSA survivors, some of whom have developed military sexual trauma (MST) and post-traumatic stress disorder (PTSD) from their sexual assault experiences. The goal of this research is to provide recommendations to key decision-makers at the DoD and VA on ways to guarantee exiting active-duty service female MST survivors receive the VA’s permanent, no-cost MST medical benefits, support and services
Morning Session
Get PDF• Master of Ceremonies: Dr. Remigius Chibueze, Adjunct Professor of Law, Golden Gate University
• Opening Remarks: Dr. David Fike, President, Golden Gate University • Welcome Remarks: Anthony Niedwiecki, Dean, School of Law, Golden Gate University
• Introduction of Keynote Speaker Professor Kwame Mfodwo: Professor Dr. Christian Nwachukwu Okeke, Director, The Sompong Sucharitkul Center for Advanced International Legal Studies and Chair of the Symposium
