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Articles 1 - 30 of 44
Full-Text Articles in Law
Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Turning Title Vii's Protection Against Retaliation Into A Never-Fulfilled Promise, Jessica L. Beeler
Golden Gate University Law Review
Part I also explains the varied standards that were previously used when deciding what constitutes an adverse employer action and how the Supreme Court's recent decision in Burlington Northern resolved a split among the circuits. In Burlington Northern, the Supreme Court adopted a deterrence test to define adverse employer actions, which means the employer action must be harmful to the point that it would deter a reasonable employee of complaining of discrimination. Part II analyzes the actual effects of this decision, focusing in particular on DeHart. It shows how DeHart misapplied the deterrence standard by focusing on whether the employer …
Unlawful Status As A "Constitutional Irrelevancy"?: The Equal Protection Rights Of Illegal Immigrants, Jason H. Lee
Unlawful Status As A "Constitutional Irrelevancy"?: The Equal Protection Rights Of Illegal Immigrants, Jason H. Lee
Golden Gate University Law Review
This article focuses on state discrimination against illegal immigrants and the use of equal-protection doctrine to protect these immigrants' rights to enjoy the array of benefits and services offered by state governments. There are two main reasons why this article will focus on the Equal Protection Clause rather than on federal preemption doctrine, which is the other major tool that illegal immigrants can use to attack discriminatory state classifications. First, the equal-protection doctrine highlights the dignity and membership of an individual in American society in a way that the more structural preemption analysis does not. Second, preemption has become the …
Preschooler Ii V. Clark County School Board Of Trustees: A Closer Look At Application Of Qualified Immunity In Public School Districts, Rachael Crim
Golden Gate University Law Review
During the 2002-2003 school year, the mother of a pre-school aged, non-verbal, autistic child became concerned when her child came home with unexplained bruises and began exhibiting violent behavior. The mother brought an action on behalf of herself and her child seeking relief under the Individuals with Disabilities Act ("IDEA"), Americans with Disabilities Act, and claimed constitutional violations under Section 1983. In Preschooler II v. Clark County School Board of Trustees, the United States Court of Appeals for the Ninth Circuit held: 1) teacher's alleged conduct in beating, slapping, and head-slamming child violated Fourth Amendment rights for purposes of a …
Why Fight Fought?: A Missed Erisa Opportunity In The Ninth Circuit, Jill V. Cartwright
Why Fight Fought?: A Missed Erisa Opportunity In The Ninth Circuit, Jill V. Cartwright
Golden Gate University Law Review
This Note analyzes the United States Court of Appeals for the Ninth Circuit's standard of review in cases in which a conflicted administrator has denied benefits. Part I of this Note examines early standards of review prior to ERISA. Part II sets forth the split among the circuits in evaluating a conflicted administrator's denial of benefits and explains the Ninth Circuit's former standard. Part ill compares the Ninth Circuit's prior standard of finding such denials presumptively void with its recent holding in Abatie v. Alta Health & Life Insurance Company, in which the court effectively adopted a unique standard similar …
Taking A Closer Look At Prosecutorial Misconduct: The Ninth Circuit's Materiality Analysis In Hayes V. Brown And Its Implications For Wrongful Convictions, Lynn Damiano
Golden Gate University Law Review
