Law Commons^™

Reimagining Criminal Justice: Open Source Data Key To Addressing Mental Health Crises, Brennan Gamwell

Reimagining Criminal Justice

A transparent, cross-functional approach to data sharing and analysis focused on reliability and completeness can help to improve San Francisco's response to the mental health crisis, says Brennan Gamwell, a 2022 JD candidate at the Golden Gate University School of Law.

Law Deans Joint Statement On The 2020 Election And Events At The Capitol, Golden Gate University School Of Law

Press Releases

No abstract provided.

Access To Justice For Collective And Diffuse Rights: Theoretical Challenges And Opportunities For Social Contract Theory, Colin Crawford

Publications

This analysis consists of three principal parts. First, it briefly reviews the classical contract account that explains how and why individuals enter civil society, found in the writings of both Hobbes and Locke. The analysis then examines the limited extent to which classical contract theory treats questions of rights vindication or, in more modern terms, with questions of access to justice. Second, the analysis examines the nature of collective and diffuse rights claims and will make a case for their importance in the modern world. Third, the analysis seeks to identify arguments from the classical account that might be useful …

Access To Justice: Theory And Practice From A Comparative Perspective, Colin Crawford, Daniel Bonilla Maldonado

Publications

The papers gathered in this volume analyze access to justice in Latin America, Europe, and North America from a philosophical, legal, and sociological perspective. In these three regions of the world, as in the rest of the globe, liberal democracies face a troubling gap between the normative and the descriptive: the access to justice promises made by the legal and political system are not fully realized in practice. The studies collected here, therefore, share two baseline assumptions. First, the right of access to justice is fundamental in a liberal state. Access to justice ensures that citizens are able to defend …

Access To Justice For Four Billion: Urban And Environmental Options And Challenges, Colin Crawford

Publications

This Article proceeds in five parts. Part I considers four prominent theories on the meaning of "access to justice." To be sure, the lines and divisions between these positions are in practice less rigid than this text will at times suggest. Nonetheless, the four approaches are sufficiently different from one another to justify a critical evaluation. Part I therefore undertakes to provide such an evaluation of these different proposals. In this, Part I seeks to assess the strengths and weaknesses of the different proposals with respect to the search for answers to some of the questions related to what "access …

Economics And The Evolution Of Non-Party Litigation Funding In America: How Court Decisions, The Civil Justice Process, And Law Firm Structures Drive The Increasing Need And Demand For Capital, Fiona Mckenna, Alan L. Zimmerman, Daniel J. Bush, Cheryl Kaufman

Publications

This paper views civil litigation initiated by a party seeking money damages through the lens of the underlying economics that impact the civil justice system's ability to achieve fair outcomes. It examines how access to capital has impacted the functioning of civil justice in the United States.

Substantive Equality And Sexual Orientation: Twenty Years Of Gay And Lesbian Rights Adjudication Under The South African Constitution, Eric C. Christiansen

Publications

Examining the historical achievements and failures of the South African Constitution’s sexual orientation protections highlights larger lessons from the last twenty years of constitutionalism in South Africa. In this Article, I use the drafting history, Constitutional Court adjudication, and the practical insufficiencies of the Constitution’s inclusion of sexual orientation-based protections to highlight three categories of insights. These lessons include an encouraging insight regarding the inclusion of novel and progressive elements when drafting modern constitutions; some modest claims about the capacity of courts to combat inequality based on sexual orientation despite the limitations of purely legal victories; and a hopeful affirmation …

Wemyss V. Superior Court Of County Of Alameda, Jesse W. Carter

Jesse Carter Opinions

A motion to quash a subpoena should have been granted where the underlying action was not pending in the county where the application for the subpoena was made and the clerk of that court had no authority to issue it.

It’S Still Perilous To Catch A Lyft In San Francisco, Mark Wilson

GGU Law Review Blog

No abstract provided.

The Sky Is The Limit: Regulating The Next Generation Of Privacy Invasion, Laura Patty

GGU Law Review Blog

No abstract provided.

Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini

Publications

No abstract provided.

Carter’S Dissent In Simpson V. City Of Los Angeles: A Precursor To The Animal Rights Movement, Janice E. Kosel

Publications

In Simpson v. City of Los Angeles, resident taxpayers who owned licensed dogs who had recently gone astray sought to restrain the enforcement of a city ordinance. Los Angeles Municipal Code section 53.11 (h) allowed the city to surrender for medical research dogs that had been impounded for a period of at least five days. Subsection (h) of the ordinance did not contain any provision for notice to the owner of the impounded dog. As a result, plaintiffs contended that the ordinance was invalid because it constituted an unlawful taking of private property.

