Law Commons^™

The Office Of The City Attorney Of San Francisco, Louise Renne

Golden Gate University Law Review

The San Francisco City Attorney’s Office serves the Mayor, Board of Supervisors, and other elected officials as well as the approximately 100 departments, boards, commissions, and offices that comprise the City and County of San Francisco’s government. In many ways, the office is unique among city attorney offices, both because of the extraordinary scope of activities performed by the City and County of San Francisco’s government, and the scope of the City Attorney’s Office activities within that structure. At the outset, it is important to note that the San Francisco City Attorney is elected — comparatively unusual among cities. All …

The Company I Keep, Laurel Beeler

Golden Gate University Law Review

No abstract provided.

Golden Gate University School Of Law: A Bridge To The Profession In The Heart Of San Francisco, Rachel A. Van Cleave

Golden Gate University Law Review

An over 115-year San Francisco institution devoted to opening legal education and the profession to people of diverse backgrounds and experiences, Golden Gate University School of Law (GGU Law) has been a cornerstone of the Bay Area legal community. GGU Law’s mission, graduates, and academic leaders have played an integral role to the fabric of the San Francisco Bay Area legal community and that has shaped a progressive use of the law that seeks to protect the rights of those who otherwise lack a strong political or legal voice. These contributions continue to reverberate throughout California and beyond. This essay …

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Preface, Alex Lemberg, Mary Loung

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

No abstract provided.

C.R. Ex Rel. Rainville V. Eugene School District 4j: Slowly Expanding A School’S Ability To Reach Off-Campus Speech, Mary R. Loung

Golden Gate University Law Review

The United States Constitution guarantees equal protection under the law to all citizens regardless of race, color, religion, and gender. However, there are special circumstances when constitutional rights can be restricted. The First Amendment rights of public school students fall under one of these special circumstances. While parents have a responsibility to care for, protect, and discipline their child, the responsibility transfers to the school’s in loco parentis authority when the child becomes a student under their supervision. The salient issue then becomes how to determine when the school’s authority begins and ends. The Ninth Circuit’s decision in C.R. ex …

State And Federal Powers Clash Over Medical Marijuana In United States V. Mcintosh, Cara E. Alsterberg

Golden Gate University Law Review

The unanimous opinion in United States v. McIntosh held that a spending rider approved by Congress in 2014 and 2015 prohibits the United States Department of Justice (the Department) from prosecuting marijuana suppliers who fully comply with state laws allowing the use of marijuana for medicinal purposes. The Department argued that the rider only prohibits litigation against the states themselves, rather than prosecution of individuals who provide marijuana for medicinal purposes, because the language of the rider indicates that the Department may not use appropriated money to prevent states from implementing their medical marijuana laws.

The three-judge panel of the …

Jones V. Davis And The Critical Issue Of Time In California’S Capital Punishment System, Heather Varanini

Golden Gate University Law Review

This Note argues that the Ninth Circuit should have affirmed the district court’s holding, thus invalidating California’s capital punishment system for three main reasons. First, citizens are losing confidence in the death penalty, which undermines its deterrent effect. Second, capital punishment is a critical issue for the State, and Californians and death row inmates alike must look to the judiciary for relief. Third, the Ninth Circuit avoided the constitutional issue of California’s capital punishment system by relying on Teague v. Lane. In doing so, the court deepened the problems the Defendant and the district court sought to alleviate.

Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, Kevin Ballard

Golden Gate University Law Review

This Note will begin by examining the majority’s analysis in Heller. The Heller case, through historical interpretation, analyzed the language of the Second Amendment and settled a long-held dispute about the meaning of its actual language. This same historical analysis was also significant in the Supreme Court’s examination of McDonald, which affirmatively applied the Second Amendment to the States. Peruta used the same methodology as Heller and McDonald.

Next, this Note will argue that, based on the historical analysis in Heller, McDonald, and Peruta, courts addressing the Second Amendment should apply strict scrutiny review …

Dc Comics V. Towle: To The Batmobile!: Which Fictional Characters Deserve Protection Under Copyright Law, Katherine Alphonso

Golden Gate University Law Review

Section I of this Note presents the history and purpose of copyright law by giving a brief background of its origin. It discusses how courts have since expanded copyright coverage to individual fictional characters, and chronicles the various challenges faced in applying the law. Section I also provides relevant facts and procedural history for the case.

Section II examines the Ninth Circuit’s discussion and holding. Section III discusses the inherent limitations of the three-part test used in the decision. It explains the importance of rejecting categorical protection and analyzing copyright for all fictional characters on a case-by-case basis. Section III …

Introduction, The Hon. Carlos T. Bea

Golden Gate University Law Review

No abstract provided.

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

Golden Gate University Law Review

No abstract provided.

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Preface, Cara E. Alsterberg, Heather Varanini

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

No abstract provided.