This note argues that the Ninth Circuit's meaningful factual analysis in applying the materiality standard led to its reversal of Mr. Hayes's conviction. The Court's willingness to look beyond the Government's assertions and to take into account every way in which the prosecutor's duplicitous conduct might have affected the jury's verdict allowed it to reach a different decision than prior reviewing courts. Moreover, the Court did so while adhering to established Supreme Court precedent and remaining within the confines of modern federal habeas review. The Ninth Circuit's analysis under this standard can help prevent wrongful convictions by deterring prosecutorial misconduct …
The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan
The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan
Golden Gate University Law Review
Throughout the United States, more and more law enforcement officials are coming to realize the tremendous benefits they receive when the questioning of suspects in police facilities is recorded from beginning to end, starting with the Miranda warnings and continuing until the interview is completely finished. Recordings put an end to a host of problems for detectives: having to scribble notes during interviews and later type reports; straining on the witness stand weeks and months later, trying to describe what happened behind closed doors at the station; becoming embroiled in courtroom disputes about what was said and done during custodial …
Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney
Exoneration And Wrongful Condemnations: Expanding The Zone Of Perceived Injustice In Death Penalty Cases, Craig Haney
Golden Gate University Law Review
In this article I argue that despite the very serious nature and surprisingly large number of these kinds of exonerations, revelations about factually innocent death-sentenced prisoners represent only the most dramatic, visible tip of a much larger problem that is submerged throughout our nation's system of death sentencing. That is, many of the very same flaws and factors that have given rise to these highly publicized wrongful convictions also produce a more common kind of miscarriage of justice in capital cases. I refer to death sentences that are meted out to defendants who, although they may be factually guilty of …
Beyond Unreliable: How Snitches Contribute To Wrongful Convictions, Alexandra Natapoff
Beyond Unreliable: How Snitches Contribute To Wrongful Convictions, Alexandra Natapoff
Golden Gate University Law Review
This Comment briefly surveys in Part I some of the data on snitch-generated wrongful convictions. In Part II, it describes in more detail the institutional relationships among snitches, police, and prosecutors that make snitch falsehoods so pervasive and difficult to discern using the traditional tools of the adversarial process. Part III concludes with a litigation suggestion for a judicial check on the use of informant witnesses, namely, a Daubert-style pre-trial reliability hearing. The Appendix in Part IV contains a sample motion requesting and justifying such a hearing.
Anatomy Of A Miscarriage Of Justice: The Wrongful Conviction Of Peter J. Rose, Susan Rutberg
Anatomy Of A Miscarriage Of Justice: The Wrongful Conviction Of Peter J. Rose, Susan Rutberg
Golden Gate University Law Review
This Article examines one case in which students and lawyers from Golden Gate University's Innocence Project won the exoneration of Peter J. Rose, a man who served nearly ten years of a twenty-seven year State Prison sentence for the rape and kidnap of a child before DNA proved his innocence. The analysis of this case focuses on how the conduct of two police detectives, the prosecutor and the defense attorney contributed to this miscarriage of justice.
Innocence Lost ... And Found: An Introduction To The Faces Of Wrongful Conviction Symposium Issue, Daniel S. Medwed
Innocence Lost ... And Found: An Introduction To The Faces Of Wrongful Conviction Symposium Issue, Daniel S. Medwed
Golden Gate University Law Review
No abstract provided.
