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Golden Gate University School of Law

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Full-Text Articles in Law

Raising Up The Work Of (S)Hero Lawyers, Rachel A. Van Cleave Aug 2017

Raising Up The Work Of (S)Hero Lawyers, Rachel A. Van Cleave

Publications

No abstract provided.


California’S “Yes Means Yes” Standard: A Starting Point For College Sexual Assault Policy Reform, Elizabeth Youngberg Aug 2017

California’S “Yes Means Yes” Standard: A Starting Point For College Sexual Assault Policy Reform, Elizabeth Youngberg

Golden Gate University Law Review

Section I will discuss the background on colleges and their responsibility to address sexual misconduct on their campuses. This begins with a discussion regarding the relationship colleges share with their students and the government. Next, the background will discuss the federal laws that govern colleges and how they are expected to address campus sexual misconduct, including the Clery Act, Title IX as interpreted and defined by the Dear Colleague Letter of 2011, the Campus SaVE Act, and the Violence Against Women Reauthorization Act of 2013. Finally, this section concludes by reviewing California laws addressing campus sexual misconduct, including the California ...


Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg Aug 2017

Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg

Golden Gate University Law Review

This Comment shows that because of an increasing rate and severity of data breaches, insufficient legal recourse for affected individuals, and lack of incentives for healthcare companies to strengthen their data security systems, leaked healthcare data will cause the substantive due process right of privacy of LGBTQ individuals to be disenfranchised. Because sexual orientation and gender identity are unprotected by heightened scrutiny under federal due process and equal protection jurisprudence, additional protections must be created for LGBTQ people. These protections should include a new legal right in tort under the Health Information Portability and Accountability Act of 1996 (HIPAA), increase ...


Independent Contractor Or Employee: I’M Uber Confused! Why California Should Create An Exception For Uber Drivers And The “On-Demand Economy”, Andre Andoyan Aug 2017

Independent Contractor Or Employee: I’M Uber Confused! Why California Should Create An Exception For Uber Drivers And The “On-Demand Economy”, Andre Andoyan

Golden Gate University Law Review

Part I of this comment details California employment law, how it has been applied to Uber, and how Uber, along with other “On-Demand Economy” companies, are different than other companies. Part II presents the current legal issues in worker classification. Part II also proposes the exception that should apply to Uber drivers and discusses why Uber, and other “On-Demand Economy” companies, should be entitled to this exception, including the practical problems with an employment classification for Uber. Part III concludes that changing our worker-classification laws is a compromise that will benefit drivers, Uber, and reflect the changes in our society.


A ’70’S Woman’S View Of 40 Years In The Life Of The Law, Drucilla Stender Ramey Aug 2017

A ’70’S Woman’S View Of 40 Years In The Life Of The Law, Drucilla Stender Ramey

Golden Gate University Law Review

In reflecting on 45 years of the life of the law in the Bay Area, it was initially tempting to contrast the grim reality of the new Administration with a seemingly kinder and gentler time. But in truth those halcyon days of memory actually began with the landslide reelection of Richard Nixon, emblematic of a decade here that was scarred by unimaginable violence — from the Zebra killings and the Patty Hearst kidnapping to the assassinations of Mayor George Moscone and gay rights icon Harvey Milk; from the Jonestown massacre of over 900 followers of the Unification Church to the gunning ...


Life As A Civil Rights Lawyer In The San Francisco Bay Area, John L. Burris Aug 2017

Life As A Civil Rights Lawyer In The San Francisco Bay Area, John L. Burris

Golden Gate University Law Review

As a civil rights lawyer for almost 40 years, I have represented over 1,000 victims of police misconduct, thousands in class action employment and toxic tort cases, defendants in many serious criminal cases, and an array of high-profile public figures and professional athletes. During the course of this article, I will write about a selection of cases that are most meaningful and impactful to me. This article also addresses the development of my high-profile status related to my involvement with cases of public interest.


