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Considering Affective Consideration, Hila Keren
Considering Affective Consideration, Hila Keren
Golden Gate University Law Review
Focusing on the interaction of law and emotions, this Article unfolds in three parts. Part I illuminates the connection between the affective background of donative promises and their modem unenforceability. It hypothesizes that rejecting promises that are not supported by consideration can be seen as an effort to distance law from any association with irrational decisionmaking and to disassociate it from "emotional" spheres. Part II seeks to correct the erroneous way affective giving has been perceived by law in the gifts context. The law must carefully analyze each relevant emotion concretely and separately, rather than treating emotion as an undifferentiated …
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Golden Gate University Law Review
Part I of this comment explains the attorney-client privilege and the waiver doctrine and demonstrates the important role the privilege plays in our legal system. It shows why, according to the DOJ charging policy, waiver of the privilege is often needed during corporate investigations. It also addresses how the charging policy erodes the privilege in the corporate context, thereby creating governance problems for corporations. Part II provides legal definitions and standards for coerced waivers to show that the choice corporations must make between waiving the privilege or increasing their risk of indictment does not meet any legal test for coercion. …
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Golden Gate University Law Review
The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international …
Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy
Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy
Golden Gate University Law Review
Part I of this Comment provides a brief description of various provisions of California's trade secret law, the Uniform Trade Secrets Act ("UTSA"). Part II analyzes the various categories of trade secret users who may become liable for unauthorized publication of a trade secret. Part ill examines the distinct approaches of the United States Supreme Court and the California Supreme Court in granting preliminary injunctions against third party publication of confidential information. Part IV identifies the features of a newsworthy- public-concern exception to the grant of preliminary injunctions against third party publishers in trade secret cases. Part V provides justification …
Senate Bill 1413: The Answer To Senate Bill 60 Plebiscite And Its Constitutionality Under The Inherent Powers Doctrine, Tamara Hill
Golden Gate University Law Review
This Comment will examine the evolution of the California State Bar, its intended purpose and the reasons for which its structure is currently under attack. It will also discuss the respective roles of the California Legislature and California Supreme Court in regulating the legal profession under the Inherent Powers Doctrine. Moreover, this Comment will analyze whether the attempt by California Legislature to restructure the State Bar, using SB 1413, is constitutional under the Inherent Powers Doctrine by applying the two-part test established in Brydonjack v. State Bar of California. Finally, this Comment concludes that SB 1413 is constitutional under the …
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
Golden Gate University Law Review
This Comment will begin by examining the facts and procedural history of the Hopwood case. It will discuss background information relevant to understanding affirmative action and the precedent used by the Fifth Circuit, most notably the Bakke decision. This Comment will also examine the application of affirmative action in higher education admissions policies. It will evaluate the Fifth Circuit's reasoning for contradicting Bakke when the Fifth Circuit concluded that racial considerations are impermissible in admission plans in higher education. Finally, this Comment proposes that the Fifth Circuit was hasty in rendering its conclusion.
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
Golden Gate University Law Review
This afternoon I want to discuss what would be the impact of eliminating affirmative action. To do this, I want to focus on what I see as the myths of affirmative action and then the realities of affirmative action. I believe that the popular discussion of this important and divisive topic is very much distorted by certain myths. I would identify for you three myths of affirmative action.
Introduction Of Elaine R. Jones, The Hon. Thelton Henderson
Introduction Of Elaine R. Jones, The Hon. Thelton Henderson
Golden Gate University Law Review
No abstract provided.
Are Rule 26(C) Protective Orders Viable Against Grand Juries? The Ninth Circuit Rejects Balancing Test In Favor Of A Per Se Rule: United States V. Janet Greeson's A Place For Us (In Re Grand Jury Subpoena Served On Meserve), Dane L. Steffenson
Golden Gate University Law Review
This comment compares the Fourth, Eleventh, and Ninth Circuits' per se rule with the Second Circuit's balancing approach. It concludes that the courts adopting the per se rule made unwarranted findings by overstating the reach of protective orders by construing them as improper "de facto" grants of immunity. The courts also understated the retained power of a grand jury by declining to recognize that even when a protective order exists, a grand jury can still call witnesses, have a court compel testimony, or use leaked information for prosecution even though it is sealed.s Further, these courts could have applied a …
Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill
Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill
Golden Gate University Law Review
In Casey v. Lewis, the Ninth Circuit held that a prisoner's Fourteenth Amendment rights of meaningful access to the courts are not violated when he is prohibited from contact visitation with his attorney under an Arizona prison regulation. The Ninth Circuit requires prisoners to demonstrate the unreasonableness of a prison regulation which infringes upon their constitutional rights. Further, the court approves an adequate law library as an alternative to attorney-client visits to satisfy a prisoner's Fourteenth Amendment rights of meaningful access to the courts, discounting counsel's indispensable services to a prisoner.
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
Golden Gate University Law Review
This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin decision, …
Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin
Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin
Golden Gate University Law Review
This article will examine the development of the standard for eighth amendment review used in cases challenging the conditions of confinement before and after Wilson. It will begin with a examination of the interpretations of the cruel and unusual punishment clause in the Supreme Court. This article will then analyze the objective standard for eighth amendment review as applied by the Ninth Circuit Court of Appeals in prison condition cases. After an analysis of the subjective standard for eighth amendment review established in Wilson v. Seiter, the article will survey how the Ninth Circuit and other circuits have applied this …
Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney
Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney
Golden Gate University Law Review
This comment will explore the origins of dram shop liability and server training's evolution from liquor liability laws. The comment will also survey existing server training laws, identify the goals of server training and discuss the obstacles facing the movement.
Federal Practice And Procedure, Craig A. Burnett, Susan Shors, Richard B. Shikman
Federal Practice And Procedure, Craig A. Burnett, Susan Shors, Richard B. Shikman
Golden Gate University Law Review
No abstract provided.
Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam
Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam
Golden Gate University Law Review
No abstract provided.
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker
Golden Gate University Law Review
No abstract provided.
The Role And Position Of Women In Law And Practice: Report From The International Association Of Democratic Lawyers
Golden Gate University Law Review
No abstract provided.