Law Commons^™

Lajoie V. Thompson: Does The Ninth Circuit Grant Young Victims Less Protection Under Rape Shield Statutes?, Crystal Dykman

Golden Gate University Law Review

In LaJoie v. Thompson, the Ninth Circuit held that the trial court's preclusion of evidence regarding the victim's prior sexual abuse by others as a sanction for LaJoie's failure to comply with the 15-day notice requirement in Oregon's rape shield law violated LaJoie's Sixth Amendment rights. The Ninth Circuit further held that the preclusion of this evidence regarding the prior sexual abuse of the victim warranted habeas relief. In Part II, this Note discusses LaJoie's facts and procedural history. Part III outlines the history of the Habeas Corpus statutes and discusses the Oregon and Federal rape shield statutes, with an …

Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell

Legislation and Policy Brief

To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.

“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan

Legislation and Policy Brief

This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …

“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin

Legislation and Policy Brief

In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …

The Limits Of Presidential Recess Appointment Power, Michael Mcnerney

Legislation and Policy Brief

The purpose of this article is to examine the constitutional, legislative, and traditional authority of the President to make recess appointments. The second section discusses the background of the current debate by framing the issue in the context of recent controversial appointments. The third section examines the constitutional language and common law interpretation of the President’s authority. The fourth section looks at appointment power legislation passed by Congress. The fifth section provides parliamentary and legislative recommendations for Congress to act upon to keep its authority. The article concludes by providing a final examination of the reason for a limited presidential …

Section 8: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 7: Individual Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Exercising The Right To Self-Representation In United States V. Farhad: Issues In Waiving A Criminal Defendant's Sixth Amendment Right To Counsel, Kenneth R. Sogabe

Golden Gate University Law Review

Though all U.S. courts recognize the right to self-representation as a result of the Supreme Court's decision in Faretta, constitutional and procedural issues affect its effective implementation. This note explores the Sixth Amendment's right to waive counsel and its effect on a criminal defendant's Fifth Amendment right to receive a fair trial. The Ninth Circuit's decision in Farhad is critiqued on two issues: first, the failure to address standby counsel in sharing duties of representation with the defendant; and second, the court's failure to address Farhad's lack of access to the means of developing his case. Lastly, this note proposes …

United States V. Covarrubias: Does The Ninth Circuit Add To The Ambiguity Of The Inextricably Intertwined Exception?, Holly Larsen

Golden Gate University Law Review

This Note discusses Covarrubias' facts and procedural history. Part III outlines the history of the Sixth Amendment right to counsel, with an emphasis on the inextricably intertwined exception. Part IV analyzes the Ninth Circuit's reasoning in Covarrubias. Part V critiques this reasoning in light of the strong presumption against the finding of the application of the inextricably intertwined exception. Finally, Part VI concludes that the Ninth Circuit properly suppressed the defendant's incriminating statements obtained by I.N.S. Agent Gonzalez, but would have set forth a stronger position had the Ninth Circuit evaluated in addition, or, in the alternative, under the circumvention …

Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton

Golden Gate University Law Review

In Colacurcio v. City of Kent, the United States Court of Appeals for the Ninth Circuit held that the City of Kent's Ordinance 3221, which required nude dancers to perform at least ten feet from patrons, did not violate the First Amendment of the United States Constitution. The court found that, as a matter of law, the Kent ordinance was content-neutral and the ten-foot distance requirement was narrowly tailored and left open ample alternative avenues for communication of protected expression.

September 23, 2010: Why Global Warming Cannot Be Happening, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why Global Warming Cannot be Happening“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake

Luke A. Wake

In legal academia, there are various claims as to the proper role of the courts and the standard of review to be employed in evaluating claims of right. These competing judicial philosophies have been the subject of great debate in recent years. Yet underlying these debates is the question of rights and whether men are entitled, in justice, to assurances of personal autonomy, or whether the concept of rights is a mere legal fiction.

In a recent article in the Journal of Law and Philosophy, Evan Fox-Decent argues that individuals are entitled, at a minimum, to certain guarantees of bodily …

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Congressional Testimony

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …

República E Justiça Social, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Será a República socialmente indiferente? Algumas experiências concretas (e desde logo a I República portuguesa) levaram alguns, sobretudo mais adeptos de transformações mais profundas e violentas, a criticar o republicanismo por contrário à Justiça Social, ou, pelo menos, como muito tímido nessa matéria. Mas será que a República é, por natureza, anti-social, a-social ou mesmo conservadora? Não nos parece...

After The Crisis: Consequences, Beau James Brock

Beau James Brock

Powerpoint presentation on potential consequences of failing to properly plan and prepare for environmental incidents which may result in dire civil or criminal liability. Also, a discussion of the LDEQ and EPA upcoming enforcement directives is included.

Balanced Budget Amendment Is Dangerous Gimmick, Not Solution, Nathan B. Oman

Popular Media

No abstract provided.

Salazar V. Buono And The Future Of The Establishment Clause, Christopher C. Lund

NULR Online

Commentators often complain that Establishment Clause jurisprudence is incoherent and unprincipled. That accusation usually seems overwrought—perhaps we should not expect so much consistency from a Court that decides only the cases that come before it, holds multiple values, operates with continually changing personnel, and gives significant but unquantifiable weight to precedent. Yet of the areas of Establishment Clause litigation, this complaint carries the most force in the context of passive-display cases—cases where the government passively displays a religious symbol, like a cross or a crèche, a Ten Commandments monument, or an illuminated Bible. Here the critics have a point.

