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A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett 2010 Golden Gate University School of Law

A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett

Golden Gate University Law Review

The Internet, or ARPAnet, was originally developed by the U.S. Defense Department to support military research. As academics were invited to use the system, word of the system's research utility quickly spread. As the popularity of the computer increased, public consumer demand for access to the Internet increased. Consequently, the Internet quickly became a household word, no longer confined to government or academic circles. Currently, the Internet accommodates million users, and the numbers increase daily. In light of the expanse and growing importance of the Internet, this Comment will discuss the history and application of obscenity laws. This ...


The Amalgamating Reorganization Provisions: The Asymmetry In Treatment Of Forward And Reverse Triangular Mergers And Other Problems, Tad Ravazzini 2010 Golden Gate University School of Law

The Amalgamating Reorganization Provisions: The Asymmetry In Treatment Of Forward And Reverse Triangular Mergers And Other Problems, Tad Ravazzini

Golden Gate University Law Review

This comment will discuss the amalgamating reorganizations generally (types A through C as well as some D's) and, specifically, triangular reorganizations. This comment will first provide an overview of the general requirements of the amalgamating reorganization provisions. It will then continue to the following topics: (1) a discussion of the Code's triangular reorganization provisions, giving attention to both forward and reverse triangular mergers; (2) an analysis of the asymmetry in treatment of triangular mergers based on whether they take the form of a forward or reverse triangular merger; (3) an exploration of the Congressional desire for tax-parity among ...


Code Of Silence: Police Shootings And The Right To Remain Silent, Robert M. Myers 2010 Golden Gate University School of Law

Code Of Silence: Police Shootings And The Right To Remain Silent, Robert M. Myers

Golden Gate University Law Review

Two events in September 1995 gave the public a brief glimpse of law enforcement officers asserting the Fifth Amendment privilege. In the "trial of the century," Los Angeles Police Department Detective Mark Fuhrman asserted the privilege during the O.J. Simpson murder trial in response to questions concerning whether he planted evidence or provided truthful testimony. A week later, an FBI agent asserted the privilege in response to a Senate committee's inquiry concerning the shootout at Ruby Ridge, Idaho. These highly publicized exercises of the privilege are rare. For the most part, invocations of the privilege by the police ...


Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips 2010 Golden Gate University School of Law

Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips

Golden Gate University Law Review

California has long been on the cutting edge of the law, often presaging national legal trends. It is no surprise, therefore, that California was among the first states to abandon the rule of caveat emptor in real estate transactions, enacting numerous statutes that provide a buyer with sufficient information to make a reasoned judgment in buying property. Sellers often run afoul of these laws, however, because they are unaware of the nature and extent of the duties imposed upon them. California real estate practitioners know that their state law imposes stringent duties of disclosure on sellers of real property, particularly ...


Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks 2010 Golden Gate University School of Law

Union Power, Soul Power: Intersections Of Race, Gender And Law, Wendy L. Wilbanks

Golden Gate University Law Review

This Comment will cover three main topics. First, this Comment will tell the story of the Charleston strike and the individual women involved. Second, this Comment will examine, through the eyes of those individuals, the unique ways in which race and gender come together to create unique circumstances that deserve legal consideration. For both of these sections, I use the women's own voices to illustrate and reinforce substantive points. Third, this comment will describe the 10-day strike notice provision, examining how it would have affected the Charleston workers had it been enacted in 1969 during the time of the ...


The Claims Of Women Of Color Under Title Vii: The Interaction Of Race And Gender, Mary Elizabeth Powell 2010 Golden Gate University School of Law

The Claims Of Women Of Color Under Title Vii: The Interaction Of Race And Gender, Mary Elizabeth Powell

Golden Gate University Law Review

This comment will focus on how a single characteristic construction of Title VII has distorted and marginalized the claims of women of color. Part One illustrates how the courts initially refused to recognize the claim of interactive discrimination. Part Two explains the limited way in which courts began to recognize the interactive claims brought by women of color. Instead of seeing the plaintiffs as alleging the single entity of interactive discrimination, courts have bisected the claim into "sex plus race." Part Three focuses on the issue of women of color as adequately representing a class in a class action suit ...


Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby 2010 Golden Gate University School of Law

Divinity Vs. Discrimination: Curtailing The Divine Reach Of Church Authority, Whitney Ellenby

Golden Gate University Law Review

Church authority to practice gender discrimination in employment decisions represents the collision of principles of religious liberty on one hand, and the need to eradicate invidious discrimination on the other. In order to secure the free exercise of religion, the First Amendment prohibits legislation which interferes with or significantly abridges religious belief or conduct. To the extent that employment decisions represent the extension of religious belief, churches have a strong claim of immunity from judicial review of their decisions. Title VII of the Civil Rights Act of 1964 thus exempts religious entities from civil liability when their discriminatory conduct is ...


