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Volume 52, Issue 1, Front Matter, 2023 Golden Gate University School of Law

Volume 52, Issue 1, Front Matter

Golden Gate University Law Review

No abstract provided.


Comment: Ensuring Wages For California Restaurant Workers: Utilizing The Self-Help Prejudgment Wage Lien Tool, Rebekah Didlake 2023 Golden Gate University School of Law

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: Toxic: The Case Of Britney Spears Sheds Light On Issues With California Conservatorship Laws, Berenice Quirino 2023 Golden Gate University School of Law

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: Injury-In-Fact: Solving The Federal Circuit Court Split Regarding Constitutional Standing In Data Theft Litigation, Simone Cadoppi 2023 Golden Gate University School of Law

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: Sb 145: Defending And Applying Discretion To California’S Sex Offender Registry, Elias Hernandez 2023 Golden Gate University School of Law

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: Technology & Textualism: A Case Study On The Challenges A Rapidly Evolving World Poses To The Ascendant Theory, Matt Elgin 2023 Golden Gate University School of Law

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 …


Comment: Is Out-Of-State Tuition Unconstitutional And Could Removing It Ease The United States’ Student Debt Crisis?, Ryan Griffith 2023 Golden Gate University School of Law

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.


Front Matter, 2023 Golden Gate University School of Law

Front Matter

Golden Gate University Law Review

No abstract provided.


The Reality Of Psychological Capital In The Light Of E-Learning: An Exploratory Study Of The Opinions Of A Sample Of Academic Staff At The College Of Administration And Economics, Tikrit University, Abdullah Mahmood Abdullah, Muhammad Mahmoud Taha, Omar Aziz Abbas 2023 samarra University, Iraq

The Reality Of Psychological Capital In The Light Of E-Learning: An Exploratory Study Of The Opinions Of A Sample Of Academic Staff At The College Of Administration And Economics, Tikrit University, Abdullah Mahmood Abdullah, Muhammad Mahmoud Taha, Omar Aziz Abbas

Journal of STEPS for Humanities and Social Sciences

The research aimed to identify the reality of psychological capital in the light of e-learning, by doing an exploratory study of the opinions of professors at the College of Administration and Economics, University of Tikrit. SPSS V 25) and its hypothesis-testing techniques.

The results indicated the availability of dimensions of psychological capital in the college under study at a high level, as well as a strong and moral correlation with the main variable, and the variation of these dimensions in terms of importance in achieving the main variable in the light of e-learning, and the research made several recommendations, the …


Analisis Putusan Kppu Tentang Persekongkolan Tender Kasus Pengadaan Palapa Ring Mataram Kupang Cable System Pt. Telekomunikasi Indonesia Tbk., Dzaky Ismail Al Abyan 2023 Universitas Indonesia

Analisis Putusan Kppu Tentang Persekongkolan Tender Kasus Pengadaan Palapa Ring Mataram Kupang Cable System Pt. Telekomunikasi Indonesia Tbk., Dzaky Ismail Al Abyan

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Conspiracy in tenders is an activity prohibited by Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. One of them is the conspiracy of tender of Mataram-Kupang Cable System Project PT. Telekomunikasi Indonesia, Tbk Fiscal Year 2009. Judges' verdict does not indicate or not fulfill the elements violating discrimination and conspiracy practices in the tender. This is in accordance with the substance of Article 19 letter d, and Article 22 of Law no. 5 1999. The need for a rule of reason approach is also an important aspect to deal with the existence of elements …


Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda 2023 Universitas Indonesia

Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses history of world free trade after the second world war has a very long and winding history, which is also colored by the formation of international trade organizations, in which many countries who involved have antinomy thoughts, where some of them feel the world of trade needs a free trade system, resulting to negotiations and various forms of compromise. Entering the era of globalization marked by the birth of various kinds of multilateral and bilateral agreements as well as the formation of economic blocs clearly shows the relationship or linkages and dependencies between nations and people around …


Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani 2023 Universitas Indonesia

Penggandaan Sementara (Ephemeral Recording) Dalam Konser Daring Yang Disiarkan Secara Live Stream Terkait Penggunaan Hak Cipta Lagu, Diana Silfiani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The COVID-19 pandemic has shifted the form of conducting music concerts from face-to-face concerts to online concerts through the live stream mechanism. Some practitioners opine that the implementation of live stream online concerts is considered to contain elements of temporary reproduction (ephemeral recording) and may be used for the purposes as regulated in Article 49 of Law No. 28 Year 2014 on Copyright. This paper examines whether the use of copyrighted songs in live streams music concerts can be categorized as ephemeral recording. This research will be carried out using socio-legal studies methods as an interdisciplinary studies with the help …


Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D 2023 Universitas Indonesia

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …


Epic Games, Inc. V. Apple, Inc.: An Epic Opinion For Software Developers, Gabriella Veronica Coffield 2023 University of Miami School of Law

Epic Games, Inc. V. Apple, Inc.: An Epic Opinion For Software Developers, Gabriella Veronica Coffield

