January 14, 2016
Six McGeorge School of Law students recently published comments in Vol. 47, Issue 1 of The University of the Pacific Law Review (UPLR).
Many student comment writers researched and composed an original scholarly work of use to the legal community, and then submitted the comment for publication. These six comments were selected by the UPLR Board of Editors.
In "Congress and Chaos: Reexamining the Role of Congress in Combating Climate Change" by Ryan Matthews, he takes a closer look at the Congress's oversight of the Federal Reserve, its formation, powers, and organization along with their vision as a model for a reinvigorated EPA.
Micah Green writes on existing frameworks in order to understand the limited scope of the regulatory jurisdiction in "Rough Waters: Assessing the Fifth Amendment Implications of California's Sustainable Groundwater Management Act." Her comment further discusses the new groundwater legislation, introducing sustainable standards as well as questions whether the Board's new ability to limit pumping implicates a takings claim.
"Foreclosing on a Crisis: How a Presumption of Public Use Could Help Courts Decide Whether Eminent Domain of Underwater Mortgages is Beneficial" provides a legal background into both Midkiff and Kelo, two relevant cases under public and government use backed by the Fifth Amendment. Jenifer Gee, the author of the comment, advances the piece with the application of the public use requirement to satisfy the seizing of a mortgage. Gee addresses implications of a presumption of public purpose for cities, homeowners, and lenders; she also offers a rebuttal presumption.
After a thorough explanation of the historical and legal overview of railroad land grants, Kayla Thayer writes on the Brandt Effect and its common law abandonment issues in her comment named "The 1875 General Railway Right of Way Act and Marvin M. Brandt Revocable Trust v. United States: Is This the End of the Line?" Kayla offers further insight into the expansion of the Railroad Purposes Doctrine to prevent abandonment and keep rights-of-way on track.
In Amit Singh's comment, titled "Accountability Matters: An Examination of Municipal Liability in § 1983 Actions," he analyzes the birth, confirmation, and modern application of the Deliberate Indifference Standard and discusses why a new standard is needed. He offers a deeper look into the Conscious Disregard Standard. Singh also suggests how there is a need for qualified immunity, how to avoid respondeat superior, and why there should be a stringent standard for imposing municipal liability in § 1983 Actions.
In Alisa Pinarbasi's "Stop Hamburglaring Our Wages: The Right of Franchise Employees to Union Representation," she describes the purpose and effects of the National Labor Relations Act followed by an explanation of why the NLRA should regulate the Business-Format Model. She concludes with an analysis of the Joint Employer Doctrine.
The University of the Pacific Law Review is an entirely student-run journal that publishes four issues annually. Two of these issues include articles written by law review staff. Membership on the law review includes not only the opportunity for publication in the journal but also provides students with intensive, high-quality editing and research instruction. Learn more >