Making-Up Conditions Of Employment: The Unequal Burdens Test As A Flawed Mode Of Analysis In Jespersen V. Harrah's Operating Co., Megan Kelly
Golden Gate University Law Review
Part I of this Note reviews Title VII and foundational caselaw, including cases regarding sex discrimination and appearance standards. Part II examines the Ninth Circuit's Jespersen opinion. Part III compares the Supreme Court decision in Price Waterhouse v. Hopkins, which expanded Title VII protection to include gender stereotyping, with the Jespersen holding. Part III also explores a Seventh Circuit case, Carroll v. Talman Federal Savings and Loan Association of Chicago, and Judge Thomas's dissent in Jespersen, which both argue for inclusion of less tangible factors such as gender stereotyping in the unequal burdens test. Part III finally contends that the …
Symptoms For Scalia And Texas: Gay Rights And American Nationalism, Daniel Gordon
Symptoms For Scalia And Texas: Gay Rights And American Nationalism, Daniel Gordon
Golden Gate University Law Review
Matti Bunzl in Symptoms of Modernity: Jews and Queers in Late-Twentieth Century Vienna expressed great faith in the multicultural fairness of American Society. Bunzl recognized the threat of Christian Conservatives in the United States to gay and lesbian civil rights and civil liberties, and he evidenced some skepticism of American multiculturalism. However, overall Bunzl remained optimistic about the future of civil rights for gays and lesbians in the United States noting "it was in the United States that a postmodern sensibility of minority politics was pioneered.'' This article utilizes Bunzl's work along with the work of urban religion sociologists to …
What Does Diversity Mean In Seattle?: Parents Involved In Community Schools V. Seattle School District Number 1 Strikes Down The Use Of A Racial Tiebreaker, Katie York
Golden Gate University Law Review
This Note examines the Ninth Circuit decision in Parents Involved in Community Schools v. Seattle School District Number 1. The introduction provides an overview of the evolution of race-based jurisprudence. In addition, the introduction describes the "open choice" policy established by the School District. Part I explains the progression to strict scrutiny as the applicable standard of review for race-conscious admissions policies. Part II analyzes the procedural history of the Parents Involved cases. Part III compares the admissions policies between public high schools and universities. Part IV proposes a constitutionally permissible race-conscious placement policy for secondary education. Part V concludes …
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Golden Gate University Law Review
Part I provides a background of federal DNA testing legislation, the Fourth Amendment implications of DNA testing and two DNA testing cases leading up to the U.S. v. Kincade decision. Part II analyzes the plurality and dissenting opinions of the U.S. v. Kincade decision. Part III argues that the plurality's balancing test has a potential for inappropriate application. Finally, Part IV concludes that the Kincade balancing test should be narrowly applied as precedent after a meaningful balancing of interests, and not as a facade for ever-expanding government interests.
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Golden Gate University Law Review
This Note contends that a dog bite lasting up to a minute is excessive force under these circumstances and violated Miller's Fourth Amendment right against unreasonable seizures. Part I of this Note provides a general synthesis of current Fourth Amendment seizure law as it applies to using police dogs. Part II discusses the facts of Miller and the court's application of current case law to those facts. Finally, Part III argues that the court failed to properly apply existing Fourth Amendment seizure law to the facts in Miller, and therefore, the force used was unreasonable.
Expert Testimony And "Subtle Discrimination" In The Workplace: Do We Now Need A Weatherman To Know Which Way The Wind Blows?, Deborah Dyson
Expert Testimony And "Subtle Discrimination" In The Workplace: Do We Now Need A Weatherman To Know Which Way The Wind Blows?, Deborah Dyson
Golden Gate University Law Review
This Comment studies Elsayed in order to investigate these questions. The Background discussion traces the two great lines of cases whose trajectories cross in Elsayed, the Daubert v. Merrell Dow expert testimony jurisprudence under the Federal Rules of Evidence and the McDonnell Douglas v. Green line of cases establishing the "pretext" model of proof for individual employment discrimination claims under Title VII of the 1964 Civil Rights Act. Then, turning to the opinion proper, the Analysis considers Elsayed under the following headings: (A) The Crux: The Court's Harmless-Error Determination, (B) Decoding in the Pretext Context, (C) Substituting the Mixed-Motives Regime …
Let's All Go To The Movies, And Put An End To Disability Discrimination: Oregon Paralyzed Veterans Of America V. Regal Cinemas, Inc. Requires Comparable Viewing Angles For Wheelchair Seating, Joshua D. Watts
Golden Gate University Law Review
This Note contends that the Ninth Circuit was correct in finding that in order to ensure comparable lines of sight for disabled and non-disabled patrons, viewing angles must be taken into account. Part I provides a general background of Title III of the ADA, and specifically addresses section 4.33.3 of the ADAAG and its history. Additionally, Part I examines the Fifth Circuit's decision in Lara, as it played a major role in the outcome of the Ninth Circuit's decision in Regal. Part II analyzes both the majority and the dissenting opinions offered in Regal. Part III defends the majority opinion …
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Golden Gate University Law Review
This comment examines the unequal treatment of United States citizens who are labeled enemy combatants by looking at the factual and procedural background of Padilla, Hamdi and Lindh. Next, this comment examines the origins of the label enemy combatant and the constitutional safeguards afforded to criminal defendants in similar situations as Padilla, Hamdi,and Lindh. The terrorist acts Padilla, Hamdi, and Lindh are accused of involve international laws. Therefore, this comment will examine the Geneva Conventions as a means to understand humanitarian protections that may cover Padilla and Hamdi. Finally, this comment will provide recommendations for some of the issues raised.
