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Full-Text Articles in Law
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Rodriguez V. Hayes: Government Accountability For Immigrants In Prolonged Detention, Otis Carl Landerholm
Golden Gate University Law Review
United States Immigration and Customs Enforcement (ICE) chooses to keep many immigrants incarcerated while they await the results of their hearings before immigration judges, appeals to the Board of Immigration Appeals (BIA), or second appeals to the federal courts of appeals. Starting with Zadvydas v. Davis in 2001, federal courts have been facing the question of whether such lengthy detentions are permissible under either the Immigration and Nationality Act (INA) or the U.S. Constitution. The U.S. Supreme Court in Zadvydas held that indefinite detention “would raise serious constitutional concerns” and decided to construe the prolonged-detention statute at issue “to contain …
Witt V. Department Of The Air Force Subjects "Don't Ask, Don't Tell" To Intermediate Scrutiny, Jessica L. Beeler
Witt V. Department Of The Air Force Subjects "Don't Ask, Don't Tell" To Intermediate Scrutiny, Jessica L. Beeler
Golden Gate University Law Review
"Don't Ask, Don't Tell" ("DADT") refers to the statutory U.S. policy of excluding openly homosexual individuals from serving in the military. It prohibits members of the armed forces from engaging in homosexual acts, stating that they are gay or bisexual, or openly marrying a person of the same sex. Although the constitutionality of DADT has been upheld several times in federal Court, these cases preceded the United States Supreme Court's holding in Lawrence v. Texas. In Lawrence, the Supreme Court struck down a Texas antisodomy statute as unconstitutional and declared that the private homosexual conduct targeted by the law was …
Designating Terrorist Organizations: Due Process Overdue, Micah Wyatt
Designating Terrorist Organizations: Due Process Overdue, Micah Wyatt
Golden Gate University Law Review
This Comment argues that §1189 is unconstitutional because it deprives accused terrorist organizations due process under the Fifth Amendment to the U.S. Constitution. Section I will provide an explanation of §1189 and §2339B and their effect on both an organization and its supporters. Section II will provide a brief overview of the Due Process Clause in the context of administrative proceedings. Section III will show how §1189 deprives organizations due process under the Fifth Amendment because the statute does not include the most fundamental requirements of procedural due process. Section III(A) will address the initial question of whether organizations are …
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Golden Gate University Law Review
The Ninth Circuit reaffirmed in Fields v. Palmdale School District that the constitutional "due process right of parents to make decisions regarding their children's education does not" authorize "individual parents to enjoin school boards from providing information" deemed appropriate in the performance of their educational function. The court further held that the parental right of privacy over the upbringing of children does not entitle parents to prohibit public schools from providing curricula about sex which the schools' boards deem educationally appropriate.
An Unreasonable Online Search: How A Sheriffs Webcams Strengthened Fourth Amendment Privacy Rights Of Pretrial Detainees, Ian Wood
Golden Gate University Law Review
This Note will discuss how courts approach pretrial detainees' claims of punishment, exploring both Fourteenth Amendment Due Process claims and privacy rights under the Fourth Amendment. It will go on to discuss Demery's implications for Fourth Amendment privacy rights of pretrial detainees. Part I explores the protections pretrial detainees are afforded under the Fourteenth Amendment Due Process Clause." Part l.A discusses the general differences between pretrial detainees and convicted prisoners. Part I.B considers two Supreme Court cases - Bell v. Wolfish and Block v. Rutherford - that address the standards used in evaluating punishment claims in a pretrial detention context …
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.
How Far Can A State Go To Protect A Fetus? The Rebecca Comeau Story And The Case For Requiring Massachusetts To Follow The U.S. Constitution, Hedy R. Bower
Golden Gate University Law Review
This comment will explore the question of whether a state can take a pregnant woman into custody and subject her to prenatal care despite her religious beliefs that prohibit her from seeking medical care. Part II of this comment explains the historical development of a woman's fundamental right to privacy in making decisions concerning her pregnancy. Part II also discusses the limited contexts in which a fetus has rights, a person's right to free exercise of religion, and a person's freedom to refuse medical care. Part III addresses the legal procedures by which a state may confine a person against …
Criminal Procedure - Spain V. Rushen: Shackles Or Show Time? A Defendant's Right To See And Be Seen, Randall E. Tuskowski
Criminal Procedure - Spain V. Rushen: Shackles Or Show Time? A Defendant's Right To See And Be Seen, Randall E. Tuskowski
Golden Gate University Law Review
No abstract provided.
Criminal Law And Procedure, Veronica A. Franz Gundred, Richard A. Nebb
Criminal Law And Procedure, Veronica A. Franz Gundred, Richard A. Nebb
Golden Gate University Law Review
No abstract provided.
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Annual Survey of International & Comparative Law
This note discusses the procedure of dispute resolution in the World Trade Organization (WTO). The note goes on to discuss WTO disputes involving intellectual property to date and the possible impacts of the WTO dispute resolution procedures on the determination of substantive issues of intellectual property law, using dispute WS 160 involving the Fairness in Music Licensing Act, as an example. The note concludes that the same concerns about lack of due process and inability of amici to appear in the proceedings that cause concern in the environmental field are also causes of concern with respect to intellectual property rights …