University of Miami Business Law Review

Aside from Google Play, Apple’s App Store is where the majority of apps are downloaded from across the world. Recently, Apple has faced scrutiny for its management of the App Store and the control Apple has over the market due to the lack of competition. Additionally, developers have criticized the 30% fee Apple charges them for in-app purchases. The recent ruling by the Northern District of California in Epic Games, Inc. v. Apple, Inc., 559 F. Supp. 3d 898 (N.D. Cal. 2021) addressed this issue and issued an injunction allowing the possibility for developers to direct consumers to external links …


Now Streaming: How Streaming Services Are Following In The Antitrust Footsteps Of Hollywood’S Golden Age, Megan Elizabeth Norris 2023 University of Miami School of Law

Now Streaming: How Streaming Services Are Following In The Antitrust Footsteps Of Hollywood’S Golden Age, Megan Elizabeth Norris

University of Miami Business Law Review

The entertainment industry is undergoing quite the transformation following the recent termination of the Paramount Consent Decrees, which effectively regulated the industry to prevent monopolization and promote competition for almost a century. The industry now faces a drastic surge in the utilization of streaming services and a new wave of antitrust issues.

“With great power comes great responsibility;” however, the dominant streaming companies in the industry have raised suspicion about emerging anticompetitive concerns. While long overdue, the termination of the Paramount Consent Decrees leaves a gaping hole in antitrust policy regarding the nuanced business practice of streaming platforms. Existing antitrust …


Anticompetitive Corporate Spin-Offs, Alexa Rosen Grealis 2023 University of Miami Law School

Anticompetitive Corporate Spin-Offs, Alexa Rosen Grealis

University of Miami Business Law Review

Section 355 of the Internal Revenue Code allows corporations to “spin-off” parent-controlled businesses tax-free. Traditionally an important tool for divestitures and restructurings with U.S. tax consequences, recent trends suggest section 355 is also of interest to firms facing US antitrust consequences. Statements and maneuvering by some such companies indicate firms are considering spinning-off businesses to avert liability and ‘break up’ on their own terms. Despite widespread renewed interest in using antitrust laws to break up large corporations, the antitrust implications of corporate spin-offs have thus far escaped scholarly notice and scrutiny.

This Note posits that it is a mistake to …


The Demise Of The Hub-And-Spoke Cartel And The Rise Of The Student Athlete: A Significant Step Toward A New Era Of Conferences In Ncaa V. Alston, Brandon Posivak 2023 University of Miami Law School

The Demise Of The Hub-And-Spoke Cartel And The Rise Of The Student Athlete: A Significant Step Toward A New Era Of Conferences In Ncaa V. Alston, Brandon Posivak

University of Miami Business Law Review

The NCAA is not above the law. On June 21, 2021, the Supreme Court unanimously held in NCAA v. Alston that the NCAA’s student-athlete compensation restrictions violated § 1 of the Sherman Act, and student athletes may now obtain education-related benefits from their name, image, and likeness (NIL). The Court’s holding marked the first time the NCAA’s compensation restrictions failed antitrust scrutiny under the Rule of Reason analysis, but by limiting its holding to education-related benefits, the Court refused to open the floodgates to all forms of NIL compensation. Within its holding, the Court notably rejected the NCAA’s procompetitive argument …


The Travesty Of The Us News Rankings: How Legal Education Should Be Measured, Reuben Guttman, Gregg Ivers 2023 American University

The Travesty Of The Us News Rankings: How Legal Education Should Be Measured, Reuben Guttman, Gregg Ivers

Emory Corporate Governance and Accountability Review Perspectives

Today, law schools and their deans measure success not by the practical accomplishments of their alumni or their faculty; they measure success by numerical rankings accorded by a for-profit publication called U.S. News which – ironically – is no longer in the news business. It is not just the institutions; too many law school faculty measure their value not by the cases they have brought – or the legal theories they have developed to bring cases that perhaps change of the lives of those who need representation – but by the number of law review articles they publish and the …


A Settlement In Crisis: How In Re Opioid Litigation Fails To Put People Before Corporations, Gabrielle Hunter 2023 Emory University School of Law

A Settlement In Crisis: How In Re Opioid Litigation Fails To Put People Before Corporations, Gabrielle Hunter

Emory Corporate Governance and Accountability Review Perspectives

Since 1999, 932,000 people in the United States have died from a drug overdose. In 2021 alone over 100,000 people died from a drug overdose. Seventy-eight percent of those overdoses involved opioids. As the opioid epidemic has torn families apart and decimated American communities, the natural response is to find someone to blame. State and local governments, Native-American tribes, labor unions, insurance companies, hospitals, and individuals have all pointed the finger at the same culprits: opioid manufacturers and distributors.

The result—over 3,000 state and local governments alongside Native American tribes joined In Re Opiate Litigation, a multidistrict litigation, alleging …


Universities Inadvertently Permit “Toxic” Environments: Free Speech And Private Institutions, Taylor Bernard 2023 Emory University School of Law

Universities Inadvertently Permit “Toxic” Environments: Free Speech And Private Institutions, Taylor Bernard

Emory Corporate Governance and Accountability Review Perspectives

The First Amendment is one of the most important amendments that protects democracy. The First Amendment provides that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The First Amendment protects pure speech (speaking and writings) and symbolic speech, which is nonverbal expression intended to communicate ideas. The Constitution protects “coarse expression as well as refined, and vulgarity no less than elegance” because “a …


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