Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Golden Gate University School of Law

GGU Law Review Blog

Series

CONSTITUTION

Articles 1 - 3 of 3

Full-Text Articles in Law

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 immunity by …


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 threat to abortion rights …


Police Highspeed Pursuits: Giving Police The Authority To Intervene Before The Public Is Harmed, Kevin Ballard Oct 2016

Police Highspeed Pursuits: Giving Police The Authority To Intervene Before The Public Is Harmed, Kevin Ballard

GGU Law Review Blog

Police Pursuits. The idea brings to mind thoughts of bank robbers fleeing from the police after committing a daring heist, only to be pursued by inept cops that wind up crashing into each other as the robbers drive away in perfect Hollywood fashion. However, police pursuits are rarely as glamorous and thrilling. In reality, they are terrifying and dangerous. In fact, according to the National Highway Traffic Safety Administration (NHTSA) more than 5,000 bystanders or passengers have been killed in police pursuits since 1979.