Law Commons^™

The Fallout Of Too Big For Trial: Advocating Control Person Liability, Tudor Jones

Golden Gate University Law Review

The Subprime Mortgage Crisis of 2008 (Subprime Crisis or Crisis) caused an unprecedented worldwide recession. Between 2007 and 2010, the global financial services sector lost 325,000 jobs. In the United States, consumer household net worth decreased by $11 trillion. Meanwhile, C-level executives (hereafter, executives or corporate officers) from sixteen of the firms most closely associated with the Subprime Crisis were eligible to receive golden parachute payments approaching $1 billion if their firms’ failures had resulted in their terminations. Because of the government bailout program, that money would have been indirectly funded by United States taxpayers.

The Subprime Crisis presented the …

Arrested Development: A Call For Feasible Market-Control Measures To Incentivize Alternative Fuel Innovation And Combat Global Climate Change, Michael Digrande

Golden Gate University Law Review

This Comment examines the implementation and perceived effectiveness of measures like California’s LCFS (Low Carbon Fuel Standard). The following Parts explore the United States’ arrested development in implementing effective market-based measures to reduce GHGs, and how a market-based approach to incentivize fuel innovation is simply one facet in addressing the complex issue of global climate change. Part I addresses the science of global warming, identifying the immediate need to transition from an economy reliant on fossil fuels to one buoyed by the promise of new, zero-emission fuels. Part II provides background on how current notions of federalism shape environmental policy …

Ag-Gag Laws: A Shift In The Wrong Direction For Animal Welfare On Farms, Larissa Wilson

Golden Gate University Law Review

This Comment argues that ag-gag laws are roadblocks to the creation, enforcement, and expansion of animal cruelty laws. Part I provides background on the development of farming, current farming conditions, and the implications of farm conditions for consumers. It also gives a brief history of undercover investigative reporting and the ag-gag laws that have followed. Part II explains how ag-gag laws prevent the creation of effective animal welfare statutes by limiting the public awareness that leads directly to the establishment of new anti-cruelty measures. Part III explains that ag-gag legislation obstructs the enforcement of animal welfare statutes because these measures …

Charitable Nonprofits’ Use Of Noncompetition Agreements: Having The Best Of Both Worlds, Lindsey D. Blanchard

Golden Gate University Law Review

Unlike traditional for-profit entities, whose main goal is profit maximization, charitable nonprofits are organized and operated to benefit some greater good. As a result, charitable nonprofits receive donations from philanthropic individuals and corporations, as well as various tax breaks from the government, which are unavailable to for-profit entities. At the same time, charitable nonprofits exploit many of the same tools that for-profit firms utilize to maximize profits, including noncompetition agreements. Thus, charitable nonprofits are able to benefit from an anti-competition, profit-maximizing tool while also reaping the rewards of their tax-exempt status. In short, charitable nonprofits wrongly enjoy the best of …

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Golden Gate University Law Review

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Golden Gate University Law Review

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The Numbers Game: Why California's Child Support Formula Should Be Amended To Avoid Parental Abuse, Karly Schlinkert

Golden Gate University Law Review

This article examines the H% element of the child support equation (the amount of time the higher earning parent spends with the minor child) and how it affects children and their best interests. Part I focuses on the history of child support in America and how federal legislation has impacted California’s approach to child support. Part II discuses California’s child support formula and how the amount of time spent with a child affects the total amount of financial support owed; this section will focus on what constitutes a child’s best interest. This article advocates for California to adopt a different …

The Forgotten Children Of The Foster Care System: Making A Case For The Professional Judgment Standard, Andrea Koehler

Golden Gate University Law Review

Part I of this Comment presents a brief look at the children in foster care and the maltreatment they experience, as well as the federal and state legislation enacted to provide for their safety. Part II explores § 1983 and Supreme Court precedent establishing the duty to protect persons from harm caused by private parties, with a focus on the special relationship doctrine. It also discusses the applicable standards of liability defined by the Court. Part III reviews and analyzes the various liability standards used in federal and state actions brought by foster children for failure to protect them from …

Dna Analysis And The Confrontation Clause: “Special Needs” Category For Dna Testimonial Evidence, Colleen Clark

Golden Gate University Law Review

This Comment examines three recent U.S. Supreme Court decisions dealing with forensic evidence and how its use is affected by the Confrontation Clause. The Confrontation Clause provides a defendant with the right to confront adverse witnesses. Notably, in Williams v. Illinois, Justice Breyer pointed out that the Court has explicitly not addressed the “outer limits of the “testimonial statements” rule set forth in Crawford v. Washington.” Specifically, Justice Breyer asked how “the Confrontation Clause [applies] to the panoply of crime laboratory reports and underlying technical statements written by (or otherwise made by) laboratory technicians?” This question, while left …

Anti-Slapp Confabulation & The Government Speech Doctrine, Steven J. Andre

Golden Gate University Law Review

NOTE: The attached article is an updated version of the print edition, 9Dec2014.

