Law Commons^™

Volume 52, Issue 1, Front Matter

Golden Gate University Law Review

No abstract provided.

Comment: Toxic: The Case Of Britney Spears Sheds Light On Issues With California Conservatorship Laws, Berenice Quirino

Golden Gate University Law Review

A conservatorship is a legal arrangement in which one person is responsible for the affairs of another, presumably because that person cannot manage alone. Britney was one of the estimated three million adults in the United States who cannot make decisions about their own lives. Instead, the court transfers the decision-making role to another person, known as a conservator. This drastically reduces the legal status of the person under conservatorship, known as a conservatee.

Britney’s case is a prime example of the difficulties associated with conservatorships. Since Britney’s conservatorship ended, California amended the law to address some of the concerning …

Comment: Ensuring Wages For California Restaurant Workers: Utilizing The Self-Help Prejudgment Wage Lien Tool, Rebekah Didlake

Golden Gate University Law Review

Wage theft runs especially rampant in California’s restaurant industry and these workers are highly susceptible to worthless wage judgments. Some estimates found restaurant workers account for up to 10% of wage claims filed with the Labor Commissioner each year.

Although wage theft is a nationwide epidemic crossing various industries, this Comment explores the wage theft crisis in the context of low-wage restaurant workers and the obstacles they face when recovering unpaid wages. This Comment argues that a self-help prejudgment wage lien tool is an ideal solution to ensure restaurant workers can collect unpaid wages.

Comment: Sb 145: Defending And Applying Discretion To California’S Sex Offender Registry, Elias Hernandez

Golden Gate University Law Review

SB 145 equalizes sentencing treatment for members of the LGBTQ community, and seeks to improve the California Sex Offender Registry , by expanding a trial judge’s discretion to impose sex offender registration.

Since 1944, “[a] loophole in the law”. . . force[d] anyone convicted of consensual sex [with a minor], such as gay men or lesbians, to register as a sex offender.” Judges had no choice but to impose sex offender registration in those circumstances.

SB 145 gives trial judges discretion to place a person on the Registry if the offender- a legal adult at the time of the offense- …

Comment: Injury-In-Fact: Solving The Federal Circuit Court Split Regarding Constitutional Standing In Data Theft Litigation, Simone Cadoppi

Golden Gate University Law Review

This Comment explores the circuit split with regard to standing in data theft cases and proposes a solution for the Supreme Court to adopt. The federal circuits are divided between a more permissive “substantial risk” standard and a more prohibitive “certainly impending” standard. To resolve this split, the Supreme Court should adopt the more permissive substantial risk standard that only requires plaintiffs to show that there exists a substantial risk of future harm stemming from an actual data breach. When establishing constitutional standing, the Supreme Court should only require that plaintiffs establish the occurrence of an actual data breach that …

Comment: Is Out-Of-State Tuition Unconstitutional And Could Removing It Ease The United States’ Student Debt Crisis?, Ryan Griffith

Golden Gate University Law Review

This article argues that for the good of the nation the discriminatory practice of charging out-of-state tuition should be ceased and that under the Privileges and Immunities Clause, as well as the Fourteenth Amendment, this practice has violated the law for decades.

Comment: Technology & Textualism: A Case Study On The Challenges A Rapidly Evolving World Poses To The Ascendant Theory, Matt Elgin

Golden Gate University Law Review

In Encompass Insurance Co. v. Stone Mansion Restaurant Inc., the Third Circuit relied on a technical reading of the statute and a strict textualist analysis to conclude that the stratagem known as “snap removal” was permitted under the plain language of 28 U.S.C. § 1441(b)(2). This provision codifies the so-called “forum defendant rule,” providing that “[a] civil action otherwise removable solely on the basis of . . . [diversity] jurisdiction . . . may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such …

Front Matter

Golden Gate University Law Review

No abstract provided.

Winter 2023 Newsletter, Golden Gate University School Of Law

Women’s Employment Rights Clinic

No abstract provided.

Judges Of The United States Court Of Appeals For The Ninth Circuit

Golden Gate University Law Review

No abstract provided.

Case Summary: Soto-Soto V. Garland: Ninth Circuit Rules Bia Applied The Wrong Standard Of Review And Erred In Denying A Victim Of Torture Deferral Of Removal Under The Convention Against Torture, Vanessa Lee

Golden Gate University Law Review

The Ninth Circuit granted a petition for review of the Board of Immigration Appeals decision to deny a deferral of removal under the Convention Against Torture. The Board held that the Immigration Judge’s findings granting Delfina Soto-Soto relief under the convention were clearly erroneous. The Board reasoned that the judge failed to acknowledge certain facts that indicate Soto-Soto is not likely to suffer torture if sent back to her country, Mexico. On appeal, Soto-Soto argues that the Board did not apply the correct standard of review. Instead of reviewing the judge’s finding under the clear-error standard, Soto-Soto contends that the …

Case Summary: Dr. Seuss Enterprises V. Comicmix Llc: Ninth Circuit Affirms Copyright Fair Use And Trademark Infringement Precedents

Golden Gate University Law Review

More than twenty years ago, in Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., the Ninth Circuit favored Seuss, concluding that The Cat NOT in the Hat!, a self-described “parody” of The Cat in the Hat, did not represent “fair use” of the children’s book under the Copyright Act. In 2019, Seuss entered litigation with ComicMix, the creator of Oh, the Places You’ll Boldly Go!