How Reasonable Are Reasonable Efforts For The Children Of Incarcerated Parents?, Courtney Serrato

Golden Gate University Law Review

This article will discuss the development of the laws concerning children with incarcerated parents. Ultimately, the goal is to encourage states like California to (1) expand the law regarding reasonable efforts even further, (2) encourage California prisons to take into consideration exceptions for children and incarcerated parents in implementing prison policies, and (3) provide other states with a model for proposing new laws that can be put into practice. The background of this article will explain the federal implementation of The Adoption and Safe Families Act (ASFA) and the necessary changes California made to state law after the enactment of …

Default License Revocation In California Administrative Law, Jacob Reinhardt

Golden Gate University Law Review

This article will examine default license revocation in California and the extremely difficult process for overturning such a determination. In Part I, the article will provide background information regarding the principles of notice and default. Part II will continue with a chronological examination of the administrative set aside process, noting recommendations for improvements that can be made at each stage. Part II will be divided into three sections: A) the timelines and service procedures used in license disciplinary actions; B) how administrative set aside requests are decided at the agency level; and C) judicial review of the agency’s decision. Finally, …

Paved With Good Intentions: Title Ix Campus Sexual Assault Proceedings And The Creation Of Admissible Victim Statements, Sara F. Dudley

Golden Gate University Law Review

This Comment argues that campuses should, in the course of their Title IX proceedings, ensure that anyone who takes a potentially admissible statement from a survivor has received trauma-informed interview training. Trauma-informed interviewing acknowledges the physiological effect of trauma on survivors, the impact that it can have on their ability to recall facts and details, and the limits and possibilities of obtaining information from such witnesses. In addition, campuses should limit the number of individuals who take statements from survivors and record the victim’s statements. These improvements will create statements of higher evidentiary quality. It will also mitigate the emotional …

Table Of Contents

Golden Gate University Law Review

No abstract provided.

Preface, Courtney Brown, Rosalyn Jamili

Golden Gate University Law Review

No abstract provided.

Masthead

Golden Gate University Law Review

Masthead and front matter.

United States V. Fidel Castro-Verdugo: Unlawfully Sentenced Defendant Is Procedurally Barred From Relief, E. Rose London

Golden Gate University Law Review

In United States v. Fidel Castro-Verdugo, the Ninth Circuit held that the court lacks the jurisdiction to correct an underlying unlawful sentence imposed by the district court in the context of a probation revocation appeal. Despite clear error on the part of the sentencing judge, Defendant-Appellant (Defendant) did not timely file a petition for a writ of habeas corpus; therefore, no remedy was available to him. The dissenting opinion asserted that the court did have jurisdiction to correct the error because Defendant appealed from a later sentence erroneously based on the underlying unlawful sentence. Noting that it is the …

United States V. Rodriguez: Fresno Laser Pointer, A “Knucklehead” But Not A “Bin Laden”, Rosalyn A. Jamili

Golden Gate University Law Review

In United States v. Rodriguez, the Ninth Circuit overturned a harsh conviction sentencing Sergio Patrick Rodriguez to five years in prison for aiming a laser pointer at a Fresno Police helicopter, in violation of 18 U.S.C. § 39A, and an additional fourteen years in prison for attempting to interfere with its operation, in violation of 18 U.S.C. §§ 32(a)(5) and (8). The panel reversed the conviction, finding that Rodriguez did not act with reckless disregard for the safety of human life by shining the laser pointer at the helicopter, and remanded his conviction for aiming the pointer itself for resentencing.

Garcia V. Google, Inc.: The Ninth Circuit’S Refusal To Extend Copyright Protection To An Actor’S Performance, Reinforcing The Letter Of Copyright Law, Anna Nicolopulos

Golden Gate University Law Review

Copyright protection is rooted in the Intellectual Property Clause of the United States Constitution, which sets boundaries for the subject matter that can be protected by federal copyright law. The Ninth Circuit’s 2014 decision in Garcia v. Google, Inc., marked the first time a court ruled that an individual actor with a minor role in a film has a copyright interest in her own performance.

In Garcia v. Google, Inc., the Ninth Circuit originally held that the actor likely had a copyright interest in the film because she was “duped into providing an artistic performance that was used in …

Barrientos V. 1801-1825 Morton Llc: Striving For Balance – The Impact Of Fair Market Rent On Low-Income Renters And Landlords In The Section 8 Housing Choice Voucher Program, Veronica Kontilis

Golden Gate University Law Review

In its simplest form, Barrientos v. 1801-1825 Morton LLC is a housing law dispute between a landlord and numerous tenants. Morton LLC is the landlord of an apartment complex subject to the Los Angeles Rental Stabilization Ordinance (LARSO). The tenants live in Morton LLC’s units and receive Section 8 assistance from the federal government. The dispute arose when Morton LLC served eviction notices to the Section 8 tenants, citing a “business or economic” reason for the eviction as allowed by a federal regulation. The tenants filed suit, arguing that the eviction notice violated LARSO’s eviction protections. The United States Court …

In Re Ncaa Student-Athlete Name & Likeness Licensing Litigation: How Free Speech Lost A Key Battle In The War For Creativity, Leoangelo Cristobal

Golden Gate University Law Review

Part I of this Note explains the relevant law governing In re NCAA Student-Athlete Name & Likeness Licensing Litigation, followed by a summary of the factual and procedural history of the case. Additionally, Part I summarizes how the majority opinion of the Ninth Circuit followed case precedent to apply the five-factor “transformative use” test. Part II explains the dissenting opinion and argues why it should have been the opinion adopted by the court. Additionally, Part II asserts that the majority decision hampers free speech in sports entertainment and places an unnecessary cap on creativity.

Introduction, M. Margaret Mckeown

Golden Gate University Law Review

No abstract provided.

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

Golden Gate University Law Review

Includes an obituary for Judge Arthur L. Alarcon.

Table Of Contents

Golden Gate University Law Review

No abstract provided.