The Office Of The City Attorney Of San Francisco, Louise Renne Aug 2017

The Office Of The City Attorney Of San Francisco, Louise Renne

Golden Gate University Law Review

The San Francisco City Attorney’s Office serves the Mayor, Board of Supervisors, and other elected officials as well as the approximately 100 departments, boards, commissions, and offices that comprise the City and County of San Francisco’s government. In many ways, the office is unique among city attorney offices, both because of the extraordinary scope of activities performed by the City and County of San Francisco’s government, and the scope of the City Attorney’s Office activities within that structure. At the outset, it is important to note that the San Francisco City Attorney is elected — comparatively unusual ...


The Company I Keep, Laurel Beeler Aug 2017

The Company I Keep, Laurel Beeler

Golden Gate University Law Review

No abstract provided.


Golden Gate University School Of Law: A Bridge To The Profession In The Heart Of San Francisco, Rachel A. Van Cleave Aug 2017

Golden Gate University School Of Law: A Bridge To The Profession In The Heart Of San Francisco, Rachel A. Van Cleave

Golden Gate University Law Review

An over 115-year San Francisco institution devoted to opening legal education and the profession to people of diverse backgrounds and experiences, Golden Gate University School of Law (GGU Law) has been a cornerstone of the Bay Area legal community. GGU Law’s mission, graduates, and academic leaders have played an integral role to the fabric of the San Francisco Bay Area legal community and that has shaped a progressive use of the law that seeks to protect the rights of those who otherwise lack a strong political or legal voice. These contributions continue to reverberate throughout California and beyond. This ...


Table Of Contents Aug 2017

Table Of Contents

Golden Gate University Law Review

No abstract provided.


Preface, Alex Lemberg, Mary Loung Aug 2017

Preface, Alex Lemberg, Mary Loung

Golden Gate University Law Review

No abstract provided.


Masthead Aug 2017

Masthead

Golden Gate University Law Review

No abstract provided.


Greenaction For Health And Environmental Justice, Petitioner, V. Tetra Tech Ec, Inc. Licensee., Golden Gate University School Of Law Jun 2017

Greenaction For Health And Environmental Justice, Petitioner, V. Tetra Tech Ec, Inc. Licensee., Golden Gate University School Of Law

Environmental Law and Justice Clinic

Led by our clinic professor, Steve Castleman, our clinic filed a student-researched petition before the Nuclear Regulatory Commission, seeking to have the agency responsible for nuclear safety revoke a nuclear materials license held by a company that is responsible for cleaning up the Hunters Point Naval Shipyard. We got great media coverage. In the coverage done by NBC Investigative Unit, which also covered the clinic’s work on pollution in Hunters Point last month, reporter Liz Wagner is holding up the petition that the clinic filed.

The shipyard is slated for commercial and residential development. The cleanup contractor, Tetra Tech ...


National Association Of Women Judges Midyear Meeting And Lady Justice Gala, National Association Of Women Judges Jun 2017

National Association Of Women Judges Midyear Meeting And Lady Justice Gala, National Association Of Women Judges

2012-present: Rachel Van Cleave

Dean Rachel Van Cleave was recognized for her contributions to GGU Law. Program book attached.


Class Of 2017 Commencement, Golden Gate University School Of Law May 2017

Class Of 2017 Commencement, Golden Gate University School Of Law

Commencement

No abstract provided.


Anthony Niedwiecki Named New Dean Of Golden Gate University School Of Law, Golden Gate University School Of Law May 2017

Anthony Niedwiecki Named New Dean Of Golden Gate University School Of Law, Golden Gate University School Of Law

Press Releases

Golden Gate University President David Fike is proud to announce the appointment of Anthony Niedwiecki as the new Dean of the Golden Gate University School of Law. Coming from his previous position as Associate Dean for Academic Affairs at The John Marshall Law School in Chicago, Niedwiecki brings a portfolio of administrative accomplishments and a commitment to diversity, inclusion and student success. His appointment begins August 1, 2017.


