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Articles 1 - 30 of 915
Full-Text Articles in Law
Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard
Kazarian V. United States Citizenship And Immigration Services: Clarifying “Extraordinary Ability” Visa Qualifications, Jaimie Bombard
Golden Gate University Law Review
In 2007, Dr. Poghos Kazarian appealed the United States Citizenship and Immigration Service’s denial of his application for an “extraordinary ability” visa. Prior to Kazarian v. US Citizenship & Immigration Services, the Ninth Circuit had never addressed the issue of how the statutory and regulatory requirements for the “extraordinary ability” visa should be interpreted. The Kazarian court determined that the regulations outlining the evidence sufficient to qualify for the “extraordinary ability” classification were extremely restrictive. The court then concluded that, since Dr. Kazarian had presented only two of the three types of evidence required to meet the eligibility criteria, the …
What's The Deference?: United States V. Hinkson Outlines A New Test For “Abuse Of Discretion”, William B. Jones
What's The Deference?: United States V. Hinkson Outlines A New Test For “Abuse Of Discretion”, William B. Jones
Golden Gate University Law Review
Prior to United States v. Hinkson, under the prevailing analysis used to determine whether the trial court had engaged in an “abuse of discretion,” there was arguably “no effective limit” on an appellate court’s power to substitute its own judgment for that of the district court. Rather, it was left to the appellate panel to decide whether it had a “definite and firm conviction that [a] mistake [had] been committed,” or whether a trial court’s factual finding was even “permissible.” But in Hinkson, an en banc panel of the Ninth Circuit took the opportunity to elaborate on the abuse-of-discretion standard. …
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Golden Gate University Law Review
United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue “to contain …
“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu
“When Can I Tase Him, Bro?”: Bryan V. Mcpherson And The Propriety Of Police Use Of Tasers, Sam W. Wu
Golden Gate University Law Review
This Case Summary begins by detailing the factual and procedural history of Bryan. Next, it outlines the “reasonable use of force” analysis of the Ninth Circuit as applied to Tasers. Finally, it concludes by briefly discussing the broad implications of Bryan, both for law enforcement and for every individual who may someday find himself or herself facing a police officer armed with a Taser.
Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein
Limits Of The Inevitable Discovery Doctrine In United States V. Young: The Intersection Of Private Security Guards, Hotel Guests, And The Fourth Amendment, Lauren Young Epstein
Golden Gate University Law Review
This Note analyzes the Young court’s opinion and the potential consequences of the majority’s cursory rejection of the government’s inevitable discovery argument. This Note also reconciles the differing applications of the inevitable discovery doctrine by the Young majority and dissent and highlights the speculative nature of employing the inevitable discovery doctrine based on the facts of Young. Part I of this Note presents the background of the case and the historical development of Fourth Amendment jurisprudence, focusing on the inevitable discovery doctrine as articulated by the Supreme Court in Nix v. Williams. Part II outlines the Young decision and analyzes …
United States V. Payton: Redefining The Reasonableness Standard For Computer Searches And Seizures, Susan A. Rados
United States V. Payton: Redefining The Reasonableness Standard For Computer Searches And Seizures, Susan A. Rados
Golden Gate University Law Review
This Note examines United States v. Payton and the issue of when it is reasonable to search a computer if it is not expressly authorized on the search warrant. Part I discusses the background facts of Payton and the Fourth Amendment. Part II analyzes why the Ninth Circuit ultimately decided Payton correctly but focused on the wrong underlying reason in its holding. The reasonableness standard for computer searches should be whether the computer “could” contain the evidence, rather than the stricter standard of “would” contain the evidence announced in Payton. However, because computers are different from traditional containers, they should …
When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo
When Children Suffer: The Failure Of U.S. Immigration Law To Provide Practical Protection For Persecuted Children, Lisete M. Melo
Golden Gate University Law Review
This Comment focuses on the need for statutory change in order to address the policy concerns of family unity and to protect asylee children. Part I looks at how the current state of immigration law stands in relation to derivative asylum claims. Part II examines how courts have interpreted current asylum law and the inconsistency and shortcomings of such judicial interpretations. Part III examines policy concerns associated with the child-parent derivative asylum issue, specifically family unity and practical child protection. Finally, Part IV makes two recommendations: 1) legislative change to current asylum law to allow derivative relief for parents of …
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Adjusting The Asylum Bar: Neguise V. Holder And The Need To Incorporate A Defense Of Duress Into The "Persecutor Bar", Melani Johns
Golden Gate University Law Review
