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Articles 31 - 60 of 91
Full-Text Articles in Law
The Constitutionality Of Mandatory, Presentence Urine Testing Of Convicted Defendants, Joshua W. Rose
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.
Madsen V. Women's Health Center, Inc.: The Constitutionality Of Abortion Clinic Buffer Zones, Jennifer Wohlstadter
Madsen V. Women's Health Center, Inc.: The Constitutionality Of Abortion Clinic Buffer Zones, Jennifer Wohlstadter
Golden Gate University Law Review
This note will discuss the new standard introduced by the United States Supreme Court, the Court's rationale behind its introduction, and the standard's application to the facts of Madsen. Next, the author will explore how this standard will influence the decisions arid injunctions already implemented by state courts and how the standard may result in reduced protection for women's reproductive rights. Finally, the author will explain why the states' interest in protecting clinic access is strong enough to justify the continued use of buffer zones despite the stricter standard courts must apply.
American Academy Of Pediatrics V. Lungren: California's Parental Consent To Abortion Statute And The Right To Privacy, Michael Grimm
American Academy Of Pediatrics V. Lungren: California's Parental Consent To Abortion Statute And The Right To Privacy, Michael Grimm
Golden Gate University Law Review
This comment will discuss the background right to privacy jurisprudence, examine the grounds under which the court of appeal decided the case, and review appellants' and respondents' arguments. Based upon the opposing parties' arguments and controlling precedent, the author will explain why the California Supreme Court should affirm the court of appeal's decision.
Constitutional Law - Board Of Natural Resources V. Brown: New York Grows Roots In Washington, Robert E. Arnold Iii
Constitutional Law - Board Of Natural Resources V. Brown: New York Grows Roots In Washington, Robert E. Arnold Iii
Golden Gate University Law Review
In Board of Natural Resources v. Brown, the Ninth Circuit Court of Appeals held that provisions in the Forest Resources Conservation and Shortage Relief Act violated the Tenth Amendment by compelling western states to issue regulations according to Congress' instructions. In so doing, the court recognized the ongoing vitality of the Tenth Amendment as a limitation on the power of Congress to use states as instruments of federal regulation.
Constitutional Law - Vernon V. City Of Los Angeles, Et Al.: Government Employer May Investigate Employee's Religious Beliefs To Determine Whether Beliefs Affect Job Performance, Wendy L. Wilbanks
Golden Gate University Law Review
In Vernon v. City of Los Angeles, et al., the Ninth Circuit held that the city of Los Angeles' investigation of its assistant police chiefs religious beliefs did not violate his state or federal civil rights.
Promises Of Confidentiality To News Sources After Cohen V. Cowles Media Company: A Survey Of Newspaper Editors, Daniel Levin, Ellen Rubert
Promises Of Confidentiality To News Sources After Cohen V. Cowles Media Company: A Survey Of Newspaper Editors, Daniel Levin, Ellen Rubert
Golden Gate University Law Review
We undertook a survey of newspaper editors to determine their views regarding promises of confidentiality, to determine the effect of the Cohen case on the newspaper industry, and to discover related information. This article will discuss the Cohen case and report the survey results. Section II of the article sets forth the facts that led to the lawsuit brought by source Dan Cohen against two Minneapolis newspapers for breach of promise of confidentiality. Section III sets forth the history of the lawsuit itself, as it proceeded through the Minnesota state courts to the United States Supreme Court, reaching a final …
Burdick V. Takushi: Hawaii's Ban On Write-In Voting Is Constitutional, Elizabeth E. Deighton
Burdick V. Takushi: Hawaii's Ban On Write-In Voting Is Constitutional, Elizabeth E. Deighton
Golden Gate University Law Review
In Burdick v. Takushi, the Supreme Court held that Hawaii's ban on write-in voting, when taken as part of the State's comprehensive election scheme, does not violate an individual's constitutional rights to freedom of expression or freedom of association as they pertain to voting rights. This Note gives an overview of the case law as it pertains to voting rights and its relationship to the First Amendment, and analyzes the Supreme Court's application of that law to the specific facts in Burdick.
