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Frivolous Action Filings In California Courts, California Research Bureau Feb 2017

Frivolous Action Filings In California Courts, California Research Bureau

California Agencies

No abstract provided.


Introduction: Reflections From A Time Of (Near) Disaster And Renewal, Cathy Catterson Feb 2015

Introduction: Reflections From A Time Of (Near) Disaster And Renewal, Cathy Catterson

Golden Gate University Law Review

In welcoming the latest edition of the Golden Gate University Law Review’s annual Ninth Circuit Survey, the Ninth Circuit’s Court and Circuit Executive reflects on the 25th Anniversary of the Loma Prieta earthquake and its impact on the court.


Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave Dec 2014

Viewpoint: Time To Abolish The 'Inquisitorial' Grand Jury System, Rachel A. Van Cleave

Publications

The U.S. criminal justice system is long overdue for reform and the best place to start is the institution of the criminal grand jury. This archaic aspect of our system was originally intended to protect individuals suspected of a crime by including people from the community as a check on those with the power of the state to enforce the law. The grand jury no longer serves this purpose and should be abolished.


Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee Jun 2014

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 ...


Introduction, The Honorable Richard R. Clifton Jun 2014

Introduction, The Honorable Richard R. Clifton

Golden Gate University Law Review

No abstract provided.


Judges Of The United States Court Of Appeals For The Ninth Circuit Jun 2014

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

Golden Gate University Law Review

No abstract provided.


Table Of Contents Jun 2014

Table Of Contents

Golden Gate University Law Review

No abstract provided.


Preface, Alyce Foshee Jun 2014

Preface, Alyce Foshee

Golden Gate University Law Review

No abstract provided.


Masthead Jun 2014

Masthead

Golden Gate University Law Review

No abstract provided.


Report On The Administrative Office Of The Courts, Strategic Evaluation Committee May 2012

Report On The Administrative Office Of The Courts, Strategic Evaluation Committee

California Courts and the Practice of Law

In March 2011 Chief Justice Tani Cantil-Sakauye established the Strategic Evaluation Committee (SEC), composed of judges from courts of all size from throughout the state, assisted by advisory members with extensive executive managerial experience in government. The Chief Justice asked the committee to conduct an in-depth review of the Administrative Office of the Courts (AOC), the staff agency to the Judicial Council, with a view toward promoting transparency, accountability, and efficiency. The request from the Chief Justice required the committee to undertake a thorough and objective examination of the role, functions, organizational structure, methods of operation, and staffing of the ...


Introduction, Marsha S. Berzon Jun 2011

Introduction, Marsha S. Berzon

Golden Gate University Law Review

As judges of the geographically largest and busiest federal circuit court of appeals, the 26 active and 22 senior Ninth Circuit judges rarely have the luxury of looking back at the cases we have decided, rather than working on the opinions yet to be written and preparing for the new cases coming up for argument. That the Golden Gate University Law Review has for so many years (since Volume 6 in 1976) produced this annual volume documenting and analyzing our work product has been essential in filling the gap by providing an objective assessment of what – and how – we are ...


A Call For Uniformity In Appellate Courts' Rules Regarding Citation Of Unpublished Opinions, Analisa Pratt Oct 2010

A Call For Uniformity In Appellate Courts' Rules Regarding Citation Of Unpublished Opinions, Analisa Pratt

Golden Gate University Law Review

This Comment is divided into seven parts. Part I provides an overview of the current practice concerning citation of unpublished opinions, including a look at how unpublished opinions came into existence, the types of opinions currently published, and the courts' reasoning for limiting citation of unpublished opinions. Part II describes the variations on precedential value an opinion could receive and describes the no-citation rules by circuit. Part III discusses the debate between the Eighth and the Ninth Circuits - the two most vocal circuits on the issue of citability. Part IV deconstructs the reasoning behind no-citation rules. Part V examines the ...


