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Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Golden Gate University Law Review
Part I provides a background of federal DNA testing legislation, the Fourth Amendment implications of DNA testing and two DNA testing cases leading up to the U.S. v. Kincade decision. Part II analyzes the plurality and dissenting opinions of the U.S. v. Kincade decision. Part III argues that the plurality's balancing test has a potential for inappropriate application. Finally, Part IV concludes that the Kincade balancing test should be narrowly applied as precedent after a meaningful balancing of interests, and not as a facade for ever-expanding government interests.
Gay Men And Lesbians Down By Law In The 1990'S Usa: The Continuing Toll Of Bowers V. Hardwick, Mary C. Dunlap
Gay Men And Lesbians Down By Law In The 1990'S Usa: The Continuing Toll Of Bowers V. Hardwick, Mary C. Dunlap
Golden Gate University Law Review
This Article will take a look at these developments and will review the progress, stasis and backsliding of the movement for gay/lesbian civil rights, since (although not necessarily because of nor despite) the Supreme Court's decision of the Hardwick case. A review of all gay/lesbian rights cases decided since Hardwick is not contemplated here, even were such an enterprise practicable. Instead, this article attempts an exploration of some cases and situations in the layered social, psychological and political context in which these legal phenomena are occurring. The purpose is to determine what lessons we have learned in the years since …
Baehr V. Lewin: Hawaii Takes A Tentative Step To Legalize Same-Sex Marriage, Marty K. Courson
Baehr V. Lewin: Hawaii Takes A Tentative Step To Legalize Same-Sex Marriage, Marty K. Courson
Golden Gate University Law Review
In Baehr v. Lewin, the Supreme Court of Hawaii sparked a controversy that has potential nationwide implications. The court held that three same-sex couples were entitled to an evidentiary hearing to determine if the State can demonstrate that denying the couples the right to marry under the Hawaii Marriage Law furthers compelling state interests. If the State fails its burden, it can no longer refuse marriage licenses to couples merely on the basis that they are of the same sex. Should this occur, gay marriages will become legal in Hawaii.
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges
Capturing The Judiciary: Carhart And The Undue Burden Standard, Khiara M. Bridges
Washington and Lee Law Review
In Planned Parenthood of Southeastern Pennsylvania v. Casey,' the Supreme Court replaced the trimester framework, first articulated nineteen years earlier in Roe v. Wade,2 with a new test for determining the constitutionality of abortion regulations-the "undue burden standard."3 The Court's 2007 decision in Gonzales v. Carhart 4 was its most recent occasion to use the undue burden standard, as the Court was called upon to ascertain the constitutionality of the Partial-Birth Abortion Ban Act, a federal statute proscribing certain methods of performing second- and third-trimester abortions.5 A majority of the Court held that the regulation was constitutionally permissible, finding that …