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Articles 91 - 120 of 915
Full-Text Articles in Law
Consumer Bankruptcy Reform: Debtors' Prison Without Bars Or "Just Desserts" For Deadbeats?, Robert J. Landry Iii, Nancy Hisey Mardis
Consumer Bankruptcy Reform: Debtors' Prison Without Bars Or "Just Desserts" For Deadbeats?, Robert J. Landry Iii, Nancy Hisey Mardis
Golden Gate University Law Review
This article provides an overview of current bankruptcy law and filing trends in the United States. It then provides an overview of the major changes to consumer bankruptcy and further analyzes several of the more controversial areas of the new law, placing them in historical context and exploring the possible ramifications of these dramatically sweeping changes. Such changes are illustrated by the journey of hypothetical debtors, Ura and Ima Broke, through the new bankruptcy maze. This illustration shows the complexity and inconsistency of the amended Bankruptcy Code. Examining the reform from the vantage point of hypothetical debtors shows how the …
Asylum For A Minor Child Of Persecuted Parents In Zhang V. Gonzales, Roxana M. Smith
Asylum For A Minor Child Of Persecuted Parents In Zhang V. Gonzales, Roxana M. Smith
Golden Gate University Law Review
In Zhang v. Gonzales, the Ninth Circuit considered for the first time whether an unaccompanied minor child of a parent who was forcibly sterilized should be automatically eligible to apply for asylum. Deferring to the statutory interpretation adopted by the Board of Immigration Appeals ("BIA"), the court found against the child. The court's opinion retreated from earlier dictum suggesting that the refugee statute could reasonably be extended to grant automatic eligibility to a child. However, the court went on to hold that the parents' political opinion - in the form of resistance to coercive population controls - could still be …
Making-Up Conditions Of Employment: The Unequal Burdens Test As A Flawed Mode Of Analysis In Jespersen V. Harrah's Operating Co., Megan Kelly
Golden Gate University Law Review
Part I of this Note reviews Title VII and foundational caselaw, including cases regarding sex discrimination and appearance standards. Part II examines the Ninth Circuit's Jespersen opinion. Part III compares the Supreme Court decision in Price Waterhouse v. Hopkins, which expanded Title VII protection to include gender stereotyping, with the Jespersen holding. Part III also explores a Seventh Circuit case, Carroll v. Talman Federal Savings and Loan Association of Chicago, and Judge Thomas's dissent in Jespersen, which both argue for inclusion of less tangible factors such as gender stereotyping in the unequal burdens test. Part III finally contends that the …
Property, War Objectives, And Slave Labor Claims: The Ninth Circuit's Political Question Analysis In Alperin V. Vatican Bank, Reuben Hart
Golden Gate University Law Review
This Note will analyze the Ninth Circuit's decision in Alperin v. Vatican Bank, and propose that while the court's demarcation between property claims and war objectives claims may be a sound analytical method for addressing political question doctrine issues, the slave labor claims should not have been excluded from the scope of the property claims.
Newton V. Diamond: When A Composer's Market Is Not The Average Joe: The Inadequacy Of The Average-Audience Test, Reid Miller
Newton V. Diamond: When A Composer's Market Is Not The Average Joe: The Inadequacy Of The Average-Audience Test, Reid Miller
Golden Gate University Law Review
This Note will discuss how the Ninth Circuit incorrectly adopted the average-audience test because the test has become overbroad in its application, is ill-equipped to deal with the issues of complex modern music, and has drifted from the fundamental purpose of copyright law. The Ninth Circuit should have adopted the intended- audience test, which looks to the reaction of those with the expertise required to understand the language of the work and more truly reflects the fundamental purpose of copyright law: the protection of the creator's market.