Riots, Racism, And The Courts, Judge Stephen R. Reinhardt Sep 2010

Riots, Racism, And The Courts, Judge Stephen R. Reinhardt

Golden Gate University Law Review

Judge Stephen R. Reinhardt, Circuit Judge, United States Court of Appeals for the Ninth Circuit. This piece is a commencement speech delivered by Judge Reinhardt in May 1992 to the graduating class of Golden Gate University School of Law. The speech was delivered shortly after the riots which took place in Los Angeles, California, in response to the verdict in the Rodney King trial. Portions of this speech were previously published in HARPER'S MAGAZINE. Copyright 1992 BY HARPER'S MAGAZINE. All rights reserved. Reprinted from the August issue by special permission.


Unfairness In Access To And Citation Of Unpublished Federal Court Decisions, Peter Jan Honigsberg, James A. Dikel Sep 2010

Unfairness In Access To And Citation Of Unpublished Federal Court Decisions, Peter Jan Honigsberg, James A. Dikel

Golden Gate University Law Review

An unfair system has evolved over the past fifteen years in the federal courts. The federal courts changed the concept of stare decisis. In 1972, the Judicial Conference of the United States decided that they needed to reduce the increasing workload of the federal judges. The best way to do so, they thought, was to distinguish between decisions. Some would be worthy of publication and some would not be. Thus, federal judges were instructed to separate out those rulings which would be useful to future litigants or which did more than merely repeat and mechanically apply well-settled rules of law ...


Court Systems And Procedure Aug 2010

Court Systems And Procedure

Golden Gate University Law Review

No abstract provided.


Unlawful Detainer Pilot Program, Administrative Office Of The Courts Apr 2009

Unlawful Detainer Pilot Program, Administrative Office Of The Courts

California Agencies

Under the general framework of the Uniform Controlled Substances Act (Health & Saf. Code, §§ 11570–11587), one of the key provisions of the pilot program is the additional authority granted to city attorneys and city prosecutors to file unlawful detainer (UD) actions against any tenants who are engaged in illegal drug activities. By establishing this program, the Legislature hoped that city attorneys would be able to deal with drug nuisance problems in the community more effectively if property owners, out of safety concerns or other considerations, are unwilling to file unlawful detainer actions to evict offending tenants.

In 2004, AB 2523 added additional protections for tenants and expanded the reach of the pilot program, including extending the pilot program for five more years until January 1, 2010; adding the cities of Oakland and San Diego to the pilot program; and requiring the cities participating in the pilot program to track and report cases in which either the unlawful detainer action was withdrawn or the tenant prevailed, as well as cases in which the eviction notice was erroneously sent to the tenant.

In 2007, AB 1013 expanded the authority of city attorneys and city prosecutors to file unlawful detainer actions against any tenant who commits an offense involving the unlawful possession or use of illegal weapons or ...


"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave Jan 2003

"Death Is Different" - Is Money Different? Criminal Punishments, Forfeitures, And Punitive Damages - Shifting Constitutional Paradigms For Assessing Proportionality, Rachel A. Van Cleave

Publications

Part I of this Article reviews the case law regarding judicial review of both terms of imprisonment and imposition of the death penalty. In this section, I argue for consistency within this area of the law. Some jurisprudence suggests that, because "death is different," proportionality review is appropriate only in the death penalty context, and is either not required or only applies in an extremely narrow example, such as life imprisonment for a parking ticket. Part II examines Supreme Court precedent that analyzes the question of proportionality of forfeitures and punitive damages awards. In the context of forfeitures, the debate ...


Gender And Justice: Implementing Gender Fairness In The Courts, Judicial Council Of California Jul 1996

Gender And Justice: Implementing Gender Fairness In The Courts, Judicial Council Of California

California Agencies

In November, 1990, the Judicial Council unanimously adopted a comprehensive set of recommendations designed to ensure gender fairness in the the state courts of California. this implementation report will highlight the progress made to date in greater detail and outline future objectives.


Achieving Equal Justice For Women And Men In The California Courts. Final Report, Judicial Council Of California Jan 1996

Achieving Equal Justice For Women And Men In The California Courts. Final Report, Judicial Council Of California

California Agencies

No abstract provided.