This Comment explores the different interpretations of the "persecutor bar" among the circuits and proposes an exception for those who have persecuted others while under duress. Part I begins with the background and policy reasons behind the establishment of the persecutor bar, including the split in the courts as to how to interpret it and whether to allow the defense of duress. Part II focuses on Justice Scalia's concurring opinion in Negusie v. Holder, which summarizes and explains the arguments supporting an absolute persecutor bar. Justice Scalia posited that duress is not a defense against harming others, that asylum is …
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 …
Lost Laws: What We Can't Find In The U.S. Code, Will Tress
Lost Laws: What We Can't Find In The U.S. Code, Will Tress
Golden Gate University Law Review
This article looks at the development of the U.S. Code as the primary expression of federal statutory law and at those features which detract from its usefulness in that role. To provide background, some defmitions of terms pertaining to codes are provided, followed by a history of the U.S. Code, a description of appropriations riders as a source of uncodified law, and a look at some of the agencies that create and maintain the Code. The Analysis section discusses particular problems with the current Code. Special attention is paid to enacted law relegated to footnotes and appendices of the Code, …
California's Anti-Discrimination Legislation, Proposition 14, And The Constitutional Protection Of Minority Rights: The Fiftieth Anniversary Of The California Fair Employment And Housing Act, David B. Oppenheimer
California's Anti-Discrimination Legislation, Proposition 14, And The Constitutional Protection Of Minority Rights: The Fiftieth Anniversary Of The California Fair Employment And Housing Act, David B. Oppenheimer
Golden Gate University Law Review
Fifty years ago, in 1959, the State of California outlawed racial discrimination in employment. But it took the California Legislature four more years to prohibit racial discrimination in private housing, and the immediate response was a successful campaign by the real-estate industry to repeal the law through a voter initiative. This essay tells the story of that campaign and the courageous judicial decisions that nullified the initiative.
Overcoming Jurisdictional Obstacles To Feed-In Tariffs In The United States, John Perkins
Overcoming Jurisdictional Obstacles To Feed-In Tariffs In The United States, John Perkins
Golden Gate University Law Review
This Comment provides a brief survey of the current rules that delineate federal and state jurisdiction over electrical energy in the United States. Part II also discusses three important exceptions to these jurisdictional rules. This Comment then examines the FIT in the scheme of federal versus state jurisdiction. Part III discusses the value of the FIT and then analyzes the development of current jurisdictional rules that make state-law FITs untenable in the current legal landscape. Finally, Part IV proposes a solution in the form of a jurisdictional carve-out modeled on the Rural Electrification Act, an initiative that the federal government …
Taking The Square Peg Out Of The Round Hole: Addressing The Misclassification Of Transgendered Asylum Seekers, Ellen A. Jenkins
Taking The Square Peg Out Of The Round Hole: Addressing The Misclassification Of Transgendered Asylum Seekers, Ellen A. Jenkins
Golden Gate University Law Review
Part I provides the basic definitions and understandings this Comment will adopt within the transgender paradigm and provides an overview of United States asylum procedures and the immigration court structure. Part II discusses asylum applications based on sexual orientation and will address how subsequent cases have erroneously applied this social group to transgender applicants. Part II further highlights examples of adjudicatory issues that transgender asylum seekers may face as a result of not identifying as homosexual. Part III showcases the recognition and protection afforded to transgender plaintiffs in pivotal civil discrimination cases and, as a result, how their rights have …
The Judge As Author / The Author As Judge, Ryan B. Witte
The Judge As Author / The Author As Judge, Ryan B. Witte
Golden Gate University Law Review
The first section of this Article discusses the judge as an author. This section begins with an examination of the audience for judicial opinions and an outline of the different styles of judicial opinion writing. The second section of this Article examines the advantages and disadvantages of using literary tools to advance the law. The third section of this Article explores the role of the author as a judge. This section will study a small number of judges who, in addition to the law, maintain outside lives as authors or creative writers. Judges who fit into this category include authors …
Attorneys' Fees Awards To Contract Nonsignatories: Should Equitable Estoppel Inform The Discretion Of The Courts?, Stephen R. Ginger
Attorneys' Fees Awards To Contract Nonsignatories: Should Equitable Estoppel Inform The Discretion Of The Courts?, Stephen R. Ginger
Golden Gate University Law Review
This Article argues that, although the doctrine of estoppel has fallen into disrepute in recent cases, it is still the fairest and most equitable basis on which to adjudicate the right to attorneys' fees in non signatory cases. Part II puts the problem of nonsignatory recovery of attorneys' fees in historical context by examining the roots and rationale of the "American Rule" of attorneys' fees. Part III describes section 1717 of the California Civil Code and case law interpretation of that section. Part IV will trace the development of the doctrine permitting recovery of attorneys' fees by non signatories to …
Access To Justice In Times Of Fiscal Crisis, Chief Justice Ronald M. George
Access To Justice In Times Of Fiscal Crisis, Chief Justice Ronald M. George
Golden Gate University Law Review
Ronald M. George is the 27th Chief Justice of the California Supreme Court. He delivered this address at the Golden Gate University School of Law on October 20, 2009.
