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Articles 1 - 30 of 61
Full-Text Articles in Law
Second Annual Chief Justice Ronald M. George Distinguished Lecture: Women Chief Justices
Second Annual Chief Justice Ronald M. George Distinguished Lecture: Women Chief Justices
Ronald M. George Distinguished Lecture Series
Invitation and List of Sponsors for 2010.
Considering Affective Consideration, Hila Keren
Considering Affective Consideration, Hila Keren
Golden Gate University Law Review
Focusing on the interaction of law and emotions, this Article unfolds in three parts. Part I illuminates the connection between the affective background of donative promises and their modem unenforceability. It hypothesizes that rejecting promises that are not supported by consideration can be seen as an effort to distance law from any association with irrational decisionmaking and to disassociate it from "emotional" spheres. Part II seeks to correct the erroneous way affective giving has been perceived by law in the gifts context. The law must carefully analyze each relevant emotion concretely and separately, rather than treating emotion as an undifferentiated …
Lost Laws: What We Can't Find In The U.S. Code, Will Tress
Lost Laws: What We Can't Find In The U.S. Code, Will Tress
Golden Gate University Law Review
This article looks at the development of the U.S. Code as the primary expression of federal statutory law and at those features which detract from its usefulness in that role. To provide background, some defmitions of terms pertaining to codes are provided, followed by a history of the U.S. Code, a description of appropriations riders as a source of uncodified law, and a look at some of the agencies that create and maintain the Code. The Analysis section discusses particular problems with the current Code. Special attention is paid to enacted law relegated to footnotes and appendices of the Code, …
Attorneys' Fees Awards To Contract Nonsignatories: Should Equitable Estoppel Inform The Discretion Of The Courts?, Stephen R. Ginger
Attorneys' Fees Awards To Contract Nonsignatories: Should Equitable Estoppel Inform The Discretion Of The Courts?, Stephen R. Ginger
Golden Gate University Law Review
This Article argues that, although the doctrine of estoppel has fallen into disrepute in recent cases, it is still the fairest and most equitable basis on which to adjudicate the right to attorneys' fees in non signatory cases. Part II puts the problem of nonsignatory recovery of attorneys' fees in historical context by examining the roots and rationale of the "American Rule" of attorneys' fees. Part III describes section 1717 of the California Civil Code and case law interpretation of that section. Part IV will trace the development of the doctrine permitting recovery of attorneys' fees by non signatories to …
Jesse Carter Memorial Lecture: Keeping Your Soul In Public Service, Jeff Bleich
Jesse Carter Memorial Lecture: Keeping Your Soul In Public Service, Jeff Bleich
Golden Gate University Law Review
No abstract provided.
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Corporate Cooperation In Criminal Investigations: Waiving Privileges Without Coercion, Emily S. Keller
Golden Gate University Law Review
Part I of this comment explains the attorney-client privilege and the waiver doctrine and demonstrates the important role the privilege plays in our legal system. It shows why, according to the DOJ charging policy, waiver of the privilege is often needed during corporate investigations. It also addresses how the charging policy erodes the privilege in the corporate context, thereby creating governance problems for corporations. Part II provides legal definitions and standards for coerced waivers to show that the choice corporations must make between waiving the privilege or increasing their risk of indictment does not meet any legal test for coercion. …
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Democracy On Trial: Terrorism, Crime, And National Security Policy In A Post 9-11 World, David Schultz
Golden Gate University Law Review
The events of 9-11 presented western democracies with a challenge and a test. The challenge: respond to terrorism either by military or diplomatic means (such as criminal apprehension and prosecution) to address national security needs and to protect civilian populations, infrastructure, and commerce. The test: meet the terrorist and national security challenges while simultaneously respecting international law, human rights, domestic constitutionalism, rule of law, and individual rights and liberties of both citizens and non-citizens. Unfortunately, the report card on both the challenge and test reveal a mixed record, especially in the United States. This Article examines regime responses to international …
Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy
Public Concern - A "Newsworthy" Exception To The Grant Of Preliminary Injunctions In Trade Secret Cases, Sahana Murthy
Golden Gate University Law Review
Part I of this Comment provides a brief description of various provisions of California's trade secret law, the Uniform Trade Secrets Act ("UTSA"). Part II analyzes the various categories of trade secret users who may become liable for unauthorized publication of a trade secret. Part ill examines the distinct approaches of the United States Supreme Court and the California Supreme Court in granting preliminary injunctions against third party publication of confidential information. Part IV identifies the features of a newsworthy- public-concern exception to the grant of preliminary injunctions against third party publishers in trade secret cases. Part V provides justification …
Privacy: Its Destruction And The Struggle To Preserve It, Marina Bacchetti
Privacy: Its Destruction And The Struggle To Preserve It, Marina Bacchetti
Golden Gate University Law Review
No abstract provided.