California was the first state to find judicial acceptance of the notion that government may avail itself of anti-SLAPP protections against private citizens who petition for redress of grievances. It is the purpose of this article to explore the judicial entrenchment of such a misguided balancing of government interests against constitutional rights, and to illustrate why it is shortsighted and a very harmful misinterpretation of otherwise very worthy and beneficial statutes.

Jessica’S Law Residency Restrictions In California: The Current State Of The Law, Bruce Zucker

Golden Gate University Law Review

Sex offender residency restrictions in the United States became ubiquitous throughout state and county jurisdictions in 2006 following the passage of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (“SORA”). Following passage of SORA, over 30 states and hundreds of local counties and municipalities adopted some form of restriction on where registered sex offenders could live. Although California had already placed some such limits, California voters passed Proposition 83 in November 2006, known as the Sexual Predator Punishment and Control Act: Jessica’s Law (SPPCA). Among other provisions, Jessica’s Law for the first time prohibited certain registered …

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Golden Gate University Law Review

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Golden Gate University Law Review

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Narrowly Restricting "Clearly Established" Civil Liberties: The Constitutional Ramifications Of A Family Member's [Under] Protected Federal Privacy Rights In The Dissemination Of Postmortem Images In Marsh V. County Of San Diego, Mahira Siddiqui

Golden Gate University Law Review

In Marsh, the Ninth Circuit held that a prosecutor who photocopied and kept a child's autopsy photograph (and after retirement gave the copy to the press) was entitled to qualified immunity. The court reasoned that there was no "clearly established" law to inform the prosecutor that his earlier conduct in making and keeping the photocopy was unlawful. In so holding, the Ninth Circuit relied on American Manufacturers Mutual Insurance Co. v. Sullivan, which held that a plaintiff must prove that he or she was "deprived of a right secured by the Constitution or laws of the United States."' Moreover, …

Native Village Of Eyak V. Blank: Fish Is Best Rare; Justice, Not So Much, William H. Howery Iii

Golden Gate University Law Review

For the purposes of the litigation discussed in this Note, the Chugach peoples comprise five native villages in the State of Alaska: Eyak, Tatitlek, Chenega, Nanwalek, and Port Graham ("the Villages"). The Villages must fight for a right to the natural resource they depend upon most for survival, fish. At the end of the twentieth century, the Villages sued the federal government to assert claims of aboriginal title, and along with it, exclusive rights to the resources of their ancestral fishing grounds on the Outer Continental Shelf (OCS). A panel of the United States Court of Appeals for the Ninth …

The Political Question Doctrine In The Ninth Circuit And Why It Should Not Have Barred The Adjudication Of Corrie V. Caterpillar, Kristina Maalouf

Golden Gate University Law Review

This Comment argues that the Ninth Circuit should not have affirmed the dismissal of Corrie v. Caterpillar. Although Rachel's death occurred in the context of the highly politicized Israeli-Palestinian conflict, the court's failure to find justiciable a cause of action between a U.S. citizen and a U.S. corporation was grounded on an undue application of the political question doctrine. The Ninth Circuit could have allowed the district court to adjudicate Rachel's family's claims under a narrow tort-liability framework without interfering with U.S. foreign policy. Rachel's family deserved the opportunity to litigate its case against Caterpillar, the company whose product …

Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee

Golden Gate University Law Review

Despite the decreased circulation of traditional newspapers, celebrity gossip magazines continue to flourish in the publishing world. In June 2012, People Magazine reached a paid circulation of over 3.5 million copies, putting the publication at number nine on the top U.S. consumer magazines list for the first half of the year. Public demand for celebrity news and gossip is unwavering. With this popularity come problems - especially for those celebrities whose images end up supplying that high demand. In Monge v. Maya Magazines, Inc., the Ninth Circuit presided over a copyright battle between celebrities and a gossip magazine regarding fair …

Introduction, The Honorable Richard R. Clifton

Golden Gate University Law Review

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Judges Of The United States Court Of Appeals For The Ninth Circuit

Golden Gate University Law Review

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Golden Gate University Law Review

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Preface, Alyce Foshee

Golden Gate University Law Review

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Golden Gate University Law Review

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