Sec V. Talbot: The "Misappropriation-Plus" Theory, Kalina Laleva
Sec V. Talbot: The "Misappropriation-Plus" Theory, Kalina Laleva
Golden Gate University Law Review
No abstract provided.
Giving Employers Guidance: The Proper Response To No-Match Letters Under Aramark Facility Services V. Service Employees International Union, Local 1877, Steffanie Bevington
Giving Employers Guidance: The Proper Response To No-Match Letters Under Aramark Facility Services V. Service Employees International Union, Local 1877, Steffanie Bevington
Golden Gate University Law Review
In Aramark Facility Services v. Service Employees International Union, Local 1877, the United States Court of Appeals for the Ninth Circuit provided some guidance to employers in receipt of a no-match letter. Finding that receipt of a no-match letter does not give an employer "constructive knowledge" that an employee is unauthorized to work in the United States, the Ninth Circuit upheld an arbitration award reinstating employees who were terminated after their employer received a no-match letter. The Ninth Circuit held that termination of the employees was unwarranted under the circumstances because the company did not have sufficient information that it …
Witt V. Department Of The Air Force Subjects "Don't Ask, Don't Tell" To Intermediate Scrutiny, Jessica L. Beeler
Witt V. Department Of The Air Force Subjects "Don't Ask, Don't Tell" To Intermediate Scrutiny, Jessica L. Beeler
Golden Gate University Law Review
"Don't Ask, Don't Tell" ("DADT") refers to the statutory U.S. policy of excluding openly homosexual individuals from serving in the military. It prohibits members of the armed forces from engaging in homosexual acts, stating that they are gay or bisexual, or openly marrying a person of the same sex. Although the constitutionality of DADT has been upheld several times in federal Court, these cases preceded the United States Supreme Court's holding in Lawrence v. Texas. In Lawrence, the Supreme Court struck down a Texas antisodomy statute as unconstitutional and declared that the private homosexual conduct targeted by the law was …
The Extension Of Privacy Rights To Workplace Text Messages Under Quon V. Arch Wireless, Heather Wolnick
The Extension Of Privacy Rights To Workplace Text Messages Under Quon V. Arch Wireless, Heather Wolnick
Golden Gate University Law Review
In Quon v. Arch Wireless Operating Co., a panel of the United States Court of Appeals for the Ninth Circuit held that a public employer violated the Fourth Amendment by searching the contents of text messages sent and received on a public employee's work-issued pager. In so holding, the Ninth Circuit found that the public employee had a reasonable expectation of privacy in the contents of the text messages, despite a formal Internet and computer policy stating otherwise. Relying on the two-part O'Connor test for public-employer searches, the court found that the search was more intrusive than necessary to determine …
Out The Smokestack: Retooling California's Marine Vessel Rules For Federal Authorization, Seth Mansergh
Out The Smokestack: Retooling California's Marine Vessel Rules For Federal Authorization, Seth Mansergh
Golden Gate University Law Review
To illustrate how California can effectively regulate the emissions from auxiliary engines on ocean-going vessels, Part I will provide an overview of California's regulatory authority in this area. It will then illustrate how CARB responded to the harms caused by the regulatory failures at the international and national level with the Marine Vessel Rules. Part II provides an overview of the Marine Vessel Rules and the procedural history that led to the Ninth Circuit's decision in Pacific Merchant. Part III examines the reasoning of Pacific Merchant in determining the Marine Vessel Rules were a preempted emission standard. Part IV discusses …
Natural Resources Defense Council V. Environmental Protection Agency: A Call For Evenhanded Application Of The Clean Water Act Of 1972, Mary Lim
Golden Gate University Law Review
In Natural Resources Defense Council v. EPA ("NRDC v. EPA"), the Natural Resources Defense Council ("NRDC") challenged the EPA's permit exemption for oil and gas construction sites as a violation of the CWA, claiming that the exemption was inconsistent with the CWA's goal of protecting the nation's waters. The United States Court of Appeals for the Ninth Circuit held that the EPA's rule was arbitrary and capricious in light of the EPA's consistent, long-standing position of requiring permits for sediment discharges. In addition, the Ninth Circuit supported its reasoning with the fact that Congress did not specifically mention the term …
Dissent, Judge William A. Fletcher
Dissent, Judge William A. Fletcher
Golden Gate University Law Review
No abstract provided.
