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Full-Text Articles in Law
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Golden Gate University Law Review
This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution's capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework …
Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton
Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton
Golden Gate University Law Review
In Colacurcio v. City of Kent, the United States Court of Appeals for the Ninth Circuit held that the City of Kent's Ordinance 3221, which required nude dancers to perform at least ten feet from patrons, did not violate the First Amendment of the United States Constitution. The court found that, as a matter of law, the Kent ordinance was content-neutral and the ten-foot distance requirement was narrowly tailored and left open ample alternative avenues for communication of protected expression.
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett
Golden Gate University Law Review
This comment will first provide a brief historic overview of civil forfeiture and the Eighth Amendment's Excessive Fines Clause. The comment will then discuss how the guilty property fiction and previous court interpretations of the Eighth Amendment have interacted to prevent proportionality review of civil forfeitures. Next, the comment will examine the Supreme Court decision in Austin v. United States and its potential impact on civil forfeiture law. Additionally, this comment will explore the potential of Austin to extend further constitutional protections to parties in civil forfeiture proceedings. Finally, this comment will conclude that, in light of the Austin decision, …
Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin
Survey: Women And California Law, Carol Beth Barnett, Heather Allyson Elrick, Julie Hammel Brook, Michael Weiss, Susan M. Crocker, Theresa M. Kolish, Jessica Rudin
Golden Gate University Law Review
No abstract provided.
Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson
Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson
Golden Gate University Law Review
No abstract provided.
Constitutional Law, Christopher Windle
Constitutional Law, Christopher Windle
Golden Gate University Law Review
No abstract provided.