Book Review - Susan M. Behuniak, A Caring Jurisprudence, Kim Harvey
Book Review - Susan M. Behuniak, A Caring Jurisprudence, Kim Harvey
Golden Gate University Law Review
No abstract provided.
Boggs V. Boggs: State Community Property And Succession Rights Wallow In Erisa's Mire, Tony Vecino
Boggs V. Boggs: State Community Property And Succession Rights Wallow In Erisa's Mire, Tony Vecino
Golden Gate University Law Review
This Note will summarize the history of Boggs and discuss the issues that led to a circuit split between the Fifth and Ninth Circuits regarding community property rights and ERISA protected pension plan benefits in the testamentary context. It will also track ERISA's legislative history to determine Congressional intent. In particular, this Note will examine inconsistencies among past judicial constructions based on the application of ERISA's preemption and spendthrift provisions to regulate private pension plans. Further, this Note will scrutinize the Court's holding in Boggs giving deference to the facts in the record to clarify the problems inherent in the …
Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Suitum V. Tahoe Regional Planning Agency: Applying The Takings Ripeness Rule To Land Use Regulations And Transferable Development Rights, Michael B. Hitchcock
Golden Gate University Law Review
This note sets forth the facts and procedural history of Suitum. The background of ripeness in the context of government regulation of land use and constitutional takings claims is examined in Section III. The major area of inquiry is the evolution and application of the Williamson County two hurdle, "final decision" and "state procedures," ripeness test. The analysis of both the Ninth Circuit opinion and the reversing United States Supreme Court opinion are presented in Section IV. Section V evaluates the differing positions of the Ninth Circuit and the Supreme Court regarding the application of the ripeness test to TDRs. …
Senate Bill 1413: The Answer To Senate Bill 60 Plebiscite And Its Constitutionality Under The Inherent Powers Doctrine, Tamara Hill
Golden Gate University Law Review
This Comment will examine the evolution of the California State Bar, its intended purpose and the reasons for which its structure is currently under attack. It will also discuss the respective roles of the California Legislature and California Supreme Court in regulating the legal profession under the Inherent Powers Doctrine. Moreover, this Comment will analyze whether the attempt by California Legislature to restructure the State Bar, using SB 1413, is constitutional under the Inherent Powers Doctrine by applying the two-part test established in Brydonjack v. State Bar of California. Finally, this Comment concludes that SB 1413 is constitutional under the …
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
The Erosion Of Affirmative Action: The Fifth Circuit Contradicts The Supreme Court On The Issue Of Diversity, Emily V. Pastorius
Golden Gate University Law Review
This Comment will begin by examining the facts and procedural history of the Hopwood case. It will discuss background information relevant to understanding affirmative action and the precedent used by the Fifth Circuit, most notably the Bakke decision. This Comment will also examine the application of affirmative action in higher education admissions policies. It will evaluate the Fifth Circuit's reasoning for contradicting Bakke when the Fifth Circuit concluded that racial considerations are impermissible in admission plans in higher education. Finally, this Comment proposes that the Fifth Circuit was hasty in rendering its conclusion.
Borawick V. Shay: The Admissibility Of Hypnotically-Induced Memories, Kristy L. Topham
Borawick V. Shay: The Admissibility Of Hypnotically-Induced Memories, Kristy L. Topham
Golden Gate University Law Review
This Note will trace the facts and history of the Borawick case. This Note will then discuss reliability problems associated with hypnotically-induced memories as well as the various approaches to admissibility of hypnotically-refreshed testimony. An explanation of the Second Circuit Court's analysis in Borawick follows. Finally, the Note will critique the Court's reasoning and suggest a possible remedy for the shortcomings of the Second Circuit's chosen approach to admissibility.
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chermerinsky
Golden Gate University Law Review
This afternoon I want to discuss what would be the impact of eliminating affirmative action. To do this, I want to focus on what I see as the myths of affirmative action and then the realities of affirmative action. I believe that the popular discussion of this important and divisive topic is very much distorted by certain myths. I would identify for you three myths of affirmative action.
Introduction Of Elaine R. Jones, The Hon. Thelton Henderson
Introduction Of Elaine R. Jones, The Hon. Thelton Henderson
Golden Gate University Law Review
No abstract provided.
Inclusiveness, Interrelatedness, And The Affirmative Action Debate In California - Introduction To The Ggu School Of Law Symposium On Race Relations In America, David B. Oppenheimer
Inclusiveness, Interrelatedness, And The Affirmative Action Debate In California - Introduction To The Ggu School Of Law Symposium On Race Relations In America, David B. Oppenheimer
Golden Gate University Law Review
No abstract provided.