Protecting Children From Music Lyrics: Sound Recordings And "Harmful To Minors" Statutes, Jim Mccormick
Protecting Children From Music Lyrics: Sound Recordings And "Harmful To Minors" Statutes, Jim Mccormick
Golden Gate University Law Review
The tactic of including sound recordings in "harmful to minors" statutes is perhaps the most promising solution to the resilient problem of explicit music lyrics. Although the Washington law was found unconstitutional, many states have successfully included sound recordings in their own "harmful to minors" statutes. To appreciate this development, a legal and factual background must be discussed. Part II of this Comment summarizes the development of obscenity standards for minors in U.S. First Amendment law. Part III discusses some historic clashes between obscenity law and music. The Washington "Erotic Lyrics" Amendment and its constitutional problems are the subject of …
R. V. Butler: Recognizing The Expressive Value And The Harm In Pornography, Justine Juson, Brenda Lillington
R. V. Butler: Recognizing The Expressive Value And The Harm In Pornography, Justine Juson, Brenda Lillington
Golden Gate University Law Review
The recent Canadian Supreme Court decision of R. v. Butler recognizes and addresses the harmful anti-social attitudes and behaviors towards women which are perpetuated by misogynistic, violent pornography. Meanwhile, American courts continue to grapple with their traditional obscenity standard. This comment presents an overview of the American approach to regulating and categorizing pornography, and explores the obstacles this approach creates for addressing the issues of harm to women. The pivotal elements of the Butler court's analysis will be discussed in light of American decisions. The authors propose that a Butler analysis offers a more honest and balanced approach to the …
Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah: A Reader's Companion To Contemporary Free Exercise Jurisprudence And The Right To Perform Ritual Animal Sacrifice, Rod M. Fliegel
Golden Gate University Law Review
Contemporary scholars have devoted ample attention to the Court's free exercise jurisprudence. The scope of this comment is thus appropriately limited to consideration of the fundamental free exercise questions presented by Hialeah. Although some review is obviously necessary, this comment is not intended as a comprehensive discussion of recent free exercise cases. Principally, issues which remain unresolved in the wake of the Court's Smith decision will be addressed, including the following. Observing that "neutrality" is the cornerstone of the Smith decision, what evidence may properly be considered when making the neutrality assessment? Will facial-neutrality be dispositive? Additionally, assuming that Smith …
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt
Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Barker Brandt
Golden Gate University Law Review
In this article, I will first review the Court's Establishment Clause jurisprudence to date, with special attention to the issue of school prayer. Second, I will synthesize the major historical arguments driving the Court's analysis in this area. Third, I will summarize and analyze the opinions in Lee, their impact on existing jurisprudence and their importance for future cases in this area.
International Society For Krishna Consciousness, Inc. V. Lee: The Public Forum Doctrine Falls To A Government Intent Standard, Stephen K. Schutte
International Society For Krishna Consciousness, Inc. V. Lee: The Public Forum Doctrine Falls To A Government Intent Standard, Stephen K. Schutte
Golden Gate University Law Review
Since its inception, the public forum doctrine has maintained a byzantine existence. The Supreme Court has struggled to define the extent to which the First Amendment protects expressive activities in public places. Prior to developing a public forum doctrine, the Court used various means to limit government restrictions of expressive uses of public property. Since 1972, however, the Court has increasingly relied on categorical approaches to determine when members of the general public can use government-controlled property for communicative purposes.
"Whatever Happened To Mary Beth Tinker" And Other Sagas In The Academic "Marketplace Of Ideas", Thomas C. Fischer
"Whatever Happened To Mary Beth Tinker" And Other Sagas In The Academic "Marketplace Of Ideas", Thomas C. Fischer
Golden Gate University Law Review
Over twenty years have passed since the Tinker case was decided. In that time, well over 40 major "education law" cases have been decided by the U.S. Supreme Court; exclusive of those dealing with public school integration and public assistance to parochial schools. Cases of the last two types add significantly to that number. In the forty years prior to Tinker, the Supreme Court decided roughly ten "education law" cases. The gradual erosion of the sweeping guarantees implied by the Tinker decision was neither consistent nor uninterrupted. Generally speaking, however, students and teachers have lost rights over the past twenty …
Constitutional Law - United States V. James Daniel Good Property: Government Obligations And Due Process Requirements In Civil Forfeiture Proceedings, Kevin T. Hunsaker
Constitutional Law - United States V. James Daniel Good Property: Government Obligations And Due Process Requirements In Civil Forfeiture Proceedings, Kevin T. Hunsaker
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Zobrest V. Catalina Foothills School District: Should The Wall Between Church And State Come Crumbling Down? Funding Sign Language Interpreters And The First Amendment, Judith Sharon Rosen
Constitutional Law - Zobrest V. Catalina Foothills School District: Should The Wall Between Church And State Come Crumbling Down? Funding Sign Language Interpreters And The First Amendment, Judith Sharon Rosen
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Lipscomb V. Simmons: State Foster Care Funding For Non-Relatives Only, Social Welfare Or Parens Patriae, David Peterson
Constitutional Law - Lipscomb V. Simmons: State Foster Care Funding For Non-Relatives Only, Social Welfare Or Parens Patriae, David Peterson
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn
Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn
Golden Gate University Law Review
No abstract provided.
Constitutional Law - United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By The First Amendment, Christine C. Pagano
Constitutional Law - United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By The First Amendment, Christine C. Pagano
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Burdick V. Takushi: Upholding Hawaii's Ban On Write-In Voting, Elizabeth E. Deighton
Constitutional Law - Burdick V. Takushi: Upholding Hawaii's Ban On Write-In Voting, Elizabeth E. Deighton
Golden Gate University Law Review
No abstract provided.