Shopping In The Marketplace Of Ideas: Why Fashion Valley Mall Means Target And Trader Joe's Are The New Town Squares, Jon Golinger
Shopping In The Marketplace Of Ideas: Why Fashion Valley Mall Means Target And Trader Joe's Are The New Town Squares, Jon Golinger
Golden Gate University Law Review
This Note explains that in Fashion Valley Mall, for the first time since the California high court decided Pruneyard nearly thirty years earlier, the court directly affirmed the notion that the California Constitution's liberty clause protects the right to free-speech activities on private property, such as a large shopping mall, that has taken on the characteristics of a traditional downtown business district. This Note further asserts that the majority's opinion in Fashion Valley Mall requires a different approach from that taken by the state appellate courts in deciding whether "stand-alone stores" such as Target and Trader Joe's also qualify as …
Designating Terrorist Organizations: Due Process Overdue, Micah Wyatt
Designating Terrorist Organizations: Due Process Overdue, Micah Wyatt
Golden Gate University Law Review
This Comment argues that §1189 is unconstitutional because it deprives accused terrorist organizations due process under the Fifth Amendment to the U.S. Constitution. Section I will provide an explanation of §1189 and §2339B and their effect on both an organization and its supporters. Section II will provide a brief overview of the Due Process Clause in the context of administrative proceedings. Section III will show how §1189 deprives organizations due process under the Fifth Amendment because the statute does not include the most fundamental requirements of procedural due process. Section III(A) will address the initial question of whether organizations are …
When Are Law And Economics Isomorphic?, John Cirace
When Are Law And Economics Isomorphic?, John Cirace
Golden Gate University Law Review
The legal community generally views the way in which judges decide cases as a rational decision process. However, the concept of judicial rationality is ambiguous, because judges use two rational decision processes: legal rationality and economic rationality. Legal rationality is based on the principle of precedent, or stare decisis, which requires that judges decide like cases alike. Judges determine whether cases are like or distinguishable through the construction of legal classifications and through recognition of factual similarities and differences.
Jesse Carter Memorial Lecture: Keeping Your Soul In Public Service, Jeff Bleich
Jesse Carter Memorial Lecture: Keeping Your Soul In Public Service, Jeff Bleich
Golden Gate University Law Review
No abstract provided.
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Edwards V. Arthur Andersen Llp: There Is Not A "Narrow-Restraint" Exception To California's Prohibition Of Noncompetition Agreements, And A General Release May Not Mean What It Says, Bradford P. Anderson
Golden Gate University Law Review
On August 7, 2008, the California Supreme Court issued a vital enunciation of State Law in the decision of Edwards v. Arthur Andersen LLP. The court explicitly rejected the existence of any "narrow restraint" exception to California's prohibition against noncompetition agreements under California Business and Professions Code section 16600. The majority also stated that a general release "does not encompass nonwaivable statutory protections, such as the employee indemnity protection of [Labor Code section] 2802,'' even if the express language of the contract is all-encompassing. The Edwards Court's rejection of a "narrow-restraint" exception brings needed certainty to interpretation of Business and …