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Full-Text Articles in Law
How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation, Stacey Leffler Ravetta
How Many Times Must The Question Be Answered? The Application Of The Learned Intermediary Doctrine In The Norplant Contraceptive Products Liability Litigation, Stacey Leffler Ravetta
Golden Gate University Law Review
This Note begins with a general discussion of failure to warn causes of action and the application of the learned intermediary doctrine thereto. Further, Part II discusses cases essential to understanding the background of the Norplant Litigation. Next, Parts III and IV explain the facts and procedural history underlying the Norplant Litigation. Part V first examines the federal district court's analysis of the case. It then discusses the Fifth Circuit's analysis of the federal district court's summary judgment ruling in AHP's favor. Part VI examines the federal district court's pivotal decision to apply the learned intermediary doctrine to the plaintiffs' …
From Playpens To Prisons: What The Gang Violence And Juvenile Crime Prevention Act Of 1998 Does To California's Juvenile Justice System And Reasons To Repeal It, Sara Raymond
Golden Gate University Law Review
This comment will explore the most significant changes that the Gang Violence and Juvenile Crime Prevention Act (GVJCPA) made to California's juvenile justice system. It will also discuss and propose alternative methods to curb juvenile crime. Part II will examine the juvenile justice system, including the context in which it was created, and juvenile crime across the country. It will then discuss how courts, legislatures, and local governments have confronted the changing nature of juvenile crime, focusing on efforts in California. Part II will also include an introduction to the GVJCPA. Part III will discuss the most important changes that …
California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
California's Incarcerated Mothers: Legal Roadblocks To Reunification, Heidi Rosenberg
Golden Gate University Law Review
This comment will provide statistical information regarding the increase in the number of mothers incarcerated in the United States. Part II will then use California as an example, providing statistical information and a detailed account of the judicial proceedings that an incarcerated mother must adhere to in order to reunite with her children. It will then provide a case example, using In re Precious J. v. Contra Costa County Department of Social Services, which demonstrates how the proceedings actually work.18 In re Precious is a 1996 California case that chronicles the difficulties imposed on a mother and child when a …
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
The "Cure" That Harms: Sexual Orientation-Based Asylum And The Changing Definition Of Persecution, Alan G. Bennett
Golden Gate University Law Review
This note will discuss the history of sexual orientation-based asylum law. Further, it will outline the statutory requirements for asylum, explain the legal procedure of gaining asylum, and discuss the case law recognition of lesbians and gay men as "a particular social group." In addition, it will address the standards and definitions of persecution.
Defining Employer Liability: Toward A Precise Application Of Agency Principles In Title Vii Sexual Harassment Cases, Jennifer T. Dewitt
Defining Employer Liability: Toward A Precise Application Of Agency Principles In Title Vii Sexual Harassment Cases, Jennifer T. Dewitt
Golden Gate University Law Review
This note discusses applicable principles and law in sexual harassment cases, including Title VII, Equal Employment Opportunity Commission Guidelines, agency principles, and case law that illustrate two primary approaches taken by the courts in determining the standard for employer liability. This section also discusses relevant portions of the first Supreme Court case to address sexual harassment under Title VII. Section III discusses the facts that gave rise to EIlerth's sexual harassment claims. Section IV discusses the procedural history of Ellerth's case, including the district court's decision, the decision of the Seventh Circuit panel that heard Ellerth's appeal and the en …
Beyond Wrongful Adoption: Expanding Adoption Agency Liability To Include A Duty To Investigate And A Duty To Warn, Jennifer Emmaneel
Beyond Wrongful Adoption: Expanding Adoption Agency Liability To Include A Duty To Investigate And A Duty To Warn, Jennifer Emmaneel
Golden Gate University Law Review
This note discusses the evolution of the tort of wrongful adoption. At first, state courts would only allow adoptive parents to recover for wrongful adoption if they could prove that the adoption agency's conduct constituted fraud, a common law tort that requires the adoption agency's conduct to be intentional. In time, public policy interests, such as the need for adoptive parents to be emotionally and financially prepared to raise a special needs child, persuaded state courts to allow adoptive parents to recover under the less stringent tort of negligence. As opposed to fraud, a showing of negligence does not require …
Preface, Christine B. Gregson
California's Antistalking Statute: The Pivotal Role Of Intent, Christine B. Gregson
California's Antistalking Statute: The Pivotal Role Of Intent, Christine B. Gregson
Golden Gate University Law Review
Since 1990, prosecutors have learned that in order to effectively protect victims, antistalking laws must be broad in scope, carry substantial penalties, and pass constitutional muster. Convicted stalkers have repeatedly attacked the law as unconstitutional. All such challenges have failed. However, the California legislature has clarified and strengthened the antistalking law through a series of revisions over the past eight years.s Today, the antis talking law is broad in scope and has repeatedly passed constitutional scrutiny. However, the level of intent that the antistalking statute currently requires could pose problems for prosecutors by allowing accused stalkers to escape liability by …
Eastern Men, Western Women: Coping With The Effects Of Japanese Culture In The United States Workplace, Becky Kukuk
Eastern Men, Western Women: Coping With The Effects Of Japanese Culture In The United States Workplace, Becky Kukuk
Golden Gate University Law Review