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Oregon Natural Resources Council V. Thomas; Another "Meritorious" Timber Lawsuit Fails: Do Substantive Riders Warrant An Exception To The Plain Language Rule?, Julie A. Coldicott
Golden Gate University Law Review
This note provides a brief background to the Rescissions Act, outlines the Act's provisions and examines the Ninth Circuit Court's decisions interpreting these provisions prior to Oregon Natural Resources Council v. Thomas. Section III sets forth the facts and procedural history of ONRC II, the most recent meritorious lawsuit to fall victim to the provisions of the Rescissions Act. Section IV examines the Ninth Circuit Court's analysis and holding in ONRC II. Section V argues that although the Ninth Circuit's decision in ONRC II was correct under current standards, the result was fundamentally wrong. Section V also examines the rules …
Initial Case Analysis For Trial Teams, Wes R. Porter
Initial Case Analysis For Trial Teams, Wes R. Porter
Publications
This post is from Wes Porter. Wes teaches trial advocacy, e,;dence and white collar crime at Golden Gate University School of Law in San Francisco. If you are involved in coaching trial teams, please take the time to comment on Wes's approach to case analysis.
Are Rule 26(C) Protective Orders Viable Against Grand Juries? The Ninth Circuit Rejects Balancing Test In Favor Of A Per Se Rule: United States V. Janet Greeson's A Place For Us (In Re Grand Jury Subpoena Served On Meserve), Dane L. Steffenson
Golden Gate University Law Review
This comment compares the Fourth, Eleventh, and Ninth Circuits' per se rule with the Second Circuit's balancing approach. It concludes that the courts adopting the per se rule made unwarranted findings by overstating the reach of protective orders by construing them as improper "de facto" grants of immunity. The courts also understated the retained power of a grand jury by declining to recognize that even when a protective order exists, a grand jury can still call witnesses, have a court compel testimony, or use leaked information for prosecution even though it is sealed.s Further, these courts could have applied a …
Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill
Prison Law - Casey V. Lewis: The Legal Burden Is Raised; The Physical Barrier Is Spared, Song Hill
Golden Gate University Law Review
In Casey v. Lewis, the Ninth Circuit held that a prisoner's Fourteenth Amendment rights of meaningful access to the courts are not violated when he is prohibited from contact visitation with his attorney under an Arizona prison regulation. The Ninth Circuit requires prisoners to demonstrate the unreasonableness of a prison regulation which infringes upon their constitutional rights. Further, the court approves an adequate law library as an alternative to attorney-client visits to satisfy a prisoner's Fourteenth Amendment rights of meaningful access to the courts, discounting counsel's indispensable services to a prisoner.
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
Golden Gate University Law Review
This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin decision, …
A Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe
A Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe
Golden Gate University Law Review
Family law practitioners and scholars, especially those involved with or responsible for servicing the rapidly increasing numbers of children entering the foster care system, should take the time to read this serious book by Harvard Law Professor Elizabeth Bartholet. Family Bonds is an unusual interweaving of autobiographical storytelling with a carefully researched, powerfully crafted indictment of American societal views about parenting, adoption laws and practices.
Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin
Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin
Golden Gate University Law Review
This article will examine the development of the standard for eighth amendment review used in cases challenging the conditions of confinement before and after Wilson. It will begin with a examination of the interpretations of the cruel and unusual punishment clause in the Supreme Court. This article will then analyze the objective standard for eighth amendment review as applied by the Ninth Circuit Court of Appeals in prison condition cases. After an analysis of the subjective standard for eighth amendment review established in Wilson v. Seiter, the article will survey how the Ninth Circuit and other circuits have applied this …
Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs
Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs
Golden Gate University Law Review
The high technology law practice. tracks the incredible pace of development in the computer industry. High tech practitioners are often instrumental in bringing new technologies to market, ensuring their protection from infringement, and structuring the relations and obligations that bring new products to the consumer. As advocates, they push for greater protection of emergent fields, either through new legislation or clearer definitions of existing law. And for all that computer law practitioners depend on technology for the lifeblood of their practice, there are numerous possibilities for increased efficiency based on this technology that are overlooked. In this article we propose …
Federal Jurisdiction, Susan E. Foe
Federal Jurisdiction, Susan E. Foe
Golden Gate University Law Review
No abstract provided.
Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney
Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney
Golden Gate University Law Review
This comment will explore the origins of dram shop liability and server training's evolution from liquor liability laws. The comment will also survey existing server training laws, identify the goals of server training and discuss the obstacles facing the movement.
Federal Jurisdiction, Susan H. Handelman
Federal Jurisdiction, Susan H. Handelman
Golden Gate University Law Review
No abstract provided.
A Comparative Analysis Of Name And Likeness Rights In The United States And England, Catherine Louise Buchanan
A Comparative Analysis Of Name And Likeness Rights In The United States And England, Catherine Louise Buchanan
Golden Gate University Law Review
This comment will initially examine English law regarding appropriation, using as a point of departure the early professional cases. It will then discuss the contemporary standard applied in modern actions under the theory of passing off, tracing the development of the theory. Thirdly, the right of privacy will be examined from the American perspective. The right of publicity, the fourth topic, is derived from the right of privacy. Finally, after a brief look at the extrajudicial source of the rules utilized by the British Advertising Industry, the comment will conclude with a discussion of the author's proposals for future legislation.