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Articles 1 - 17 of 17
Full-Text Articles in Law
The Judge As Author / The Author As Judge, Ryan B. Witte
The Judge As Author / The Author As Judge, Ryan B. Witte
Golden Gate University Law Review
The first section of this Article discusses the judge as an author. This section begins with an examination of the audience for judicial opinions and an outline of the different styles of judicial opinion writing. The second section of this Article examines the advantages and disadvantages of using literary tools to advance the law. The third section of this Article explores the role of the author as a judge. This section will study a small number of judges who, in addition to the law, maintain outside lives as authors or creative writers. Judges who fit into this category include authors …
Access To Justice In Times Of Fiscal Crisis, Chief Justice Ronald M. George
Access To Justice In Times Of Fiscal Crisis, Chief Justice Ronald M. George
Golden Gate University Law Review
Ronald M. George is the 27th Chief Justice of the California Supreme Court. He delivered this address at the Golden Gate University School of Law on October 20, 2009.
Dissent, Judge William A. Fletcher
Dissent, Judge William A. Fletcher
Golden Gate University Law Review
No abstract provided.
When Are Law And Economics Isomorphic?, John Cirace
When Are Law And Economics Isomorphic?, John Cirace
Golden Gate University Law Review
The legal community generally views the way in which judges decide cases as a rational decision process. However, the concept of judicial rationality is ambiguous, because judges use two rational decision processes: legal rationality and economic rationality. Legal rationality is based on the principle of precedent, or stare decisis, which requires that judges decide like cases alike. Judges determine whether cases are like or distinguishable through the construction of legal classifications and through recognition of factual similarities and differences.
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
Golden Gate University Law Review
Whether reversed, affirmed, vacated, or remanded, a review of the interaction between the two courts over twenty-two cases reveals several fundamental differences between the two courts on key issues. This Comment examines these differences by exploring twenty of those decisions and how they illustrate the relationship between the Ninth Circuit and Supreme Court. Part I examines the decisions that arose from the Supreme Court's review of Ninth Circuit decisions. Part II ties these decisions and conclusions into a larger motif emerging between the Ninth Circuit and Supreme Court, and Part III ultimately concludes that the future is likely to continue …
The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava
The Servant Of All: Humility, Humanity, And Judicial Diversity, Michael Nava
Golden Gate University Law Review
This article discusses how judicial diversity might increase qualities of humility and humanity on the bench. I close this section with two examples, the first involving two United States Supreme Court justices and the second a judge on the San Francisco Superior Court.
Voir Dire Racial Discrimination Under A "Comparative Juror Analysis" In Kesser V. Cambra, Andje Morovich
Voir Dire Racial Discrimination Under A "Comparative Juror Analysis" In Kesser V. Cambra, Andje Morovich
Golden Gate University Law Review
In Kesser v. Cambra, the en banc Ninth Circuit panel held that a California State Prosecutor's justifications for peremptory challenges during jury voir dire were pretexts for purposeful discrimination. The Ninth Circuit concluded that the California Court of Appeal failed to apply the proper Supreme Court test under Batson v. Kentucky to determine whether the prosecutor's nonracial motives were pretextual. Applying a "comparative juror analysis" (comparing the characteristics of a stricken juror with an impaneled juror), the Ninth Circuit majority held that the California Court of Appeal improperly relied solely on the prosecutor's own self-serving testimony as to his race-neutral …
Judicial Independence: A Cornerstone Of Liberty: Golden Gate University School Of Law Jesse Carter Distinguished Speaker Series, Michael Traynor
Judicial Independence: A Cornerstone Of Liberty: Golden Gate University School Of Law Jesse Carter Distinguished Speaker Series, Michael Traynor
Golden Gate University Law Review
Constitution Day Lecture, September 18, 2006
A Call For Uniformity In Appellate Courts' Rules Regarding Citation Of Unpublished Opinions, Analisa Pratt
A Call For Uniformity In Appellate Courts' Rules Regarding Citation Of Unpublished Opinions, Analisa Pratt
Golden Gate University Law Review
This Comment is divided into seven parts. Part I provides an overview of the current practice concerning citation of unpublished opinions, including a look at how unpublished opinions came into existence, the types of opinions currently published, and the courts' reasoning for limiting citation of unpublished opinions. Part II describes the variations on precedential value an opinion could receive and describes the no-citation rules by circuit. Part III discusses the debate between the Eighth and the Ninth Circuits - the two most vocal circuits on the issue of citability. Part IV deconstructs the reasoning behind no-citation rules. Part V examines …
Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks
Golden Gate University Law Review
This Comment will cover three main topics. First, this Comment will tell the story of the Charleston strike and the individual women involved. Second, this Comment will examine, through the eyes of those individuals, the unique ways in which race and gender come together to create unique circumstances that deserve legal consideration. For both of these sections, I use the women's own voices to illustrate and reinforce substantive points. Third, this comment will describe the 10-day strike notice provision, examining how it would have affected the Charleston workers had it been enacted in 1969 during the time of the strike. …
In Search Of A Standard For Judicial Review Of Legal Error In Commercial Arbitration Awards, James R. Madison
In Search Of A Standard For Judicial Review Of Legal Error In Commercial Arbitration Awards, James R. Madison
Golden Gate University Law Review
This paper surveys cases under California law in which commercial arbitration awards have been reviewed for errors of law and proposes a coherent approach to judicial review of alleged errors of law in commercial arbitration awards. Both of the following issues will be addressed: 1. When and how courts should decide whether parties to an arbitration agreement have reserved arbitrator decisions on points of law for judicial review. 2. Whether and, if so, when and by what standard courts should review arbitrator decisions on points of law when the parties have not agreed to reserve such issues for review.
Bobb V. Municipal Court: A Challenge To Sexism In Jury Selection And Voir Dire, Randy Riddle
Bobb V. Municipal Court: A Challenge To Sexism In Jury Selection And Voir Dire, Randy Riddle
Golden Gate University Law Review
This Note discusses how sexism in the jury selection and voir dire processes can operate to produce a voir dire which violates of a prospective juror's guarantee of equal protection. It then outlines California's use of strict scrutiny to analyze gender-based classifications. Third, the Note reviews and evaluates the three Bobb opinions. Finally, the significance of Justice Miller's opinion is discussed.
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
Annual Survey of International & Comparative Law
In order to fully develop the argument that the DHS’s confiscation and impoundment of passports is a violation of customary international law, we begin by examining the history of a passport and its treatment in the international community. Next, we survey general principles of customary international law and analyze German case law holding that one State’s confiscation or impounding of a valid foreign passport constitutes an encroachment upon the passport jurisdiction of the foreign State issuing the documents which is impermissible under customary international law. Thereafter, we discuss case law where courts avoided addressing the international implications of passport seizures. …
Oral Argument In The Ninth Circuit: The View From Bench And Bar, Stephen L. Wasby
Oral Argument In The Ninth Circuit: The View From Bench And Bar, Stephen L. Wasby
Golden Gate University Law Review
The present Article is a detailed presentation of the views of judges and lawyers in one federal appellate court about various aspects of oral argument. It is part of a larger study of the U.S. Court of Appeals for the Ninth Circuit, based on interviews conducted with fifteen of the court's then eighteen active-duty and senior circuit judges and a dozen district judges, all with extensive experience on the appellate court. To provide at least a limited basis for comparison with the judges' responses, information was sought from attorneys who had argued before the court and would thus have some …
Judicial Administration In The United States Court Of Appeals For The Ninth Circuit, Richard H. Deane, Valerie Tehan
Judicial Administration In The United States Court Of Appeals For The Ninth Circuit, Richard H. Deane, Valerie Tehan
Golden Gate University Law Review
The federal court system has experienced substantial growth in case filings during the last decade, and certainly the U.S. Court of Appeals for the Ninth Circuit is no exception. During the period from 1970 to 1978, the court experienced almost a one hundred percent increase in yearly filings while the number of judgeships remained constant at thirteen. It is thus understandable that each year since 1970, case filings have consistently exceeded case terminations. However, a dramatic change in court membership has taken place in the past eighteen months. As a result of the recent appointments made pursuant to the Omnibus …
General Principles Of Law, Guido Alpa
General Principles Of Law, Guido Alpa
Annual Survey of International & Comparative Law
No abstract provided.
People V. Orin: Penal Code Section 1385 Dismissals And The Effectuation Of Plea Bargains, Robert N. Weaver
People V. Orin: Penal Code Section 1385 Dismissals And The Effectuation Of Plea Bargains, Robert N. Weaver
Golden Gate University Law Review
No abstract provided.