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Full-Text Articles in Law
The Extension Of Privacy Rights To Workplace Text Messages Under Quon V. Arch Wireless, Heather Wolnick
The Extension Of Privacy Rights To Workplace Text Messages Under Quon V. Arch Wireless, Heather Wolnick
Golden Gate University Law Review
In Quon v. Arch Wireless Operating Co., a panel of the United States Court of Appeals for the Ninth Circuit held that a public employer violated the Fourth Amendment by searching the contents of text messages sent and received on a public employee's work-issued pager. In so holding, the Ninth Circuit found that the public employee had a reasonable expectation of privacy in the contents of the text messages, despite a formal Internet and computer policy stating otherwise. Relying on the two-part O'Connor test for public-employer searches, the court found that the search was more intrusive than necessary to determine …
An Integrative Alternative For America's Privacy Torts, Robert M. Connallon
An Integrative Alternative For America's Privacy Torts, Robert M. Connallon
Golden Gate University Law Review
Rugg and Smith encapsulate a transition between two approaches to tort protection of privacy. Rugg reflects the unitary-tort theory, which recognizes a single tort and seeks only to determine if the plaintiff's interest in privacy has been breached by the defendant's behavior. Smith reflects the multiple-tort approach that recognizes four torts, encompassing four ways in which privacy is breached, that have in common only an interference with a loosely defined understanding of privacy. This understanding of the privacy tort was lifted from the Restatement (Second) of Torts (1977), which adopted a construct first proffered by Dean William Prosser in a …
To Download Or Not To Download: Is Mere Membership Enough To Justify A Search Of A Home Computer For Child Pornography Under United States V. Gourde?, Erin Frazor
Golden Gate University Law Review
In the nine to two decision by the en banc Ninth Circuit panel in United States v. Gourde, the court ruled that probable cause existed to search the defendant's home computer based in part on his two-month subscription to a website that offered child pornography. The majority opinion sought to conform to Supreme Court precedent in its probable cause analysis, while the dissenting opinions expressed great concern about the door being opened to this type of governmental invasion of privacy. Gourde has sparked reactions by commentators regarding the implications of the decision, and has influenced the analysis of subsequent child …
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.
United States V. Thomas: Ninth Circuit Misunder-"Standing": Why Permission To Drive Should Not Be Necessary To Create An Expectation Of Privacy In A Rental Car, Matthew M. Shafae
United States V. Thomas: Ninth Circuit Misunder-"Standing": Why Permission To Drive Should Not Be Necessary To Create An Expectation Of Privacy In A Rental Car, Matthew M. Shafae
Golden Gate University Law Review
This Note argues that the proper inquiry for determining whether a defendant has a legitimate expectation of privacy in a rental vehicle when that defendant is the unauthorized driver of a rental car is the totality-of-the-circumstances test, not the permission test adopted by the Ninth Circuit. A test requiring permission is unsupported by Supreme Court precedent and will yield inconsistent results when applied. Part I provides a brief historical background for challenges to Fourth Amendment searches. Part II sets forth the background and analysis of the opinion in focus, United States v. Thomas. Part III evaluates the court's analysis in …
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Golden Gate University Law Review
Part I provides a background of federal DNA testing legislation, the Fourth Amendment implications of DNA testing and two DNA testing cases leading up to the U.S. v. Kincade decision. Part II analyzes the plurality and dissenting opinions of the U.S. v. Kincade decision. Part III argues that the plurality's balancing test has a potential for inappropriate application. Finally, Part IV concludes that the Kincade balancing test should be narrowly applied as precedent after a meaningful balancing of interests, and not as a facade for ever-expanding government interests.
