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Articles 61 - 90 of 108
Full-Text Articles in Entire DC Network
Constitutional Law - United States V. James Daniel Good Property: Government Obligations And Due Process Requirements In Civil Forfeiture Proceedings, Kevin T. Hunsaker
Constitutional Law - United States V. James Daniel Good Property: Government Obligations And Due Process Requirements In Civil Forfeiture Proceedings, Kevin T. Hunsaker
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Zobrest V. Catalina Foothills School District: Should The Wall Between Church And State Come Crumbling Down? Funding Sign Language Interpreters And The First Amendment, Judith Sharon Rosen
Constitutional Law - Zobrest V. Catalina Foothills School District: Should The Wall Between Church And State Come Crumbling Down? Funding Sign Language Interpreters And The First Amendment, Judith Sharon Rosen
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Lipscomb V. Simmons: State Foster Care Funding For Non-Relatives Only, Social Welfare Or Parens Patriae, David Peterson
Constitutional Law - Lipscomb V. Simmons: State Foster Care Funding For Non-Relatives Only, Social Welfare Or Parens Patriae, David Peterson
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn
Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn
Golden Gate University Law Review
No abstract provided.
Constitutional Law - United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By The First Amendment, Christine C. Pagano
Constitutional Law - United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By The First Amendment, Christine C. Pagano
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Burdick V. Takushi: Upholding Hawaii's Ban On Write-In Voting, Elizabeth E. Deighton
Constitutional Law - Burdick V. Takushi: Upholding Hawaii's Ban On Write-In Voting, Elizabeth E. Deighton
Golden Gate University Law Review
No abstract provided.
Constitutional Law - International Brotherhood Of Teamsters, V. Department Of Transportation: The Fourth Amendment, Another Victim Of The War On Drugs, Judith S. Rosen
Constitutional Law - International Brotherhood Of Teamsters, V. Department Of Transportation: The Fourth Amendment, Another Victim Of The War On Drugs, Judith S. Rosen
Golden Gate University Law Review
No abstract provided.
The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin
The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin
Golden Gate University Law Review
In order to determine the constitutionality of California's parental consent statute, this article will first discuss the implications of Roe. Second, this article will analyze United States Supreme Court decisions which have addressed parental consent statutes. Third, this paper will demonstrate that California's parental consent statute would be considered constitutional under the Supreme Court cases which have addressed such statutes. Fourth, this paper will consider the implications of California's state constitution. Based on this analysis, this paper will establish that despite a finding of constitutionality under federal law, California's parental consent statute appears to violate the express right to privacy …
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Golden Gate University Law Review
The specific factual issue addressed in this article is whether the federal waiver standards announced in Connelly require California courts, absent police coercion, to admit the confession of a learning disabled juvenile who waives Miranda rights yet lacks sufficient cognitive ability to understand the rights and consequences of waiving them.
Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson
Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Times Mirror Company V. United States: Media's Request For Public Access To Pre-Indictment Search Warrant Materials Denied, Patricia L. Connolly
Constitutional Law - Times Mirror Company V. United States: Media's Request For Public Access To Pre-Indictment Search Warrant Materials Denied, Patricia L. Connolly
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Qualified Immunity For Ins Church-Busters? Presbyterian Church (Usa) V. United States, Michael E. Banister
Constitutional Law - Qualified Immunity For Ins Church-Busters? Presbyterian Church (Usa) V. United States, Michael E. Banister
Golden Gate University Law Review
This note will focus on the court's holding that the individual agents are qualifiedly immune from damages suits based on the churches' claim that their right to the free exercise of religion under the first amendment was violated.
The Lemon Test And The Establishment Clause: A Proposal For Modification, Michael Barnes
The Lemon Test And The Establishment Clause: A Proposal For Modification, Michael Barnes
Golden Gate University Law Review
The separation of church and state, as contemplated by the First Amendment, has given rise to a troubling line of cases interpreting the Establishment Clause. In 1971, the United States Supreme Court fashioned a test for deciding these cases in Lemon v. Kurtzman. Previous Establishment Clause holdings were synthesized into a three-pronged analysis. "First, the statute must have a secular legislative purpose; second, its principle or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster 'an excessive government entanglement with religion.'" An act which fails to satisfy any of the three prongs …
The Establishment Clause Argument For Choice, David R. Dow
The Establishment Clause Argument For Choice, David R. Dow
Golden Gate University Law Review
Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of this essay …
Some Questions About Gender And The Death Penalty, Elizabeth Rapaport
Some Questions About Gender And The Death Penalty, Elizabeth Rapaport
Golden Gate University Law Review
No capital punishment statute classifies by gender, but it is arguable that gender bias infects the administration of capital punishment because the discretion of prosecutors, juries and judges is employed to the advantage of female murderers. Prior to Furman, capital punishment statutes typically gave sentencing authorities untrammelled discretion to mete out life or death. Although sentencing discretion has been substantially reduced in the modern death penalty regime, it remains arguable post-Furman that the sparseness of women on death row testifies to the discriminatory use of capital sentencing discretion. However, in light of the recent decision in McCleskey v. Kemp, in …
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Golden Gate University Law Review
Since 1945 the law of the United States has required the United States government to take action to promote universal observance of human rights for all without distinction as to sex. This equal rights for women law is part of the supreme law of the land, to be faithfully executed by the President and the Administration, to be enforced by the federal courts and by the courts of the several states, to be implemented by Congress, and to be obeyed by industry, reported by the media, and relied on and obeyed by the people in their daily lives. Busy practitioners …
Constitutional Law Summary, Tatiana Roodkowsky
Constitutional Law Summary, Tatiana Roodkowsky
Golden Gate University Law Review
No abstract provided.
