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Full-Text Articles in Law
The California Sexually Violent Predator Act And The Failure To Mentally Evaluate Sexually Violent Child Molesters, Nicole Yell
The California Sexually Violent Predator Act And The Failure To Mentally Evaluate Sexually Violent Child Molesters, Nicole Yell
Golden Gate University Law Review
Section I of this Comment explores both past and current methods of protecting potential victims from sexually violent predators. Section I also discusses the constitutional issues surrounding modern sexually violent predator civil commitment laws and the ongoing debate regarding the ability to predict future dangerousness. Section II analyzes the problems with the California SVPA, specifically in regards to the requirements under the Act and the implications these problems create. Finally, in Section III, solutions are proposed to the problems within the Act, as well as future directions government and society need to take to further protect children.
Going Beyond Parents And Institutional Review Boards In Protecting Children Involved In Nontherapeutic Research, Efi Rubinstein
Going Beyond Parents And Institutional Review Boards In Protecting Children Involved In Nontherapeutic Research, Efi Rubinstein
Golden Gate University Law Review
Part I of this Comment traces the development of ethical and legal guidelines for current informed consent procedures. Part II outlines the extent of parental authority in volunteering children for research, including legal exceptions to parental permission and possible limitations imposed on parental rights by the courts. Part III challenges the assumption that parents can and will always act in their child's best interest. Part IV argues that institutional review boards cannot be relied upon to protect children when parents fail to do so. Finally, Part V proposes possible improvements to the problematic evaluation process of parents and institutions when …
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.
Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta
Protecting The Child's Best Interest: Defending Second-Parent Adoptions Granted Prior To The 2002 Enactment Of California Assembly Bill 25, Diana Lauretta
Golden Gate University Law Review
Sharon S. v. Superior Court is pending review before the California Supreme Court. This case may nullify second-parent adoptions granted in California prior to the enactment of Assembly Bill 25, which gave same-sex domestic partners the statutory right to adopt their partner's children. Section I will examine the factual history and majority and minority opinions in Sharon S. Next, Section II of this comment will survey the history of adoption law and California Assembly Bill 25. Finally, Section III of this comment will consider differing state court opinions regarding second-parent adoptions. Section III will also offer remedies to counteract potential …
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 …
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Defining Hospitality Entities In Contracts And Statutes: A Proactive And Preventative Approach, Andrea Bastian, Stephen Barth
Golden Gate University Law Review
This Comment serves as a guide to contracting parties and legislative drafters to initially, in an accurate and descriptive manner, define the scope of the entity, and thus, avoid litigation. Additionally, the factors enumerated through permissive uses and restrictive covenants (such as a dancing or minimum stay requirement) if utilized, will enhance the enforceability of the statutes and contractual restrictive covenants.
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 …