Law Commons^™

America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr.

GGU Law Review Blog

In recent years, the Executive Office of the United States has engaged in a series of unprecedented moves, making it extremely difficult for immigrants to apply for asylum. The directives from President Donald Trump serve to discourage immigrants from attempting to make the trip across the United States-Mexico border. For others, the directives serve as a stern warning.

Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind

GGU Law Review Blog

Senate Bill 1437 (“S.B. 1437”), effective January 1, 2019, substantially changed the law relating to accomplice liability under the felony murder rule (the “FMR”) and the doctrine of natural and probable consequences. State prosecutors have challenged S.B. 1437 as an unconstitutional amendment of Propositions 7 and 115, and as a violation of the separation of powers. Polarized rulings from the state’s trial courts suggest a dispositive California Supreme Court decision is forthcoming to address the divide. Social policy considerations weigh heavily on the controversial issues engendered by this bill and will likely influence adjudication of the legislature’s authority to …

Fair Pay To Play Act: End Of Amateurism?, Isabella Borges

GGU Law Review Blog

The NCAA has seen its fair share of controversy concerning player compensation, whether it be through lawsuits such as the O’Bannon case, former NCAA athletes complaining of hunger during their time in college, or even NBA star LeBron James’s documentary “Student Athlete.” However, no extreme policy changes have emerged from the endless scrutiny of the NCAA’s rules of prohibiting its student-athletes from receiving compensation from the use of their names, images, and likeness, among other things. The NCAA argues compensation would capsize amateurism by turning student-athletes into professionals, putting an end to amateurism in the NCAA all …

The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi

GGU Law Review Blog

The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020. On the surface, the purpose of the CCPA is to give consumers “rights” to control how businesses monetize their personal information. However, the extent of those “rights” is somewhat vague in the language of the statute.

Eighth Amendment Protection In The 21st Century, Daniel Sorkin

GGU Law Review Blog

In Timbs v. Indiana the Supreme Court considered whether the Eighth Amendment’s bar on “excessive fines” is incorporated against the states under the Fourteenth Amendment. Timbs v. Indiana addressed another persistent question that has appeared on bar exams for years: “What provisions in the Bill of Rights have not yet been 'incorporated' against the States?”

The Right To Housing: Possessing Home In California, Golden Gate University School Of Law

GGU Law Review Blog

In an area where the median home costs $820,000, San Francisco’s Bay Area is currently experiencing an affordable housing crisis. Unsurprisingly 25,951 people lack stable housing in the Bay Area. A recent Brookings Institute income inequality study ranked the San Francisco metropolitan area (including San Mateo, Alameda, Contra Costa and Marin Counties) the third highest in income inequality in the United States. In the Bay Area, where the median fair market rate for a two bedroom apartment is $3,121, the highest earners were making eleven times more than the lowest.

Among those most affected by the rising rents are minority …

The Moral Character Evaluation: Proving That Your Past Does Not Define Your Future, Allyson Mccain

GGU Law Review Blog

To the extent that the character and fitness evaluation continues to exclude those candidates who have not shown remorse or rehabilitation, it remains essential to ensuring the integrity of the legal profession. However, it is unfair to presume that a blemish on an applicant’s record suggests a lack of good moral character, until proven otherwise. Past mistakes and errors in judgment do not automatically indicate that an individual is unfit to practice law. Nor does the lack of “sanctionable conduct” in one’s past conclusively prove that the individual will uphold the integrity of the profession.

Paga Saves The Day Against Forced Arbitration, Letty Chavez

GGU Law Review Blog

Arbitration agreements are becoming increasingly common in the employment setting, with over 60 million Americans being bound by one. In the private sector, 56.2 percent of nonunion employees are bound by mandatory arbitration agreements. In California, 67.4 percent of workplaces are subject to mandatory arbitration. Employees are less likely to win their cases in arbitration than in court. The increase in PAGA lawsuits in recent years is likely associated to the increase in mandatory arbitration agreements. As more employees find themselves without access to the courts, PAGA claims offer the only remaining recourse for employees to have their day in …

California Wine Industry Feels The Effect Of Trump, Golden Gate University Law Review

GGU Law Review Blog

“When Mexico sends its people, they’re not sending their best. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists.” This was much of the tone about immigrants during Donald Trump’s speeches on his campaign trail. Since President Trump took office, it seems that immigration has propelled to the forefront of political debates and water cooler talk. Most of the headlines regarding immigration that have dominated our screens have been about children being separated at the border, Trump’s disapproval of sanctuary cities, or Trump’s incessant demand to …