(“Boldly”), another self-proclaimed parody of the Dr. Seuss classic Oh, the Places You’ll Go! (“Go!”). The case presented a set of facts strikingly similar to those in …

Note: City Of Oakland V. Wells Fargo Co.: Examining The Proximate Cause Standard Under The Fair Housing Act, Ava Lau-Silveira

Golden Gate University Law Review

The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping “everyone attain the American dream of home ownership.” In 1999, the “Fannie Mae” made subprime mortgage loans readily accessible to those who normally would not qualify. People in Oakland, who “used to find it difficult to obtain mortgages,” were suddenly able to obtain mortgage loans, but with subprime terms, which started with low monthly payments, but would increase based on changes in the market interest rates. By 2008, subprime borrowers began defaulting on their loans at an unprecedented rate.

During the 2008 mortgage …

J.E.F.M. V. Lynch: The Jurisdictional Exclusion Of Legal Representation For Immigrant Children, Kourtney Speer

Golden Gate University Law Review

The border crisis created a perfect storm in immigration courts, as children wind their way from border crossings to immigration proceedings. The storm has battered immigration courtrooms crowded with young defendants but lacking lawyers and judges to handle the sheer volume of cases.

How General Data Protection Regulation Advances And Harmonizes The International Controller, Processor And Data Subject Contracts, Azam Zarechahoki

Theses and Dissertations

In the technology and digital era, data is used daily by all businesses including insurance companies, banks, and social media sites. Many companies are involved in processing individuals’ data and data could easily be transferred from one website to another which might be in another country. In fact, there are no borders in cyberspace. Generally, personal data refers to any information relating to individuals including name, address, and credit card numbers. In the cyber environment, it is challenging for people to take control of their personal information and avoid being tracked online. Data protection law is the safeguard to protect …

Temporary Protected Status For Ukraine – How Are Countries Selected For Tps And Who Qualifies?, Golden Gate University School Of Law

GGU Law Review Blog

Following Russia’s invasion of Ukraine, Secretary Alejandro N. Mayorkas of the Department of Homeland Security (DHS) announced that Ukraine has been designated for Temporary Protected Status (TPS) for 18 months from April 19, 2022 to October 17, 2023. Eligible Ukrainian nationals who receive TPS are protected from deportation, allowed to live and work in the United States, and may be granted travel authorization. Under the designation of Ukraine, DHS estimates that roughly 59,000 individuals could be eligible to receive TPS. Despite the temporary nature of the program that allows TPS recipients to stay in the United States for a limited …

Does Ceqa Need A Rewrite Or Just A Better Public Relations Manager?, Brian Gillis

GGU Law Review Blog

I’ve recently been tempted to blame my existential climate-change-induced dread on a 50-year-old environmental law that may be exacerbating California’s contributions to the climate crisis. The impacts of climate change are here and will only grow more severe. I’m angry, and I am scared for the future because we aren’t doing nearly enough to mitigate the worst impacts of climate change. The climate action pledges taken by many countries are insufficient, and we aren’t even on track to meet these pledges. The calls-to-action are all about urgency: “we need to act yesterday to avoid a climate catastrophe.” So, an environmental …

Don’T Say Gay…At Least, Not In Front Of Your Teachers, Esra Coskun-Crabtree

GGU Law Review Blog

The Florida Senate passed The Parental Rights in Education bill, also known as the “Don’t Say Gay” bill by the media on March 28, 2022. This Bill proposes that a school district may not “discourage or prohibit parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being,” nor “encourage classroom discussion about sexual orientation or gender identity in primary grade levels or in a manner that is not age-appropriate or developmentally appropriate for students.” The bill would allow parents to “bring an action against a school district to obtain a declaratory judgment …

Fast Fashion: A Price The Planet Has To Pay, Abby Gager

Environmental Law Journal blog

With fashion trends rapidly changing, the fashion industry is placed under pressure to produce new styles quickly and for a cheap price. Although consumers enjoy having the latest trends at their fingertips with the convenience of online shopping, the rise of fast fashion will have a long-lasting detrimental impact on the environment. Fashion is considered “fast” for a variety of reasons; the constant change in trends is fast, the rate of production is fast, the consumer’s decision and methods of buying are fast, delivery is fast, and articles of clothing are worn fast before they are tossed and to never …

Is Using Preferred Gender Pronouns Important In The Courtroom?, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

In relation to the Farmer v. Brennan, a case discussed in this blog, it is important to note that triggering language is used in the opinion, as the incorrect pronouns are used to refer to the petitioner throughout.

The use of proper gender pronouns is important to nearly every person in the world. In all cases, proper and preferred gender pronouns are the same. It is respectful and expected to use a person’s preferred pronouns e.g., the proper term for the person. Whether you are part of the LGBTQ+ community or not, the use of proper gender pronouns is only …

Spring 2022 Newsletter, Golden Gate University School Of Law

Women’s Employment Rights Clinic

No abstract provided.

