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Articles 61 - 87 of 87

Full-Text Articles in Law

Constitutional Law, Maureen Mullane Sep 2010

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 Sep 2010

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 Sep 2010

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 Sep 2010

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 Sep 2010

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 Sep 2010

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 Sep 2010

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 Sep 2010

Constitutional Law, James Gaspich, Blaise Curet

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Mitchell L. Posin, Chris Bluemle, Steven H. Rosenthal Sep 2010

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 Sep 2010

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 …


New York V. Ferber: Compelling Extension Of First Amendment Infringement, Jon M. Bloodworth Iii Sep 2010

New York V. Ferber: Compelling Extension Of First Amendment Infringement, Jon M. Bloodworth Iii

Golden Gate University Law Review

This note seeks both to define the particular forms of expression involving juveniles which, according to the Court, do not warrant constitutional protection, and to question the Court's rationale in setting precedent which narrows the scope of the first amendment.


Constitutional Law, Robert Lowney Sep 2010

Constitutional Law, Robert Lowney

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Jeff Kirk, Robert E. Kroll, James D. Fisher, Jacqueline Martinez Sep 2010

Constitutional Law, Jeff Kirk, Robert E. Kroll, James D. Fisher, Jacqueline Martinez

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Brian Beverly, Curtis E. Blystone Sep 2010

Constitutional Law, Brian Beverly, Curtis E. Blystone

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Maxine Salzman, Wayne B. Chew Aug 2010

Constitutional Law, Maxine Salzman, Wayne B. Chew

Golden Gate University Law Review

No abstract provided.


Robins V. Pruneyard Shopping Center: Federalism And State Protection Of Free Speech, Suzanne Sherbell Aug 2010

Robins V. Pruneyard Shopping Center: Federalism And State Protection Of Free Speech, Suzanne Sherbell

Golden Gate University Law Review

No abstract provided.


Aftermath Of Herbert V. Lando: Will Lower Courts Create Another Qualified Newsman's Privilege?, Douglas I. Horngrad Aug 2010

Aftermath Of Herbert V. Lando: Will Lower Courts Create Another Qualified Newsman's Privilege?, Douglas I. Horngrad

Golden Gate University Law Review

No abstract provided.


California's Anti-Busing Amendment: A Perspective On The Now Unequal Equal Protection Clause, Jo Anne Frankfurt, Amy Rodney Aug 2010

California's Anti-Busing Amendment: A Perspective On The Now Unequal Equal Protection Clause, Jo Anne Frankfurt, Amy Rodney

Golden Gate University Law Review

No abstract provided.


Can The State Bear A Cross?: The Boundaries Of The Establishment Clause, Lucien S. Salem, Ronald M. Schwartz Aug 2010

Can The State Bear A Cross?: The Boundaries Of The Establishment Clause, Lucien S. Salem, Ronald M. Schwartz

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Bonnie Maly Aug 2010

Constitutional Law, Bonnie Maly

Golden Gate University Law Review

No abstract provided.


A Litigation Strategy On Behalf Of The Outstanding High School Female Athelete, Donna J. Hitchens Aug 2010

A Litigation Strategy On Behalf Of The Outstanding High School Female Athelete, Donna J. Hitchens

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Andra M. Pearldaughter Aug 2010

Constitutional Law, Andra M. Pearldaughter

Golden Gate University Law Review

No abstract provided.


Constitutional Law, Cynthia K. Duncan Aug 2010

Constitutional Law, Cynthia K. Duncan

Golden Gate University Law Review

No abstract provided.


Probable Cause For Pretrial Detention: Does Gerstein V. Pugh Adequately Insure Its Existence?, Stephen D. Winter Aug 2010

Probable Cause For Pretrial Detention: Does Gerstein V. Pugh Adequately Insure Its Existence?, Stephen D. Winter

Golden Gate University Law Review

No abstract provided.


Judicial Control Of Pretrial And Trial Publicity: A Reexamination Of The Applicable Constitutional Standards, Kathryn Houck Sturm Aug 2010

Judicial Control Of Pretrial And Trial Publicity: A Reexamination Of The Applicable Constitutional Standards, Kathryn Houck Sturm

Golden Gate University Law Review

No abstract provided.


Robinson At Large In The Fifty States: A Continuation Of The State Bills Of Rights Debate In The Search And Seizure Context, Perry A. Schaffer, Richard D. Harmon, Terry J. Helbush Aug 2010

Robinson At Large In The Fifty States: A Continuation Of The State Bills Of Rights Debate In The Search And Seizure Context, Perry A. Schaffer, Richard D. Harmon, Terry J. Helbush

Golden Gate University Law Review

No abstract provided.


Constitutional Law Aug 2010

Constitutional Law

Golden Gate University Law Review

No abstract provided.