The Impact Of The Three Strikes Law On Superior And Municipal Courts, Judicial Council Of California Jan 1996

The Impact Of The Three Strikes Law On Superior And Municipal Courts, Judicial Council Of California

California Agencies

In March 1996, all superior and municipal courts received a follow-up survey to obtain information on the impact of the "three strikes" law on the courts. The results of this second survey, covering July through December 1995, are largely consistent with the results from the first survey. covering January through June 1995. The second survey, though, paints a more complete picture due to the excellent response rate (e.g., 100 percent of the superior courts responded), an additional six months of experience with the "three strikes" law, and supplemental information provided by some responding courts


Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee Oct 1993

Trial Court Unification Under Sca 3, Senate Judiciary Committee, Assembly Judiciary Committee

California Joint Committees

No abstract provided.


Achieving Equal Justice For Women And Men In The Courts. The Draft Report Of The Judicial Council Advisory Committee On Gender Bias In The Courts, Judicial Council Of California Mar 1990

Achieving Equal Justice For Women And Men In The Courts. The Draft Report Of The Judicial Council Advisory Committee On Gender Bias In The Courts, Judicial Council Of California

California Agencies

The Judicial Council Advisory Committee on Gender Bias in the Courts was appointed by two Chief Justices and charged with the duty of examining the problem of gender bias in the California courts, gathering information, and making recommendations to the Judicial Council to correct any problems identified. The committee has found that serious problems do exist in decison making, court practices and procedures, the fair allocation of judicial resources, and in the courtroom environment. The committee proposes a series of recommendations in the areas of: Civil Litigation and Courtroom Demeanor, Family Law, Domestic Violence, Juvenile and Criminal Law, and Court ...


Backgrounder: The Biltmore Debate. Should The Justices Be Retained?, The Supreme Court Project Jan 1986

Backgrounder: The Biltmore Debate. Should The Justices Be Retained?, The Supreme Court Project

California Agencies

No abstract provided.


Backgrounder: The Civil Cases. Four Representative Decisions Of The California Supreme Court, Phillip E. Johnson Jan 1986

Backgrounder: The Civil Cases. Four Representative Decisions Of The California Supreme Court, Phillip E. Johnson

California Agencies

No abstract provided.


"The Court On Trial:" An Analysis Of Phillip Johnson's Attack On The California Supreme Court, Independent Citizens' Committee To Keep Politics Out Of The Court Jan 1986

"The Court On Trial:" An Analysis Of Phillip Johnson's Attack On The California Supreme Court, Independent Citizens' Committee To Keep Politics Out Of The Court

California Agencies

On November 4, California voters will decide whether to retain Chief Justice Rose Bird and Associate Justices Joseph Grodin and Cruz Reynoso on the Supreme Court of California.1 This election is extraordinarily important because, for the first time in the history of California judicial retention elections, several Justices are being vigorously opposed in a multi-million dollar partisan campaign. The campaign against the Justices has been conducted by conservative organizations through direct mail and advertisements in newspapers, radio and television. Although we are used to this in ordinary politics, it is a I cause for great concern in a judicial ...


Impact Of Dui Laws On The Courts, Senate Committee On Judiciary Dec 1985

Impact Of Dui Laws On The Courts, Senate Committee On Judiciary

California Senate

No abstract provided.


Trial Court Efficiency, Assembly Committee On Judiciary Dec 1981

Trial Court Efficiency, Assembly Committee On Judiciary

California Assembly

No abstract provided.


State Funding Of The Trial Courts, Assembly Committee On Judiciary Nov 1981

State Funding Of The Trial Courts, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Court Of Appeal Efficiency, Assembly Committee On Judiciary, Assembly Committee On Criminal Justice Oct 1981

Court Of Appeal Efficiency, Assembly Committee On Judiciary, Assembly Committee On Criminal Justice

California Assembly

No abstract provided.


To Meet Tomorrow: The Need For Change, Joint Committee On The Structure Of The Judiciary Oct 1975

To Meet Tomorrow: The Need For Change, Joint Committee On The Structure Of The Judiciary

California Joint Committees

Your Advisory Commission recommends to you in the report transmitted herewith that the superior, municipal and justice courts of each county of this state be merged into a single trial court--the countywide superior court. Under this proposed unification, all supporting personnel attached to these new courts (including the clerks, marshals and reporters) would be placed under the exclusive control and supervision of the courts. The new courts would be administered courts and would follow generally uniform procedures and practices. They would be exclusively state financed; therefore, all revenues generated by them, such as fines and filing fees, would go to ...