California's Conclusive Presumption Of Paternity And The Expansion Of Unwed Fathers' Rights, Batya F. Smernoff 2010 Golden Gate University School of Law

California's Conclusive Presumption Of Paternity And The Expansion Of Unwed Fathers' Rights, Batya F. Smernoff

Golden Gate University Law Review

This comment begins with the history of the conclusive presumption of paternity in California, from its common law roots to its modern day affirmation in Michael H. v. Gerald D. This background will discuss the adoption of the Uniform Parentage Act in California and its application in paternity proceedings. In an effort to advocate the need for its repeal, this comment will also discuss the modem trend in the California courts to circumvent the conclusive presumption. The comment concludes that this rebuttable presumption enables an unwed father to establish his parental rights regardless of the mother's marital status. By ...


Anderson V. Edwards: Can Two Live More Cheaply Than One? The Effect Of Cohabitation On Afdc Grants, Irma S. Jurado 2010 Golden Gate University School of Law

Anderson V. Edwards: Can Two Live More Cheaply Than One? The Effect Of Cohabitation On Afdc Grants, Irma S. Jurado

Golden Gate University Law Review

This note will first discuss the background of the AFDC program and how it is regulated by the federal and state governments. A discussion of several lower federal and state court decisions which have dealt with the issue presented to the United States Supreme Court in Anderson v. Edwards will follow. Next, this note will examine the Court's analysis and holding in Anderson. The note concludes with the author's assessment as to why the holding in Anderson was correct.


Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards 2010 Golden Gate University School of Law

Acquaintance Rape & The "Force" Element: When "No" Is Not Enough, Daphne Edwards

Golden Gate University Law Review

This comment will show that courts have construed the "force" element to exclude a broad range of coercive conduct. This application perpetuates rape myths and enables assailants to use a broad range of force without the act being legally recognized as "rape." Part I explains the development of rape jurisprudence to illustrate how the law has evolved to emphasize the "force" element. Part II examines rape myths that affect the courts' application of the "force" element. The purpose of this section is to dispel the "violent stranger" rape myth and to illustrate that the most typical "force" used by perpetrators ...


Are Rule 26(C) Protective Orders Viable Against Grand Juries? The Ninth Circuit Rejects Balancing Test In Favor Of A Per Se Rule: United States V. Janet Greeson's A Place For Us (In Re Grand Jury Subpoena Served On Meserve), Dane L. Steffenson 2010 Golden Gate University School of Law

Are Rule 26(C) Protective Orders Viable Against Grand Juries? The Ninth Circuit Rejects Balancing Test In Favor Of A Per Se Rule: United States V. Janet Greeson's A Place For Us (In Re Grand Jury Subpoena Served On Meserve), Dane L. Steffenson

Golden Gate University Law Review

This comment compares the Fourth, Eleventh, and Ninth Circuits' per se rule with the Second Circuit's balancing approach. It concludes that the courts adopting the per se rule made unwarranted findings by overstating the reach of protective orders by construing them as improper "de facto" grants of immunity. The courts also understated the retained power of a grand jury by declining to recognize that even when a protective order exists, a grand jury can still call witnesses, have a court compel testimony, or use leaked information for prosecution even though it is sealed.s Further, these courts could have ...


Destination Ventures, Ltd. V. F.C.C. And Moser V. F.C.C.: How Much Should The Telephone Consumer Protection Act Restrict Your Phone, Fax And Computer?, Michael D. McConathy 2010 Golden Gate University School of Law

Destination Ventures, Ltd. V. F.C.C. And Moser V. F.C.C.: How Much Should The Telephone Consumer Protection Act Restrict Your Phone, Fax And Computer?, Michael D. Mcconathy

Golden Gate University Law Review

The Ninth Circuit upheld the constitutionality of the Telephone Consumer Protection Act (hereinafter "TCPA") in two February 1995 decisions: Destination Ventures, Ltd. v. F.C.C. and Moser v. F.C.C. Destination Ventures marked the first examination of the TCPA by any United States Court of Appeals. In that case, the Ninth Circuit held that the TCPA ban on unsolicited facsimile (hereinafter "fax") advertising was a constitutional regulation of commercial speech since the provision reasonably fit the government interest in preventing advertisement cost-shifting to the consumer. Five days later, in Moser, the same three-judge panel reversed a district court ...


After United States V. Vaneaton, Does Payton V. New York Prevent Police From Making Warrantless Routine Arrests Inside The Home?, Bryan Murray 2010 Golden Gate University School of Law

After United States V. Vaneaton, Does Payton V. New York Prevent Police From Making Warrantless Routine Arrests Inside The Home?, Bryan Murray

Golden Gate University Law Review

In United States v. Vaneaton the Ninth Circuit held that police did not violate the Fourth Amendment to the United States Constitution by making a warrantless arrest of a suspect who answered his door in response to their knock. The majority distinguished the case from the United States Supreme Court's holding in Payton v. New York, which ordinarily requires police to obtain a warrant before arresting a suspect inside his or her dwelling. Instead, the court found that the police did not need a warrant to arrest the suspect, even though he stood within the identifiable threshold of the ...


