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Articles 1 - 13 of 13

Full-Text Articles in Law

The Time Has Come For Law Enforcement Recordings Of Custodial Interviews, Start To Finish, Thomas P. Sullivan Oct 2010

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 Oct 2010

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 Oct 2010

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 Oct 2010

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.


Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros Sep 2010

Three Perspectives On Workplace Harassment Of Women Of Color, Maria L. Ontiveros

Golden Gate University Law Review

In this address, I suggest a framework for understanding the ways in which issues of race and culture play a pivotal role in what we have thought of as "sexual harassment." This framework views an incident of workplace harassment from the perspectives of the three key players: the harasser, the victim and the judicial system. From the viewpoint of the harasser, women of color appear to be less powerful, less likely to complain, and the embodiment of particular notions of sexuality. From the perspective of the women, attitudes in their community and lessons learned in their culture may make it …


Commercial Law - Interpreting The Uniform Commercial Code: Methodologies Used, Misused And Unused, Howard Foss Sep 2010

Commercial Law - Interpreting The Uniform Commercial Code: Methodologies Used, Misused And Unused, Howard Foss

Golden Gate University Law Review

No abstract provided.


Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul Aug 2010

Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul

Annual Survey of International & Comparative Law

The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …


Promises Of Rewards In A Comparative Perspective, Pablo Lerner Aug 2010

Promises Of Rewards In A Comparative Perspective, Pablo Lerner

Annual Survey of International & Comparative Law

I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if …


Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva Aug 2010

Alternative Dispute Resolution In The United States And Russia: A Comparative Evaluation, Elena Nosyreva

Annual Survey of International & Comparative Law

Unlike the United States with its extensive experience in alternative dispute resolution, this institution is in its infancy in Russia. Russia is only now developing an interest in out-of-court methods of dispute resolution. With economic changes, the number of new legal disputes has increased significantly. Russian courts of general jurisdiction are overloaded by civil cases. Ordinary litigation has become too expensive for the majority of the Russian people. In such conditions Russian society needs less expensive, more flexible alternatives to litigation. The purpose of this paper is to compare the ADR experiences in the United States and the Russian Federation, …


Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker Aug 2010

Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker

Golden Gate University Law Review

No abstract provided.


Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin Aug 2010

Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin

Golden Gate University Environmental Law Journal

This comment argues that the responsible corporate officer (RCO) doctrine, as written into the CWA and the CAA, was intended to impose an affirmative duty on corporate officers based on their position and should be interpreted to expand criminal liability in the prosecution of substantive corporate environmental crimes. This comment also argues that the courts should expand criminal liability based on the RCO doctrine instead of limiting its application. Part II provides an overview of criminal prosecution of environmental crimes: its history, procedures, and purposes, in order to provide a context for understanding how the RCO doctrine appropriately expands criminal …


Climate Change And The Public Trust Doctrine: Using An Ancient Doctrine To Adapt To Rising Sea Levels In San Francisco Bay, Tim Eichenberg, Sean Bothwell, Darcy Vaughn Aug 2010

Climate Change And The Public Trust Doctrine: Using An Ancient Doctrine To Adapt To Rising Sea Levels In San Francisco Bay, Tim Eichenberg, Sean Bothwell, Darcy Vaughn

Golden Gate University Environmental Law Journal

The predicament faced in San Francisco Bay is confronted in bays and estuaries throughout the nation. Using BCDC as a case study, this Article examines the threats posed by climate change to San Francisco Bay, the relationship between the public trust doctrine and the Takings Clause, and how the public trust doctrine can help public agencies address the impacts of climate change and sea level rise by: enhancing limited permit authority; requiring fees to mitigate the impacts of climate change; addressing the impacts of shoreline armoring; utilizing rolling easements and other legal mechanisms; protecting wetlands, marshes, and salt ponds; implementing …


Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning Aug 2010

Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning

Golden Gate University Environmental Law Journal

This Comment is an environmental justice critique of the ongoing use of methyl bromide. Part I provides an overview of methyl bromide, the Montreal Protocol, the CAA, and the Executive Order on Environmental Justice. Part II critiques the system of CUEs by arguing that the ongoing use of methyl bromide, facilitated by the Environmental Protection Agency (EPA), places an undue burden on minority and low income communities and, therefore, violates the Executive Order on Environmental Justice. In addition, Part II illustrates other instances in which the EPA has violated the Executive Order; argues that the CUE system violates the environmental …