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Full-Text Articles in Law
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 …
Roche V. Worldwide Media, Inc.: Evaluating Where Minimum Contacts Meets Cyberspace, Ryan Thomas
Roche V. Worldwide Media, Inc.: Evaluating Where Minimum Contacts Meets Cyberspace, Ryan Thomas
Golden Gate University Law Review
In Roche v. Worldwide Media, Inc., the United States District Court for the Eastern District of Virginia discussed the issue of personal jurisdiction in the context of cyberspace. The court determined that Worldwide Media's web site was passive and that asserting personal jurisdiction based solely on the maintenance of a web site, without more, would violate the Due Process clause of the Fourteenth Amendment. The Roche decision reaffirmed the Eastern District of Virginia's position on personal jurisdiction in the context of cyberspace. Specifically, this decision applies the logic of the "sliding scale" test borrowed from the United States District Court …
Imposition Of Impact Fees After Volusia County V. Aberdeen: Has Florida Finally Reached Its State And Federal Constitutional Limit?, Shari Cruse
Golden Gate University Law Review
This Note first discusses the difference between the assessment of fees and the imposition of taxes, and provides a brief history of the development, limitations and expansion of impact fees in Florida. Parts III and IV of this Note provide an outline of the facts and procedural history of Volusia County v. Aberdeen, including the initial lawsuit filed by Aberdeen, L.P., and other leading Florida case law on assessment and impact fees. Part V of this Note discusses the Florida Supreme Court's rationale for upholding the lower court's ruling in favor of Aberdeen, L.P., which will then be comparatively analyzed …
How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo
How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo
Golden Gate University Law Review
California landlords doing business in cities with strict rent control laws have found a way to get around such laws and capitalize on the tight housing market. As of 1998 California landlords have simply relied on the utility of the Ellis Act, which has been in the California law books since 1986 and prohibits government agencies from interfering with a landlord's decision to evict tenants and withdraw rental units from the market. For example, in San Francisco, a city with strict rent control laws, 205 buildings were Ellised from July 1998 to June 1999; a jump from 1995, when only …