Housing Our Criminals: Finding Housing For The Ex-Offender In The Twenty-First Century, Heidi Lee Cain
Housing Our Criminals: Finding Housing For The Ex-Offender In The Twenty-First Century, Heidi Lee Cain
Golden Gate University Law Review
This Comment examines the United States Supreme Court's statement in The Department of Housing and Urban Development v. Rucker that a strict liability clause would be enforceable in private leases. The Court accordingly infers that ex-offenders and suspected offenders would encounter obstacles in their attempt to receive and maintain housing leases, both public and private. Part II discusses the "One Strike and You're Out" housing act and the Court's decision in Rucker. The Court upheld the federally mandated public housing strict liability clause in part because the tenant would be treated the same in a private lease. This Comment thus …
Creating Reasonable Accommodations Without An Undue Burden: The Future Effects The Ada Will Have On Golf Courses, Janet Barbookles
Creating Reasonable Accommodations Without An Undue Burden: The Future Effects The Ada Will Have On Golf Courses, Janet Barbookles
Golden Gate University Law Review
This Comment examines the possible accommodations and structural improvements that golf course owners may be required to provide for disabled golfers to comply with ADA regulations. Part I discusses Title III of the ADA, which ensures that private entities offering commercial facilities and providing places of public accommodations provide equal access to all. Part II examines possible future accommodations, the reasonableness of these accommodations and whether they create an undue burden for golf clubs. Part III argues ways in which possible accommodations might fundamentally alter the nature of professional golf. Part IV recommends achievable solutions for golf clubs in making …
Sticks And Stones May Break Your Bones ... But Words May Break The Bank: Monetary Damages For 'True Threats' And The Future Of Free Speech After Planned Parenthood Of The Columbia/Willamette V. American Coalition Of Life Activists, Randall D. Nicholson
Golden Gate University Law Review
This Note is divided into five parts. Part I introduces the plaintiffs and defendants in Planned Parenthood and provides a detailed description of the content of the posters as well as the other evidence used to find the defendants liable for threatening speech. Part II presents a brief description of the details of, and impetus for, the enactment of the Freedom of Access to Clinic Entrances Act ("FACE"), as the act provides the basis for liability. To highlight that the majority's position in Planned Parenthood did not comport with current First Amendment jurisprudence, Part III analyzes the major decisions handed …
Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen
Golden Gate University Law Review
This article will suggest what is required to prevail under the purposeful discrimination standard under the Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Interestingly, no equal protection environmental justice case or Title VI action has been presented to a jury charged with determining the factual issue of intent. The author will next explore the possibility of winning environmental justice cases under the citizen suit provisions that are part of most environmental statutes. Lastly, the author will suggest arguments to possible defenses that might be raised by defendants.