2017 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer May 2017

2017 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

Digital Commons: The Legal Scholarship Repository @ Golden Gate University School of Law, or, simply, DC@GGULaw, is the institutional repository for the law school’s intellectual work and contributions to the field of law, produced by faculty, students, centers or conferences. This report highlights the major accomplishments of DC@GGULaw from May, 2016 through April, 2017.


Understaffed And Overworked: Poor Working Conditions And Quality Of Care In Residential Care Facilities For The Elderly, Hina B. Shah May 2017

Understaffed And Overworked: Poor Working Conditions And Quality Of Care In Residential Care Facilities For The Elderly, Hina B. Shah

Publications

The United States is experiencing unprecedented growth in its elderly population. As Americans live longer and cope with chronic health conditions, the need for long term services and support (LTSS) has increased. The vast majority of elderly persons need assistance with activities of daily living (ADL) and instrumental activities of daily living (IADL) due to physical and mental impairments. LTSS are provided in a continuum of care from the individual’s home to institutional settings. There is a range of options from highly regulated skilled nursing facilities, also called nursing homes to residential care facilities for the elderly (RCFE), also ...


Morning Session: Conference Report, Christian N. Okeke Apr 2017

Morning Session: Conference Report, Christian N. Okeke

Fulbright Symposium

Conference Report: Professor Dr. Christian Nwachukwu Okeke; “Reflections on International Law in an Era of Changes and Confusion.”


Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil Mar 2017

Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil

GGU Law Review Blog

Currently, a circuit split exists regarding the Ninth Circuit’s Provocation Rule. The deputies argue that Graham applies and that officers need to be free to make split‑second choices to respond to threats of force without stopping to replay their prior actions and evaluate whether someone might later accuse them of provoking the situation. Although this is true, some argue that officers should also be required to follow the Constitution in the first place and held liable if they cause the force to be used. The holding in Scott supports this type of analysis. While Graham allows for qualified ...


A Call To Leadership: Who Will Answer?, Golden Gate University School Of Law Mar 2017

A Call To Leadership: Who Will Answer?, Golden Gate University School Of Law

Leadership Conference

The video is a recording of the panel for the "A Call to Leadership" conference held at Golden Gate University School of Law on March 17, 2017.

The flyer for the conference is attached and may be downloaded.


Ip Law Book Review, Vol. 7#2, March 2017, William T. Gallagher Mar 2017

Ip Law Book Review, Vol. 7#2, March 2017, William T. Gallagher

Intellectual Property Law

Reviews of:
WHAT’S WRONG WITH COPYING? by Abraham Drassinower, Harvard University Press, 2015, 288 pp., Hardcover, $39.95.

Reviewed by:

Mark Rose
Jessica Silbey
Glynn S. Lunney, Jr.

Author’s Response, by Abraham Drassinower,


California Supreme Court May Allow The Censoring Of Consumers’ Online Reviews, Jamie Cooperman Mar 2017

California Supreme Court May Allow The Censoring Of Consumers’ Online Reviews, Jamie Cooperman

GGU Law Review Blog

The use of social media to leave reviews creates a medium in which “word of mouth” can reach many more individuals who are in search of a specific product or service that can meet their needs. The accessibility of these forums reaching vast numbers of consumers lead to both positive and negative effects. For consumers, the ability to read about others’ good, bad, and neutral experiences can help them determine if the particular business is a right fit for them. For business owners, both positive and negative reviews can indicate to a business what consumers appreciate and also what the ...


California Labor Relations Board Report To The Legislature And To The Governor - Fiscal Year 2014-2015, Agricultural Labor Relations Board Feb 2017

California Labor Relations Board Report To The Legislature And To The Governor - Fiscal Year 2014-2015, Agricultural Labor Relations Board

California Agencies

No abstract provided.


