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Full-Text Articles in Law
California's Anti-Discrimination Legislation, Proposition 14, And The Constitutional Protection Of Minority Rights: The Fiftieth Anniversary Of The California Fair Employment And Housing Act, David B. Oppenheimer
California's Anti-Discrimination Legislation, Proposition 14, And The Constitutional Protection Of Minority Rights: The Fiftieth Anniversary Of The California Fair Employment And Housing Act, David B. Oppenheimer
Golden Gate University Law Review
Fifty years ago, in 1959, the State of California outlawed racial discrimination in employment. But it took the California Legislature four more years to prohibit racial discrimination in private housing, and the immediate response was a successful campaign by the real-estate industry to repeal the law through a voter initiative. This essay tells the story of that campaign and the courageous judicial decisions that nullified the initiative.
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 …
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 …
Symbolic Speech And Equal Protection At The Las Vegas Fremont Street Experience: Aclu Of Nevada V. City Of Las Vegas, Christopher Donewald
Symbolic Speech And Equal Protection At The Las Vegas Fremont Street Experience: Aclu Of Nevada V. City Of Las Vegas, Christopher Donewald
Golden Gate University Law Review
In ACLU of Nevada v. City of Las Vegas, the Ninth Circuit held that a local "solicitation" ordinance enacted by the City of Las Vegas violated the plaintiffs' rights to expressive speech under the First Amendment. Additionally, the Ninth Circuit held that a "tabling" ordinance, which provided a labor-related exception, violated the plaintiffs' right to equal protection guaranteed by the Fourteenth Amendment. The court also decided an issue of flrst impression: whether the practice of erecting tables in a public forum for the purpose of disseminating information constitutes expressive activity and is therefore deserving of First Amendment protection. The Ninth …
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 …
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.
Not-So-Equal Protection: Securing Individuals Of Limited English Proficiency With Meaningful Access To Medical Services, Barbara Plantiko
Not-So-Equal Protection: Securing Individuals Of Limited English Proficiency With Meaningful Access To Medical Services, Barbara Plantiko
Golden Gate University Law Review
This Comment focuses on how language discrimination manifests itself in various health care settings and how it deprives individuals with limited or no English proficiency of access to a variety of essential medical services. Part I of this article provides a brief overview of how courts and the legislature have dealt with language discrimination. Part II addresses the current conflict of the law regarding the difficulties in assessing and proscribing such discrimination in the medical context. Part III explores why the current case law and legislative efforts in this area are inadequate. Part IV proposes a solution as to how …
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.
Criminal Procedure - Macfarlane V. Walter, Jennifer Benesis
Criminal Procedure - Macfarlane V. Walter, Jennifer Benesis
Golden Gate University Law Review
In Macfarlane v. Walter, the United States Court of Appeals for the Ninth Circuit held that Washington state and county early-release credit systems for prisoners violate the equal protection clause of the United States Constitution. The early-release credit systems unconstitutionally provide fewer early-release credits to pre-trial detainees who cannot afford to post bail than to similarly-situated prisoners who post bail and serve their entire sentences after trial in state prison. The court held that awarding fewer good behavior credits for time served in county jail than for time served in state prison denies equal protection of the law to pre-trial …
Constitutional Law - Lipscomb V. Simmons: State Foster Care Funding For Non-Relatives Only, Social Welfare Or Parens Patriae, David Peterson
Constitutional Law - Lipscomb V. Simmons: State Foster Care Funding For Non-Relatives Only, Social Welfare Or Parens Patriae, David Peterson
Golden Gate University Law Review
No abstract provided.
Allegheny Pittsburgh Coal V. Webster County: Are Proposition 13'S Days Numbered?, Bruce Stephan
Allegheny Pittsburgh Coal V. Webster County: Are Proposition 13'S Days Numbered?, Bruce Stephan
Golden Gate University Law Review
A taxation system1 similar in practice to California's was ruled unconstitutional by the United States Supreme Court in Allegheny Pittsburgh Coal Co. v. County Commission of Webster County, West Virginia. As a result of this decision, the future of Proposition 13, which has kept property taxes affordable for millions of Californians, is uncertain. This Comment will first. discuss Proposition 13 and the cases which have interpreted it. The Allegheny Court's decision will then be closely analyzed in an attempt to predict the outcome of a constitutional challenge to Proposition 13. Lastly, changes to Proposition 13 will be recommended that could …
Survey: Women And California Law, Alan Black, Katherine Hardy
Survey: Women And California Law, Alan Black, Katherine Hardy
Golden Gate University Law Review
This survey of California law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.
The Miller-Wohl Controversy: Equal Treatment, Positive Action And The Meaning Of Women's Equality, Linda J. Krieger, Patricia N. Cooney
The Miller-Wohl Controversy: Equal Treatment, Positive Action And The Meaning Of Women's Equality, Linda J. Krieger, Patricia N. Cooney
Golden Gate University Law Review
This Article has been constructed in three sections. Part I will examine the legal issues raised by the Miller-Wohl case by contrasting the equal treatment approach of the Pregnancy Discrimination Amendment with the positive action or reasonable accommodation approach of the MMLA. Such an examination leads to two conclusions. The first is that the PDA's equal treatment approach is by itself inadequate to assure equal employment opportunity for women who, because of their role as child bearers, confront employment obstacles not faced by men. The second is that laws such as the MMLA, which recognize and take affirmative steps to …
Rostker V. Goldberg: The Uneven Development Of The Equal Protection Doctrine In Military Affairs, Sara Macdwyer
Rostker V. Goldberg: The Uneven Development Of The Equal Protection Doctrine In Military Affairs, Sara Macdwyer
Golden Gate University Law Review
This Note examines the Court's refusal in Goldberg to apply heightened scrutiny to a discriminatory statute. The Court never satisfactorily answered the constitutional challenge: Whether, under the equal protection component of the fifth amendment's due process clause, women as a class may be excluded from military registration. Further, this Note argues that the Court improperly and unnecessarily deferred to congressional findings in ruling that Congress acted within its authority by registering only men.
Constitutional Law, Brian Beverly, Curtis E. Blystone
Constitutional Law, Brian Beverly, Curtis E. Blystone
Golden Gate University Law Review
No abstract provided.
Committee To Defend Reproductive Rights V. Myers: Medi-Cal Funding Of Abortion, Elizabeth Hendrickson
Committee To Defend Reproductive Rights V. Myers: Medi-Cal Funding Of Abortion, Elizabeth Hendrickson
Golden Gate University Law Review
No abstract provided.