Considering Environmental Justice In The Decision To Unbundle Renewable Energy Certificates, Ida Martinac
Considering Environmental Justice In The Decision To Unbundle Renewable Energy Certificates, Ida Martinac
Golden Gate University Law Review
This comment discusses the current debate over whether or not to unbundle Renewable Energy Certificates (RECs) and concludes that no regulatory or legislative decision can be made without careful consideration of the potential adverse environmental impacts of unbundling upon disadvantaged communities. Part I explains the concept of Distributed Generation, its history and its importance for the electrical utility industry, paying particular attention to renewable Distributed Generation. Next, it describes the role of the CPUC in the argument regarding REC bundling. This part also examines legislative efforts undertaken to deal with the evolving relationship between renewable energy generators, Distributed Generators and …
Smoke Before Oil: Modeling A Suit Against The Auto And Oil Industry On The Tobacco Tort Litigation Is Feasible, Angela Lipanovich
Smoke Before Oil: Modeling A Suit Against The Auto And Oil Industry On The Tobacco Tort Litigation Is Feasible, Angela Lipanovich
Golden Gate University Law Review
This Comment explores the viability of using the same legal theories employed in the 1990's tobacco litigation to hold the petro industry accountable in California for some of the harms caused by its products. Section I reviews the historical framework and key events leading to the tobacco tort litigation's recovery of public expenses and attainment of industry accountability. Section II describes some of the damages that petro plaintiffs could allege in similar tort claims brought against the petro industry and identifies public costs that petro plaintiffs might be able to recover. In Section III the feasibility of bringing petro tort …
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Golden Gate University Law Review
For decades, the Anacostia River -- its shoreline, waterfront neighborhoods and watershed -- has been neglected by parties responsible for its stewardship. The river's water is severely polluted; obsolete transportation infrastructure isolates neighborhoods and divides Washington into areas "east" and "west" of the river; public parks are underutilized and suffer from chronic disinvestment; and several communities along the river are among the poorest in the metropolitan Washington region. With the river forming a boundary between race and class and with over 70 percent of the river's lands in public ownership, the need to rethink the management of this urban river …
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
Golden Gate University Law Review
This paper will detail the vision for a transformed Detroit Riverfront, the efforts to realize the vision, and lessons learned to date. Specifically, the article will focus on the creation of the Detroit RiverFront Conservancy, Inc. (DRFC), a non-profit organization that is charged with facilitating the transformation through a strong public-private partnership. Section I will provide the background on the Detroit River, important demographics regarding the riverfront and early work on the vision. Section II and III will highlight the work of the DRFC and the project details. Finally, Section IV covers key success factors and challenges, focusing on important …
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Golden Gate University Law Review
Reversing the flow of the Chicago River is just one of many interventions to the natural system. In section II, the authors trace the historical use of innovative engineering approaches for managing the Chicago River. Then, the article analyzes two current engineering solutions that continue the pattern of human intervention. Section III turns to the tunnel and underground reservoir project, the vast system of deep tunnels designed to manage wastewater and storm water flooding. Section IV reviews the aquatic nuisance species dispersal barrier or electric fence as it is commonly referred to. This barrier is a last ditch effort to …
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Golden Gate University Law Review
This article addresses the background of this historically significant creek, its encapsulation early in the twentieth century, and a modern-day attempt to daylight the creek using legislation originally enacted as part of the Clean Water Act. The article also traces the background leading to the national movement towards the current trend of restoring rivers and streams, which began in the 1970s, and has continued to the present time. The article also looks briefly at the Brownfields Showcase Project which spurred the daylighting. It will also explore in detail the US Army Corps of Engineers' ("USACE") efforts under the ecosystem restoration …
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Golden Gate University Law Review
During the past decade, the L.A. River has become a subject of intense re-examination, a major topic of policy debate, and a new kind of environmental icon. It has increasingly come to symbolize the quest to transform the built urban environment from a place seen as representing violence and hostility for communities and for Nature, to one of rebirth and opportunity." To re-envision the Los Angeles River as a place of community and ecological revitalization rather than an exclusive and dangerous flood channel fenced off from the communities that surround it provides a powerful message of renewal for urban rivers …
A Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
A Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
Golden Gate University Law Review