Abortion Rights: “Ash Heap Of History” Or Surviving The Smoke?, Alicyn B. Whitley Feb 2017

Abortion Rights: “Ash Heap Of History” Or Surviving The Smoke?, Alicyn B. Whitley

GGU Law Review Blog

The possibility of further restrictions of abortion rights smolder on the horizon, but currently remain at bay. After Whole Woman’s Health, a Trump appointed nominee will likely swing the Court toward a 5‑4 majority in favor of upholding current abortion law. Justices Breyer, Kennedy, Ginsburg, Sotomayor, and Kagan voted to reaffirm Casey’s “undue burden” standard safeguarding a woman’s fundamental right to an abortion. Thomas, Alito, and Roberts were the three Justices to dissent to the opinion. If all the current justices were to remain on the bench until after the next president is elected, the potential ...


Frivolous Action Filings In California Courts, California Research Bureau Feb 2017

Frivolous Action Filings In California Courts, California Research Bureau

California Agencies

No abstract provided.


C.R. Ex Rel. Rainville V. Eugene School District 4j: Slowly Expanding A School’S Ability To Reach Off-Campus Speech, Mary R. Loung Jan 2017

C.R. Ex Rel. Rainville V. Eugene School District 4j: Slowly Expanding A School’S Ability To Reach Off-Campus Speech, Mary R. Loung

Golden Gate University Law Review

The United States Constitution guarantees equal protection under the law to all citizens regardless of race, color, religion, and gender. However, there are special circumstances when constitutional rights can be restricted. The First Amendment rights of public school students fall under one of these special circumstances. While parents have a responsibility to care for, protect, and discipline their child, the responsibility transfers to the school’s in loco parentis authority when the child becomes a student under their supervision. The salient issue then becomes how to determine when the school’s authority begins and ends. The Ninth Circuit’s decision ...


State And Federal Powers Clash Over Medical Marijuana In United States V. Mcintosh, Cara E. Alsterberg Jan 2017

State And Federal Powers Clash Over Medical Marijuana In United States V. Mcintosh, Cara E. Alsterberg

Golden Gate University Law Review

The unanimous opinion in United States v. McIntosh held that a spending rider approved by Congress in 2014 and 2015 prohibits the United States Department of Justice (the Department) from prosecuting marijuana suppliers who fully comply with state laws allowing the use of marijuana for medicinal purposes. The Department argued that the rider only prohibits litigation against the states themselves, rather than prosecution of individuals who provide marijuana for medicinal purposes, because the language of the rider indicates that the Department may not use appropriated money to prevent states from implementing their medical marijuana laws.

The three-judge panel of the ...


Jones V. Davis And The Critical Issue Of Time In California’S Capital Punishment System, Heather Varanini Jan 2017

Jones V. Davis And The Critical Issue Of Time In California’S Capital Punishment System, Heather Varanini

Golden Gate University Law Review

This Note argues that the Ninth Circuit should have affirmed the district court’s holding, thus invalidating California’s capital punishment system for three main reasons. First, citizens are losing confidence in the death penalty, which undermines its deterrent effect. Second, capital punishment is a critical issue for the State, and Californians and death row inmates alike must look to the judiciary for relief. Third, the Ninth Circuit avoided the constitutional issue of California’s capital punishment system by relying on Teague v. Lane. In doing so, the court deepened the problems the Defendant and the district court sought to ...


Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, Kevin Ballard Jan 2017

Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, Kevin Ballard

Golden Gate University Law Review

This Note will begin by examining the majority’s analysis in Heller. The Heller case, through historical interpretation, analyzed the language of the Second Amendment and settled a long-held dispute about the meaning of its actual language. This same historical analysis was also significant in the Supreme Court’s examination of McDonald, which affirmatively applied the Second Amendment to the States. Peruta used the same methodology as Heller and McDonald.

Next, this Note will argue that, based on the historical analysis in Heller, McDonald, and Peruta, courts addressing the Second Amendment should apply strict scrutiny review to the legal challenges ...