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    Legislative Change Proposal, California Judicial Elections

    Dear Governor Newsom and California legislators: I write to suggest that you initiate a legislative change of Section 13107 of the California Election Code. The 2018 change of the Code made it virtually impossible for anyone but prosecutors (“deputy district attorneys”, hereinafter “DDAs”) and certain other government attorneys to become elected judges. This is highly inequitable for other types of candidates and thus democratically undesirable. This issue requires urgent attention. A legislative change would have no fiscal effect. Recommendation: Section 13107 should be changed so that only the ballot designation “attorney at law” can be used by anyone running for office. Allowing DDAs and others already in government employ to continue using both their full titles and locations (e.g. “Maria…

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    Money For Nothing

    In a recent case, lenders lent $1.8 million to borrowers, who defaulted.  The parties settled all contractual and other claims for $2.1 million.  The parties also executed a stipulation for entry of judgment which the lender could file ex parte in the event of any failure by the borrower to timely cure any non-payment.  However, this stipulation also stated that in the event of default, the borrowers would be liable to pay $2.8 million plus interest to the lender.  The California appellate court found that $700,000, which corresponded to six months’ interest on the entire principal loan, bore no reasonable relationship to the range of actual damages the parties could have anticipated from a breach of the settlement agreement and…

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    Law Review Articles

    Trophy Hunting Contracts: Unenforceable for Reasons of Public Policy

    Abstract In “trophy hunting” agreements, wealthy individuals, typically from the Global North, pay locals such as guides or landowners, typically in the Global South, to assist with the planned hunt of rare — if not outright threatened or endangered — species such as lions, polar bears, black rhinoceroses, and giraffes for a fee as a private contractual arrangement. A well-known example is the kill of “Cecil the Lion” in the summer of 2015. American dentist Walter Palmer paid local Zimbabweans $55,000 for their assistance. In other cases, hunters have obtained government permits to kill and import a rare animal. Allegedly, trophy hunts contribute to local economies and can help raise money and awareness for species conservation. However, serious doubt has…