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 …
Opening The Door To The Past: Recognizing The Privacy Rights Of Adult Adoptees And Birthparents In California's Sealed Adoption Records While Facilitating The Quest For Personal Origin And Belonging, Kathleen Caswell
Golden Gate University Law Review
This Comment urges that under California law, both adoptees and birthparents should have recognized constitutional rights to privacy in the information contained in court adoption files and original birth certificates. Part I examines the history of sealed adoption records in the United States and in California and how the social forces of the time contributed to the sealing of previously open records. Part II discusses the need for legislative reform by examining policy arguments supporting open records. Part III examines constitutional rights of privacy under the United States and California Constitutions respecting both birthparents and adoptees. Part IV argues that …
Technology - Konop V. Hawaiian Airlines, Inc., Patricia Defonte
Technology - Konop V. Hawaiian Airlines, Inc., Patricia Defonte
Golden Gate University Law Review
In Konop v. Hawaiian Airlines Inc., the United States Court of Appeals for the Ninth Circuit held that the unauthorized access of the content of a secure website is a violation of the Wiretap Act and the Stored Communications Act. This is the first case to determine whether unauthorized accessing of a secure private website is a violation of the Wiretap Act. This decision is contrary to an earlier decision by the Fifth Circuit in United. States v. Turk, which held that the Wiretap Act required contemporaneous transmission and acquisition of the communication. The Ninth Circuit concluded that the scope …
American Academy Of Pediatrics V. Lungren: California's Parental Consent To Abortion Statute And The Right To Privacy, Michael Grimm
American Academy Of Pediatrics V. Lungren: California's Parental Consent To Abortion Statute And The Right To Privacy, Michael Grimm
Golden Gate University Law Review
This comment will discuss the background right to privacy jurisprudence, examine the grounds under which the court of appeal decided the case, and review appellants' and respondents' arguments. Based upon the opposing parties' arguments and controlling precedent, the author will explain why the California Supreme Court should affirm the court of appeal's decision.
In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis
In Re Tyrell J.: Children And Their Reasonable Expectations Of Privacy, Shelley Davis
Golden Gate University Law Review
In re Tyrell J. examines the parameters of warrantless searches of juvenile probationers. In Tyrell, the California Supreme Court limited the use of the exclusionary rule as applied to unconstitutional searches. This note will discuss the history of the exclusionary rule and the probation search exceptions. The note will then examine the court's reasoning in Tyrell. The note will conclude by contending that the Tyrell majority disregarded the constitutional protections afforded adult citizens, and in effect reinterpreted the United States Supreme Court's "reasonableness standards."
The Sealed Adoption Records Controversy: Breaking Down The Wails Of Secrecy, Jason Kuhns
The Sealed Adoption Records Controversy: Breaking Down The Wails Of Secrecy, Jason Kuhns
Golden Gate University Law Review
This article will discuss the statutory history of adoption in the United States and advocate why a present day understanding of the interests of the parties to the adoption process requires that adoptees have greater access to these records. The author will examine the reasons why current statutory approaches do not adequately address adoptees' needs and recommend a procedural device that would sufficiently balance the interests of the parties to this controversy.
Gay Men And Lesbians Down By Law In The 1990'S Usa: The Continuing Toll Of Bowers V. Hardwick, Mary C. Dunlap
Gay Men And Lesbians Down By Law In The 1990'S Usa: The Continuing Toll Of Bowers V. Hardwick, Mary C. Dunlap
Golden Gate University Law Review
This Article will take a look at these developments and will review the progress, stasis and backsliding of the movement for gay/lesbian civil rights, since (although not necessarily because of nor despite) the Supreme Court's decision of the Hardwick case. A review of all gay/lesbian rights cases decided since Hardwick is not contemplated here, even were such an enterprise practicable. Instead, this article attempts an exploration of some cases and situations in the layered social, psychological and political context in which these legal phenomena are occurring. The purpose is to determine what lessons we have learned in the years since …
Baehr V. Lewin: Hawaii Takes A Tentative Step To Legalize Same-Sex Marriage, Marty K. Courson
Baehr V. Lewin: Hawaii Takes A Tentative Step To Legalize Same-Sex Marriage, Marty K. Courson
Golden Gate University Law Review
In Baehr v. Lewin, the Supreme Court of Hawaii sparked a controversy that has potential nationwide implications. The court held that three same-sex couples were entitled to an evidentiary hearing to determine if the State can demonstrate that denying the couples the right to marry under the Hawaii Marriage Law furthers compelling state interests. If the State fails its burden, it can no longer refuse marriage licenses to couples merely on the basis that they are of the same sex. Should this occur, gay marriages will become legal in Hawaii.
Constitutional Law - International Brotherhood Of Teamsters, V. Department Of Transportation: The Fourth Amendment, Another Victim Of The War On Drugs, Judith S. Rosen
Constitutional Law - International Brotherhood Of Teamsters, V. Department Of Transportation: The Fourth Amendment, Another Victim Of The War On Drugs, Judith S. Rosen
Golden Gate University Law Review
No abstract provided.