Constitutional Law, John P. Pezone
Constitutional Law, John P. Pezone
Golden Gate University Law Review
No abstract provided.
The Constitutionality Of A Line-Item Veto: A Comparison With Other Exercises Of Executive Discretion Not To Spend, Denise C. Twomey
The Constitutionality Of A Line-Item Veto: A Comparison With Other Exercises Of Executive Discretion Not To Spend, Denise C. Twomey
Golden Gate University Law Review
This comment will explore the grounds upon which the line item veto might be constitutionally upheld. Preliminary reference will be made to the express constitutional framework within which an item veto would operate. Examination of the constitutional provisions pertaining to Congress's spending and general legislative powers and to the President's counteractive veto power provides the necessary foundation. Of more genuine significance, however, are the actual tests of the executive versus legislative power balance posed by functional equivalents of the item veto. Analysis of executive/legislative interplay in the field of spending either by the Supreme Court, or, absent that, by Congress, …
Constitutional Law, Christopher Windle
Constitutional Law, Christopher Windle
Golden Gate University Law Review
No abstract provided.
Constitutional Law, Maureen Mullane
Constitutional Law, Maureen Mullane
Golden Gate University Law Review
No abstract provided.
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Golden Gate University Law Review
This article reviews the wider legal, political and psychological consequences of the drive against "pornography". The concern of this article is that the "anti-pornography" campaign has serious and as-yet ill-considered implications for a broader category of communication, here termed "sexual speech".
Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator
Judicial Indifference To Pornography's Harm: American Booksellers V. Hudnut, Penelope Seator
Golden Gate University Law Review
This paper will evaluate the opinions of the district court and the Seventh Circuit that held that an Indianapolis ordinance violated the first amendment, with particular attention to the courts' treatment of the demonstrated harms of pornography (II). The paper argues that pornography is a practice of discrimination through which women are subordinated on the basis of sex (III). When pornography is understood in the context of social reality, it is seen as a practice of sex discrimination, just as racial segregation is understood as a practice of race discrimination when it and its meaning are seen in the context …
The Expanded Role Of School Administrators And Governing Boards In First Amendment Student Speech Disputes: Bethel School District No. 403 V. Fraser, Phoebe Graubard
The Expanded Role Of School Administrators And Governing Boards In First Amendment Student Speech Disputes: Bethel School District No. 403 V. Fraser, Phoebe Graubard
Golden Gate University Law Review
At the close of the 1986 Term the United States Supreme Court issued an opinion which expanded the authority of school administrators and governing boards in the area of first amendment student speech disputes. In Bethel School District No. 403 v. Fraser, the Court held that school authorities could discipline a student for giving a speech during a high school assembly which contained a sexual innuendo. Bethel School District represents a new direction by the Supreme Court in analyzing student speech conflicts. The Court's opinion is a departure from a protective first amendment analysis to one which permits local governing …
Restricting The Miranda Presumption And Pruning The Poisonous Tree: Oregon V. Elstad, Marte J. Bassi
Restricting The Miranda Presumption And Pruning The Poisonous Tree: Oregon V. Elstad, Marte J. Bassi
Golden Gate University Law Review
The Elstad decision is significant because the Court eliminated the fruit of the poisonous tree doctrine with regard to Miranda violations, if the secondary evidence is a subsequent confession. As a result of Elstad, before a court will apply the derivative evidence rule to the secondary evidence, a suspect in custody must prove there was actual coercion by the police when they obtained the initial statement. This Note will discuss the Elstad decision and the impact it will have on criminal procedure.
Constitutional Law, Maria Mandolini-Astengo
Constitutional Law, Maria Mandolini-Astengo
Golden Gate University Law Review
No abstract provided.
Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan
Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan
Golden Gate University Law Review
No abstract provided.
Constitutional Law, James Gaspich, Blaise Curet
Constitutional Law, James Gaspich, Blaise Curet
Golden Gate University Law Review
No abstract provided.
Constitutional Law, Mitchell L. Posin, Chris Bluemle, Steven H. Rosenthal
Constitutional Law, Mitchell L. Posin, Chris Bluemle, Steven H. Rosenthal
Golden Gate University Law Review
No abstract provided.
General Telephone Company Of The Southwest V. Falcon: Rule 23'S Application To Title Vii, Walter Cook
General Telephone Company Of The Southwest V. Falcon: Rule 23'S Application To Title Vii, Walter Cook
Golden Gate University Law Review
Currently, under the Federal Rules of Civil Procedure, courts are not required to include findings of fact and conclusions of law in orders granting or denying class certification. Because of the complex nature of the law and facts involved in class suits, this note will also suggest a requirement, possibly through amendment of the Federal Rules of Civil Procedure, that such orders make explicit, through written findings and conclusions, the factors taken into account in the court's decision. Such a requirement would aid the courts in properly applying Rule 23 to Title VII. Moreover, written findings of fact and conclusions …