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Articles 31 - 49 of 49

Full-Text Articles in Other Law

The Impact Of Austin V. United States: Extending Constitutional Protections To Claimants In Civil Forfeiture Proceedings, Robin M. Sackett Sep 2010

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, …


A Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe Sep 2010

A Review Of Family Bonds: Adoption And The Politics Of Parenting By Elizabeth Bartholet, Ruth-Arlene W. Howe

Golden Gate University Law Review

Family law practitioners and scholars, especially those involved with or responsible for servicing the rapidly increasing numbers of children entering the foster care system, should take the time to read this serious book by Harvard Law Professor Elizabeth Bartholet. Family Bonds is an unusual interweaving of autobiographical storytelling with a carefully researched, powerfully crafted indictment of American societal views about parenting, adoption laws and practices.


Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin Sep 2010

Prison Law - Before And After Wilson V. Seiter: Cases Challenging The Conditions Of Confinement In The Ninth Circuit, Amanda Rubin

Golden Gate University Law Review

This article will examine the development of the standard for eighth amendment review used in cases challenging the conditions of confinement before and after Wilson. It will begin with a examination of the interpretations of the cruel and unusual punishment clause in the Supreme Court. This article will then analyze the objective standard for eighth amendment review as applied by the Ninth Circuit Court of Appeals in prison condition cases. After an analysis of the subjective standard for eighth amendment review established in Wilson v. Seiter, the article will survey how the Ninth Circuit and other circuits have applied this …


Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs Sep 2010

Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs

Golden Gate University Law Review

The high technology law practice. tracks the incredible pace of development in the computer industry. High tech practitioners are often instrumental in bringing new technologies to market, ensuring their protection from infringement, and structuring the relations and obligations that bring new products to the consumer. As advocates, they push for greater protection of emergent fields, either through new legislation or clearer definitions of existing law. And for all that computer law practitioners depend on technology for the lifeblood of their practice, there are numerous possibilities for increased efficiency based on this technology that are overlooked. In this article we propose …


Federal Jurisdiction, Susan E. Foe Sep 2010

Federal Jurisdiction, Susan E. Foe

Golden Gate University Law Review

No abstract provided.


Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney Sep 2010

Responsible Service Of Alcohol: A Way To Reduce Injuries And Protect Against Liability, Katherine M. Mahoney

Golden Gate University Law Review

This comment will explore the origins of dram shop liability and server training's evolution from liquor liability laws. The comment will also survey existing server training laws, identify the goals of server training and discuss the obstacles facing the movement.


Federal Jurisdiction, Susan H. Handelman Sep 2010

Federal Jurisdiction, Susan H. Handelman

Golden Gate University Law Review

No abstract provided.


A Comparative Analysis Of Name And Likeness Rights In The United States And England, Catherine Louise Buchanan Sep 2010

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.


Federal Jurisdiction, Williamson B.C. Chang Sep 2010

Federal Jurisdiction, Williamson B.C. Chang

Golden Gate University Law Review

No abstract provided.


Federal Practice And Procedure Sep 2010

Federal Practice And Procedure

Golden Gate University Law Review

No abstract provided.


A Tribute To Phil Burton, John Burton Sep 2010

A Tribute To Phil Burton, John Burton

Golden Gate University Law Review

No abstract provided.


Federal Practice And Procedure, Craig A. Burnett, Susan Shors, Richard B. Shikman Sep 2010

Federal Practice And Procedure, Craig A. Burnett, Susan Shors, Richard B. Shikman

Golden Gate University Law Review

No abstract provided.


The Sale Of A Law Practice: Toward A Professionally Responsible Approach, Leslie A. Minkus Sep 2010

The Sale Of A Law Practice: Toward A Professionally Responsible Approach, Leslie A. Minkus

Golden Gate University Law Review

Why should a sole practitioner be precluded from entering into an objectively sensible agreement which will provide benefits to him on retirement and to his heirs upon his death? Perhaps the most quoted (though hardly the most persuasive) explanation is contained in an opinion issued by the New York County Lawyer's Association: "Clients are not merchandise, Lawyers are not Tradesmen. They have nothing to sell but personal service. An attempt, therefore, to barter in clients, would appear to be inconsistent with the best concepts of our professional status."

In this article I shall set out the bases for the prohibition …


Federal Practice & Procedure, Tom C. Clark, Susan A. Bush Sep 2010

Federal Practice & Procedure, Tom C. Clark, Susan A. Bush

Golden Gate University Law Review

No abstract provided.


Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam Sep 2010

Federal Practice And Procedure, Bartholomew Lee, Judith A. Leichtnam

Golden Gate University Law Review

No abstract provided.


Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker Aug 2010

Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker

Golden Gate University Law Review

No abstract provided.


Book Review: Female Sexual Slavery, Hilde Hein Aug 2010

Book Review: Female Sexual Slavery, Hilde Hein

Golden Gate University Law Review

No abstract provided.


The Role And Position Of Women In Law And Practice: Report From The International Association Of Democratic Lawyers Aug 2010

The Role And Position Of Women In Law And Practice: Report From The International Association Of Democratic Lawyers

Golden Gate University Law Review

No abstract provided.


Crestwood Lumber Company V. Citizens Savings & Loan Association: The Ursury Law And Liquidated Damages In The Sale Of Goods Transactions, Joseph M. Loomis Aug 2010

Crestwood Lumber Company V. Citizens Savings & Loan Association: The Ursury Law And Liquidated Damages In The Sale Of Goods Transactions, Joseph M. Loomis

Golden Gate University Law Review

No abstract provided.