Cybercrimes And The Rule Of Law In West-Africa: The Republic Of Cote D’Ivoire As A Case-Study., John N. Adu

Theses and Dissertations

Since becoming independent nations in the 60s, West-African countries have enacted laws and regulations with the goals of ensuring peace and justice within their respective borders. On the paper, there was no difference between the justice systems of those newly independent nations and the justice systems of their former masters.

Unfortunately, the rule of law in West-African nations since gaining independence, has not always been followed for a myriad of social, cultural, political, and economic reasons. Most justice systems in West-Africa including in Cote d’Ivoire are deeply corrupted, thus rendering the goal of a peaceful society through a fair justice …

Transnational Bankruptcy Under International Law: Making A Case For Establishing A Unified System, Yanjun Zhao

Theses and Dissertations

In recent years, there has been a rapid increase in transnational bankruptcy cases around the world. Taking the United States as an example, from 2005 to June 30, 2020, the U.S. bankruptcy court has accepted 1488 procedural cases under Chapter 15 of the U.S. bankruptcy Code. “Cross-border bankruptcy cases filed in the U.S. under chapter 15 of the Bankruptcy Code on behalf of foreign businesses doubled during 2020 and are on pace to set another record-breaking year in 2021 (with more than 123 filings in the first half of the year alone). Foreign debtors are increasingly looking to chapter 15 …

Wrongfully Charged, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

On January 10, 2020, a San Francisco Superior Court judge, at the request of a San Francisco Police officer, issued an arrest warrant in connection with a residential burglary. Mot. Suppress Evid. Off’d Against Def. Prelim. Hr’g, 6:1-2. The warrant listed suspects to be arrested and described a residence in Oakland that was to be searched. Id. at 3:5-13. The San Francisco Police Department sent a special operations unit to execute the warrant. Id. at 10:13-22. When the officers arrived at the house, they found the suspect as well as other individuals in the house.

One of those individuals was …

Mandatory Minimums Require A Much-Needed Facelift, Golden Gate University School Of Law

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

Hamedah Hassan was an overall upstanding member of our society until she became a victim of her extenuating circumstances. When Hamedah was 21 years old, she made a brave choice to flee from an extremely abusive relationship with her two children. At the time, Hamedah’s only option was to seek refuge at her cousin’s house. However, Hamedah’s cousin was dealing crack cocaine and soon roped her into running errands for his drug business. After two years of being involved in the drug business, Hamedah decided to return to her hometown as she wanted to earn an honest living for herself …

Nft: The Next Big Thing?, Golden Gate University School Of Law

GGU Law Review Blog

In 2021, Non-Fungible Tokens (“NFTs”) have taken the world of digital art to new heights. Artists are beginning to “tokenize” their art and sell them in NFT marketplaces for highly lucrative prices where bids can be made only with cryptocurrency. The “hype” surrounding NFTs grows by the day, thousands of new NFTs are being “minted” everyday. Even celebrities are getting involved in this digital movement. It seems however, that we have seen only the infancy of the blockchain based technology and that it may soon venture off beyond the world of digital art. For those in the legal profession, it …

Attacks On Affirmative Action: Holistic Review Of College Applicants Under Fire, Jennifer Gomez

GGU Law Review Blog

The Supreme Court has upheld affirmative action in higher education recognizing that the consideration of race in a holistic review of a college applicant is narrowly tailored to obtain the compelling state interest of educational benefits associated with a diverse student body. However, recent cases are challenging this precedent and threaten to end the holistic review of college applicants. The Supreme Court has agreed to hear Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina. These two cases will determine the future of race conscious admissions …

Here’S Why It’S Time The Lanham Act Recognizes Personal Brands, Golden Gate University School Of Law

GGU Law Review Blog

The Lanham Act defines and governs trademarks, service marks, and unfair competition, all to protect American consumers from market confusion. Under the Lanham Act, a mark is famous if it is “widely recognizable to the general consuming public of the United States.” When a celebrity brings a claim under the Lanham Act for the unauthorized use of their image, courts may find that the celebrity’s name and image constitute an unregistered trademark, while the celebrity’s persona is the goods or services which the celebrity places into commerce. To analyze the claim, several factors help determine the likelihood of market confusion. …

The Legal And Regulatory Aspect Of International Cybercrime And Cybersecurity: Limits And Challenges, Nnesochi Nweze-Iloekwe

Theses and Dissertations

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such …

Modern-Day Slavery Ring Discovered On Georgia Farms: When Will It End?, Lizet Palomera Torres

GGU Law Review Blog

Although all people in the United States have fundamental human rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights (UDHR), not everyone can enjoy them equally. Many people, such as employers, blatantly disregard these core human rights and exploit their migrant workers. However, despite migrant workers being disproportionately vulnerable to abuse, it is not uncommon for migrant workers to be reluctant to report employers because of their fear of retaliation and their relatively poor position. These workers often do not speak the language, are in remote and segregated areas and are exploited through their immigration …