Standing Committee On Discipline V. Yagman: The Ninth Circuit Provides Substantial First Amendment Protection For Attorney Criticism Of The Judiciary, Jeffrey A. White 2010 Golden Gate University School of Law

Standing Committee On Discipline V. Yagman: The Ninth Circuit Provides Substantial First Amendment Protection For Attorney Criticism Of The Judiciary, Jeffrey A. White

Golden Gate University Law Review

In Standing Committee on Discipline of the United States District Court for the Central District of California v. Yagman, the Ninth Circuit Court of Appeals held that an attorney who publicly criticized a federal judge did not commit sanctionable conduct. In determining whether the attorney, Stephen Yagman, had violated a local rule of professional conduct for lawyers, the court applied a "reasonable attorney" standard, rather than a subjective malice standard. The court held that Yagman's statements, in light of this higher standard, did not violate the rule's prohibition against impugning the integrity of the court. The Ninth Circuit ...


Crawford V. Gould: Federal Statute Gives Financial Boon To State Institutionalized Psychiatric Patients, Paul Webb 2010 Golden Gate University School of Law

Crawford V. Gould: Federal Statute Gives Financial Boon To State Institutionalized Psychiatric Patients, Paul Webb

Golden Gate University Law Review

In Crawford v. Gould, the Ninth Circuit held that the State of California may not take Social Security benefits from a recipient without his or her consent. The court found that federal law preempted California's procedure of applying the Social Security benefits of unconsenting institutionalized patients to the cost of their care. With this decision, the Ninth Circuit ruled California's procedure invalid.


The Constitutionality Of Mandatory, Presentence Urine Testing Of Convicted Defendants, Joshua W. Rose 2010 Golden Gate University School of Law

The Constitutionality Of Mandatory, Presentence Urine Testing Of Convicted Defendants, Joshua W. Rose

Golden Gate University Law Review

In Portillo v. United States District Court for the District of Arizona, the Ninth Circuit held that mandatory presentence urine testing of a convicted defendant violates the Fourth Amendment to the United States Constitution. The court concluded that, because the particular facts of the case and the lack of information about the defendant's past drug usage did not support the district court's order, urine testing was constitutionally impermissible.


Mckenzie V. Day: Is Twenty Years On Death Row Cruel And Unusual Punishment?, Amber A. Bell 2010 Golden Gate University School of Law

Mckenzie V. Day: Is Twenty Years On Death Row Cruel And Unusual Punishment?, Amber A. Bell

Golden Gate University Law Review

In 1976, the United States Supreme Court decided that capital punishment does not violate the Eighth Amendment's protection against cruel and unusual punishment. This note raises the question whether extended incarceration on death row invokes the protections of the Eighth Amendment. This note examines four aspects of this issue. First, it traces the facts and procedural history of McKenzie. Second, the history of cruel and unusual punishment jurisprudence is discussed. Third, it details and analyzes the majority and dissenting opinions. Finally, it demonstrates that McKenzie is a poorly reasoned opinion.


Renewed Compassion For The Dying In Compassion In Dying V. State Of Washington, Cara Elkin 2010 Golden Gate University School of Law

Renewed Compassion For The Dying In Compassion In Dying V. State Of Washington, Cara Elkin

Golden Gate University Law Review

In Compassion In Dying v. State of Washington, three patients, five physicians, and a non-profit organization called Compassion in Dying challenged the constitutionality of a Washington State statute which bans all assisted suicide, including physician-assisted death requested by terminally ill, mentally competent adults. The district court held the statute unconstitutional for violating the patient-plaintiffs' Fourteenth Amendment liberty interests and equal protection rights." A three-judge panel of the Ninth Circuit held that no constitutional right to die exists under either the Due Process or Equal Protection clauses of the Fourteenth Amendment of the United States Constitution. The Ninth Circuit granted review ...


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

Personnel Of The Court

Golden Gate University Law Review

No abstract provided.


People V. Davis: California's Murder Statute And The Requirement Of Viability For Fetal Murder, Julie N. Qureshi 2010 Golden Gate University School of Law

People V. Davis: California's Murder Statute And The Requirement Of Viability For Fetal Murder, Julie N. Qureshi

Golden Gate University Law Review

In People v. Davis, the California Supreme Court held that the viability of a fetus is not required for a murder conviction under California Penal Code section 187(a). The Davis court ruled that the third-party killing of a fetus with malice aforethought is murder under California's murder statute so long as the state can show that the fetus has progressed beyond the embryonic stage of seven to eight weeks. This decision overturned eighteen years of California appellate court holdings.


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