This Article emphasizes how the Santa Clara Valley Water District (SCVWD), the Guadalupe-Coyote Resource Conservation District (GCRCD) (as the plaintiff in the several complaints), and other parties developed a joint scientific record as the basis for their negotiations, and how the resulting settlements use adaptive management to assure cost-effective restoration in the face of continuing uncertainty about the impacts of SCVWD's water supply and flood protection facilities. Section I addresses the settlement of a water rights complaint brought against the SCVWD to modify the operation of its water supply system in the upper reach of the river. Section II explores …
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
The Cold Decision Of Coldwell Banker: A California Court Ends The Evolution Of Broker Liability With One Decision, Dominic H. Porrino
The Cold Decision Of Coldwell Banker: A California Court Ends The Evolution Of Broker Liability With One Decision, Dominic H. Porrino
Golden Gate University Law Review
Part I of this note focuses on the history of the broker's duty of disclosure and duties owed to third persons. That part provides a historical framework of the evolving law in broker disclosure and the broker's duty to third persons, concentrating mainly on California law. Part II discusses the broker disclosure statute and the downfall of its narrow interpretation. Part III discusses the common-law balancing test, and the benefits of its application to the Coldwell Banker case and other cases like it. Finally, Part IV concludes that the court in Coldwell Banker erred by taking a narrow interpretation of …
Mercexchange V. Ebay: Should Newsgroup Postings Be Considered Printed Publications As A Matter Of Law In Patent Litigation?, Zhichong Gu
Golden Gate University Law Review
Part I of this Note provides a brief background concerning eBay's method of doing business, its subsequent litigation with MercExchange and the applicable patent law. Part II presents relevant facts about newsgroups and other types of internet documents. Part III discusses eBay's invalidity defense used in its case against MercExchange's patents. The legal issue - whether a newsgroup posting should be considered a printed publication within the meaning of the patent statutes - arises from eBay's invalidity defense. As it turns out, the district court's ruling on this issue in MercExchange v. eBay conflicts with the relevant policy and practice …
A Call For Uniformity In Appellate Courts' Rules Regarding Citation Of Unpublished Opinions, Analisa Pratt
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 …
To Be Or Not To Be A Penalty: Defining The Recovery Under California's Meal And Rest Period Provisions, Scott Edward Cole, Matthew R. Bainer
To Be Or Not To Be A Penalty: Defining The Recovery Under California's Meal And Rest Period Provisions, Scott Edward Cole, Matthew R. Bainer
Golden Gate University Law Review
This article argues that the DLSE's proposed regulations are in fact a redefinition of the pay provided for under Section 226.7. California Labor Code Section 226.7 was intended to, was explicitly drafted to, and in fact does, provide for a premium wage rather than a penalty. Parts I and II provide a review of mandatory meal and rest periods. Part III discusses the nature of the Section 226.7 pay provision, the DLSE's proposed regulations, and the DLSE's accompanying statement of reasons supporting these regulations. Parts IV analyzes Labor Code Section 226.7 under the axioms of statutory interpretation, demonstrating that the …
A Qualified Defense: In Support Of The Doctrine Of Qualified Immunity In Excessive Force Cases, With Some Suggestions For Its Improvement, Michael M. Rosen
A Qualified Defense: In Support Of The Doctrine Of Qualified Immunity In Excessive Force Cases, With Some Suggestions For Its Improvement, Michael M. Rosen
Golden Gate University Law Review
This article addresses several criticisms of the qualified immunity doctrine and defends the doctrine, through an examination of the key cases and commentary on them, as a reasonably coherent and effective mechanism for sorting out worthy from unworthy litigation. This article also identifies some important shortcomings in the doctrine and outlines modifications that would improve its functioning, improvements that would quiet the chorus of criticism that several commentators have directed at the doctrine.
Symptoms For Scalia And Texas: Gay Rights And American Nationalism, Daniel Gordon
Symptoms For Scalia And Texas: Gay Rights And American Nationalism, Daniel Gordon
Golden Gate University Law Review
Matti Bunzl in Symptoms of Modernity: Jews and Queers in Late-Twentieth Century Vienna expressed great faith in the multicultural fairness of American Society. Bunzl recognized the threat of Christian Conservatives in the United States to gay and lesbian civil rights and civil liberties, and he evidenced some skepticism of American multiculturalism. However, overall Bunzl remained optimistic about the future of civil rights for gays and lesbians in the United States noting "it was in the United States that a postmodern sensibility of minority politics was pioneered.'' This article utilizes Bunzl's work along with the work of urban religion sociologists to …
Posthumously Conceived Children And Social Security Survivor's Benefits: Implications Of The Ninth Circuit's Novel Approach For Determining Eligibility In Gillett-Netting V. Barnhart, Karen Minor
Golden Gate University Law Review
Part I of this Note describes the technology of assisted reproduction, the requirements and purpose of the Act, and the challenges that arise when interpreting the Act using the variety of state statutes. Part II describes the instant case and explores the reasoning of both the district court and the Ninth Circuit. The implications of the decision are discussed in Part IlI.