Constitutional Law - International Brotherhood Of Teamsters, V. Department Of Transportation: The Fourth Amendment, Another Victim Of The War On Drugs, Judith S. Rosen
Constitutional Law - International Brotherhood Of Teamsters, V. Department Of Transportation: The Fourth Amendment, Another Victim Of The War On Drugs, Judith S. Rosen
Golden Gate University Law Review
No abstract provided.
The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin
The Constitutionality Of California's Parental Consent To Abortion Statute, Malena R. Calvin
Golden Gate University Law Review
In order to determine the constitutionality of California's parental consent statute, this article will first discuss the implications of Roe. Second, this article will analyze United States Supreme Court decisions which have addressed parental consent statutes. Third, this paper will demonstrate that California's parental consent statute would be considered constitutional under the Supreme Court cases which have addressed such statutes. Fourth, this paper will consider the implications of California's state constitution. Based on this analysis, this paper will establish that despite a finding of constitutionality under federal law, California's parental consent statute appears to violate the express right to privacy …
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Learning Disabled Juveniles & Miranda Rights - What Constitutes Voluntary, Knowing, & Intelligent Waiver, Steven A. Greenburg
Golden Gate University Law Review
The specific factual issue addressed in this article is whether the federal waiver standards announced in Connelly require California courts, absent police coercion, to admit the confession of a learning disabled juvenile who waives Miranda rights yet lacks sufficient cognitive ability to understand the rights and consequences of waiving them.
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 - Times Mirror Company V. United States: Media's Request For Public Access To Pre-Indictment Search Warrant Materials Denied, Patricia L. Connolly
Constitutional Law - Times Mirror Company V. United States: Media's Request For Public Access To Pre-Indictment Search Warrant Materials Denied, Patricia L. Connolly
Golden Gate University Law Review
No abstract provided.
Constitutional Law - Qualified Immunity For Ins Church-Busters? Presbyterian Church (Usa) V. United States, Michael E. Banister
Constitutional Law - Qualified Immunity For Ins Church-Busters? Presbyterian Church (Usa) V. United States, Michael E. Banister
Golden Gate University Law Review
This note will focus on the court's holding that the individual agents are qualifiedly immune from damages suits based on the churches' claim that their right to the free exercise of religion under the first amendment was violated.
The Lemon Test And The Establishment Clause: A Proposal For Modification, Michael Barnes
The Lemon Test And The Establishment Clause: A Proposal For Modification, Michael Barnes
Golden Gate University Law Review
The separation of church and state, as contemplated by the First Amendment, has given rise to a troubling line of cases interpreting the Establishment Clause. In 1971, the United States Supreme Court fashioned a test for deciding these cases in Lemon v. Kurtzman. Previous Establishment Clause holdings were synthesized into a three-pronged analysis. "First, the statute must have a secular legislative purpose; second, its principle or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster 'an excessive government entanglement with religion.'" An act which fails to satisfy any of the three prongs …
Some Questions About Gender And The Death Penalty, Elizabeth Rapaport
Some Questions About Gender And The Death Penalty, Elizabeth Rapaport
Golden Gate University Law Review
No capital punishment statute classifies by gender, but it is arguable that gender bias infects the administration of capital punishment because the discretion of prosecutors, juries and judges is employed to the advantage of female murderers. Prior to Furman, capital punishment statutes typically gave sentencing authorities untrammelled discretion to mete out life or death. Although sentencing discretion has been substantially reduced in the modern death penalty regime, it remains arguable post-Furman that the sparseness of women on death row testifies to the discriminatory use of capital sentencing discretion. However, in light of the recent decision in McCleskey v. Kemp, in …
The Establishment Clause Argument For Choice, David R. Dow
The Establishment Clause Argument For Choice, David R. Dow
Golden Gate University Law Review
Although the Court's opinion in Roe has been subjected to substantial criticism, with its attention to the issue of viability coming under attack as an egregious instance of judicial legislation, any constitutional discussion of the abortion issue must begin with Roe itself. I do not propose to defend the jurisprudential analysis in Roe. Instead, my aim is to suggest that the majority's historical survey of the significance attributed by our culture to the moment of viability adumbrates the distinction between cultural and religious values that I propose in this essay. My argument proceeds as follows. Part I of this essay …
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Enforcing The Hidden U.S. Equal Rights Law, Ann Fagan Ginger
Golden Gate University Law Review
Since 1945 the law of the United States has required the United States government to take action to promote universal observance of human rights for all without distinction as to sex. This equal rights for women law is part of the supreme law of the land, to be faithfully executed by the President and the Administration, to be enforced by the federal courts and by the courts of the several states, to be implemented by Congress, and to be obeyed by industry, reported by the media, and relied on and obeyed by the people in their daily lives. Busy practitioners …
Constitutional Law Summary, Tatiana Roodkowsky
Constitutional Law Summary, Tatiana Roodkowsky
Golden Gate University Law Review
No abstract provided.