September 18, 2010: How Should A Hallowed Secularist Live: Like A Believer, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Should a Hallowed Secularist Live: Like a Believer“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Code Of Silence: Police Shootings And The Right To Remain Silent, Robert M. Myers

Golden Gate University Law Review

Two events in September 1995 gave the public a brief glimpse of law enforcement officers asserting the Fifth Amendment privilege. In the "trial of the century," Los Angeles Police Department Detective Mark Fuhrman asserted the privilege during the O.J. Simpson murder trial in response to questions concerning whether he planted evidence or provided truthful testimony. A week later, an FBI agent asserted the privilege in response to a Senate committee's inquiry concerning the shootout at Ruby Ridge, Idaho. These highly publicized exercises of the privilege are rare. For the most part, invocations of the privilege by the police are a …

The Claims Of Women Of Color Under Title Vii: The Interaction Of Race And Gender, Mary Elizabeth Powell

Golden Gate University Law Review

This comment will focus on how a single characteristic construction of Title VII has distorted and marginalized the claims of women of color. Part One illustrates how the courts initially refused to recognize the claim of interactive discrimination. Part Two explains the limited way in which courts began to recognize the interactive claims brought by women of color. Instead of seeing the plaintiffs as alleging the single entity of interactive discrimination, courts have bisected the claim into "sex plus race." Part Three focuses on the issue of women of color as adequately representing a class in a class action suit. …

Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby

Golden Gate University Law Review

Church authority to practice gender discrimination in employment decisions represents the collision of principles of religious liberty on one hand, and the need to eradicate invidious discrimination on the other. In order to secure the free exercise of religion, the First Amendment prohibits legislation which interferes with or significantly abridges religious belief or conduct. To the extent that employment decisions represent the extension of religious belief, churches have a strong claim of immunity from judicial review of their decisions. Title VII of the Civil Rights Act of 1964 thus exempts religious entities from civil liability when their discriminatory conduct is …

After United States V. Vaneaton, Does Payton V. New York Prevent Police From Making Warrantless Routine Arrests Inside The Home?, Bryan Murray

Golden Gate University Law Review

In United States v. Vaneaton the Ninth Circuit held that police did not violate the Fourth Amendment to the United States Constitution by making a warrantless arrest of a suspect who answered his door in response to their knock. The majority distinguished the case from the United States Supreme Court's holding in Payton v. New York, which ordinarily requires police to obtain a warrant before arresting a suspect inside his or her dwelling. Instead, the court found that the police did not need a warrant to arrest the suspect, even though he stood within the identifiable threshold of the doorway, …

The Constitutionality Of Mandatory, Presentence Urine Testing Of Convicted Defendants, Joshua W. Rose

Golden Gate University Law Review

In Portillo v. United States District Court for the District of Arizona, the Ninth Circuit held that mandatory presentence urine testing of a convicted defendant violates the Fourth Amendment to the United States Constitution. The court concluded that, because the particular facts of the case and the lack of information about the defendant's past drug usage did not support the district court's order, urine testing was constitutionally impermissible.

Madsen V. Women's Health Center, Inc.: The Constitutionality Of Abortion Clinic Buffer Zones, Jennifer Wohlstadter

Golden Gate University Law Review

This note will discuss the new standard introduced by the United States Supreme Court, the Court's rationale behind its introduction, and the standard's application to the facts of Madsen. Next, the author will explore how this standard will influence the decisions arid injunctions already implemented by state courts and how the standard may result in reduced protection for women's reproductive rights. Finally, the author will explain why the states' interest in protecting clinic access is strong enough to justify the continued use of buffer zones despite the stricter standard courts must apply.

American Academy Of Pediatrics V. Lungren: California's Parental Consent To Abortion Statute And The Right To Privacy, Michael Grimm

Golden Gate University Law Review

This comment will discuss the background right to privacy jurisprudence, examine the grounds under which the court of appeal decided the case, and review appellants' and respondents' arguments. Based upon the opposing parties' arguments and controlling precedent, the author will explain why the California Supreme Court should affirm the court of appeal's decision.

Constitutional Law - Board Of Natural Resources V. Brown: New York Grows Roots In Washington, Robert E. Arnold Iii

Golden Gate University Law Review

In Board of Natural Resources v. Brown, the Ninth Circuit Court of Appeals held that provisions in the Forest Resources Conservation and Shortage Relief Act violated the Tenth Amendment by compelling western states to issue regulations according to Congress' instructions. In so doing, the court recognized the ongoing vitality of the Tenth Amendment as a limitation on the power of Congress to use states as instruments of federal regulation.

Constitutional Law - Vernon V. City Of Los Angeles, Et Al.: Government Employer May Investigate Employee's Religious Beliefs To Determine Whether Beliefs Affect Job Performance, Wendy L. Wilbanks

Golden Gate University Law Review

In Vernon v. City of Los Angeles, et al., the Ninth Circuit held that the city of Los Angeles' investigation of its assistant police chiefs religious beliefs did not violate his state or federal civil rights.

A Modest Appeal For Decent Respect, Jessica Olive, David C. Gray

David C. Gray

In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison without the possibility of release for nonhomicide crimes if the perpetrator was under the age of eighteen at the time of his offense. In so holding, Justice Kennedy cited foreign and international law to confirm the Court’s independent judgment. In his dissent, Justice Thomas recited now-familiar objections to the Court’s reliance on these sources. Those objections are grounded in his originalist jurisprudence. In this short invited essay, which expands on prior work, we argue that Justice Thomas should abandon these …

Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung

Law Faculty Advocacy

No abstract provided.

Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield

Alan E Garfield

No abstract provided.