This article examines the kaigaitenkinsha's effects on women employees in the U.S. workplace and recommends solutions to mitigate their potentially discriminatory impact. Part II, Section A, surveys the kinds of sex discrimination that women encountered at Japanese companies aside from those alleged at Mitsubishi. Section B reviews U.S. equal employment opportunity laws to provide a framework from which to understand U.S. women's employment rights and to compare the Japanese employment laws outlined in the next section. Section C seeks to explain why the kaigaitenkinsha discriminate against women by reviewing the history of women's employment in Japan and Japan's equal employment …
Considering Hybrid Sex And Age Discrimination Claims By Women: Examining Approaches To Pleading And Analysis - A Pragmatic Model, Sabina F. Crocette
Considering Hybrid Sex And Age Discrimination Claims By Women: Examining Approaches To Pleading And Analysis - A Pragmatic Model, Sabina F. Crocette
Golden Gate University Law Review
This Comment examines two ways in which the legal system does not adequately consider older women's claims of discrimination. The issues are presented in two conceptual groupings. The first grouping discusses how barriers to the recognition of hybrid age and sex discrimination claims are created when courts do not analyze the evidence of discrimination together as evidence of discrimination against "older women." Often, courts analyze hybrid claims of age and sex discrimination separately under Title VII and the ADEA, even when the evidence of discrimination points to a hybrid claim involving discrimination directed at a subset of a protected group, …
Radtke V. Everett: An Analysis Of The Michigan Supreme Court's Rejection Of The Reasonable Woman/Victim Standard: Treating Perspectives That Are Different As Though They Were Exactly Alike, Paul P. Dumont
Golden Gate University Law Review
This comment will discuss both the history of sexual harassment and the evolution of the reasonable woman standard in order to illustrate society's progress toward defining appropriate conduct in the work environment. Parts III- IV will present the Radtke court's argument rejecting the reasonable woman standard in favor of the reasonable person standard. Part V invokes feminist theory to critique the premises upon which the Radtke rationale is based.
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Making The Crucial Connection: A Proposed Threat Hearsay Exception, Donna Meredith Matthews
Golden Gate University Law Review
This article discusses how courts admit and exclude threat hearsay in the domestic homicide context and suggests an approach for admission of such evidence. After analyzing the current evidentiary status of the victim's statements regarding threats in homicide cases in which an apparently abusive spouse/partner is accused, I argue for adoption of a new hearsay exception that permits systematic admission of victims' statements concerning threats and violence by the accused. The victim can no longer speak for herself because she has been killed, often because the law is apparently helpless to intervene on her behalf, even when asked. Consequently, the …
Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Golden Gate University Law Review
This Comment will cover three main topics. First, this Comment will tell the story of the Charleston strike and the individual women involved. Second, this Comment will examine, through the eyes of those individuals, the unique ways in which race and gender come together to create unique circumstances that deserve legal consideration. For both of these sections, I use the women's own voices to illustrate and reinforce substantive points. Third, this comment will describe the 10-day strike notice provision, examining how it would have affected the Charleston workers had it been enacted in 1969 during the time of the strike. …
The Claims Of Women Of Color Under Title Vii: The Interaction Of Race And Gender, Mary Elizabeth Powell
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
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 …
California's Conclusive Presumption Of Paternity And The Expansion Of Unwed Fathers' Rights, Batya F. Smernoff
California's Conclusive Presumption Of Paternity And The Expansion Of Unwed Fathers' Rights, Batya F. Smernoff
Golden Gate University Law Review
This comment begins with the history of the conclusive presumption of paternity in California, from its common law roots to its modern day affirmation in Michael H. v. Gerald D. This background will discuss the adoption of the Uniform Parentage Act in California and its application in paternity proceedings. In an effort to advocate the need for its repeal, this comment will also discuss the modem trend in the California courts to circumvent the conclusive presumption. The comment concludes that this rebuttable presumption enables an unwed father to establish his parental rights regardless of the mother's marital status. By protecting …
Anderson V. Edwards: Can Two Live More Cheaply Than One? The Effect Of Cohabitation On Afdc Grants, Irma S. Jurado
Anderson V. Edwards: Can Two Live More Cheaply Than One? The Effect Of Cohabitation On Afdc Grants, Irma S. Jurado
Golden Gate University Law Review
This note will first discuss the background of the AFDC program and how it is regulated by the federal and state governments. A discussion of several lower federal and state court decisions which have dealt with the issue presented to the United States Supreme Court in Anderson v. Edwards will follow. Next, this note will examine the Court's analysis and holding in Anderson. The note concludes with the author's assessment as to why the holding in Anderson was correct.
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards
Golden Gate University Law Review
This comment will show that courts have construed the "force" element to exclude a broad range of coercive conduct. This application perpetuates rape myths and enables assailants to use a broad range of force without the act being legally recognized as "rape." Part I explains the development of rape jurisprudence to illustrate how the law has evolved to emphasize the "force" element. Part II examines rape myths that affect the courts' application of the "force" element. The purpose of this section is to dispel the "violent stranger" rape myth and to illustrate that the most typical "force" used by perpetrators …