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Hiv Disease: Criminal And Civil Liability For Assisted Suicide, Ann Grace McCoy 2010 Golden Gate University School of Law

Hiv Disease: Criminal And Civil Liability For Assisted Suicide, Ann Grace Mccoy

Golden Gate University Law Review

This article first traces the evolution of attitudes and subsequent laws regarding suicide and assisted suicide. Secondly, the criminal and civil liability of assisted suicide is assessed on the basis of California case law. Lastly, this paper will discuss the applicability of the defenses of the right of privacy and the right of autonomy to acts of suicide and assisted suicide. This discussion will focus on the right of a person with HIV disease to enlist the assistance of the medical profession to make his or her death as quick and as painless as possible, a practice which under the ...


Dispelling The Myths Of Modern Mediation, Bryan H. Hulka 2010 Golden Gate University School of Law

Dispelling The Myths Of Modern Mediation, Bryan H. Hulka

Golden Gate University Law Review

This note serves as an introductory analysis of mediation's potential to resolve commercial disputes. It will briefly explain the conceptual framework of mediation and attempt to address any prejudice attorneys may have towards using mediation to settle commercial disputes.


Punitive Damages In Commercial Arbitration: A Due Process Analysis, Ira P. Rothken 2010 Golden Gate University School of Law

Punitive Damages In Commercial Arbitration: A Due Process Analysis, Ira P. Rothken

Golden Gate University Law Review

This comment theorizes that awarding punitive damages in commercial arbitration is "state action" requiring due process. Unlike the traditional contract remedy of compensatory damages, punitive damages have for centuries been under the exclusive control of the State. The Supreme Court has found that a traditional and exclusive State power exercised by a private individual is "state action" requiring due process. Therefore when punitive damages are at issue, the arbitration agreement must consist of a minimum quantum of procedures that balance the protection against erroneous punishment with the State's interest in limiting the burden on arbitration. This comment also theorizes ...


Securities Arbitration: Resolution Of Disputes Between Securities Brokers And Their Customers, Gregory N. Malson 2010 Golden Gate University School of Law

Securities Arbitration: Resolution Of Disputes Between Securities Brokers And Their Customers, Gregory N. Malson

Golden Gate University Law Review

This comment will explore the arbitration of securities disputes between securities brokers and their customers, showing that the investor today is fully protected in an arbitral forum and that the advantages to the investor who arbitrates a claim against their broker are expansive.


A Prescription To Expedite Hazardous Waste Cleanups: De Minimis Settlements And Adr, Jennifer Martin 2010 Golden Gate University School of Law

A Prescription To Expedite Hazardous Waste Cleanups: De Minimis Settlements And Adr, Jennifer Martin

Golden Gate University Law Review

The first section of this article discusses the history of Superfund and its 1986 amendments, with a focus on de minimis contributors and why the de minimis settlement incentive has failed. The second section focuses on alternative dispute resolution and analyzes the government's attempts at incorporating arbitration into Superfund. Lastly, the comment suggests incorporating arbitration provisions into the de minimis section of Superfund.


Adr: In Search Of The Emperor's New Clothes, Allan E. Morgan 2010 Golden Gate University School of Law

Adr: In Search Of The Emperor's New Clothes, Allan E. Morgan

Golden Gate University Law Review

This essay proposes a structure of ADR consistent with the early vision of the commercial sector towards arbitration. ADR as practiced today does not satisfy that vision. Examining current methods of dispute resolution suggests that ADR is a bit like the Emperor's new clothes. The "alternatives" are illusory at best! Finally we go in search of the Emperor's new clothes and conclude that the key to meaningful alternatives hangs in the problem solving closet.


The California Arbitration Act And The 1988 Real Estate Arbitration Amendments: Coming Of Age?, Francis O. Spalding 2010 Golden Gate University School of Law

The California Arbitration Act And The 1988 Real Estate Arbitration Amendments: Coming Of Age?, Francis O. Spalding

Golden Gate University Law Review

In 1988, the California Legislature enacted one of the longest, and in many ways one of the most significant, amendments to the California Arbitration Act1 since the adoption of that Act in 1961. Assembly Bill No. 1240, carried by Assemblyman Byron Sher, Democrat of Palo Alto, was introduced on March 3, 1987 under the extra-legislative sponsorship of the California Association of Realtors. Chaptered on September 14, 1988, after significant legislative markup over two sessions, the Bill added to the Act Sections 1298-1298.8, its first provisions dealing expressly with arbitration clauses in real estate contracts. Under Section 1298.8, the ...