The Curtilage Of Oliver V. United States And United States V. Dunn: How Far Is Too Far?, Thomas E. Curran Iii
The Curtilage Of Oliver V. United States And United States V. Dunn: How Far Is Too Far?, Thomas E. Curran Iii
Golden Gate University Law Review
Oliver and Dunn present substantial difficulties to police and courts attempting to implement the rules of the cases in the field and courtrooms. An examination of the two cases reveals that no genuinely autonomous doctrine has been revived: applying the open fields "doctrine" of Oliver and Dunn involves virtually the same inquiries as the "reasonable expectation of privacy" test of Katz. Rather than providing a bright line rule that will efficiently dispose of fourth amendment problems, it is readily foreseeable that in addition to challenges under Katz, defendants will also routinely challenge residential searches under Oliver and Dunn. Because analysis …
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.
Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier
Preventing The Spread Of Aids By Restricting Sexual Conduct In Gay Bathhouses: A Constitutional Analysis, Stephen L. Collier
Golden Gate University Law Review
This analysis of the state's authority to limit sexual behavior in gay bathhouses will begin by examining the precedents involving the use of quarantine and nuisance statutes to control the spread of communicable diseases. A discussion of common law limitations on the use of those statutes will follow. The constitutional analysis begins with the right to privacy embodied in the United States and California Constitutions, and its relationship to gay sexual intimacy generally. The application of rational basis and strict scrutiny standards will be analyzed and arguments presented in favor of applying strict scrutiny. The state's compelling interest in stopping …
Electronic Monitoring Of Probationers: A Step Toward Big Brother?, Julie M. Houk
Electronic Monitoring Of Probationers: A Step Toward Big Brother?, Julie M. Houk
Golden Gate University Law Review
Recently, high technology has found an application in the area of probation. Although the probation technology does not parallel the intrusiveness of some of the previously mentioned electronic surveillance techniques, such an application of high technology may lead to greater intrusions on not only the privacy of persons convicted of crimes, but on society in general. This comment will discuss an existing probationer surveillance program in New Mexico, an analysis of electronic surveillance under the fourth amendment, post-conviction rights, and whether or not such a monitoring program is a valid condition of probation under federal and state statues.
Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson
Women Prisoners: Freedom From Sexual Harassment - A Constitutional Analysis, Laurie A. Hanson
Golden Gate University Law Review
Sexual harassment of female inmates by male guards permeates American prisons because the imbalance of power between the guard and the prisoner allows and encourages it to exist. Sexual harassment in prison is not a series of isolated incidents; rather, it is so much a part of the power structure that it is almost invisible. There are few reported cases of sexual harassment of women prisoners. Until recently sexual harassment, even outside the prison, went unnoticed. Also, if a prisoner reports sexual abuse, the prison administration will generally blame the prisoner, or deny the accusation, but only occasionally fire the …
Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca
Committee To Defend Reproductive Rights V. Myers: Procreative Choice Guaranteed For All Women, Alison Erca
Golden Gate University Law Review
This Note will trace the development of the right to privacy as applied to abortion funding and as interpreted by the United States and California Supreme Courts. Although both courts have recognized the physical and psychological harm from forced childbearing or parenting, only the California court has been willing to unequivocally acknowledge the enormous implications on a woman's education, employment and associational opportunities. For a woman, the right to privacy, inherent in the decision whether or not to bear a child, is essential for personal control of her body. Unlike the United States Supreme Court, the C.D.R.R. court has asserted …
Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush
Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush
Golden Gate University Law Review
This Comment argues that parental notification statutes unduly burden a minor woman's right of privacy as they impose a state-created obstacle to minor women who wish to exercise their right to have an abortion. This right means very little if state regulations or restrictions make access to abortions difficult or impossible. The interests that such regulations seek to protect - the health of the minor and the parent-child relations - are not served by parental notification. The health consequences for minor women who bear children are severe and the psychological health of minor women can be detrimentally affected by requiring …
Sexual Display Of Women's Bodies - A Violation Of Privacy, Barbara S. Bryant
Sexual Display Of Women's Bodies - A Violation Of Privacy, Barbara S. Bryant
Golden Gate University Law Review
No abstract provided.