Riding A Cart On Golf's "Unfairways": Martin V. Pga Tour, Patty Maitland
Riding A Cart On Golf's "Unfairways": Martin V. Pga Tour, Patty Maitland
Golden Gate University Law Review
This Note begins with the background of the ADA and the PGA. Next, this Note provides the factual and procedural background of Martin v. Professional Golf Association Tour, Inc., and then examines the court's analysis of the case. This Note includes a critique of the court's conclusion that the PGA operates its tournaments as a public accommodation and, as such, is not a private club exempt from ADA compliance. Finally, this Note concludes that the Martin court's ruling raises practical concerns for professional sports organizations. These concerns arise because such organizations are now subject to challenges from athletes with debilitating …
California's Antistalking Statute: The Pivotal Role Of Intent, Christine B. Gregson
California's Antistalking Statute: The Pivotal Role Of Intent, Christine B. Gregson
Golden Gate University Law Review
Since 1990, prosecutors have learned that in order to effectively protect victims, antistalking laws must be broad in scope, carry substantial penalties, and pass constitutional muster. Convicted stalkers have repeatedly attacked the law as unconstitutional. All such challenges have failed. However, the California legislature has clarified and strengthened the antistalking law through a series of revisions over the past eight years.s Today, the antis talking law is broad in scope and has repeatedly passed constitutional scrutiny. However, the level of intent that the antistalking statute currently requires could pose problems for prosecutors by allowing accused stalkers to escape liability by …
Affirmative Action And The California Civil Wrongs Initiative, Eva Jefferson Paterson
Affirmative Action And The California Civil Wrongs Initiative, Eva Jefferson Paterson
Golden Gate University Law Review
No abstract provided.
Current Issues In Civil Rights Law, Elaine R. Jones
Current Issues In Civil Rights Law, Elaine R. Jones
Golden Gate University Law Review
This speech is a discussion of the NAACP Legal Defense Fund (LDF).
Eldredge V. Carpenters' 46 Northern California Counties Joint Apprenticeship Training Committee: The Ninth Circuit Finally Hammers The Carpenters' Union With An Affirmative Action Plan, Unaloto-Ki-Vahanoa Halamehi Aholelei-Aonga
Eldredge V. Carpenters' 46 Northern California Counties Joint Apprenticeship Training Committee: The Ninth Circuit Finally Hammers The Carpenters' Union With An Affirmative Action Plan, Unaloto-Ki-Vahanoa Halamehi Aholelei-Aonga
Golden Gate University Law Review
No abstract provided.
Defining The Parameters Of Permissible State And Local Affirmative Action Programs, Janice R. Franke
Defining The Parameters Of Permissible State And Local Affirmative Action Programs, Janice R. Franke
Golden Gate University Law Review
In the 1989 case of Richmond v. Croson, the United States Supreme Court issued a decision which has had a tremendous impact on subsequent judicial evaluations of other public sector affirmative action efforts, and hence also on the adoption and structuring of state and local affirmative action programs. One significant factor about the Croson decision was that it was the first time a majority of the Court set strict scrutiny as the standard of review for assessing the constitutionality of state and local race-based affirmative action endeavors. Despite this agreement as to the proper standard of review, however, there was …
The Dilemma Of Difference: Race As A Sentencing Factor, Palcido G. Gomez
The Dilemma Of Difference: Race As A Sentencing Factor, Palcido G. Gomez
Golden Gate University Law Review
This paper addresses the dilemma of difference, specifically that associated with the race of an offender, as it affects criminal sentencing under the federal sentencing guidelines mandated by the Sentencing Reform Act. I argue that federal judges should continue to consider an offender's race as a mitigating factor when imposing criminal sentences, despite language to the contrary in the guidelines and the enabling statute.
Legal Redress For Disability Discrimination: Bob, Carol, Ted And Alice Encounter Aids, Penn Lerblance
Legal Redress For Disability Discrimination: Bob, Carol, Ted And Alice Encounter Aids, Penn Lerblance
Golden Gate University Law Review
This article proposes to explore this compelling question. Disability discrimination, a relatively new area of civil rights protection, is a concern not only to people with disabilities, who are estimated at about 35 million in the United States, but to a majority of employers, businesses providing services and goods to the public, and governmental entities. This article will focus on Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) disease as a concrete example of disability discrimination. This survey of legal remedies will proceed by considering hypothetical and actual cases to appreciate how the remedies operate in practical situations. …