Mapping Proportionality Review: Still A "Road To Nowhere", Rachel A. Van Cleave

Publications

This article examines how a majority of the Supreme Court went out of its way to vacate a punitive damages award in Philip Morris and further reinforced the inconsistency with which it applies the principle of proportionality. When it comes to punitive damages awards, a majority of Justices continue to convey distrust of juries and of trial and appellate court judges who review these awards. However, when it comes to terms of imprisonment, the Court has eschewed substantive review under the Eighth Amendment while insisting that the Sixth Amendment requires that all facts supporting an increase in a sentence be …

The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr

Publications

This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these …

Say You're Sorry: Court-Ordered Apologies As A Civil Rights Remedy, Brent T. White

Publications

This Article proposes that civil rights plaintiffs pursuing cases against governmental defendants should be entitled to receive court-ordered apologies as an equitable remedy. Part I discusses the importance of apology in American society and concludes that apology is culturally embedded as an essential component of everyday dispute resolution. Part II provides a brief overview of current legal scholarship in the area of apology, including the lack of such scholarship related to court-ordered apologies as a civil remedy. Part III argues that traditional forms of compensation fail to provide adequate relief to civil rights victims because they neglect psychological, emotional, and …

"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave

Publications

Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate …

Anti-Reproductive-Rights Crimes In California, 2003, California Department Of Justice

California Agencies

Senate Bill 780, effective January 1, 2002, enacted two new laws: the California Freedom of Access to Clinic and Church Entrances (or California FACE) Act, and the Reproductive Rights Law Enforcement Act. The Reproductive Rights Law Enforcement Act added sections 13775 through 13779 to the California Penal Code requiring the Attorney General to collect and analyze information relating to anti-reproductive-rights crimes and submit a report to the Legislature. This publication is the result of that mandate.

An "anti-reproductive-rights crime" is defined in section 13776 (a) of the California Penal Code as "a crime committed partly or wholly because the victim …

Advancing Tolerance And Equality Using State Constitutions: Are The Boy Scouts Prepared?, Rachel A. Van Cleave

Publications

The traditional United States Supreme Court analysis for determining whether a group may exclude people from membership on the basis of sexual orientation involves a series of either/or choices. For example, in the context of the exclusion of homosexuals by the Boy Scouts of America, one issue is whether the Boy Scouts is a "public accommodation.' Another issue is whether homosexuals constitute a protected class. This Article argues that independent state constitutional analysis of this issue provides an opportunity to avoid the narrowing effects of the traditional dichotomies, and that courts should directly consider the interests of the parties. In …

The Jury-Some Thoughts, Historical And Personal, Peter Keane

Publications

rich baggage of our heritage and origins as a communal people. It is both what we have been and what we are now. From the jury's first crude forms developed by our primitive ancestors in thick groves of forest clearings, to contemporary juries in modern courtrooms listening to testimony about DNA and E. Coli Bacteria, the institution has been adequate to the tasks we give it. A jury is a more representative societal mechanism of our culture than anything else in which we participate as citizens.

Hayward Lumber & Inv. Co. V. Biscailuz [Dissent], Jesse W. Carter

Jesse Carter Opinions

Sheriff was justified as matter of law in ordering release of funds from attachment pursuant to certificate of court clerk which appeared complete and regular on its face, and, appeared to an ordinarily intelligent and informed layman to be final.

Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Procurement of an option agreement to purchase real property was a contract that aided in the purchase or sale of real property and came within the statute of frauds. Absent a written contract, there was no obligation to pay a commission.

Murray V. Superior Court Of San Francisco, Jesse W. Carter

Jesse Carter Opinions

The civil arrest of a debtor who planned to take a round-the-world trip and who had evaded a creditor was authorized because the evidence showed that the debtor was leaving the state to defraud the creditor.

Haggerty V. Associated Farmers Of California, Inc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Judgment in favor of the representative was improper because the county ordinance prohibiting the transmission of loud noise from any public highway was not unconstitutional upon its face.

Peterson V. Robison [Dissent], Jesse W. Carter

Jesse Carter Opinions

Judgment was reversed in wrongful imprisonment action and individual could not be liable because it was manifestly unfair to impose civil liability on private person for filing a citizen's arrest when the law declared it a misdemeanor if he refused.

Erickson V. Gospel Foundation Of California [Dissent], Jesse W. Carter

Jesse Carter Opinions

The court would not review the decision of a non-profit organization to annul the membership of one of its members for a violation of due process where the membership did not involve a property right.

Schwartz V. Slenderella Systems Of California, Inc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

In an action for the alleged wrongful use of a trade name, an injunction was properly denied because the junior appropriator's use of the name was in good faith and without intent to capitalize upon the senior appropriator's use of the name.

Guardianship Of Kawakita [Dissent], Jesse W. Carter

Jesse Carter Opinions

An appeal of a trial court's refusal to annul the appointment of a guardian was improperly brought because the refusal was not an appealable order under the California Probate Code.

Wilson V. Sharp [Dissent], Jesse W. Carter

Jesse Carter Opinions

A taxpayer's cause of action was properly stricken for failure to state a claim when it named a county counsel and the county counsel had immunity from suit because his actions in deciding not to file an action to recover a salary were discretionary.

Fraenkel V. Bank Of America Nat'l Trust & Sav. Asso. [Dissent], Jesse W. Carter

Jesse Carter Opinions

It was an abuse of discretion for the trial court to deny the contractor leave to amend his complaint because the complaint was susceptible of amendment to set forth the factors necessary to show that contractor was not required to have a license.

In Re Los Angeles County Pioneer Soc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Los Angeles County Pioneer Society and Harry Lelande, a member thereof, appeal separately from an order appointing the Historical Society of Southern California trustee of all property in the possession of Pioneer. The order was entered after the trial court determined that Pioneer held its property for charitable purposes, that Pioneer had repudiated its trust, and that appointment of Historical as trustee. was necessary to carry out the purposes of the trust. We have concluded that the order is amply supported by the evidence and must be affirmed.