What Does Diversity Mean In Seattle?: Parents Involved In Community Schools V. Seattle School District Number 1 Strikes Down The Use Of A Racial Tiebreaker, Katie York
Golden Gate University Law Review
This Note examines the Ninth Circuit decision in Parents Involved in Community Schools v. Seattle School District Number 1. The introduction provides an overview of the evolution of race-based jurisprudence. In addition, the introduction describes the "open choice" policy established by the School District. Part I explains the progression to strict scrutiny as the applicable standard of review for race-conscious admissions policies. Part II analyzes the procedural history of the Parents Involved cases. Part III compares the admissions policies between public high schools and universities. Part IV proposes a constitutionally permissible race-conscious placement policy for secondary education. Part V concludes …
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Dangerous Balance: The Ninth Circuit's Validation Of Expansive Dna Testing Of Federal Parolees, Claire S. Hulse
Golden Gate University Law Review
Part I provides a background of federal DNA testing legislation, the Fourth Amendment implications of DNA testing and two DNA testing cases leading up to the U.S. v. Kincade decision. Part II analyzes the plurality and dissenting opinions of the U.S. v. Kincade decision. Part III argues that the plurality's balancing test has a potential for inappropriate application. Finally, Part IV concludes that the Kincade balancing test should be narrowly applied as precedent after a meaningful balancing of interests, and not as a facade for ever-expanding government interests.
An Unreasonable Online Search: How A Sheriffs Webcams Strengthened Fourth Amendment Privacy Rights Of Pretrial Detainees, Ian Wood
Golden Gate University Law Review
This Note will discuss how courts approach pretrial detainees' claims of punishment, exploring both Fourteenth Amendment Due Process claims and privacy rights under the Fourth Amendment. It will go on to discuss Demery's implications for Fourth Amendment privacy rights of pretrial detainees. Part I explores the protections pretrial detainees are afforded under the Fourteenth Amendment Due Process Clause." Part l.A discusses the general differences between pretrial detainees and convicted prisoners. Part I.B considers two Supreme Court cases - Bell v. Wolfish and Block v. Rutherford - that address the standards used in evaluating punishment claims in a pretrial detention context …
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Throw A Dog A Suspect: When Using Police Dogs Becomes An Unreasonable Use Of Force Under The Fourth Amendment, Lisa K. Sloman
Golden Gate University Law Review
This Note contends that a dog bite lasting up to a minute is excessive force under these circumstances and violated Miller's Fourth Amendment right against unreasonable seizures. Part I of this Note provides a general synthesis of current Fourth Amendment seizure law as it applies to using police dogs. Part II discusses the facts of Miller and the court's application of current case law to those facts. Finally, Part III argues that the court failed to properly apply existing Fourth Amendment seizure law to the facts in Miller, and therefore, the force used was unreasonable.
Challenges To Establishing Jurisdiction Over Holocaust Era Claims In Federal Court, Svetlana Shirinova
Challenges To Establishing Jurisdiction Over Holocaust Era Claims In Federal Court, Svetlana Shirinova
Golden Gate University Law Review
This Comment contends that jurisdiction over Austria cannot be established retroactively by application of the Foreign Sovereign Immunities Act. The purpose of this Comment is to call the attention of the legal community and the general public to the need to resolve the remaining Holocaust Era claims. Many U.S. citizens fought to preserve democratic rights during the Second World War. Many gave their lives to protect the world from fascism. Now it is time for the legislature and the judiciary to complete this noble task. This Comment is divided into four parts. Part I provides a brief overview of Holocaust …
Customizing The Reasonable-Woman Standard To Fit Emotionally And Financially Disabled Plaintiffs Is Outside The Scope Of The Civil Rights Act's Prohibition On Sex-Based Discrimination: Holly D. V. California Institute Of Technology, Amanda M. Jarratt
Golden Gate University Law Review
Tailoring the reasonable-woman standard to include select disabilities is problematic because employer liability would improperly depend upon the effect that the victim's disability had on the victim's perception, instead of on the agency relationship between the supervisor and the employer. Furthermore, these subjective standards would prevent employers from successfully invoking the reasonable care defense. Using these tailored standards would also result in discriminatory treatment under the law for women who did not qualify for one of these customized standards. Finally, customized standards would sterilize American workplaces. In support of this Comment's assertions against factoring the emotional and financial difficulties of …
Toward A Future Of Enforcement: A Critique Of The Ninth Circuit's Invalidation Of Mandatory Arbitration Agreements In Employment Contracts, Kerri Bandics
Golden Gate University Law Review
This Comment focuses on mandatory pre-dispute arbitration agreements that prospective employees must sign in order to be hired, or even considered, for a given position. Growing numbers of employers are implementing mandatory arbitration programs to resolve workplace disputes in response to recent case law upholding the enforceability of arbitration agreements. Employers may present arbitration agreements in employment contracts, employment handbooks, or in job applications. This Comment posits that while arbitration is an efficient method of adjudicating many claims, mandatory arbitration agreements in employment contracts are potentially unfair to employees for three reasons. These three concerns arise because employers typically control …