Tailoring The Arbitration Clause: Accommodating Client Needs In Real Estate And Other Transactions, Yaroslav Sochynsky, Mariah Baird 2010 Golden Gate University School of Law

Tailoring The Arbitration Clause: Accommodating Client Needs In Real Estate And Other Transactions, Yaroslav Sochynsky, Mariah Baird

Golden Gate University Law Review

Just ten years ago, a typical lawyer would have had difficulty explaining to a client the difference between arbitration and mediation. Now, most major law schools offer courses in alternative dispute resolution, and the acronym "ADR" has become part of every lawyer's vocabulary. The Commercial Arbitration caseload of the American Arbitration Association has increased at the dramatic rate of over 50% between 1980 and 1990. Mediation services provided by the AAA, U.S. Arbitration, Endispute and others, as well as rent-a-judge programs such as Judicial Arbitration & Mediation Services, have also experienced increased demand for their services.


In Search Of A Standard For Judicial Review Of Legal Error In Commercial Arbitration Awards, James R. Madison 2010 Golden Gate University School of Law

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.


Worker's Compensation - Stevens V. Director, Office Of Workers' Compensation Programs: Workers' Compensation - When Does A Total Disability Become Partial?, Carol A. Farmer 2010 Golden Gate University School of Law

Worker's Compensation - Stevens V. Director, Office Of Workers' Compensation Programs: Workers' Compensation - When Does A Total Disability Become Partial?, Carol A. Farmer

Golden Gate University Law Review

In Stevens v. Director, Office of Workers' Compensation Programs, the Ninth Circuit held that an employee's disability that was total does not become partial for purposes of compensation until suitable alternative employment is available to the employee. Interpreting the Longshore and Harbor Workers' Compensation Act (LHWCA), the court answered an issue not previously decided: when does a total disability become partial?


Employment Law - Interpreting The Fair Labor Standards Act: Dirty Deeds Done Dirt Cheap In Mccune V. Oregon Senior Services, Stephen K. Lightfoot II 2010 Golden Gate University School of Law

Employment Law - Interpreting The Fair Labor Standards Act: Dirty Deeds Done Dirt Cheap In Mccune V. Oregon Senior Services, Stephen K. Lightfoot Ii

Golden Gate University Law Review

In McCune v. Oregon Senior Services the Ninth Circuit held that a group of domestic service employees were excluded from minimum wage coverage under the Fair Labor Standards Act of 1938 (FLSA) as they performed companionship services for the elderly and infirm. The employees would have been entitled to minimum wage if the services they performed fell within an exception to the FLSA's companionship services exemption. The Ninth Circuit based its decision on the Secretary of Labor's interpretation of the 1974 amendments to the FLSA. The court found that these domestic service workers were not trained personnel and ...


Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson 2010 Golden Gate University School of Law

Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson

Golden Gate University Law Review

In Peterson v. Department of the Interior the Ninth Circuit held that section 203(b) of the Reclamation Reform Act of 1982 (RRA), a comprehensive amendment of the Federal Reclamation Act, did not unconstitutionally take the property of state Water Districts in California's Central Valley without due process or compensation. The court found that pre-existing water delivery contracts with the Bureau of Reclamation did not confer a constitutionally protectable right to receive federally subsidized water upon the Water Districts. In Peterson, the first ruling by any circuit court on a direct challenge to the RRA, the Ninth Circuit examined ...


Criminal Procedure - United States V. Restrepo: Uncharged Conduct Now Considered In The Ninth Circuit Under Federal Sentencing Guidelines, Matthew A. Goodin 2010 Golden Gate University School of Law

Criminal Procedure - United States V. Restrepo: Uncharged Conduct Now Considered In The Ninth Circuit Under Federal Sentencing Guidelines, Matthew A. Goodin

Golden Gate University Law Review

In United States v. Restrepo, the Ninth Circuit, on a petition for rehearing, held that conduct of which the defendant was neither charged nor convicted could be taken into consideration at the defendant's sentencing hearing. The court reasoned that this interpretation is consistent with the clear intent of the United States Sentencing Commission and the Federal Sentencing Guidelines. The Ninth Circuit also held that when considering uncharged conduct at defendant's post-conviction sentencing hearing, a preponderance of the evidence standard is sufficient for due process concerns. When used to enhance a sentence, however, a more demanding interpretation of the ...


Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson 2010 Golden Gate University School of Law

Constitutional Law Summary, Carol A. Farmer, Thomas A. Johnson

Golden Gate University Law Review

No abstract provided.


Civil Procedure - White V. Mcginnis: The Ninth Circuit Expands Civil Jury Trial Waiver, Herber Carlton Leney Jr. 2010 Golden Gate University School of Law

Civil Procedure - White V. Mcginnis: The Ninth Circuit Expands Civil Jury Trial Waiver, Herber Carlton Leney Jr.

Golden Gate University Law Review

In White v. McGinnis, the Ninth Circuit held that a civil litigant's knowing participation in a bench trial without objection constituted waiver of a timely jury demand. This case overruled Palmer v. United States in which the Ninth Circuit determined that acquiesence to a bench trial did not constitute waiver of a jury trial demand. This article will examine the Ninth Circuit's rejection of the literal statutory language of civil jury trial waiver under Rules 38(d) and 39(a) of the Federal Rules of Civil Procedure.


Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen 2010 Golden Gate University School of Law

Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen

Golden Gate University Law Review

In a unanimous en banc ruling, the Ninth Circuit Court of Appeals, in Townsend v. Holman Consulting Corp., held that an attorney may be sanctioned under Rule 11 of the Federal Rules of Civil Procedure for a partially frivolous pleading. The court rejected the argument that the pleadings could not be the subject of sanctions because they also included non-frivolous requests for relief. Prior Ninth Circuit decisions had permitted imposition of Rule 11 sanctions only when the pleading as a whole was frivolous. This decision expands attorney liability under Rule 11 and vacates an earlier panel decision of the Ninth ...


Admiralty Law - Coloma V. Director, Office Of Workers' Compensation Programs: The Battle Over Maritime "Status" Continues, Jill Bennett 2010 Golden Gate University School of Law

Admiralty Law - Coloma V. Director, Office Of Workers' Compensation Programs: The Battle Over Maritime "Status" Continues, Jill Bennett

Golden Gate University Law Review

In Coloma u. Director, Office of Workers' Compensation Programs the Ninth Circuit considered whether a cook who worked in a dining facility located on a longwharf was a "maritime employee" and therefore eligible to qualify for benefits under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA). The Ninth Circuit held that because the cook's duties did not involve loading or unloading a vessel, he was not a "maritime employee" and was ineligible for workers' compensation benefits under the LHWCA.


Admiralty Law - Institute Of London Underwriters V. Sea-Land Services, Inc.: Good Things Do Not Always Come In Small Packages, Sharon Stover 2010 Golden Gate University School of Law

Admiralty Law - Institute Of London Underwriters V. Sea-Land Services, Inc.: Good Things Do Not Always Come In Small Packages, Sharon Stover

Golden Gate University Law Review

In Institute of London Underwriters v. Sea-Land Services, Inc. the Ninth Circuit determined the effect of the Carriage of Goods by Sea Act (COGSA) when it is incorporated by contract for goods not ordinarily within COGSA's scope rather than if it applied ex proprio vigore. The court held that in such a contract, COGSA is effective as a contractual term only; inconsistent terms are, therefore, also valid. The Ninth Circuit then set forth a method by which to calculate a customary freight unit (CFU) for on-deck cargo because COGSA limits damage liability to $500 per "package" or CFU. The ...


Personnel Of The Court, 2010 Golden Gate University School of Law

Personnel Of The Court

Golden Gate University Law Review

No abstract provided.


Assuring Responsible Risk Management In Banking: The Corporate Governance Dimension, Michael E. Murphy 2010 SelectedWorks

Assuring Responsible Risk Management In Banking: The Corporate Governance Dimension, Michael E. Murphy

Michael E Murphy

ABSTRACT The corporate governance dimension of risk management in banking concerns the structures needed to assure the power and independence of control centers. Three are clearly relevant: the risk management departments themselves, the audit function and particularly internal audit, and the contingent of independent directors on the board. A fourth, the shareholder base, is problematic. A survey of corporate governance disclosures reveals a need for more progress in assuring the independence of the risk management and internal audit functions by linking them more closely to the board. The board’s own capacity to function as an independent control center relates ...


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